Nancy Brooks

October 6, 2014
Partner

Dir: 613-788-2218
VIA EMAIL

nancy.brooks@blakes.com


Reference: 00071273/000007
Copyright Board of Canada
800 56 Sparks Street
Ottawa, ON K1A 0C9

Attention: Gilles McDougall, Secretary General




Dear Mr. McDougall:
RE: Access Copyright Post-Secondary Education Institutions Tariff (2011 2013)

The hearing in the above-reference tariff proceeding was scheduled for February 12, 2014. On January 17,
2014, the Board postponed the hearing sine die. In our letter of April 22, 2014, we requested that an oral
hearing be scheduled on an expedited basis. We write again to request that a date be set for the oral
hearing of this matter.

In Access Copyrights submission, an oral hearing is needed as a matter of procedural fairness and in view
of Access Copyrights reasonable expectation, based on directives and Notices of the Board, that there
would be an oral hearing. The Directive on Procedure issued by the Board on October 16, 2012 stipulated
that an oral hearing will be held. Notices issued by the Board on a number of occasions before Access
Copyright filed its case
1
confirmed that the Board would be holding an oral hearing. Access Copyright
accordingly filed its case in the reasonable expectation that there would be an oral hearing. The Board
adjourned the hearing sine die only after Access Copyright had filed its case. Given the reasonable
expectation created by the Boards directives and Notices, Access Copyright respectfully submits that the
principles of natural justice and procedural fairness require that an oral hearing be scheduled in order to
permit Access Copyright to put its entire case before the Board.

There remains one objector, Mr. Maguire, in these tariff proceedings. It is not the fault of Access Copyright
that the Association of Universities and Colleges of Canada (AUCC), the Association of Canadian
Community Colleges (ACCC) and other institutions and individuals all withdrew as objectors. Access
Copyright should not be prejudiced by the decision of those objectors to withdraw. We note that the Board
has held hearings in other proceedings where there have been no objectors.

An early hearing date is also needed in light of the fact that all of the current licences in place with post-
secondary institutions are set to expire at the end of 2015. Access Copyright and (we expect) the users of

1
Notices dated September 28, 2012, December 21, 2012 and December 11, 2013.






Page 2
the proposed tariff are awaiting some direction from the Copyright Board on the value of the reproduction of
works in Access Copyrights repertoire by post-secondary educational institutions for the renewals of those
licences.

Further, Access Copyright has already filed a proposed tariff for the period 2014-2017. We are now well into
that tariff period. We understand that the 2011-2013 tariff may be continued on an interim basis pursuant to
s. 70.18 of the Copyright Act; however, this makes it all the more important that an oral hearing in the 2011-
2013 tariff proceeding be held soon so that a reasonable and fair royalty rate is in place.

We therefore respectfully request a date be set as soon as reasonably possible, after consultation with
Access Copyright as to availability of its witnesses on the dates under consideration.

We would be pleased to answer any questions the Board has about this request.



Yours very truly,



Nancy Brooks


c: S. Maguire