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

(a) whose floor space is open to the public and is located on premises consisting of floor space, including book shelves and customer aisles, of an area of at least 183 m2 (600 sq. ft.); or

(b) whose floor space is not open to the public and that derives 50% of his or her or its gross revenues from the sale of books.

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

(a) is updated at least once a year;

(b) lists all book titles currently in print that are available from at least one exclusive distributor; and

(c) identifies the title, the International Standard Book Number, the exclusive distributor, the author and the list price in Canada for each book listed.

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

(a) the type or quality of binding;

(b) the typeface or size of print;

(c) the type or quality of paper; or

(d) the content, including whether the book is abridged or unabridged, or illustrated.

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

(a) that is sold by the publisher for less than the cost of paper, printing and binding; or

(b) that is sold at a reduced price by the publisher and for which the author or copyright owner receives no royalty.

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

(a) English-language and French-language books that are imported into Canada and for which separate and distinct Canadian territorial rights have been created or contracted; and

(b) Canadian editions that are imported into Canada.

(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:

(a) in the case of a retailer other than a bookseller, in writing in accordance with subsection (2); and

(b) in the case of a bookseller, library or other institution established or conducted for profit that maintains a collection of documents, by setting out the fact that there is an exclusive distributor of the book in the latest edition of

(i) the Canadian Telebook Agency Microfiche and Books in Print Plus – Canadian Edition, published by R.R. Bowker, if the book is an English-language book, and the Banque de titres de langue française, if the book is a French-language book, or

(ii) a catalogue supplied by the exclusive distributor, copyright owner or exclusive licensee to the bookseller, library or other institution, at the request of, and in the form requested by, the bookseller, library or other institution.

(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

(a) delivered by courier, on the day of delivery;

(b) sent by mail, on the tenth day after the day on which the notice was mailed; or

(c) sent by facsimile or other electronic means, on the date and at the time indicated by the sending apparatus.

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:

(a) an exclusive distributor shall

(i) ship the books ordered to the intended recipient

(A) for books imported into Canada and in stock in Canada,

(I) no later than three days after the day on which the exclusive distributor receives the order, in the case of English-language books, and

(II) no later than five days after the day on which the exclusive distributor receives the order, in the case of French-language books,

(B) for books imported from the United States and not in stock in Canada, no later than 12 days after the day on which the exclusive distributor receives the order,

(C) for books imported from Europe and not in stock in Canada,

(I) no later than 30 days after the day on which the exclusive distributor receives the order, in the case of English-language books, and

(II) no later than 60 days after the day on which the exclusive distributor receives the order, in the case of French-language books, and

(D) for books imported from any other country and not in stock in Canada, no later than 50 days after the day on which the exclusive distributor receives the order,

(ii) provide the book in the format requested by the person who placed the order, if the format exists, and

(iii) subject to any law of any province with respect to prices concerning the distribution of books, provide the book at a price no greater than

(A) if the book is imported from the United States, the list price in the United States, plus the current exchange rate, plus 10% of the price after conversion, minus any applicable discounts, or

(B) if the book is imported from a country in Europe or any other country, the list price in the country from which the book is imported, plus the current exchange rate, plus 15% of the price after conversion, minus any applicable discounts; and

(b) if the person who placed the order so requests, an exclusive distributor shall confirm to that person whether the order can be filled

(i) if the confirmation is made by telephone, no later than two days after the day on which the order is placed,

(ii) if the confirmation is sent by mail or facsimile, no later than five days after the day on which the order is placed, and

(iii) if the confirmation is sent by electronic means other than facsimile, no later than the day after the day on which the order is placed.

(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:

(a) the exclusive distributor shall make sufficient copies of the Canadian edition available in Canada; and

(b) before an order is placed, the Canadian edition must be

(i) identified as a Canadian edition

(A) on the cover or jacket of the book,

(B) in the latest edition of the Canadian Telebook Agency Microfiche and of Books in Print Plus – Canadian Edition, published by R.R. Bowker, if the edition is an English-language edition, and in the latest edition of the Banque de titres de langue française, if the edition is a French-language edition, or

(C) in the latest edition of a catalogue supplied by the exclusive distributor, copyright owner or exclusive licensee to the bookseller, library or other institution, at the request of, and in the form requested by, the bookseller, library or other institution, and

(ii) listed

(A) in the latest edition of the Canadian Telebook Agency Microfiche and of Books in Print Plus – Canadian Edition, published by R.R. Bowker, if the edition is a English-language edition, and in the latest edition of the Banque de titres de langue française, if the edition is a French-language edition, or

(B) in the latest edition of a catalogue supplied by the exclusive distributor, copyright owner or exclusive licensee to the bookseller, library or other institution, at the request of, and in the form requested by, the bookseller, library or other institution.

(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

(a) the book is marked as a remaindered book or the original foreign publisher has given notice to the exclusive distributor, if any, that the book has been remaindered, and the book is not sold in Canada before the end of 60 days after the day on which it was first offered for sale as a remaindered book by the original foreign publisher in the country from which the book is imported;

(b) the book is marked as a damaged book by the importer or the retailer; or

(c) the book is imported solely for the purpose of re-export, and the importer is able to provide evidence, on request, that an order for re-export has been made for the book before its importation.

TEXTBOOKS

Section 8.  

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

(a) at the time of importation, the importer provides documentation such as a certificate or an invoice establishing that the textbook is a used textbook;

(b) the textbook is to be offered for sale or distribution in Canada as a used textbook; and

(c) the textbook is of a scientific, technical or scholarly nature and is for use within an educational institution or an educational body established or conducted for profit.

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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