GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
State Immunity Act — S-18 12
Execution 12 (1) Subject to subsections (2) and (3), property of a foreign state that is located in Canada is immune from attachment and execution and, in the case of an action in rem , from arrest, detention, seizure and forfeiture except where (a) the state has, either explicitly or by implication, waived its immunity from attachment, execution, arrest, detention, seizure or forfeiture, unless the foreign state has withdrawn the waiver of immunity in accordance with any term thereof that permits such withdrawal; (b) the property is used or is intended to be used for a commercial activity or, if the foreign state is set out on the list referred to in subsection 6.1(2), is used or is intended to be used by it to support terrorism or engage in terrorist activity; (c) the execution relates to a judgment establishing rights in property that has been acquired by succession or gift or in immovable property located in Canada, or (d) the foreign state is set out on the list referred to in subsection 6.1(2) and the attachment or execution relates to a judgment rendered in an action brought against it for its support of terrorism or its terrorist activity and to property other than property that has cultural or historical value. Property of an agency of a foreign state is not immune (2) Subject to subsection (3), property of an agency of a foreign state is not immune from attachment and execution and, in the case of an action in rem , from arrest, detention, seizure and forfeiture, for the purpose of satisfying a judgment of a court in any proceedings in respect of which the agency is not immune from the jurisdiction of the court by reason of any provision of this Act. Military property (3) Property of a foreign state (a) that is used or is intended to be used in connection with a military activity, and (b) that is military in nature or is under the control of a military authority or defence agency is immune from attachment and execution and, in the case of an action in rem , from arrest, detention, seizure and forfeiture. Property of a foreign central bank immune (4) Subject to subsection (5), property of a foreign central bank or monetary authority that is held for its own account and is not used or intended for a commercial activity is immune from attachment and execution. Waiver of immunity (5) The immunity conferred on property of a foreign central bank or monetary authority by subsection (4) does not apply where the bank, authority or its parent foreign government has explicitly waived the immunity, unless the bank, authority or government has withdrawn the waiver of immunity in accordance with any term thereof that permits such withdrawal. R.S., 1985, c. S-18, s. 12; 2012, c. 1, s. 7
State Immunity Act — S-18 12.1
Assistance for judgment creditors 12.1 (1) At the request of any party in whose favour a judgment is rendered against a foreign state in proceedings referred to in section 6.1, the Minister of Finance or the Minister of Foreign Affairs may, within the confines of his or her mandate, assist, to the extent that is reasonably practical, any judgment creditor in identifying and locating the following property, unless the Minister of Foreign Affairs believes that to do so would be injurious to Canada’s international relations or either Minister believes that to do so would be injurious to Canada’s other interests: (a) in the case of the Minister of Finance, the financial assets of the foreign state that are held within Canadian jurisdiction; and (b) in the case of the Minister of Foreign Affairs, the property of the foreign state that is situated in Canada. Disclosure of information (2) In exercising the power referred to in subsection (1), the Minister of Finance or the Minister of Foreign Affairs, as the case may be, may not disclose (a) information that was produced in or for a government institution, without the authorization of the government institution; and (b) information produced in circumstances other than those referred to in paragraph (a), without the authorization of the government institution that first received the information. Definition of government institution (3) In subsection (2), government institution means any department, branch, office, board, agency, commission, corporation or other body for the administration or affairs of which a minister is accountable to Parliament. 2012, c. 1, s. 8
State Immunity Act — S-18 13
No fine for failure to produce 13 (1) No penalty or fine may be imposed by a court against a foreign state for any failure or refusal by the state to produce any document or other information in the course of proceedings before the court. Exception (2) Subsection (1) does not apply either to an agency of a foreign state or to a foreign state that is set out on the list referred to in subsection 6.1(2) in respect of an action brought against that foreign state for its support of terrorism or its terrorist activity. R.S., 1985, c. S-18, s. 13; 2012, c. 1, s. 9
State Immunity Act — S-18 14
Certificate is conclusive evidence 14 (1) A certificate issued by the Minister of Foreign Affairs, or on his behalf by a person authorized by him, with respect to any of the following questions, namely, (a) whether a country is a foreign state for the purposes of this Act, (b) whether a particular area or territory of a foreign state is a political subdivision of that state, or (c) whether a person or persons are to be regarded as the head or government of a foreign state or of a political subdivision of the foreign state, is admissible in evidence as conclusive proof of any matter stated in the certificate with respect to that question, without proof of the signature of the Minister of Foreign Affairs or other person or of that other person’s authorization by the Minister of Foreign Affairs. Idem (2) A certificate issued by the Deputy Minister of Foreign Affairs, or on his behalf by a person designated by him pursuant to subsection 9(2), with respect to service of an originating or other document on a foreign state in accordance with that subsection is admissible in evidence as conclusive proof of any matter stated in the certificate with respect to that service, without proof of the signature of the Deputy Minister of Foreign Affairs or other person or of that other person’s authorization by the Deputy Minister of Foreign Affairs. R.S., 1985, c. S-18, s. 14; 1995, c. 5, ss. 25, 27
State Immunity Act — S-18 15
Governor in Council may restrict immunity by order 15 The Governor in Council may, on the recommendation of the Minister of Foreign Affairs, by order restrict any immunity or privileges under this Act in relation to a foreign state where, in the opinion of the Governor in Council, the immunity or privileges exceed those accorded by the law of that state. R.S., 1985, c. S-18, s. 15; 1995, c. 5, s. 25
State Immunity Act — S-18 16
Inconsistency 16 If, in any proceeding or other matter to which a provision of this Act and a provision of the Extradition Act , the Visiting Forces Act or the Foreign Missions and International Organizations Act apply, there is a conflict between those provisions, the provision of this Act does not apply in the proceeding or other matter to the extent of the conflict. R.S., 1985, c. S-18, s. 16; 1991, c. 41, s. 13; 2000, c. 24, s. 70
State Immunity Act — S-18 17
Rules of court not affected 17 Except to the extent required to give effect to this Act, nothing in this Act shall be construed or applied so as to negate or affect any rules of a court, including rules of a court relating to service of a document out of the jurisdiction of the court. 1980-81-82-83, c. 95, s. 16
State Immunity Act — S-18 18
Application 18 This Act does not apply to criminal proceedings or proceedings in the nature of criminal proceedings. 1980-81-82-83, c. 95, s. 17
Status of the Artist Act — S-19.6
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Status of the Artist Act — S-19.6 1
Short title 1 This Act may be cited as the Status of the Artist Act .
Status of the Artist Act — S-19.6 2
Proclamation 2 The Government of Canada hereby recognizes (a) the importance of the contribution of artists to the cultural, social, economic and political enrichment of Canada; (b) the importance to Canadian society of conferring on artists a status that reflects their primary role in developing and enhancing Canada’s artistic and cultural life, and in sustaining Canada’s quality of life; (c) the role of the artist, in particular to express the diverse nature of the Canadian way of life and the individual and collective aspirations of Canadians; (d) that artistic creativity is the engine for the growth and prosperity of dynamic cultural industries in Canada; and (e) the importance to artists that they be compensated for the use of their works, including the public lending of them.
Status of the Artist Act — S-19.6 3
Policy statement 3 Canada’s policy on the professional status of the artist, as implemented by the Minister of Canadian Heritage, is based on the following rights: (a) the right of artists and producers to freedom of association and expression; (b) the right of associations representing artists to be recognized in law and to promote the professional and socio-economic interests of their members; and (c) the right of artists to have access to advisory forums in which they may express their views on their status and on any other questions concerning them. 1992, c. 33, s. 3; 1999, c. 31, s. 192
Status of the Artist Act — S-19.6 5
Definitions 5 In this Part, artist means an independent contractor described in paragraph 6(2)(b); ( artiste ) artists’ association means any organization, or a branch or local thereof, that has among its objectives the management or promotion of the professional and socio-economic interests of artists who are members of the organization, and includes a federation of artists’ associations; ( association d’artistes ) Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code . ( Conseil ) Minister means the Minister of Labour; ( ministre ) party means (a) in respect of the entering into, renewal or revision of a scale agreement or in respect of a difference in relation to the interpretation, application, administration or alleged breach thereof, the producer or the artists’ association, and (b) in respect of a complaint made to the Board, the complainant or the person or organization that is the object of the complaint; ( partie ) pressure tactic includes (a) a cessation of work or a refusal to work or to continue to work by artists or artists’ associations in combination, in concert or in accordance with a common understanding, and a slowdown of work or other concerted activity by artists or artists’ associations respecting the provision of their services, done to compel a producer to agree to terms or conditions of engagement, or (b) the closing of a place of work, a suspension of production or a refusal to continue the engagement of one or more artists by a producer, done to compel artists, or to assist another producer to compel artists, to agree to terms or conditions of engagement; ( moyen de pression ) producer means a government institution or broadcasting undertaking described in paragraph 6(2)(a), and includes an association of producers; ( producteur ) scale agreement means an agreement in writing between a producer and an artists’ association respecting minimum terms and conditions for the provision of artists’ services and other related matters; ( accord-cadre ) Tribunal [Repealed, 2012, c. 19, s. 532] 1992, c. 33, s. 5; 2012, c. 19, s. 532
Status of the Artist Act — S-19.6
artist means an independent contractor described in paragraph 6(2)(b); ( artiste )
Status of the Artist Act — S-19.6
artists’ association means any organization, or a branch or local thereof, that has among its objectives the management or promotion of the professional and socio-economic interests of artists who are members of the organization, and includes a federation of artists’ associations; ( association d’artistes )
Status of the Artist Act — S-19.6
Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code . ( Conseil )
Status of the Artist Act — S-19.6
Minister means the Minister of Labour; ( ministre )
Status of the Artist Act — S-19.6 (a)
party means (a) in respect of the entering into, renewal or revision of a scale agreement or in respect of a difference in relation to the interpretation, application, administration or alleged breach thereof, the producer or the artists’ association, and (b) in respect of a complaint made to the Board, the complainant or the person or organization that is the object of the complaint; ( partie )
Status of the Artist Act — S-19.6 (a)
pressure tactic includes (a) a cessation of work or a refusal to work or to continue to work by artists or artists’ associations in combination, in concert or in accordance with a common understanding, and a slowdown of work or other concerted activity by artists or artists’ associations respecting the provision of their services, done to compel a producer to agree to terms or conditions of engagement, or (b) the closing of a place of work, a suspension of production or a refusal to continue the engagement of one or more artists by a producer, done to compel artists, or to assist another producer to compel artists, to agree to terms or conditions of engagement; ( moyen de pression )
Status of the Artist Act — S-19.6
producer means a government institution or broadcasting undertaking described in paragraph 6(2)(a), and includes an association of producers; ( producteur )
Status of the Artist Act — S-19.6
scale agreement means an agreement in writing between a producer and an artists’ association respecting minimum terms and conditions for the provision of artists’ services and other related matters; ( accord-cadre )
Status of the Artist Act — S-19.6
Tribunal [Repealed, 2012, c. 19, s. 532]
Status of the Artist Act — S-19.6 6
Binding on Her Majesty 6 (1) This Part is binding on Her Majesty in right of Canada. Application (2) This Part applies (a) to the following organizations that engage one or more artists to provide an artistic production, namely, (i) government institutions listed in Schedule I to the Access to Information Act or the schedule to the Privacy Act , or prescribed by regulation, and (ii) broadcasting undertakings, regulated under the Broadcasting Act , that are federal works, undertakings or businesses , as defined in section 2 of the Canada Labour Code , or that are corporations established to perform any function or duty on behalf of the Government of Canada; (b) to independent contractors determined to be professionals according to the criteria set out in paragraph 18(b), and who (i) are authors of artistic, dramatic, literary or musical works within the meaning of the Copyright Act , or directors responsible for the overall direction of audiovisual works, (ii) perform, sing, recite, direct or act, in any manner, in a musical, literary or dramatic work, or in a circus, variety, mime or puppet show, or (iii) contribute to the creation of any production in the performing arts, music, dance and variety entertainment, film, radio and television, video, sound-recording, dubbing or the recording of commercials, arts and crafts, or visual arts, and fall within a professional category prescribed by regulation. 1992, c. 33, s. 6 2023, c. 8, s. 31
Status of the Artist Act — S-19.6 7
Purpose 7 The purpose of this Part is to establish a framework to govern professional relations between artists and producers that guarantees their freedom of association, recognizes the importance of their respective contributions to the cultural life of Canada and ensures the protection of their rights.
Status of the Artist Act — S-19.6 8
Freedom 8 An artist is free to join an artists’ association and to participate in its formation, activities and administration.
Status of the Artist Act — S-19.6 9
Artist contracting through an organization 9 (1) An artist is not excluded from the application of this Part simply by contracting through an organization. Presumption for purposes of Competition Act (2) For the purposes of subsection 4(1) of the Competition Act , (a) artists’ associations certified under this Part that were formed for the purpose of providing appropriate protection for the professional interests of the artists they represent are deemed to be combinations of employees, in relation to those activities of the association that are directed to achieving that purpose; and (b) contracts, agreements or arrangements between or among two or more producers, whether made directly between or among them or through a corporation or an association of producers, pertaining to bargaining in respect of remuneration and the terms and conditions of engagement of artists, are deemed to be contracts, agreements or arrangements. Employees excluded (3) This Part does not apply, in respect of work undertaken in the course of employment, to (a) employees, within the meaning of the Federal Public Sector Labour Relations Act , including those determined to be employees by the Federal Public Sector Labour Relations and Employment Board, and members of a bargaining unit that is certified by that Board; or (b) employees, within the meaning of Part I of the Canada Labour Code , including those determined to be employees by the Board, and members of a bargaining unit that is certified by the Board. 1992, c. 33, s. 9; 1998, c. 26, s. 83; 2003, c. 22, s. 220(E); 2012, c. 19, s. 533; 2013, c. 40, s. 466; 2017, c. 9, s. 47
Status of the Artist Act — S-19.6 16
Regulations 16 The Board may make any regulations that it considers conducive to the performance of its duties under this Part, and in particular regulations providing for (a) the practice and procedure before the Board, including the assessment and awarding of costs; (b) the certification of artists’ associations; (c) the conduct of representation votes; (d) the period for submission by an artists’ association of a new application for certification, if the Board previously refused to certify the association in respect of the same or substantially the same sector; (e) the period for submission of an application for revocation of the certification of an artists’ association, if the Board previously refused an application for revocation in respect of the same sector; (f) the forms to be used in any proceeding that may come before the Board; (g) the periods in which and the circumstances under which the Board may exercise its powers under section 20; (h) the period and form in which evidence and information may be presented to the Board in connection with any proceeding before it; (i) the period for sending notices and other documents, the persons and associations to which they shall be sent, and the circumstances in which they are deemed to have been sent or received; (j) the criteria for deciding whether an artist is represented by an artists’ association; (k) the circumstances in which the Board may receive evidence in order to establish whether any artists wish to be represented by a particular artists’ association, and the circumstances in which that evidence may not be made public; and (l) the delegation to any person of the Board’s powers and duties, other than the power to delegate or to make regulations, and that person’s obligations with respect to those powers and duties. 1992, c. 33, s. 16; 2012, c. 19, s. 535
Status of the Artist Act — S-19.6 17
Board’s powers 17 The Board may, in relation to any proceeding before it under this Part, (a) on application or of its own motion, summon and enforce the attendance of any person whose testimony is necessary, in the Board’s opinion, and compel the person to give oral or written evidence on oath and to produce any documents or things that the Board considers necessary for the full investigation and consideration of any matter within its jurisdiction; (b) administer oaths and solemn affirmations; (c) accept any evidence and information that it sees fit, on oath, by affidavit or otherwise, whether or not the evidence is admissible in a court of law; (d) examine any evidence that is submitted to the Board respecting the membership of any artist in an artists’ association that is seeking certification; (e) examine documents pertaining to the constitution, articles of association or by-laws of an artists’ association; (f) make any examination of records and any inquiries that it considers necessary; (g) require a producer or an artists’ association to post in appropriate places and keep posted a notice concerning any matter relating to the proceeding that the Board considers necessary to bring to the attention of artists; (h) order, at any time before the conclusion of the proceeding, that (i) a representation vote or an additional representation vote be taken among artists affected by the proceeding, whether or not a representation vote is provided for elsewhere in this Part, if the Board considers that the vote would assist it to decide any question that has arisen or is likely to arise in the proceeding, and (ii) the ballots cast in that representation vote be sealed in ballot boxes and counted only as directed by the Board; (i) authorize any person to do anything that the Board may do under paragraphs (a) to (h), and to report to the Board on it; (j) adjourn or postpone the proceeding; (k) abridge or extend the time for instituting the proceeding or for doing any act, filing any document or presenting any evidence; (l) amend or permit the amendment of any document filed; (m) add any person to the proceeding at any stage thereof; (n) set requirements for public notice in respect of any application made under this Part; (o) award costs; and (p) decide any question that arises in the proceeding, including whether (i) a person is a producer or an artist, (ii) an artist is a member of, or is represented by, an artists’ association, (iii) an organization constitutes an association of producers, an artists’ association, or a federation of artists’ associations, (iv) a group of artists constitutes a sector suitable for bargaining, (v) a scale agreement has been entered into or is in force, and the dates that it comes into force and expires, and (vi) any person or organization is a party to or is bound by a scale agreement. 1992, c. 33, s. 17; 2012, c. 19, s. 536
Status of the Artist Act — S-19.6 18
Criteria for application by Board 18 The Board shall take into account (a) in deciding any question under this Part, the applicable principles of labour law; and (b) in determining whether an independent contractor is a professional for the purposes of paragraph 6(2)(b), whether the independent contractor (i) is paid for the display or presentation of that independent contractor’s work before an audience, and is recognized to be an artist by other artists, (ii) is in the process of becoming an artist according to the practice of the artistic community, or (iii) is a member of an artists’ association. 1992, c. 33, s. 18; 2012, c. 19, s. 537