Status of the Artist Act (S.C. 1992, c. 33)

Revocation of Certification

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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  (4) Any scale agreement for a sector in respect of which the certification of an artists’ association has been revoked ceases to have effect as of the date of revocation or as of any later date that the Board may specify.

Successor Rights and Obligations

Marginal note: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.

• Marginal note: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.

Bargaining and Scale Agreements

Notice to Bargain

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Duration and Effect of Scale Agreements

Marginal note: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).

• Marginal note:Scale agreement to be filed

  (2) The parties to a scale agreement shall file a copy of the agreement with the Minister without delay.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Content and Interpretation of Scale Agreements

Marginal note: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.

• Marginal note: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.

• Marginal note: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).

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.