The Tribunal examined the sector definition in the light of the NAC's concerns. The CAEA's definitions and the production referred to demonstrated that within the industry, a concert performance was akin to a symphonic performance of an opera in concert. The NAC did not cite any examples in support of its position nor were the definitions provided from dictionaries a demonstration of the use of terms as understood within the industry. It has been the constant intention of the Tribunal in defining various sectors to be as inclusive as possible, in the interest of the well-being of all artists. As well, the sector definition was meant to include all artists who take part in an operatic work as singers, in whatever form.
Singers performing an opera on stage, off stage, or in a pit are within the sector.
The lack of theatrical elements including staging, direction, costumes, lighting, sets, props or costumes is irrelevant. The wording of the sector definition is sufficiently broad to encompass singers engaged in symphonic performances of opera in concert. On the evidence before it, the Tribunal concludes that there is no distinction between concert performances of operas and symphonic performances of operas in concert, with the result that there is no need to clarify the scope of the sector. Concert performances are and always have been included in the CAEA sector definition and so there is no expansion of the scope of the sector by including singers in these productions.