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Notice

Vol. 137, No. 13 — June 18, 2003

Registration
SOR/2003-211 5 June, 2003

Regulations Amending the Copyright Regulations

P.C. 2003-867 5 June, 2003

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to sections 59 (see footnote a) and 62 (see footnote b) of the Copyright Act, hereby makes the annexed Regulations Amending the Copyright Regulations.

REGULATIONS AMENDING THE COPYRIGHT REGULATIONS

AMENDMENTS

1. Subsections 2(2) to (4) of the Copyright Regulations (see footnote 1) are replaced by the following:

(2) Correspondence addressed to the Copyright Office may be physically delivered to the Office during ordinary business hours of the Office and shall be considered to be received by the Office on the day of the delivery.

(3) For the purposes of subsection (2), where correspondence addressed to the Copyright Office is physically delivered to the Office outside of its ordinary business hours, it shall be considered to have been delivered to the Office during ordinary business hours on the day when the Office is next open for business.

(4) Correspondence addressed to the Copyright Office may be physically delivered to an establishment that is designated by the Commissioner in the Canadian Patent Office Record as an establishment to which correspondence addressed to the Office may be delivered, during ordinary business hours of that establishment, and

(5) For the purposes of subsection (4), where correspondence addressed to the Copyright Office is physically delivered to an establishment outside of ordinary business hours of the establishment, it shall be considered to have been delivered to that establishment during ordinary business hours on the day when the establishment is next open for business.

(6) Correspondence addressed to the Copyright Office may be sent at any time by electronic or other means of transmission specified in the Canadian Patent Office Record.

(7) For the purposes of subsection (6), where, according to the local time of the place where the Copyright Office is located, the correspondence is delivered on a day when the Office is open for business, it shall be considered to be received by the Office on that day.

(8) For the purposes of subsection (6), where, according to the local time of the place where the Copyright Office is located, the correspondence is delivered on a day when the Office is closed for business, it shall be considered to be received by the Office on the day when the Office is next open for business.

2. Subsection 3(1) of the Regulations is replaced by the following:

3. (1) Except as otherwise provided by the Act or these Regulations, communication in respect of a copyright shall be in writing, but the Commissioner may also accept oral communications.

3. Paragraph 6(2)(a) of the Regulations is replaced by the following:

4. Section 8 of the Regulations is replaced by the following:

8. All applications for registration of copyright, requests for registration of an assignment of copyright or of a licence granting an interest in a copyright, and any correspondence to the Commissioner shall be legible and clear and, if in paper form, on white paper that measures at least 21 cm by 28 cm but not more than 22 cm by 35 cm, on one side only, with left and upper margins of at least 2.5 cm.

5. Section 9 of the Regulations is replaced by the following:

9. The fee to be paid by a user of a service of the Copyright Office set out in column 1 of any of items 3 to 8 of the schedule is the fee set out in column 2 of that item.

6. Item 1 of the schedule to the Regulations is replaced by the following:

Item	Column 1 Service	Column 2 Fee ($)
1.	Accepting an application for registration of a copyright (a) pursuant to section 55 of the Act, (i) where the application and fee are submitted on-line to the Copyright Office, via the Canadian Intellectual Property Office web site (ii) in any other case (b) pursuant to section 56 of the Act, (i) where the application and fee are submitted on-line to the Copyright Office, via the Canadian Intellectual Property Office web site (ii) in any other case	50 65 50 65

7. Items 4 to 6 of the schedule to the Regulations are replaced by the following:

Item	Column 1 Service	Column 2 Fee ($)
4.	Correcting a clerical error not committed by the Copyright Office in any instrument of record including, without further fee, issuing a corrected certificate of registration of copyright, pursuant to section 61 of the Act, or processing a request to include in the Register of Copyrights any other document affecting a copyright, (a) where the request and fee are submitted on-line to the Copyright Office, via the Canadian Intellectual Property Office web site (b) in any other case	50 65
5.	Providing a certified copy in paper form of a document: (a) for each certification (b) plus, for each page	35 1
6.	Providing a certified copy in electronic form of a document: (a) for each certification (b) plus, for each copyright to which the request relates	35 10
7.	Providing a copy in paper form of a document, for each page, (a) where the user of the service makes the copy using Copyright Office equipment (b) where the Copyright Office makes the copy	0.50 1
8.	Providing a copy in electronic form of a document: (a) for each request (b) plus, if the copy is requested on a physical medium, for each physical medium requested in addition to the first (c) plus, for each copyright to which the request relates	10 10 10

COMING INTO FORCE

8. (1) Sections 1 to 4 come into force on the day on which these Regulations are registered.

(2) Sections 5 to 7 come into force on January 1, 2004.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears ollowing SOR/2003-208, Rules Amending the Patent Rules.

Footnote a

S.C. 1993, c. 15, s. 8

Footnote b

S.C. 1997, c. 24, s. 37(2)

Footnote 1

SOR/97-457

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.


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