GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Status of the Artist Act — S-19.6 19
Informal proceedings 19 (1) In any proceeding before it under this Part, the Board (a) shall proceed as informally and expeditiously as the circumstances and considerations of fairness permit; (b) is not bound by legal or technical rules of evidence; and (c) may receive and decide on any evidence adduced that the Board believes to be credible. Consultation (2) In order to ensure that the purpose of this Part is achieved, the members of the Board may, in respect of any matter before it, consult with other members or with employees of the Administrative Tribunals Support Service of Canada. Right to appear (3) Any interested person may intervene in a proceeding before the Board with its permission, and anyone appearing before the Board may be represented by counsel or an agent or mandatary. Notice of facts (4) The Board may take notice of facts that may be judicially noticed and, subject to subsection (5), of any other generally recognized facts and any information that is within its specialized knowledge. Notification of intention (5) The Board shall notify the parties and any intervenor in the proceeding before it of its intention to take notice of any facts or information, other than facts that may be judicially noticed, and afford them an opportunity to make representations in that regard. Report on evidence (6) The Chairperson of the Board may direct any member to receive evidence relating to a matter before the Board, to make a report on it to the Board, and to provide a copy of the report to all parties and any intervenor in the proceeding. Conclusions (7) After granting all parties and intervenors an opportunity to make representations on any report made under subsection (6), the Board may make a determination on the basis of the report or hold any further hearings that it considers necessary in the circumstances. 1992, c. 33, s. 19; 2012, c. 19, s. 538; 2014, c. 20, s. 460
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Review of determination or order 20 (1) The Board may uphold, rescind or amend any determination or order made by it under this Part, and may rehear any application before making a decision. Interim decision (2) When it is necessary to decide one or more issues in order to dispose finally of an application or complaint the Board may, if it is satisfied that it can do so without prejudice to the rights of any party or intervenor in the proceeding, decide or make an order respecting one or more of those issues, and reserve its jurisdiction to decide the remaining issues. 1992, c. 33, s. 20; 2012, c. 19, s. 538
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Determination or order — no review by court 21 (1) Subject to this Part, every determination or order of the Board is final and shall not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act. No review by certiorari , etc. (2) Except as permitted by subsection (1), no determination, order or proceeding made or carried on, or purporting to be made or carried on, by the Board under this Part shall be questioned, reviewed, prohibited or restrained on any ground, including the ground that the Board did not have jurisdiction or exceeded or lost its jurisdiction, or be made the subject of any proceeding in or any process of any court on any such ground, whether by way of injunction, certiorari , prohibition, quo warranto , revision, evocation or otherwise. 1992, c. 33, s. 21; 2002, c. 8, s. 182; 2012, c. 19, s. 538
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Filing in Federal Court 22 (1) On application in writing by any party or of its own motion, the Board shall file a copy of a determination or order, exclusive of the reasons for it, in the Federal Court unless, in the Board’s opinion, there is no indication of failure or likelihood of failure to comply with it, or there is no useful purpose to be served by filing it. Registration (2) If the Board specifies in writing that it is filing a copy of a determination or order under subsection (1), the Federal Court shall accept it for filing and shall register it without further application or other proceeding. Effect of registration (3) After registration under subsection (2), a determination or order has the force and effect of a judgment of the Federal Court, and any person or organization may take proceedings on it as if it were a judgment obtained in that Court. 1992, c. 33, s. 22; 2012, c. 19, s. 539
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By-laws required 23 (1) No artists’ association may be certified unless it adopts by-laws that (a) establish membership requirements for artists; (b) give its regular members the right to take part and vote in the meetings of the association and to participate in a ratification vote on any scale agreement that affects them; and (c) provide its members with the right of access to a copy of a financial statement of the affairs of the association to the end of the previous fiscal year, certified to be a true copy by the authorized officer of the association. Prohibited by-laws (2) No by-laws of the association may have the effect of discriminating unfairly against an artist so as to prevent the artist from becoming or continuing as a member of the association.
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Formation 24 (1) Producers may form an association for the purpose of bargaining and entering into scale agreements under this Act. Filing membership list (2) In addition to any other information that the Board may require, an association of producers shall file its membership list with the Board, keep the list up to date and send a copy of it to every certified artists’ association to which it has issued, or from which it has received, a notice to bargain under section 31. Effect of filing membership list (3) After filing its membership list, an association of producers has the exclusive right to bargain on behalf of its members for the purpose of entering into or amending a scale agreement. 1992, c. 33, s. 24; 2012, c. 19, s. 540
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Application 25 (1) An artists’ association may, if duly authorized by its members, apply to the Board in writing for certification in respect of one or more sectors (a) at any time, in respect of a sector for which no artists’ association is certified and no other application for certification is pending before the Board; (b) in the three months immediately before the date that the certification or a renewed certification is to expire, if at least one scale agreement is in force in respect of the sector; or (c) after one year, or any shorter period that the Board fixes on application, after the date of the certification or of a renewed certification, if no scale agreement is in force in respect of the sector. Accompanying documents (2) An application for certification must include the membership list of the artists’ association, a certified copy of its by-laws and any other information required by the Board. Public notice of application (3) The Board shall give public notice of any application for certification in respect of any sector without delay, indicating any period in which another application may be made by any other artists’ association, despite subsection (1), for certification in respect of that sector or any part of it. When application may not be made (4) No application for certification in respect of a sector may be made, except with the Board’s consent, after the expiry of the period indicated in any public notice given under subsection (3). 1992, c. 33, s. 25; 2012, c. 19, s. 541
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Determination of sector 26 (1) After the application period referred to in subsection 25(3) has expired, the Board shall determine the sector or sectors that are suitable for bargaining, taking into account (a) the common interests of the artists in respect of whom the application was made; (b) the history of professional relations among those artists, their associations and producers concerning bargaining, scale agreements and any other agreements respecting the terms of engagement of artists; and (c) any geographic and linguistic criteria that the Board considers relevant. Right to intervene (2) Despite subsection 19(3), only the artists in respect of whom the application was made, artists’ associations and producers may intervene as of right on the issue of determining the sector that is suitable for bargaining. Notice of determination (3) The Board shall give the artists’ association concerned and any intervenors notice of its determination under subsection (1) without delay, and that determination is deemed to be interlocutory, despite section 21. 1992, c. 33, s. 26; 2012, c. 19, s. 541
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Association’s representativity 27 (1) After determining the sector under subsection 26(1), the Board shall determine the representativity of the artists’ association, as of the date of filing of the application for certification or as of any other date that the Board considers appropriate. Right to intervene (2) Despite subsection 19(3), only artists in respect of whom the application was made and artists’ associations may intervene as of right on the issue of determining the representativity of an artists’ association. 1992, c. 33, s. 27; 2012, c. 19, s. 541
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Certification 28 (1) If the Board is satisfied that an artists’ association that has applied for certification in respect of a sector is the most representative of artists in that sector, the Board shall certify the association. Certification period (2) Certification is valid for a period of three years after the date that the Board issues the certificate and, subject to subsection (3), is automatically renewed for additional three year periods. Extension of period of certification (3) Where, in the three months immediately before the date that the certification or renewed certification of an artists’ association is to expire, an application for certification in respect of the same or substantially the same sector, or an application for revocation of certification, is filed, the period of validity of the association’s certification is extended until the date that the application is accepted or rejected and, where it is rejected, renewal of the association’s certification takes effect from that date. Register (4) The Board shall keep a register of all issued certificates and of their dates of issue. Effects of certification (5) After certification of an artists’ association in respect of a sector, (a) the association has exclusive authority to bargain on behalf of artists in the sector; (b) the certification of any association that previously represented artists in the sector is revoked in so far as it relates to them; and (c) the association is substituted as a party to any scale agreement that affects artists in the sector, to the extent that it relates to them, in place of the association named in the scale agreement or its successor. 1992, c. 33, s. 28; 2012, c. 19, s. 542
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Application for revocation 29 (1) An artist in a sector may apply to the Board for an order revoking an association’s certification in respect of that sector (a) on the ground that the association’s by-laws contravene the requirements of subsection 23(2), at any time; and (b) on the ground that that association is no longer the most representative of artists in the sector, or has failed to make reasonable efforts to conclude a scale agreement, (i) in the three months immediately before the date that the association’s certification or a renewed certification is to expire, if at least one scale agreement is in force in respect of the sector, or (ii) after one year, or any shorter period that the Board fixes on application, after the date of the certification or of a renewed certification of the association, if no scale agreement is in force. Stay of proceedings (2) The Board may stay any proceedings for revocation of the certification of an artists’ association under paragraph (1)(a) if the association adopts by-laws that meet the requirements of subsection 23(2) within any period that the Board may specify. Date of revocation (3) Revocation of certification is effective as of the date of the Board’s determination to revoke it or, if an association fails to adopt by-laws within a period specified by the Board under subsection (2), on the expiry of that period. Effect of revocation (4) Any scale agreement for a sector in respect of which the certification of an artists’ association has been revoked ceases to have effect as of the date of revocation or as of any later date that the Board may specify. 1992, c. 33, s. 29; 2012, c. 19, s. 543
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Mergers, etc., of associations 30 (1) An artists’ association that succeeds a certified artists’ association as a result of a merger, amalgamation or transfer of jurisdiction among associations acquires the rights, privileges and duties of that certified association under this Part, whether under a scale agreement or otherwise. Board to determine questions (2) On application by an artists’ association affected by a merger, amalgamation or transfer of jurisdiction, the Board shall determine the rights, privileges and duties that the association has acquired under this Part or under a scale agreement as a result of the transaction. 1992, c. 33, s. 30; 2012, c. 19, s. 544
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Notice to bargain to enter into a scale agreement 31 (1) Where an artists’ association is certified in respect of a sector, the association or a producer may issue a notice requiring the other party to begin bargaining for the purpose of entering into a scale agreement. Notice to bargain to renew or revise a scale agreement or enter into a new scale agreement (2) Where a scale agreement is in force, either party may, in the three months immediately preceding the date that the agreement expires or within any longer period stipulated in the agreement, issue a notice to the other party to begin bargaining in order to renew or revise it or to enter into a new scale agreement. Notice to bargain (3) An association substituted as a party to a scale agreement pursuant to paragraph 28(5)(c) may, within six months after the date of its certification, issue a notice requiring the producer that is a party to the agreement to begin bargaining for the purpose of renewing or revising it or entering into a new scale agreement. Revision during term (4) Where a scale agreement provides for revision during its term, a party entitled to do so by the agreement may give notice to the other party to begin bargaining in order to revise any provision of the agreement. Notice to Minister (5) Any party that issues a notice to the other party to begin bargaining shall send a copy of the notice to the Minister without delay.
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Duty to bargain and not to change terms and conditions 32 Where a notice to begin bargaining has been issued under section 31, (a) the artists’ association and the producer shall without delay, but in any case within twenty days after the notice was issued, unless they otherwise agree, (i) meet, or send authorized representatives to meet, and begin to bargain in good faith, and (ii) make every reasonable effort to enter into a scale agreement; and (b) the producer shall not alter, without the consent of the artists’ association, any term or condition of engagement, including the rates of remuneration, or any right or privilege of an artist or the association, that is contained in the scale agreement, until such time as pressure tactics are permitted under section 46.
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Effect of scale agreements 33 (1) For the term set out in it, a scale agreement binds the parties to it and every artist in the sector engaged by the producer, and neither party may terminate the agreement without the Board’s approval, except when a notice to bargain is issued under subsection 31(3). Scale agreement to be filed (2) The parties to a scale agreement shall file a copy of the agreement with the Minister without delay. Association of producers (3) A scale agreement entered into by an association of producers binds, even in the event that the association is dissolved, each producer that (a) is a member of the association at the time the agreement is signed and did not give the parties notice of withdrawal before the agreement was signed; (b) not being a party to any other scale agreement in respect of the same sector, subsequently becomes a member of that association; or (c) withdraws from membership in the association. Saving more favourable benefits (4) A scale agreement applies notwithstanding any inconsistency with a contract between an artist and a producer, but it shall not be applied so as to deprive an artist of a right or benefit under the contract that is more favourable to the artist than is provided for under the agreement. Application (5) The Board shall assess what is more favourable to the artist under subsection (4) in relation to each right or benefit and shall compare the elements of each right or benefit under the scale agreement with the elements of each under the contract. 1992, c. 33, s. 33; 2012, c. 19, s. 545
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Board may change termination date 34 On the joint application of the parties, the Board may change the termination date of a scale agreement in order to establish a common termination date for two or more scale agreements that bind the producer or the artists’ association. 1992, c. 33, s. 34; 2012, c. 19, s. 546
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Duty of fair representation 35 An artists’ association that is certified in respect of a sector, or a representative thereof, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the artists in the sector in relation to their rights under the scale agreement that is applicable to them.
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Provision for settlement without pressure tactics 36 (1) Every scale agreement must contain a provision for final settlement without pressure tactics, by arbitration or otherwise, of all differences between the parties or among artists bound by the agreement, concerning its interpretation, application, administration or alleged contravention. Where arbitrator to be appointed (2) Notwithstanding anything in the scale agreement, a difference between the parties to an agreement that does not contain the provision for final settlement required by subsection (1) shall be submitted for final settlement (a) to an arbitrator selected by the parties; or (b) where the parties are unable to agree on an arbitrator and either party makes a written request to the Minister to appoint one, to the arbitrator appointed by the Minister after any inquiry that the Minister considers necessary. Submission of difference to arbitration (3) Notwithstanding anything in the scale agreement, a difference between the parties to an agreement that contains a provision for final settlement by an arbitration board shall, if either party fails to name its nominee to the board, be submitted for final settlement to an arbitrator in accordance with subsection (2). Request to Minister to appoint arbitrator or arbitration board chairperson (4) Where a scale agreement contains a provision for final settlement without pressure tactics of differences described in subsection (1) by an arbitrator or arbitration board and the parties cannot agree on the selection of the arbitrator or arbitration board chairperson, either party or its nominee may, notwithstanding anything in the agreement, make a written request to the Minister to appoint the arbitrator or arbitration board chairperson, as the case may be. Appointment by Minister (5) On receipt of a request made under subsection (4), the Minister shall appoint an arbitrator or arbitration board chairperson, after any inquiry that the Minister considers necessary. Presumption (6) An arbitrator or arbitration board chairperson appointed pursuant to subsection (2), (3) or (5) is deemed to be appointed in accordance with the scale agreement.
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Determinations not to be reviewed by court 37 (1) Every determination of an arbitrator or arbitration board is final and shall not be questioned or reviewed in any court. No review by certiorari , etc. (2) No order shall be made or proceeding taken in any court, by way of injunction, certiorari , prohibition, quo warranto , revision, evocation or otherwise, to question, review, prohibit or restrain an arbitrator or arbitration board in any proceedings under this Part. Status of arbitrator or arbitration board (3) For the purposes of the Federal Courts Act , an arbitrator or an arbitration board appointed pursuant to a scale agreement or this Part is not a federal board, commission or other tribunal within the meaning of that Act. 1992, c. 33, s. 37; 2002, c. 8, s. 182; 2012, c. 19, s. 547
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Copy to be filed with Minister 38 A copy of every determination of an arbitrator or arbitration board shall be sent to the parties, filed with the Minister and, in the circumstances prescribed by regulation, made available to the public.
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Powers of arbitrator and arbitration board 39 (1) An arbitrator or arbitration board has, in relation to any proceeding before the arbitrator or the board, the powers conferred on the Board under paragraphs 17(a) to (c) and the power to determine whether any matter referred to the arbitrator or the board is arbitrable. Idem (2) Where an artist’s services have been terminated or an artist has been disciplined by a producer for cause pursuant to the scale agreement and there is no specific penalty in either the agreement or the contract between the artist and the producer, the arbitrator or arbitration board has the power to substitute for the termination of services or the discipline any other penalty that seems to the arbitrator or the board to be just and reasonable in the circumstances. 1992, c. 33, s. 39; 2012, c. 19, s. 548
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Procedure 40 (1) The arbitrator or arbitration board shall decide the procedure for hearings, and the parties shall be given the opportunity to present evidence and make submissions and may be represented by counsel or an agent or mandatary. Determination of arbitration board (2) Where a difference described in subsection 36(1) is submitted to an arbitration board, the majority of the board shall determine the issue, but if the majority cannot agree, the chairperson’s decision is the determination of the board. Arbitration costs, fees and expenses (3) Where the parties submit a difference described in subsection 36(1) to an arbitrator or an arbitration board, unless otherwise provided in the scale agreement or agreed by the parties, each party shall pay (a) its own costs and the fees and expenses of any member of an arbitration board that it nominates; and (b) an equal portion of the fees and expenses of the arbitrator or arbitration board chairperson, whether selected by the parties or their nominees or appointed by the Minister under this Part. 1992, c. 33, s. 40; 2012, c. 19, s. 549(E)
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Questions may be referred to Board 41 (1) An arbitrator or arbitration board shall refer to the Board for hearing and determination any question that arises in a matter before it as to the existence of a scale agreement, the identification of the parties to it or the application of the agreement to a particular sector or artist. Arbitration proceeding not suspended (2) Referral of a question to the Board under subsection (1) does not suspend the proceeding before the arbitrator or arbitration board, unless the Board so orders or the arbitrator or arbitration board decides that the nature of the question warrants suspension of the proceeding. 1992, c. 33, s. 41; 2012, c. 19, s. 550