Because technologies come and go and the value of private copying can change over time, the Copyright Act does not specify the types of media that the private copying levy applies to or the rates for each type of media. The Copyright Board of Canada is responsible for issuing private copying tariffs that set the types of media that the private copying levy applies to, the rate for each type of media, and related administrative details, for a given period of time.

The Copyright Board of Canada

The Copyright Board of Canada is an economic regulatory body that specializes in copyright matters. The obligations and procedures of the Board are specified in Part VII of the Copyright Act.

How a Private Copying Tariff is set:

The process by which private copying tariffs are set is described in Part VIII, Section 83 of the Copyright Act.

In general:

1. The CPCC initiates the process on behalf of copyright holders by filing a proposed tariff with the Copyright Board of Canada.
2. The Board publishes the proposed tariff in the Canada Gazette.
3. Objectors to the proposed tariff must file their objections within 60 days of publication.
4. A date is set by the Board for a formal public hearing.
5. Objectors and the CPCC present evidence and arguments before the Board.
6. The Board issues a private copying tariff, together with the reasons for the Board’s decision.

The Private Copying Tariffs for 2020 and 2021 were published in the Canada Gazette on December 18, 2021.  The tariffs maintain the levy on CD-R media at the current rate of 29 cents.  Click to view the Private Copying Tariffs for 2022 to 2024.

Private Copying Tariffs

For the Copyright Board of Canada’s Reasons, Backgrounders and Fact Sheets please visit the Copyright Board’s web site at:  https://decisions.cb-cda.gc.ca/cb-cda/decisions/en/item/517980/index.do.

*  The Private Copying Tariff 2008-2009 was released on December 5th 2008. While the Tariff certified the new levies effective January 1st 2008, the CPCC waived retroactive collection of the levies.