Fair dealing thresholds appear to be derived either directly from the Canadian Copyright Licensing Agency's licenses or indirectly through the tariffs of the Copyright Board of Canada which appear to be derived from the Canadian Copyright Licensing Agency's license. Note the similarity in the amount of copying permitted in the license in Exhibit 1 and the tariff in Exhibit 2. Then note their similarity to the definitions of a short excerpt in Exhibit 3.
Exhibit 1
5.1 Permitted Copying: This Agreement authorizes Copying of either ten percent (10%) of a Published Work, or any of the following parts of a Published Work, whichever is greater:
(a) an entire single short story, play, essay, article or poem from a book or periodical issue (including a set of conference proceedings) containing other works;
(b) an entire newspaper article or page;
(c) an entire entry from an encyclopaedia, dictionary, annotated bibliography or similar reference work;
(d) an entire reproduction of an artistic work (including drawings, paintings, prints, photographs and works of sculpture, architecture or artistic craftsmanship) from a book or periodical issue containing other works; and
(e) an entire chapter which is twenty percent (20%) or less of a book.
Canadian Copyright Licensing Agency. (1999, September 1). Licensing agreement between Canadian Copyright Licensing Agency and Her Majesty the Queen. https://www.cmec.ca/Publications/Lists/Publications/Attachments/13/licence.en.pdf
Exhibit 2
(3) Subject to section 4, school boards, educational institutions, ministries and persons acting under their authority may
(a) copy up to 10 per cent of a published work, provided that such limit may be exceeded in respect of
(i) an entire newspaper article or page,
(ii) a single short story, play, essay or article,
(iii) an entire single poem,
(iv) an entire entry from an encyclopaedia, annotated bibli-ography, dictionary or similar reference work,
(v) an entire reproduction of an artistic work (including drawings, paintings, prints, photographs and reproductions of works of sculpture, architectural works of art and works of artistic craftsmanship), and
(vi) one chapter, provided it is no more than 20 per cent of a book,
Copyright Board of Canada. (2009, June 27). Statement of royalties to be collected by Access Copyright for the reprographic reproduction, in Canada, of works in its repertoire: Educational institutions (2005-2009). https://cb-cda.gc.ca/tariffs-tarifs/certified-homologues/2009/20090626-b.pdf
[189] The Board's practice with tariffs of first impression is to circulate a draft for discussion. This time, we asked the parties to discuss wording issues on their own. They agreed on the essence of a text that is largely based on the pan-Canadian licence and reads more like a contract than a tariff. Normally, we would have rewritten the document with a view to reflect the difference between these two types of legal instruments. Instead, we decided to start with what the parties submitted, for a number of reasons. Their relationship is a long standing one. The parties share an understanding of what the text means. Overhauling its structure and wording would have required extensive explanations and consultations, resulting in even more delay in certifying a tariff that is due to expire at the end of this year (emphasis added).
Copyright Board of Canada. (2009, June 26). Statement of royalties to be collected by Access Copyright for the reprographic reproduction, in Canada, of works in its repertoire (educational institutions — 2005-2009): Decision of the Board. https://cb-cda.gc.ca/decisions/2009/Access-Copyright-2005-2009-Schools.pdf
Exhibit 3
4. A short excerpt means:
- up to 10 per cent of a copyright-protected work (including a literary work, musical score, sound recording, and an audiovisual work);
- one chapter from a book;
- a single article from a periodical;
- an entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works;
- an entire newspaper article or page;
- an entire single poem or musical score from a copyright-protected work containing other poems or musical scores;
- an entire entry from an encyclopedia, annotated bibliography, dictionary, or similar reference work.
Fair Dealing Guidelines. Council of Ministers of Education, Canada