[CB-CDA 2024-010]

ORDER OF THE BOARD

Matters: SOCAN Tariff 19 – Fitness Activities and Dance Instruction (2018); Physical Exercises and Dance Instruction (2019, 2020-2022)

February 7, 2024

Between March 31, 2017 and March 28, 2019, SOCAN filed proposed tariffs for Fitness Activities for the years 2018 through 2022. This was before the Copyright Board Rules of Practice and Procedure came into effect. As a result, neither SOCAN nor the Objectors have filed any Notices of Grounds in respect of these proposed tariffs.

The Objectors to these proposed tariffs are listed below. There are no objectors for the 2020-2022 proposed tariff.

• Goodlife Fitness Centres (2018, 2019)

• Fitness Industry Council of Canada (2018, 2019)

• Ridgewood Community League (2018)

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 that may be required and next steps for the consideration of the proposed tariffs.

I. ORDER

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.

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

SOCAN may file a single document containing a Notice of Grounds for each individual proposed tariff. The Objectors may file a single document containing a Notice of Grounds for each individual proposed tariff to which they have objected.

SOCAN shall file a Notice of Grounds for Proposed Tariffs no later than March 8, 2024.

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.

SOCAN may file a reply to any Notice of Grounds for Objection no later than April 22, 2024. SOCAN is encouraged to condense such replies to a single document and to limit any reply to procedural considerations that may help the Board complete its preliminary assessment.

Lara Taylor

Secretary General