D-8.1, r. 1 - Regulation respecting the acquisition of books by certain persons from accredited bookstores

Full text
chapter D-8.1, r. 1
Regulation respecting the acquisition of books by certain persons from accredited bookstores
BOOK INDUSTRY — ACQUISITION FROM ACCREDITED BOOKSTORES
Act respecting the development of Québec firms in the book industry
(chapter D-8.1, ss. 3, 15, 17, 20 and 38).
D-8.1
September 1 2012
DIVISION I
INTERPRETATION AND APPLICATION
§ 1.  — Definitions
1. For the purposes of the Act respecting the development of Québec firms in the book industry (chapter D-8.1) and the regulations made for its application,
“basic discount” means the percentage a publisher or his distributor allows to be deducted in favour of an accredited bookstore from the list price or net price of a book at the time of sale; a basic discount does not include cash discounts according to quantity or for early payment, special conditions, additional discounts or special net prices granted to an accredited bookstore for exceptional service rendered by the bookstore to the publisher;
“tabulated statement” means the factor by which an accredited bookstore must multiply the list price or net price of a book in foreign currency to determine the Canadian sales price to be paid by the institution.
R.R.Q., 1981, c. D-8.1, r. 1, s. 1.
2. In this Regulation, unless the context indicates otherwise,
“accredited bookstore” means a bookstore accredited under the Regulation respecting the accreditation of bookstores (chapter D-8.1, r. 4);
“Canadian book” means a book published in Québec or Canada under Canadian copyright for which an accredited bookstore is billed at the publisher’s or his distributor’s list price minus a discount or at the net price, minus all discounts;
“a foreign book not under exclusive distributing rights in Québec or Canada” means a book published abroad for which the accredited bookstore is billed in foreign currency at the publisher’s or his distributor’s list price minus a discount or at the net price, minus all discounts;
“a foreign book under exclusive distributing rights in Québec or Canada” means a book published abroad under foreign copyright and whose exclusive distribution in Québec and Canada was given to an exclusive distributor and for which the accredited bookstore is billed in Canadian currency at the list price minus a discount or a Canadian net price minus all discounts, in accordance with the current discounts and tabulated statements;
“institution” means a mandatary, department, body or person referred to in section 3 and the Schedule to the Act respecting the development of Québec firms in the book industry (chapter D-8.1);
“list price” means the retail price suggested by publishers or distributors used as a fixed price in making invoices for accredited bookstores and which is established in Canadian currency in accordance with current discounts and tabulated statements; the list price in foreign currency sometimes includes all taxes;
“net price” means the price a book costs an accredited bookstore; this price includes any discount that may be granted by or negotiated with a publisher or his distributor at the time of sale but excludes any transportation expenses, and is determined in Canadian currency in accordance with the current tabulated statements;
“region” means the administrative regions of Québec corresponding to the regions established by the Décret concernant la révision des limites des régions administratives du Québec (chapter D-11, r. 1), inside the boundaries of which institutions must acquire their books;
“secondhand book” means a more or less soiled, previously used publication that a merchant has repurchased from individuals or institutions.
R.R.Q., 1981, c. D-8.1, r. 1, s. 2; O.C. 1846-88, s. 1.
§ 2.  — Application
3. This Regulation does not apply to universities including the Université du Québec and its schools, colleges and branches.
R.R.Q., 1981, c. D-8.1, r. 1, s. 3.
4. This Regulation has effect whatever the mode of acquisition or sale of books, where the latter is in return for payment.
R.R.Q., 1981, c. D-8.1, r. 1, s. 4.
DIVISION II
PROCEDURES AND CONDITIONS RESPECTING THE ACQUISITION OF BOOKS
5. Subject to the following provisions, any acquisition of books on behalf of an institution must be made in the accredited bookstores in the region where the institution is located.
The books may be acquired by any means, except calls for public tenders, calls for tenders by invitation and calls for bids.
R.R.Q., 1981, c. D-8.1, r. 1, s. 5.
6. No institution may acquire books from an accredited bookstore in which the institution or one of its shareholders, directors, executive officers or representatives participates or holds, alone or with others, a direct or indirect interest.
R.R.Q., 1981, c. D-8.1, r. 1, s. 6.
7. A central organization for acquiring books grouping together libraries from several regions participating in a central purchase policy and recognized by the Minister of Culture, Communications and the Status of Women may acquire books from one of the participating regions if, during the year, the central organization for acquiring books proportionally divides its acquisitions among the regions in which the participating libraries are located.
R.R.Q., 1981, c. D-8.1, r. 1, s. 7.
8. A general and vocational college or a medical library in an establishment referred to in paragraph f of the Schedule to the Act may acquire books from an accredited bookstore in any region if the acquisitions are divided up in accordance with this Regulation.
R.R.Q., 1981, c. D-8.1, r. 1, s. 8.
8.1. Bibliothèque et Archives nationales du Québec may acquire books from an accredited bookstore in any region if the acquisitions are divided up in accordance with this Regulation.
O.C. 620-2002, s. 1.
9. English-language books may be acquired from an accredited bookstore in any region where such service is not offered by any accredited bookstore in the region where the institution is located; the latter must divide its acquisitions up in accordance with this Regulation.
R.R.Q., 1981, c. D-8.1, r. 1, s. 9.
10. Subject to sections 7, 8 and 8.1, the institution must divide the books it acquires among at least 3 accredited bookstores not belonging to the same person and located in the region of the institution.
The dividing of books acquired is based on the quality of service provided.
R.R.Q., 1981, c. D-8.1, r. 1, s. 10; O.C. 620-2002, s. 2.
11. If there are less than 3 accredited bookstores in a region, the institution in that region may acquire part of its books from an accredited bookstore in a bordering region.
R.R.Q., 1981, c. D-8.1, r. 1, s. 11.
12. The institution must report to the present Minister or the Minister to whom it is responsible during the last 3 months of each fiscal period on the subsidies received or allotted for the acquisition of books, the number of books bought, the various suppliers and the dividing of the acquisitions among suppliers.
The Minister mentioned in the first paragraph must report each year to the Minister of Culture, Communications and the Status of Women on the application and carrying out of the Act and this Regulation by the institutions under his responsibility or supervision.
The institution must, in addition, keep the documents, papers or evidence that list the acquisition of books from accredited bookstores as well as the origin and acquisition price of those books.
R.R.Q., 1981, c. D-8.1, r. 1, s. 12.
13. An institution is not obliged to comply with the first paragraph of section 5 or with section 10 if it is proven, after verification by the Minister, that the institution must acquire its books outside of the region in which it is located because the quality of service in its region is not adequate or that the accredited bookstores in its region no longer comply with this Regulation or the Regulation respecting the accreditation of bookstores (chapter D-8.1, r. 4).
R.R.Q., 1981, c. D-8.1, r. 1, s. 13.
DIVISION III
CONDITIONS, NORMS AND SCALES RESPECTING ACQUISITION PRICES
14. An institution must purchase its books from an accredited bookstore only if the latter complies at all times with the tabulated statements appearing in Schedule A and the following provisions concerning the price the institution must pay:
(1)  the sales price of a foreign book not under exclusive distributing rights in Québec or Canada must be billed using the current tabulated statement, in Canadian currency using the list price or the net price established by the publisher or his distributor;
(2)  the sales price of a foreign book under exclusive distributing rights in Canada must be billed in Canadian currency using the list price or the Canadian net price set by the exclusive distributor in accordance with the tabulated statement determined by the Regulation respecting the accreditation of Québec distributors and the method of calculating sales prices (chapter D-8.1, r. 2);
(3)  the sales price of a Canadian book must be billed by using the publisher’s list price or net price.
The price the institution must pay established under the first paragraph includes any cash discounts, quantity discounts, discounts for early payment, discounts, special discounts and special net prices.
Where, in setting the price of a book, the net price is used, an accredited bookstore must add the markup determined in Schedule B to the net price.
R.R.Q., 1981, c. D-8.1, r. 1, s. 14.
15. The price of a book, where the computation of the tabulated statements gives a fraction, is rounded off to the next higher unit if the fraction is $0.005 or over or to the next lower unit if the fraction is less than $0.005.
R.R.Q., 1981, c. D-8.1, r. 1, s. 15.
16. An institution may acquire books at lower prices than those established in section 14 at discount sales at accredited bookstores provided the prices are at least 40% below the list price and are also offered to private individuals.
An institution may also acquire secondhand books from a merchant selling similar items even if the merchant is not accredited or eligible for accreditation.
R.R.Q., 1981, c. D-8.1, r. 1, s. 16; O.C. 636-84, s. 1.
17. The cost of bindings or technical adjustments to books including the marking of catalogue numbers, supplying of index cards and pockets, the gluing on of original covers over bindings, and the supplying of dust covers upon request of an institution is not included in the price established in section 14.
R.R.Q., 1981, c. D-8.1, r. 1, s. 17.
18. An institution in the same region as the accredited bookstore where books are acquired or an institution that must acquire its books outside its own region because it has been proven after verification by the Minister, that a service of adequate quality is not available to the institution in its region, may not be billed for delivery, transportation or handling expenses.
R.R.Q., 1981, c. D-8.1, r. 1, s. 18.
19. Where an accredited bookstore supplies itself with or acquires, from a Québec or Canadian distributor other than an exclusive Québec or Canadian book distributor, books that it may acquire directly from the exclusive distributor, the institution is not obliged to pay more for those books than it would have had to pay if the accredited bookstore had received its supplies from an exclusive Québec or Canadian publisher or his distributor.
R.R.Q., 1981, c. D-8.1, r. 1, s. 19.
20. No changes may be made in section 14 by concealed benefits or discounts other than those provided for in this Regulation.
R.R.Q., 1981, c. D-8.1, r. 1, s. 20.
DIVISION IV
INFORMATION REQUIRED FROM ACCREDITED BOOKSTORES UPON BILLING
21. When a book mentioned in subparagraph 1 of the first paragraph of section 14 is acquired, an institution may require that the accredited bookstore, which is obliged to do so, include on the bill for each title or the name of a collection sold at a standard price, the following information:
(1)  the foreign list price of the book or collection upon ordering or the net price;
(2)  the markup added to the net price or tabulated statement used;
(3)  the net unit price in Canadian currency as calculated in paragraph 2;
(4)  the list price or the Canadian net price and the reduced price at discount sales referred to in section 16.
R.R.Q., 1981, c. D-8.1, r. 1, s. 21.
22. When a book mentioned in subparagraph 2 of the first paragraph of section 14 is acquired, the institution may require that the accredited bookstore, which is obliged to do so, include the following information on the bill:
(1)  the list price of the book or collection in Canadian currency or the net Canadian price established by the exclusive distributor;
(2)  the markup added to the net price;
(3)  the list price or the Canadian net price and the reduced price at discount sales prescribed in section 16.
R.R.Q., 1981, c. D-8.1, r. 1, s. 22.
23. When a book mentioned in subparagraph 3 of the first paragraph of section 14 is acquired, the institution may require that the accredited bookstore, which is obliged to do so, include the following information on the bill:
(1)  the list price or net price of the Canadian publisher;
(2)  the markup added to the net price;
(3)  the list price or net price and the reduced price at discount sales referred to in section 16.
R.R.Q., 1981, c. D-8.1, r. 1, s. 23.
24. The cost of bindings or technical adjustments requested by an institution and delivery and transportation expenses authorized pursuant to section 18 must be clearly listed at the end of the invoice.
R.R.Q., 1981, c. D-8.1, r. 1, s. 24.
DIVISION V
EXEMPTIONS
25. Institutions may acquire the following books elsewhere than from accredited bookstores, provided that in so doing the Act or this Regulation is not contravened:
(1)  books chosen by a publisher or his exclusive distributor to be distributed in Québec solely by foreign channels to bookstores similar to those in the country of origin of the books, if the inscription of these books is authorized by the Minister and the titles are listed in the register kept for such purposes at the Ministère de la Culture et des Communications for consultation by institutions and accredited bookstores;
(2)  books other than English or French-language books;
(3)  books obtained by subscription if they are also available to private individuals and are not sold at the same price as in a bookstore;
(4)  works that have been brought up-to-date;
(5)  a series if it is also available to private individuals;
(6)  the reprinting and publication of works by specialized publishing houses that do not go through bookstores to sell their books;
(7)  books or research papers published by a private organization or a learned society, that must be acquired directly from a publisher;
(8)  old and rare books that the publisher or distributor has stopped supplying to accredited bookstores, whose reprinting has not yet been announced;
(9)  bibliophiles’ editions, or books in limited and numbered editions distinguished by the quality of the binding, paper, typography or on occasion, the illustrations, the sale of which is not entrusted to a bookstore;
(10)  the official documents of a government, one of its departments, agencies or mandataries or of an international organization;
(11)  audiovisual, film or sound equipment and other equipment of the same nature.
R.R.Q., 1981, c. D-8.1, r. 1, s. 25.
NOTE: This Schedule was not able to be updated by the Service de la refonte of the Ministère de la Justice.
TABULATED STATEMENTS
The foreign currency conversion rates used in these tabulated statements are those made public by the Bank of Montréal.
TABLE 1



Value of French Tabulated statement to be used for setting the
franc (Fr.) in sale price of a book in Canadian dollars, where
Canadian dollars ($) the retail price in foreign currency in the
publisher’s trade list is used




0.1000 0.1280
0.1100 0.1408
0.1200 0.1536
0.1300 0.1664
0.1400 0.1792
0.1500 0.1920
0.1600 0.2048
0.1700 0.2176
0.1800 0.2304
0.1900 0.2432
0.2000 0.2560
0.2100 0.2688
0.2200 0.2816
0.2300 0.2944
0.2400 0.3072
0.2500 0.3200
0.2600 0.3328
0.2700 0.3456
0.2800 0.3584
0.2900 0.3712
0.3000 0.3840
0.3100 0.3968
0.3200 0.4096
0.3300 0.4224
0.3400 0.4352
0.3500 0.4480
0.3600 0.4608
0.3700 0.4736
0.3800 0.4864
0.3900 0.4992
0.4000 0.5120




TABLE 2




Value of Belgian Tabulated statement to be used for setting the
franc (BF) in sale price of a book in Canadian dollars, where
Canadian dollars ($) the retail price in foreign currency in the
publisher’s trade list is used




0.015000 0.019200
0.016000 0.020480
0.017000 0.021760
0.018000 0.023040
0.019000 0.024320
0.020000 0.025600
0.021000 0.026880
0.022000 0.028160
0.023000 0.029440
0.024000 0.030720
0.025000 0.032000
0.026000 0.033280
0.027000 0.034560
0.028000 0.035840
0.029000 0.037210
0.030000 0.038400
0.031000 0.039680
0.032000 0.040960
0.033000 0.042240
0.034000 0.043520
0.035000 0.044800
0.036000 0.046080
0.037000 0.047360
0.038000 0.048640
0.039000 0.049920
0.040000 0.051200
0.041000 0.052480
0.042000 0.053760
0.043000 0.055040
0.044000 0.056320
0.045000 0.057600
0.046000 0.058880
0.047000 0.060160
0.048000 0.061440
0.049000 0.062720
0.050000 0.064000




TABLE 3




Value of Swiss Tabulated statement to be used for setting the
franc (SwF) in sale price of a book in Canadian dollars, where
Canadian dollars ($) the retail price in foreign currency in the
publisher’s trade list is used




0.5000 0.6400
0.5100 0.6528
0.5200 0.6656
0.5300 0.6784
0.5400 0.6912
0.5500 0.7040
0.5600 0.7168
0.5700 0.7296
0.5800 0.7424
0.5900 0.7552
0.6000 0.7680
0.6100 0.7808
0.6200 0.7936
0.6300 0.8064
0.6400 0.8192
0.6500 0.8320
0.6600 0.8448
0.6700 0.8576
0.6800 0.8704
0.6900 0.8832
0.7000 0.8960
0.7100 0.9088
0.7200 0.9216
0.7300 0.9344
0.7400 0.9472
0.7500 0.9600
0.7600 0.9728
0.7700 0.9856
0.7800 0.9984
0.7900 1.0112
0.8000 1.0240
0.8100 1.0368
0.8200 1.0496
0.8300 1.0624
0.8400 1.0752
0.8500 1.0880
0.8600 1.1008
0.8700 1.1136
0.8800 1.1264
0.8900 1.1392
0.9000 1.1520
0.9100 1.1648
0.9200 1.1776
0.9300 1.1904
0.9400 1.2032
0.9500 1.2160
0.9600 1.2288
0.9700 1.2416
0.9800 1.2544
0.9900 1.2672
1.0000 1.2800
1.0100 1.2928
1.0200 1.3056
1.0300 1.3184
1.0400 1.3312
1.0500 1.3440
1.0600 1.3568
1.0700 1.3696
1.0800 1.3824
1.0900 1.3952
1.1000 1.4080
1.1100 1.4208
1.1200 1.4336
1.1300 1.4464
1.1400 1.4592
1.1500 1.4720
1.1600 1.4848
1.1700 1.4976
1.1800 1.5104
1.1900 1.5232
1.2000 1.5360
1.2100 1.5488
1.2200 1.5616
1.2300 1.5744
1.2400 1.5872
1.2500 1.6000
1.2600 1.6128
1.2700 1.6256




TABLE 4




Value of pound Tabulated statement to be used for setting the
sterling (£) in sale price of a book in Canadian dollars, where
Canadian dollars ($) the retail price in foreign currency in the
publisher’s trade list is used




1.0300 1.3184
1.0400 1.3312
1.0500 1.3440
1.0600 1.3568
1.0700 1.3696
1.0800 1.3824
1.0900 1.3952
1.1000 1.4080
1.1100 1.4208
1.1200 1.4336
1.1300 1.4464
1.1400 1.4592
1.1500 1.4720
1.1600 1.4848
1.1700 1.4976
1.1800 1.5104
1.1900 1.5232
1.2000 1.5360
1.2100 1.5488
1.2200 1.5616
1.2300 1.5744
1.2400 1.5872
1.2500 1.6000
1.2600 1.6128
1.2700 1.6256
1.2800 1.6384
1.2900 1.6512
1.3000 1.6640
1.3100 1.6768
1.3200 1.6896
1.3300 1.7024
1.3400 1.7152
1.3500 1.7280
1.3600 1.7408
1.3700 1.7536
1.3800 1.7664
1.3900 1.7792
1.4000 1.7920
1.4100 1.8048
1.4200 1.8176
1.4300 1.8304
1.4400 1.8432
1.4500 1.8560
1.4600 1.8688
1.4700 1.8816
1.4800 1.8944
1.4900 1.9072
1.5000 1.9200
1.5100 1.9328
1.5200 1.9456
1.5300 1.9584
1.5400 1.9712
1.5500 1.9840
1.5600 1.9968
1.5700 2.0096
1.5800 2.0224
1.5900 2.0352
1.6000 2.0480
1.6100 2.0608
1.6200 2.0736
1.6300 2.0864
1.6400 2.0992
1.6500 2.1120
1.6600 2.1248
1.6700 2.1376
1.6800 2.1504
1.6900 2.1632
1.7000 2.1760
1.7100 2.1888
1.7200 2.2016
1.7300 2.2144
1.7400 2.2272
1.7500 2.2400
1.7600 2.2528
1.7700 2.2656
1.7800 2.2784
1.7900 2.2912
1.8000 2.3040
1.8100 2.3168
1.8200 2.3296
1.8300 2.3424
1.8400 2.3552
1.8500 2.3680
1.8600 2.3808
1.8700 2.3936
1.8800 2.4064
1.8900 2.4192
1.9000 2.4320
1.9100 2.4448
1.9200 2.4576
1.9300 2.4704
1.9400 2.4832
1.9500 2.4960
1.9600 2.5088
1.9700 2.5216
1.9800 2.5344
1.9900 2.5472
2.0000 2.5600
2.0100 2.5728
2.0200 2.5856
2.0300 2.5984
2.0400 2.6112
2.0500 2.6240
2.0600 2.6368
2.0700 2.6496
2.0800 2.6624
2.0900 2.6752
2.1000 2.6880
2.1100 2.7008
2.1200 2.7136
2.1300 2.7264
2.1400 2.7392
2.1500 2.7520
2.1600 2.7648
2.1700 2.7776
2.1800 2.7904
2.1900 2.8032
2.2000 2.8160
2.2100 2.8288
2.2200 2.8416
2.2300 2.8544
2.2400 2.8672
2.2500 2.8800
2.2600 2.8928
2.2700 2.9056
2.2800 2.9184
2.2900 2.9312
2.3000 2.9440
2.3100 2.9568
2.3200 2.9696
2.3300 2.9824
2.3400 2.9952
2.3500 3.0080
2.3600 3.0208
2.3700 3.0336
2.3800 3.0464
2.3900 3.0592
2.4000 3.0720
2.4100 3.0848
2.4200 3.0976
2.4300 3.1104
2.4400 3.1232
2.4500 3.1360
2.4600 3.1488
2.4700 3.1616
2.4800 3.1744
2.4900 3.1872
2.5000 3.2000
2.5100 3.2128
2.5200 3.2256
2.5300 3.2384
2.5400 3.2512
2.5500 3.2640
2.5600 3.2768
2.5700 3.2896
2.5800 3.3024
2.5900 3.3152
2.6000 3.3280
2.6100 3.3408
2.6200 3.3536
2.6300 3.3664
2.6400 3.3792
2.6500 3.3920
2.6600 3.4048
2.6700 3.4176
2.6800 3.4304
2.6900 3.4432
2.7000 3.4560
2.7100 3.4688
2.7200 3.4816
2.7300 3.4944
2.7400 3.5072
2.7500 3.5200




TABLE 5




Value of American Tabulated statement to be used for setting the
dollar ($US) in sale price of a book in Canadian dollars, where
Canadian dollars ($) the retail price in foreign currency in the
publisher’s trade list is used




0.7100 0.9088
0.7200 0.9216
0.7300 0.9344
0.7400 0.9472
0.7500 0.9600
0.7600 0.9728
0.7700 0.9856
0.7800 0.9984
0.7900 1.0112
0.8000 1.0240
0.8100 1.0368
0.8200 1.0496
0.8300 1.0624
0.8400 1.0752
0.8500 1.0880
0.8600 1.1008
0.8700 1.1136
0.8800 1.1264
0.8900 1.1392
0.9000 1.1520
0.9100 1.1648
0.9200 1.1776
0.9300 1.1904
0.9400 1.2032
0.9500 1.2160
0.9600 1.2288
0.9700 1.2416
0.9800 1.2544
0.9900 1.2672
1.0000 1.2800
1.0100 1.2928
1.0200 1.3056
1.0300 1.3184
1.0400 1.3312
1.0500 1.3440
1.0600 1.3568
1.0700 1.3696
1.0800 1.3824
1.0900 1.3952
1.1000 1.4080
1.1100 1.4208
1.1200 1.4336
1.1300 1.4464
1.1400 1.4592
1.1500 1.4720
1.1600 1.4848
1.1700 1.4976
1.1800 1.5104
1.1900 1.5232
1.2000 1.5360
1.2100 1.5488
1.2200 1.5616
1.2300 1.5744
1.2400 1.5872
1.2500 1.6000
1.2600 1.6128
1.2700 1.6256
1.2800 1.6384
1.2900 1.6512
1.3000 1.6640
1.3100 1.6768
1.3200 1.6896
1.3300 1.7024
1.3400 1.7152
1.3500 1.7280
1.3600 1.7408
1.3700 1.7536
1.3800 1.7664
1.3900 1.7792
1.4000 1.7920
1.4100 1.8048
1.4200 1.8176
1.4300 1.8304
1.4400 1.8432
1.4500 1.8560
1.4600 1.8688
1.4700 1.8816
1.4800 1.8944
1.4900 1.9072
1.5000 1.9200


R.R.Q., 1981, c. D-8.1, r. 1, Sch. A; O.C. 636-84, s. 2; O.C. 2556-85, s. 1; O.C. 832-92, s. 1.
NOTE: This Schedule was not able to be updated by the Service de la refonte of the Ministère de la Justice.
MARKUPS ADDED TO NET PRICE




Markup to be added by bookstore in setting
the sales price of a book where, in setting
Book categories the retail price in Canadian dollars, a
Canadian net price is used




(1) Art, paperback, general, 66 ⅔%
children’s, religious, human sciences,
practical, any other category not
specified in category 2, except
school manuals.

(2) Dictionaries, law, encyclopedias, 43%
scholarly, medicine, scientific and
technical, except schools manuals.


R.R.Q., 1981, c. D-8.1, r. 1, Sch. B.
REFERENCES
R.R.Q., 1981, c. D-8.1, r. 1
O.C. 636-84, 1984 G.O. 2, 1321
O.C. 2556-85, 1986 G.O. 2, 7
O.C. 1846-88, 1988 G.O. 2, 4164
O.C. 832-92, 1992 G.O. 2, 2909
O.C. 620-2002, 2002 G.O. 2, 2599
S.Q. 2004, c. 25, s. 70