CB-CDA 2025-020

Order of the Board

Proceeding: SOCAN Tariff 19 – Physical Exercises and Dance Instruction (2018-2022)

March 3, 2025

I. Background

[1] On January 29, 2025, the objector, the Fitness Industry Council of Canada (FIC), formally requested that the Board initiate the next steps in this proceeding. FIC also informed the Board that it was now officially advised by Counsel. FIC made a certain number of submissions that were not procedural in nature.

II. Counsel of Record

[2] The Board is unclear on the role of FIC’s Counsel.

[3] The Board requires clarification on whether FIC’s Counsel is Counsel of record and, as such, representing FIC in this proceeding.

III. Correspondence with the Board

[4] The Board has received correspondences from FIC on a number of different occasions. While the Board has noted the content, it wishes to inform FIC that all correspondence must be submitted in a structured manner.

[5] If FIC is not represented, it may wish to seek guidance from its Counsel on best practices for engaging with the Board. For example, it is generally not appropriate to make unsolicited submissions or to make multiple submissions on the same topic.

[6] Generally, communication with the Board must be in line with the Copyright Act, the Board’s Rules of Practice and Procedure, its Practice Notices, along with any schedule of proceeding.

[7] The Board’s steps in any given proceeding are described in the User Guide -Tariff Approval Processes.

IV. Order

[8] FIC or its Counsel shall inform the Board of whether Counsel is Counsel of Record by Monday, March 10, 2025.

Greg Gallo

A/Secretary General