Canada Gazette, Part I, Volume 157, Number 44: SUPPLEMENT
November 4, 2023
COPYRIGHT BOARD
SOCAN Tariff 13.A – Public Conveyances - Aircraft (2023-2025)
Citation: SOCAN Tariff 13.A (2023-2025), 2023 CB 7-T
See also: SOCAN Tariff 13.A (2023-2025), 2023 CB 7
Published pursuant to section 70.1 of the Copyright Act
Lara Taylor
Secretary General
1‑833‑860‑7131 (toll-free number)
registry-greffe@cb-cda.gc.ca (email)
SOCAN TARIFF 13.A – PUBLIC CONVEYANCES - AIRCRAFT (2023-2025)
Royalties
For the performance and the communication to the public by telecommunication in an aircraft, by means of recorded music (including music in audiovisual programming), at any time and as often as desired in the years 2023 to 2025, of any or all of the works in SOCAN’s repertoire, the annual royalty payable for each aircraft owned or operated by the user is calculated as follows:
- 1. Music while on the ground: $2.69 per seat for each aircraft in service during the year, prorated to the number of days in which the aircraft is in service during the year.
- 2. Music as part of in-flight programming: $6.36 per seat for each aircraft in service during the year, prorated to the number of days in which the aircraft is in service during the year.
Where royalties for an aircraft are paid under paragraph 2, no royalties are payable for that aircraft under paragraph 1.
For the purpose of this Tariff, an aircraft is not “in service” if it is no longer owned, leased or under contract by the user or during any period of 15 consecutive days or more that it has not been used to carry the user’s passengers.
Terms and Conditions
The user shall estimate the royalty payable for the year for which the tariff applies, based on the total seating capacity of all aircraft owned or operated by it during the previous year, and shall pay such estimated royalty to SOCAN on or before January 31 of the year for which the tariff applies. Payment of the royalty shall be accompanied by the report required in the next paragraph.
On or before January 31, a report shall be provided showing the number of aircraft operated by the user during the preceding year, as well as, for each aircraft, its seating capacity, the dates of any period of 15 consecutive days or more that it was not used to carry the user’s passengers, and the applicable Tariff 13.A item (13.A.1 or 13.A.2). Any adjustment of the royalty payable to SOCAN from the estimated amount previously paid shall be made and any additional royalties due on the basis of the actual seating capacity shall be paid at that time. If the royalty due is less than the estimated amount previously paid, SOCAN shall credit the user with the amount of the overpayment.
SOCAN shall have the right to audit the user’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the royalty payable by the user.
Any amount not received by the due date shall bear interest from that date until the date the amount is received. Interest shall be calculated daily, at a rate equal to 1% above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.
All amounts payable under this Tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.