[CB-CDA 2024-008]

ORDER OF THE BOARD

Matters: Re:Sound 6.A – Use of Recorded Music to Accompany Dance (2019-2023, 2024-2028)

February 7, 2024

On March 29, 2018, Re:Sound filed a proposed tariff for Dance for 2019-2023. This was before the Copyright Board Rules of Practice and Procedure came into effect. As a result, Re:Sound did not file a Notice of Grounds for Proposed Tariff nor have the Objectors filed a Notice of Grounds for Objection in respect of these years.

The Objectors to both proposed tariffs are the Hotel Association of Canada and Restaurants Canada.

Re:Sound and the Objectors filed Notices of Grounds in respect of the proposed tariff for 2024-2028. The Board notes that the rates in the 2019-2023 proposed tariff are greater than those in the 2024-2028 proposed tariff.

At this time, the Board requires further information from the parties in order to complete a preliminary assessment of the file including determining the type of hearing required and next steps for the consideration of the proposed tariffs.

I. ORDER

In respect of the 2019-2023 proposed tariff, Parties shall file Notice of Grounds with the Board, including the information required by Part 3 of the Rules, by Practice Notice PN 2022-006 rev.1 on Filing of Grounds for Proposed Tariff and by Practice Notice PN 2022-007 rev.1 on the Filing of Grounds for Objection.

For each position taken, Parties shall indicate the types and modalities of evidence and submissions they expect to rely on, and are encouraged to reference the Practice Notice PN 2023-009 on Filing of Economic Evidence.

Re:Sound shall file a Notice of Grounds for Proposed Tariffs no later than March 8, 2024. Additionally, Re:Sound shall explain its grounds for the differences in rates between the two proposed tariffs.

The Objectors shall file Notice of Grounds for Objections no later than April 8, 2024. An Objector who does not file a Notice of Grounds in support of their objection will be deemed as not participating in the consideration of the proposed tariffs.

Re:Sound may file a reply to any Notice of Grounds for Objection no later than April 22, 2024. Re:Sound is encouraged to limit any reply to procedural considerations that may help the Board complete its preliminary assessment.

Lara Taylor

Secretary General