In 2026 FCA 122, the Federal Court of Appeal dismissed SOCAN's judicial review of a preliminary Copyright Board ruling as premature. The court did not decide the music tariff rates and preserved the possibility of a later challenge when the Board completes its proceeding.
The proposed music tariffs concern online audiovisual and user-generated content services from 2014 to 2026. SOCAN challenged conclusions from the Board's preliminary Phase I, but the Court emphasized that the Board could reconsider them in Phase II. The Federal Court of Appeal found no exceptional circumstances warranting immediate judicial intervention. The decision was unanimous and costs of $5,000 were awarded to three responding parties.
The full original reasons were independently reviewed. Federal Court of Appeal judgment.