Section 88 — Copyright Act: Right of recovery

Without prejudice to any other remedies available to it, the collecting body may, for the period specified in an approved tariff, collect the levies due to it under the tariff and, in default of their payment, recover them in a court of competent jurisdiction. The court may order a person who fails to pay any levy due under this Part to pay an amount not exceeding five times the amount of the levy to the collecting body. The collecting body must distribute the payment in the manner set out in section 84. Where any obligation imposed by this Part is not complied with, the collecting body may, in addition to any other remedy available, apply to a court of competent jurisdiction for an order directing compliance with that obligation. Before making an order under subsection (2), the court must take into account whether the person who failed to pay the levy acted in good faith or bad faith; the conduct of the parties before and during the proceedings; and the need to deter persons from failing to pay levies.