Policy on Providing Guidance on Regulatory Requirements
An interpretation policy is a general document that defines the commitments, practices and tools to be used by government departments and agencies to inform and guide Canadians and businesses about regulatory obligations. This type of document also outlines the conditions governing the written answers to be given to the questions asked.
Operating Context of the Board
The Copyright Act gives several regulatory powers to the Board, notably Section 66.6(1) of the Act under which the Board may, with the approval of the Governor in Council, make regulations governing the manner in which its hearings are conducted, its procedural practices and, in general, its operations, the management of its affairs and the functions of its staff.
The Board assumes this authority in accordance with the Cabinet Directive on Regulation, which sets out the expectations and requirements of the Government of Canada for the development, management and review of federal regulations.
The following interpretation policy is intended to ensure that information on regulations under the jurisdiction of the Board is understandable and useful to Canadians.
Predictability
The Board applies the Policy on Communications and Federal Identity in the drafting of its documents for the public, and ensures that the information provided to the public is clear, relevant, objective, easy to understand and useful. It is also possible to communicate directly with the Board by telephone or email.
The Board posts new regulations and regulatory amendments on its website to inform stakeholders and the general public about issues that concern them. Before developing or amending regulations, the Board holds consultations with stakeholders to discuss the implications. In some cases, stakeholders receive email notifications when changes to the regulations are pre-published in the Canada Gazette, explaining in plain language the intent and rationale behind the proposed changes, thus ensuring that the public is able to make informed comments during the consultations.
To Guide and Educate
To make stakeholders aware of its regulatory requirements and guidance documents, the Board uses the following tools:
- direct communications with industry representatives and advisory groups;
- information sessions;
- technical documents, including practice notices and guidelines;
- social media;
- email distribution list;
- website.
Requests for information
Requests for information on the regulations or for documents can be presented to the Board by telephone or by email. The Board commits to responding to inquiries in a timely manner. Response time can vary (48 hours to 15 days depending on the scope of the enquiry. When service standards cannot be met because the questions require research, the requester is informed within 48 hours. The Board's website also has a section on recurring questions (see FAQ section).
Service
The Board strives for excellence in service delivery, and its staff subscribes to the Values and Ethics Code for the Public Sector. The results of the service delivery are documented in the Copyright Board's Departmental Performance Report, if applicable.
Consultations are the most formal way of responding to problems and complaints from the public. To this end, the Board opens complaint files, holds consultations and communicates by email. Since the Board does not have regulatory experts on its team, it works closely with the Treasury Board Secretariat and the Department of Justice Canada on regulatory matters to answer questions.
Participation
The Board publishes draft regulations for public consultation in Part I of the Canada Gazette, in accordance with the Cabinet Directive on Regulation. Staff reviews and responds to comments received during the consultation period, as necessary and if appropriate, before the regulations are published in the Canada Gazette, Part II.
The Board may also occasionally solicit comments from stakeholders and the public through formal consultations on its website.