Delegation of the Powers, Duties and Functions of the Minister of Public Safety and Emergency Preparedness under the Copyright Act

44.02(1)

Authority to specify the form and manner of a request for assistance in pursuing remedies under this Act with respect to copies imported or exported in contravention of section 44.01.

National Headquarters

Programs Branch

• Director, Program and Policy Management Division, Commercial Programs Directorate

44.02(2)

Authority to require, in relation to the request for assistance, any other information, including information about the work or other subject-matter in question.

National Headquarters

Operations Branch

• Director, Commercial and Trade Operations Division, Border Operations Directorate
• Manager, Commercial Registration Unit, Border Operations Directorate
• Manager, Commercial Registration Unit, Border Operations Directorate
• Senior Program Advisor, Commercial Registration Unit, Border Operations Directorate
• Senior Program Officer, Commercial Registration Unit, Border Operations Directorate

44.02(3)

Authority to:

• Accept the request for assistance
• Extend the validity period of a request for assistance for two years, and do so more than once

National Headquarters

Operations Branch

• Director, Commercial and Trade Operations Division, Border Operations Directorate
• Manager, Commercial Registration Unit, Border Operations Directorate
• Senior Program Advisor, Commercial Registration Unit, Border Operations Directorate
• Senior Program Officer, Commercial Registration Unit, Border Operations Directorate

44.02(4)

Authority to require that the copyright owner furnish security for the payment of an amount for which the copyright owner becomes liable under section 44.07.

Authority to fix the amount and form of the security.

Regions

• Chief
• Superintendent
• Border Services Officer

44.04(3)

Authority to specify the manner in which the owner of copyright must provide a copy of a document filed with a court commencing proceedings to obtain a remedy under this Act with respect to the detained copies for the purpose of enforcing section 44.01.

National Headquarters

Programs Branch

• Director, Program and Policy Management Division, Commercial Programs Directorate

44.09(1)

Authority to apply to the court, in the course of proceedings referred to in subsection 44.04(3), to:

• impose conditions on the storage or detention of the goods that are the subject of the proceedings; or
• direct that the copies are no longer to be detained for the purpose of the proceedings, on any conditions that the court may impose, if their owner, importer, exporter or consignee furnishes security in an amount fixed by the court

Regions

• Director, Trade Operations Division
• Manager, Risk Management Unit
• Senior Officer, Trade Compliance

44.09(2)

Authority to consent to the storage of the copies in a place other than a bonded warehouse or a sufferance warehouse before a condition to that effect is imposed under subsection 44.09(1).

Regions

• Chief
• Superintendent
• Border Services Officer

44.09(5)

Authority to apply to the court, in the course of proceedings referred to in subsection 44.04(3), to require the owner of copyright to furnish security, in an amount fixed by the court,

• to cover duties, storage and handling charges, and any other amount that may become chargeable against the copies
• to answer any damages that may, because of the detention of the copies, be sustained by the owner, importer, exporter or consignee of the copies

Regions

• Director, Trade Operations Unit
• Manager, Risk Management Unit
• Senior Officer, Trade Compliance

44.12(3)

Authority to take reasonable measures to detain copies of work, to notify the applicant and the importer of the detention and reasons for the detention and to provide for any other matters that the court considers appropriate.

Regions

• Director, Trade Operations Division
• Chief
• Manager, Risk Management Unit
• Superintendent
• Senior Officer, Trade Compliance
• Border Services Officer

44.12(6)

Authority to apply to the court for directions in implementing an order made under subsection 44.12(1).

Regions

• Director, Trade Operations Division
• Manager, Risk Management Unit
• Senior Officer, Trade Compliance

44.12(7)

Authority to give an opportunity to inspect the detained copies of the work for the purpose of substantiating or refuting, as the case may be, the applicant’s claim.

Regions

• Director, Trade Operations Division
• Chief
• Manager, Risk Management Unit
• Superintendent
• Senior Officer, Trade Compliance
• Border Services Officer

44.12(8)

Duty to release the copies of the work without further notice to the applicant if, within 10 working days after the applicant has been notified, the applicant has not notified the Minister that they have commenced a proceeding for a final determination by the court of the issues referred to in paragraphs 44.12(1)(b) and (c).

Regions

• Chief
• Superintendent
• Border Services Officer