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

Act current to 2017-10-13 and last amended on 2017-06-19. Previous Versions

Canada Industrial Relations Board

 [Repealed, 2012, c. 19, s. 534]

 [Repealed, 2012, c. 19, s. 534]

 [Repealed, 2012, c. 19, s. 534]

 [Repealed, 2012, c. 19, s. 534]

 [Repealed, 2012, c. 19, s. 534]

 [Repealed, 2012, c. 19, s. 534]

Powers

Marginal note:Regulations

 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.
Marginal note:Board’s powers

 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.

Criteria for Application

Marginal note:Criteria for application by Board

 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.

Proceedings

Marginal note:Informal proceedings
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.
 
Date modified: