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

Act current to 2016-01-25 and last amended on 2014-11-01. Previous Versions

Marginal note:Order’s terms and duration
  •  (1) An order that is made under section 47 or 48 shall be on any terms that the Board considers necessary and sufficient to meet the circumstances of the case and, subject to subsection (2), shall have effect for the period indicated in the order.

  • Marginal note:Application for supplementary order

    (2) If anyone affected by an order made under section 47 or 48 applies to the Board and gives notice of the application to the parties named in the order, the Board may, by supplementary order, continue or modify the order for any period that is indicated in the supplementary order, or may revoke the order.

  • 1992, c. 33, s. 49;
  • 2012, c. 19, s. 553.

Unfair Practices

Marginal note:Prohibitions relating to producers

 No producer or person acting on behalf of a producer shall

  • (a) refuse to engage an artist or to honour an artist’s contract, or discriminate against an artist with respect to engagement, remuneration or any other term or condition of engagement, or intimidate, threaten or discipline an artist, because the artist

    • (i) is or proposes to become, or seeks to induce any other person to become, a member, officer or representative of an artists’ association, or participates in the promotion, formation or administration of an artists’ association,

    • (ii) has testified or participated in a proceeding under this Part, or may do so,

    • (iii) has made or is about to make a disclosure that may be required in a proceeding under this Part,

    • (iv) has made an application or filed a complaint under this Part,

    • (v) has exercised any right under this Part or participated in pressure tactics that are not prohibited by it, or

    • (vi) has been expelled or suspended from membership in an artists’ association for a reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the association as a condition of acquiring or retaining membership;

  • (b) impose any condition in a contract of engagement that prevents or has the effect of preventing an artist from exercising rights under this Part;

  • (c) terminate an artist’s contract, or impose a financial or other penalty or take disciplinary action against an artist, because the artist refuses to perform any of the duties of another artist who is participating in or is subject to pressure tactics that are not prohibited by this Part;

  • (d) seek by intimidation, threat of termination of a contract, imposition of a financial or other penalty, or by any other means, to compel a person to refrain from becoming or to cease to be a member, officer or representative of an artists’ association, or to refrain from

    • (i) testifying or participating in a proceeding under this Part,

    • (ii) making a disclosure that may be required in a proceeding under this Part, or

    • (iii) making an application or filing a complaint under this Part;

  • (e) terminate the contract of, or impose any financial or other penalty on, an artist engaged by the producer, or take any disciplinary action because of the artist’s refusal to perform an act that is prohibited by this Part; or

  • (f) bargain for the purpose of entering into a scale agreement, or enter into a scale agreement, with an artists’ association in respect of a sector, if the producer knows or, in the Board’s opinion, ought to know that another artists’ association is certified in respect of that sector.

  • 1992, c. 33, s. 50;
  • 2012, c. 19, s. 554.
Marginal note:Prohibitions relating to artists’ associations

 No certified artists’ association or person acting on behalf of such an association shall

  • (a) bargain for the purpose of entering into a scale agreement, or enter into a scale agreement with a producer in respect of a sector, if the association or person knows or, in the Board’s opinion, ought to know that another artists’ association is certified in respect of that sector;

  • (b) bargain for the purposes of entering into a scale agreement, or enter into a scale agreement in respect of a sector, with a producer that the association knows or, in the Board’s opinion, ought to know is represented by an association of producers that has filed its membership list under subsection 24(2);

  • (c) require a producer to terminate the contract of an artist engaged by the producer because the artist has been expelled or suspended from membership in the association for a reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the association as a condition of acquiring or retaining membership;

  • (d) take disciplinary action against or impose any form of penalty on an artist by applying the standards of discipline of the association to that artist in a discriminatory manner;

  • (e) expel or suspend an artist from membership in the association, or take disciplinary action or impose any penalty against the artist, for refusal to perform an act that is contrary to this Part;

  • (f) discriminate unfairly against an artist with respect to becoming or continuing as a member of the association or being expelled from it, if the parties have included in a scale agreement a provision that requires membership in a specified artists’ association as a condition of engagement, or that grants a preference in engagement to such members; or

  • (g) intimidate, coerce or impose a financial or other penalty on an artist, because the artist

    • (i) has testified or participated in a proceeding under this Part, or may do so,

    • (ii) has made or is about to make a disclosure that may be required in a proceeding under this Part, or

    • (iii) has made an application or filed a complaint under this Part.

  • 1992, c. 33, s. 51;
  • 2012, c. 19, s. 555.
Marginal note:Intimidation or coercion prohibited

 No person shall seek by intimidation or coercion to compel any person or association to become or refrain from becoming or to cease to be a member of an artists’ association or an association of producers.

Marginal note:Complaints to Board
  •  (1) Any person or organization may make a complaint in writing to the Board that

    • (a) a producer, a person acting on behalf of a producer, an artists’ association, a person acting on behalf of an artists’ association, or an artist has contravened or failed to comply with section 32, 35, 50 or 51; or

    • (b) a person has failed to comply with section 52.

  • Marginal note:Time for making complaint

    (2) The complaint shall be made to the Board within six months after the day on which the complainant knew or, in the Board’s opinion, ought to have known of the action or circumstances giving rise to the complaint.

  • Marginal note:Inadmissible complaints

    (3) The Board shall hear the complaint unless the Board is of the opinion that it

    • (a) is moot, or is frivolous, vexatious or in bad faith; or

    • (b) is not within the Board’s jurisdiction, or could be referred by the complainant to an arbitrator or arbitration board, under a scale agreement.

  • Marginal note:Board’s duty and power

    (4) If the Board is of the opinion that the complaint must be heard, it may appoint a member who was never seized of the matter, or an employee of the Administrative Tribunals Support Service of Canada, to assist the parties to settle it and, if the matter is not settled within a period that the Board considers reasonable in the circumstances, or if the Board decides not to appoint a person to assist the parties to settle it, the Board shall hear and determine the complaint.

  • Marginal note:Burden of proof

    (5) A written complaint that a producer or any person acting on behalf of a producer failed to comply with section 50 is itself evidence that the failure actually occurred and, if any party to the complaint proceeding alleges that the failure did not occur, the burden of proof thereof is on that party.

  • 1992, c. 33, s. 53;
  • 2012, c. 19, s. 556;
  • 2014, c. 20, s. 461.
Marginal note:Board may make orders
  •  (1) If the Board determines that a party to a complaint failed to comply with section 32, 35, 50, 51 or 52, the Board may order the party to comply with or to cease contravening that section and may

    • (a) in respect of a failure to comply with paragraph 32(b), order a producer to pay the artist compensation not exceeding the amount of remuneration that would, but for that failure, have been paid to the artist, in the Board’s opinion, under the scale agreement or the artist’s contract;

    • (b) in respect of a failure to comply with section 35, require an artists’ association to pursue the rights and remedies of any artist affected by that failure, or to assist the artist to pursue any rights and remedies that, in the Board’s opinion, it was the duty of the association to pursue;

    • (c) in respect of a failure to comply with paragraph 50(a), (c) or (e), order a producer

      • (i) to engage or to continue to engage, if possible, an artist who has been dealt with in a manner prohibited by that paragraph,

      • (ii) to pay to any artist affected by that failure compensation not exceeding the amount of remuneration that would, but for that failure, have been paid to that artist, in the Board’s opinion, under the scale agreement or the contract, and

      • (iii) to rescind any disciplinary action taken against any artist affected by that failure, and pay the artist compensation not exceeding the amount, in the Board’s opinion, of any financial or other penalty provided for in the scale agreement or the contract and imposed on the artist by the producer;

    • (d) in respect of a failure to comply with paragraph 50(d), order a producer to rescind any action taken against any artist affected by that failure, and pay the artist compensation not exceeding the amount, in the Board’s opinion, of any financial or other penalty provided for in the scale agreement or the contract and imposed on the artist by the producer;

    • (e) in respect of a failure to comply with paragraph 51(d), order an artists’ association to reinstate or admit the artist as a member; and

    • (f) in respect of a failure to comply with paragraph 51(d), (e), (f) or (g), order an artists’ association to rescind any disciplinary action taken against any artist affected by that failure, and pay the artist compensation not exceeding the amount, in the Board’s opinion, of the artist’s actual loss or of any financial or other penalty.

  • Marginal note:Other orders

    (2) In order to ensure that the purpose of this Part is achieved, the Board may, in addition to or in lieu of any other order authorized under subsection (1), order a producer or an artists’ association to do or refrain from doing anything that it is equitable to require of them, so as to counteract or remedy the contravention of or non-compliance with a provision referred to in that subsection.

  • 1992, c. 33, s. 54;
  • 2012, c. 19, s. 557.
 
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