Best practices in administrative decision-making : viewing the Copyright Board of Canada in a comparative light / a report prepared for Canadian Heritage and Innovation, Science and Economic Development... : CH44-161/2016E-PDF

“This report focuses on the decision-making process used by the Copyright Board of Canada for tariff setting. Previous reports have identified delays in tariff setting as a problem to be resolved. Drawing on the decision-making processes of comparable federal administrative tribunals and recent civil justice reforms in Canada, this report makes several recommendations as to how the Copyright Board could improve its tariff-setting process so as to bring the process into line with best practices in administrative decision-making. The general principles of administrative law, which provide the overarching legal framework in which any changes will be implemented, are also laid out. This report takes as given the current role of the Copyright Board and the resource constraints under which it operates, proceeding on the basis that additional funding will not be made available to the Copyright Board in the near future. Accordingly, the goal of this report is to provide the Copyright Board with additional tools that it can use to improve the efficiency of its decision-making processes. In this regard, this report notes that tariff-setting delays might be due at least in part to the attitudes and expectations of those who participate in the process, in which case the additional tools could usefully be used to effect a culture change in Copyright Board proceedings"--Intro., p. 3.

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