The Supreme Court released its decision yesterday ruling that the CRTC did not have the power to implement its proposed “value for signal regime”. The decision is a very significant one. First, because it limits the powers of the CRTC under the Broadcasting Act. Second, because it interprets S. 89 of the Copyright Act in a way that, effectively, creates a pre-emption doctrine that limits the powers to create copyright like rights to Parliament.[i]
Posts Tagged ‘Broadcasting Act’
The Supreme Court of Canada granted leave this morning to Cogego and other telcos to appeal the “value for signal” decision of the Federal Court of Appeal. The question in the case is whether the CRTC has the jurisdiction, under its mandate under the Broadcasting Act to establish a system allowing private local television stations to choose to negotiate with broadcasting distribution companies a fair value in exchange distribution of programming services distributed by the local television stations?
The Supreme Court has summarized the case as follows: