Book Importation Regulations

SOR/99-324

INTERPRETATION

Section 1.  

The definitions in this section apply in these Regulations.

Act means the Copyright Act.

bookseller means an individual, firm or corporation that is directly engaged in the sale of books in Canada for at least 30 consecutive days in a year and

Canadian edition means an edition of a book that is published under an agreement conferring a separate right of reproduction for the Canadian market, and that is made available in Canada by a publisher in Canada.

catalogue means a publication in printed, electronic or microfiche form that

current exchange rate means the rate of exchange prevailing on the day on which a transaction takes place, as ascertained from a Canadian bank.

format in relation to a book, means

holiday means a Saturday or a as defined in subsection 35(1) of the Interpretation Act.

list price means the price for a book that is set out in a catalogue or printed on the cover or jacket of the book.

remaindered book means a book

retailer means a person who sells books in the course of operating a business, but does not include an exclusive distributor or a book publisher.

special order means an order for a copy of a book that a bookseller or a retailer other than a bookseller does not have in stock and that the bookseller or retailer orders at the request of a customer.

APPLICATION

Section 2.  

(1) These Regulations apply to

(2) For greater certainty, these Regulations apply to books referred to in subsection (1) that are added, after the coming into force of these Regulations, to an order placed before the coming into force of these Regulations.

(3) For greater certainty, these Regulations shall not be construed as authorizing anyone to do or to omit to do an act that would constitute an infringement of copyright under subsection 27(2) of the Act.

COMPUTATION OF TIME

Section 3.  

(2) If a period of less than seven days is provided for in these Regulations, a day that is a holiday shall not be included in computing the period.

(3) If a period for the doing of a thing is provided for in these Regulations and is expressed to end on a specified day, the period ends at the close of business on the specified day.

NOTICE OF EXCLUSIVE DISTRIBUTOR

Section 4.  

(1) An exclusive distributor, a copyright owner or an exclusive licensee shall give the notice referred to in subsection 27.1(5) of the Act to a person referred to in subsection 27.1(1) or (2) of the Act before the person places an order, in the following manner:

(2) The notice referred to in paragraph (1)(a) shall be sent to the retailer at the retailer’s last known address by courier, by mail or by facsimile or other electronic means.

(3) Instead of the notice referred to in subsection (1), an exclusive distributor that represents all of the titles published by a particular publisher may send a notice to that effect to a person referred to in subsection 27(1) or (2) of the Act, at that person’s last known address, by courier, by mail or by facsimile or other electronic means, before the person places an order.

(4) A notice given in accordance with subsection (1) or (3) is valid and subsisting in respect of any title covered by the notice until the notice is revoked or amended by the exclusive distributor, copyright owner or exclusive licensee, as the case may be.

(5) The notice referred to in subsection (2) or (3) is deemed to have been received by the retailer, if it is

IMPORTED BOOKS

Section 5.  

(1) For the purpose of section 2.6 of the Act, where an order for imported books is placed, the following distribution criteria are established:

(2) In the case of books provided to libraries, the applicable discounts referred to in clause (1)(a)(iii)(A) shall be based on generally prevailing market conditions in North America.

(3) Subsections (1) and (2) apply to an exclusive distributor of a book in paperbound format only after the end of 12 months after the book first becomes available in that format in North America. If the exclusive distributor provides the book in that format before the end of that period, subsections (1) and (2) shall apply.

(4) If an exclusive distributor is unable to meet the criteria for an order set out in subsections (1) and (2), the person who placed the order may import the book through a person other than the exclusive distributor.

CANADIAN EDITIONS

Section 6.  

(1) For the purpose of section 2.6 of the Act, the following distribution criteria are established for Canadian editions:

(2) If an exclusive distributor is unable to meet the criteria for an order set out in subsection (1) the person who placed the order may import the book through a person other than the exclusive distributor.

REMAINDERED AND OTHER BOOKS

Section 7.  

For the purpose of subsection 27.1(6) of the Act, a book may be imported if

TEXTBOOKS

Section 8.  

For the purpose of subsection 27.1(6) of the Act, a textbook may be imported if

SPECIAL ORDERS

Section 9.  

(1) For the purpose of subsection 27.1(6) of the Act, a book that is the subject of a special order may be imported through a person other than the exclusive distributor if the exclusive distributor is unable to fill the order within the time specified by the person who placed the order.

(2) The exclusive distributor shall confirm within 24 hours after the special order is received whether or not the order can be filled within the time specified by the person who placed the order.

LEASED BOOKS

Section 10.  

A library may import leased books through a person other than an exclusive distributor.

COMING INTO FORCE

Section 11.  

These Regulations come into force on September 1, 1999.


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