Marginal note: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.
(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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Settlement of Labour Disputes
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.
Prohibitions and Remedies
Marginal note: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.
Declarations respecting Pressure Tactics
Marginal note: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.
Marginal note: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.
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