CB-CDA 2025-044

Notice of initiation

Proceeding Number: PT25-02

Proceeding: SOCAN Tariffs 10.A and 10.B – Parks, Parades, Streets and Other Public Areas (2026-2028)

June 18, 2025

I. Proposed Tariffs to be Considered

[1] The Board is ready to commence proceeding PT25-02 SOCAN Tariffs 10.A and 10.B – Parks, Parades, Streets and Other Public Areas (2026-2028) to consider the following proposed tariffs (the “Proposed Tariffs”):

• SOCAN Tariff 10.A – Parks, Parades, Streets and Other Public Areas - Strolling Musicians and Buskers; Recorded Music (2026-2028)
• SOCAN Tariff 10.B – Parks, Parades, Streets and Other Public Areas - Marching Bands; Floats (2026-2028)

II. Objectors

[2] No objections to the Proposed Tariffs have been filed.

III. Proceeding Detail Page

[3] Information about this proceeding can be found on the Board’s website under “Cases and Tariffs - Ongoing Cases”.

IV. Interveners and Letters of Comment

[4] A person with an interest in this proceeding may file a request for intervener status as per Rule 52 of the Copyright Board Rules of Practice and Procedure; any person may file a letter of comment in the official language of their choice as per Rule 53.

[5] Please contact the Registry as soon as possible for further information on how to file a request to intervene or a letter of comment.

V. Statement of Issues

[6] Notwithstanding Rule 24, SOCAN is not required to file a Statement of Issues.

VI. Written Hearing

[7] The Board will now hold a written hearing.

[8] For the purpose of calculating the 12 month period referred to in Section 2(a) of the Time Limits in Respect of Matters Before the Copyright Board Regulations, the date for filing final written submissions is fixed to July 29, 2025.

[9] In providing final written submissions, I invite SOCAN to consider addressing the following considerations.

[10] I note that the Notices of Grounds for Proposed Tariffs and the Proposed Tariffs appear to say different things. The Notices of Grounds suggest that reporting only applies if and after there is a use that would trigger a payment under the proposed tariff: "The proposed tariff requires users to report, 30 days after the end of each quarter in which a performance of any works in SOCAN’s repertoire occurs, the actual number of days in which music is performed".

[11] The Proposed Tariffs seem to require to post-quarterly report on whether there has been a tariff 10 use: "No later than 30 days after the end of each quarter, the user shall file with SOCAN a report for that quarter of the number of days in which music is performed, and pay the applicable royalties".

[12] My preliminary view is that establishing a requirement that all users file quarterly reports whether or not there has been a use that would require a payment under the proposed tariff may be more onerous than required in the circumstances. I invite SOCAN to comment on the reporting burden.

[13] I am, on a preliminary basis, considering a modification to the Proposed Tariffs to specify that a report would only be required following a quarter in which there was a use that would trigger a payment under the proposed tariff. SOCAN is invited to comment on appropriate language that could be added to the Proposed Tariffs to this effect.

Drew Olsen

Member