GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Status of the Artist Act — S-19.6 42
Filing of determination in Federal Court 42 (1) Any person or association affected by a determination of an arbitrator or arbitration board may file a copy of the determination, exclusive of the reasons therefor, in the Federal Court. Registration (2) The Federal Court shall register the copy of any determination of an arbitrator or arbitration board filed pursuant to subsection (1), and after registration the determination has the same force and effect, and all proceedings may be taken thereon, as if it were a judgment obtained in that Court.
Status of the Artist Act — S-19.6 43
Provision for settlement continues in force 43 (1) Notwithstanding anything in a scale agreement, the provision for final settlement required by subsection 36(1) remains in force after termination of the agreement and until such time as pressure tactics are permitted under section 46. Power of arbitrator where agreement terminates (2) Where a difference described in subsection 36(1) arises during the period beginning on the date of termination of the agreement and ending on the date that a period described in section 46 begins, an arbitrator or arbitration board may hear and determine the difference, and sections 36 to 42 apply.
Status of the Artist Act — S-19.6 44
Association dues to be deducted 44 At the request of an artists’ association, a scale agreement shall include a provision requiring the producer to deduct and remit to the association without delay from the remuneration of each artist subject to the scale agreement, whether or not the artist is a member of the association, the amount of the dues regularly paid by a member of the association in accordance with its by-laws.
Status of the Artist Act — S-19.6 45
Mediation 45 The Minister may, on request or of the Minister’s own motion, name a mediator to confer with parties who are unable to reach agreement and to assist them to enter into a scale agreement.
Status of the Artist Act — S-19.6 46
When pressure tactics are permitted 46 No artist, artists’ association or producer shall participate in, authorize or apply pressure tactics except during the period (a) beginning thirty days after a scale agreement binding the producer and the artists’ association expires and ending on the day that a new agreement is entered into in respect of that sector; or (b) beginning six months after the date of certification of an artists’ association and ending on the day that a scale agreement is entered into, where there is no scale agreement binding the producer and the artists’ association in respect of that sector.
Status of the Artist Act — S-19.6 47
Declaration — association’s pressure tactics unlawful 47 (1) If a producer alleges that an artists’ association has authorized or applied pressure tactics, or that artists have participated, are participating or are likely to participate in pressure tactics, as a result of which an artist was, is or would be in contravention of this Part, the producer may apply to the Board for a declaration that the pressure tactics are unlawful. Declaration and prohibition of pressure tactics (2) If an application is made under subsection (1), the Board may, after affording the artists and the artists’ association an opportunity to be heard, declare the pressure tactics to be unlawful and, if the producer so requests, make an order (a) requiring the association to cease or revoke its authorization of the pressure tactics; (b) enjoining artists from participating in those pressure tactics and requiring them, where applicable, to resume the work for which they were engaged; or (c) requiring an artists’ association or any officer or representative of an association of which any artist subject to an order made under paragraph (b) is a member, to give notice of the order to all artists in the sector who are members of the association. 1992, c. 33, s. 47; 2012, c. 19, s. 551
Status of the Artist Act — S-19.6 48
Declaration — producer’s pressure tactics unlawful 48 If an artists’ association applies to the Board alleging that a producer has authorized or applied pressure tactics in contravention of this Part, or is about to do so, the Board may, after affording the producer an opportunity to be heard, declare the pressure tactics to be unlawful and, if the association so requests, make an order (a) requiring the producer or any person acting on behalf of the producer to renounce or to discontinue those pressure tactics and to permit the artists to resume their work, where applicable; or (b) requiring the producer to communicate the contents of an order made under paragraph (a) without delay to all artists in the sector engaged by the producer at the time the order is made. 1992, c. 33, s. 48; 2012, c. 19, s. 552
Status of the Artist Act — S-19.6 49
Order’s terms and duration 49 (1) An order that is made under section 47 or 48 shall be on any terms that the Board considers necessary and sufficient to meet the circumstances of the case and, subject to subsection (2), shall have effect for the period indicated in the order. Application for supplementary order (2) If anyone affected by an order made under section 47 or 48 applies to the Board and gives notice of the application to the parties named in the order, the Board may, by supplementary order, continue or modify the order for any period that is indicated in the supplementary order, or may revoke the order. 1992, c. 33, s. 49; 2012, c. 19, s. 553
Status of the Artist Act — S-19.6 50
Prohibitions relating to producers 50 No producer or person acting on behalf of a producer shall (a) refuse to engage an artist or to honour an artist’s contract, or discriminate against an artist with respect to engagement, remuneration or any other term or condition of engagement, or intimidate, threaten or discipline an artist, because the artist (i) is or proposes to become, or seeks to induce any other person to become, a member, officer or representative of an artists’ association, or participates in the promotion, formation or administration of an artists’ association, (ii) has testified or participated in a proceeding under this Part, or may do so, (iii) has made or is about to make a disclosure that may be required in a proceeding under this Part, (iv) has made an application or filed a complaint under this Part, (v) has exercised any right under this Part or participated in pressure tactics that are not prohibited by it, or (vi) has been expelled or suspended from membership in an artists’ association for a reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the association as a condition of acquiring or retaining membership; (b) impose any condition in a contract of engagement that prevents or has the effect of preventing an artist from exercising rights under this Part; (c) terminate an artist’s contract, or impose a financial or other penalty or take disciplinary action against an artist, because the artist refuses to perform any of the duties of another artist who is participating in or is subject to pressure tactics that are not prohibited by this Part; (d) seek by intimidation, threat of termination of a contract, imposition of a financial or other penalty, or by any other means, to compel a person to refrain from becoming or to cease to be a member, officer or representative of an artists’ association, or to refrain from (i) testifying or participating in a proceeding under this Part, (ii) making a disclosure that may be required in a proceeding under this Part, or (iii) making an application or filing a complaint under this Part; (e) terminate the contract of, or impose any financial or other penalty on, an artist engaged by the producer, or take any disciplinary action because of the artist’s refusal to perform an act that is prohibited by this Part; or (f) bargain for the purpose of entering into a scale agreement, or enter into a scale agreement, with an artists’ association in respect of a sector, if the producer knows or, in the Board’s opinion, ought to know that another artists’ association is certified in respect of that sector. 1992, c. 33, s. 50; 2012, c. 19, s. 554
Status of the Artist Act — S-19.6 51
Prohibitions relating to artists’ associations 51 No certified artists’ association or person acting on behalf of such an association shall (a) bargain for the purpose of entering into a scale agreement, or enter into a scale agreement with a producer in respect of a sector, if the association or person knows or, in the Board’s opinion, ought to know that another artists’ association is certified in respect of that sector; (b) bargain for the purposes of entering into a scale agreement, or enter into a scale agreement in respect of a sector, with a producer that the association knows or, in the Board’s opinion, ought to know is represented by an association of producers that has filed its membership list under subsection 24(2); (c) require a producer to terminate the contract of an artist engaged by the producer because the artist has been expelled or suspended from membership in the association for a reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the association as a condition of acquiring or retaining membership; (d) take disciplinary action against or impose any form of penalty on an artist by applying the standards of discipline of the association to that artist in a discriminatory manner; (e) expel or suspend an artist from membership in the association, or take disciplinary action or impose any penalty against the artist, for refusal to perform an act that is contrary to this Part; (f) discriminate unfairly against an artist with respect to becoming or continuing as a member of the association or being expelled from it, if the parties have included in a scale agreement a provision that requires membership in a specified artists’ association as a condition of engagement, or that grants a preference in engagement to such members; or (g) intimidate, coerce or impose a financial or other penalty on an artist, because the artist (i) has testified or participated in a proceeding under this Part, or may do so, (ii) has made or is about to make a disclosure that may be required in a proceeding under this Part, or (iii) has made an application or filed a complaint under this Part. 1992, c. 33, s. 51; 2012, c. 19, s. 555
Status of the Artist Act — S-19.6 52
Intimidation or coercion prohibited 52 No person shall seek by intimidation or coercion to compel any person or association to become or refrain from becoming or to cease to be a member of an artists’ association or an association of producers.
Status of the Artist Act — S-19.6 53
Complaints to Board 53 (1) Any person or organization may make a complaint in writing to the Board that (a) a producer, a person acting on behalf of a producer, an artists’ association, a person acting on behalf of an artists’ association, or an artist has contravened or failed to comply with section 32, 35, 50 or 51; or (b) a person has failed to comply with section 52. Time for making complaint (2) The complaint shall be made to the Board within six months after the day on which the complainant knew or, in the Board’s opinion, ought to have known of the action or circumstances giving rise to the complaint. Inadmissible complaints (3) The Board shall hear the complaint unless the Board is of the opinion that it (a) is moot, or is frivolous, vexatious or in bad faith; or (b) is not within the Board’s jurisdiction, or could be referred by the complainant to an arbitrator or arbitration board, under a scale agreement. Board’s duty and power (4) If the Board is of the opinion that the complaint must be heard, it may appoint a member who was never seized of the matter, or an employee of the Administrative Tribunals Support Service of Canada, to assist the parties to settle it and, if the matter is not settled within a period that the Board considers reasonable in the circumstances, or if the Board decides not to appoint a person to assist the parties to settle it, the Board shall hear and determine the complaint. Burden of proof (5) A written complaint that a producer or any person acting on behalf of a producer failed to comply with section 50 is itself evidence that the failure actually occurred and, if any party to the complaint proceeding alleges that the failure did not occur, the burden of proof thereof is on that party. 1992, c. 33, s. 53; 2012, c. 19, s. 556; 2014, c. 20, s. 461
Status of the Artist Act — S-19.6 54
Board may make orders 54 (1) If the Board determines that a party to a complaint failed to comply with section 32, 35, 50, 51 or 52, the Board may order the party to comply with or to cease contravening that section and may (a) in respect of a failure to comply with paragraph 32(b), order a producer to pay the artist compensation not exceeding the amount of remuneration that would, but for that failure, have been paid to the artist, in the Board’s opinion, under the scale agreement or the artist’s contract; (b) in respect of a failure to comply with section 35, require an artists’ association to pursue the rights and remedies of any artist affected by that failure, or to assist the artist to pursue any rights and remedies that, in the Board’s opinion, it was the duty of the association to pursue; (c) in respect of a failure to comply with paragraph 50(a), (c) or (e), order a producer (i) to engage or to continue to engage, if possible, an artist who has been dealt with in a manner prohibited by that paragraph, (ii) to pay to any artist affected by that failure compensation not exceeding the amount of remuneration that would, but for that failure, have been paid to that artist, in the Board’s opinion, under the scale agreement or the contract, and (iii) to rescind any disciplinary action taken against any artist affected by that failure, and pay the artist compensation not exceeding the amount, in the Board’s opinion, of any financial or other penalty provided for in the scale agreement or the contract and imposed on the artist by the producer; (d) in respect of a failure to comply with paragraph 50(d), order a producer to rescind any action taken against any artist affected by that failure, and pay the artist compensation not exceeding the amount, in the Board’s opinion, of any financial or other penalty provided for in the scale agreement or the contract and imposed on the artist by the producer; (e) in respect of a failure to comply with paragraph 51(d), order an artists’ association to reinstate or admit the artist as a member; and (f) in respect of a failure to comply with paragraph 51(d), (e), (f) or (g), order an artists’ association to rescind any disciplinary action taken against any artist affected by that failure, and pay the artist compensation not exceeding the amount, in the Board’s opinion, of the artist’s actual loss or of any financial or other penalty. Other orders (2) In order to ensure that the purpose of this Part is achieved, the Board may, in addition to or in lieu of any other order authorized under subsection (1), order a producer or an artists’ association to do or refrain from doing anything that it is equitable to require of them, so as to counteract or remedy the contravention of or non-compliance with a provision referred to in that subsection. 1992, c. 33, s. 54; 2012, c. 19, s. 557
Status of the Artist Act — S-19.6 55
Co-production agreement 55 (1) Where a producer enters into a co-production agreement, the producer shall ensure that the agreement designates the person who will actually engage the artists for the co-production. Application of Part to co-production (2) This Part does not apply in respect of a co-production unless the person designated pursuant to subsection (1) is a producer within the meaning of this Part.
Status of the Artist Act — S-19.6 56
Regulations 56 On the Minister’s recommendation after consultation with the Minister of Canadian Heritage, the Governor in Council may make regulations prescribing anything that may be prescribed under any provision of this Part, and any other regulations that the Governor in Council considers necessary to carry out the provisions of this Part, other than regulations that may be made by the Board under section 16. 1992, c. 33, s. 56; 1995, c. 11, s. 41; 2012, c. 19, s. 558(E)
Status of the Artist Act — S-19.6 57
Offence and penalty 57 (1) Subject to subsections (2) and (3), every person who contravenes or fails to comply with any provision of this Part other than sections 32, 50 and 51 is guilty of an offence and liable to a fine not exceeding five thousand dollars. Idem (2) Every artist, artists’ association or producer that contravenes section 46 is guilty of an offence and liable to a fine (a) not exceeding two thousand dollars, in the case of an artist; (b) not exceeding fifty thousand dollars, in the case of an officer, employee, director, agent or advisor of a certified artists’ association or director, agent or advisor of a producer; or (c) not exceeding one hundred thousand dollars, in the case of a producer or a certified artists’ association. Further offences (3) Every person who (a) being required to attend to give evidence pursuant to paragraph 17(a), fails to attend accordingly, (b) being compelled to produce, pursuant to paragraph 17(a), any document or thing in the person’s possession or under the person’s control, fails to produce the document or thing, (c) refuses to be sworn or to affirm, as the case may be, after being required to be sworn or affirmed pursuant to paragraph 17(a), or (d) refuses to answer any proper question put to them under paragraph 17(a) by the Board or one of its members or by an arbitrator or an arbitration board is guilty of an offence and liable to a fine not exceeding four hundred dollars. 1992, c. 33, s. 57; 2012, c. 19, s. 559
Status of the Artist Act — S-19.6 58
Prosecutions 58 (1) A prosecution for an offence under this Part may be brought against and in the name of an association of producers or an artists’ association. Idem (2) For the purpose of a prosecution under subsection (1), (a) an artists’ association or an association of producers is deemed to be a person; and (b) any act or thing done or omitted to be done by an officer or agent of an artists’ association or an association of producers within the scope of the officer or agent’s authority is deemed to be an act or thing done or omitted to be done by the association. Imprisonment precluded (3) Where a person is convicted of an offence under this Part, no imprisonment may be imposed as punishment for default of payment of any fine imposed as punishment.
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Board’s consent before prosecution 59 No prosecution may be instituted in respect of an offence under this Part without the consent in writing of the Board. 1992, c. 33, s. 59; 2012, c. 19, s. 560
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Documents as evidence 60 (1) Any document purporting to contain or to be a copy of a determination of the Board and to be signed by one of its members is admissible in evidence in any court without proof of the signature or official character of the member or any further proof. Certificate of Minister is evidence (2) A certificate, purporting to be signed by the Minister or an official of the Federal Mediation and Conciliation Service, stating that any document referred to in this Part was or was not received or given by the Minister pursuant to this Part and, if received or given, stating the date that it was received or given, is admissible in evidence in any court without proof of the signature or official character of the Minister or official, or any further proof. 1992, c. 33, s. 60; 1996, c. 11, s. 88(E); 1998, c. 26, s. 84; 2012, c. 19, s. 561
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Defect in form or irregularity 62 No proceeding under this Part is invalid by reason only of a defect in form or a technical irregularity.
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Remuneration and expenses 63 Every person not employed in the federal public administration who, at the request of the Minister, performs functions under this Part in any capacity, other than as an arbitrator or arbitration board chairperson, shall be paid the remuneration and expenses prescribed by regulation. 1992, c. 33, s. 63; 2003, c. 22, s. 224(E)
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Witness fees and expenses 64 A person who is summoned by the Board and attends as a witness in any proceeding taken under this Part is entitled to be paid the allowance for expenses and the witness fees that are in force with respect to witnesses in civil suits in the superior court of the province in which the proceeding is taken. 1992, c. 33, s. 64; 2012, c. 19, s. 563
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Persons not required to give evidence 65 (1) No member of the Board or person appointed by the Board or the Minister under this Part is required to give evidence in any civil action, suit or other proceeding, respecting information obtained in the discharge of their duties under this Part. Chief Administrator and employees not required to give evidence (2) Neither the Chief Administrator nor an employee of the Administrative Tribunals Support Service of Canada shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties in providing services to the Board. 1992, c. 33, s. 65; 2012, c. 19, s. 563; 2014, c. 20, s. 462
Status of the Artist Act — S-19.6 Coming into force
Coming into force * 71 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Section 1 and Part I in force May 14, 1993, see SI/93-75; sections 10 to 13, 15 and 16 in force June 11, 1993, see SI/93-92; sections 5 to 9, 14 and 17 to 70 in force May 9, 1995, see SI/95-61.]
Status of the Artist Act — S-19.6 564
Definitions 564 The following definitions apply in sections 565 to 570 . Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code . ( Conseil ) Tribunal means the Canadian Artists and Producers Professional Relations Tribunal established by subsection 10(1) of the Status of the Artist Act , as that Act read immediately before the coming into force of this section. ( Tribunal )
Status of the Artist Act — S-19.6
Tribunal means the Canadian Artists and Producers Professional Relations Tribunal established by subsection 10(1) of the Status of the Artist Act , as that Act read immediately before the coming into force of this section. ( Tribunal )
Status of the Artist Act — S-19.6 565
Appointments terminated 565 (1) Members of the Tribunal cease to hold office on the coming into force of this subsection. No compensation (2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the Tribunal has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.
Status of the Artist Act — S-19.6 566
Continuation of proceedings 566 Every proceeding commenced under the Status of the Artist Act before the coming into force of this section is to be taken up and continued under and in conformity with that Act, as it is amended by this Act.
Status of the Artist Act — S-19.6 567
Review of Tribunal’s determination or order 567 The Board may uphold, rescind or amend any determination or order made by the Tribunal.
Status of the Artist Act — S-19.6 568
Powers and duties 568 (1) Any power or duty that is vested in or is exercisable by the Tribunal under a contract, lease, licence, deed, agreement or other document is vested in or is exercisable by the Board. References (2) Every reference to the Tribunal in any contract, lease, licence, deed, agreement or other document executed by the Tribunal in its own name shall, unless the context otherwise requires, be read as a reference to the Board.