Society of Composers, Authors and Music Publishers of Canada v. Canadian Assn. of Broadcasters
A-130-98
Robertson J.A.
19/3/99
10 pp.
Application for judicial review questioning Copyright Board's jurisdiction to reduce tariff 2.A (Television- Commercial Stations) from 2.1% to 1.8% of gross advertising revenues for years 1994 to 1997 and to introduce "modified blanket licence" (MBL), optional tariff structure, for 1997-Alternatively, SOCAN submitting Board's decision patently unreasonable-Application dismissed-Standard of review with respect to lowering of tariff rate patent unreasonableness-Board's decision herein not demonstrated to be patently unreasonable or clearly irrational-As to jurisdiction issue, Board must be "correct" in its determination as to whether it had jurisdiction to introduce MBL-Discretion accorded to Board under Act to set tariff rates and append related terms and conditions sufficiently broad to encompass MBL-Board has jurisdiction and obligation to fix not only tariff rate, but also to determine manner of calculating revenue base to which rate will apply-Applying standard of correctness, Board did not lack jurisdiction to adopt MBL-Nor did Board reach patently unreasonable conclusion by introducing MBL.