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

Act current to 2017-11-20 and last amended on 2017-06-19. Previous Versions

Co-production Agreements

Marginal note:Co-production agreement
  •  (1) Where a producer enters into a co-production agreement, the producer shall ensure that the agreement designates the person who will actually engage the artists for the co-production.

  • Marginal note:Application of Part to co-production

    (2) This Part does not apply in respect of a co-production unless the person designated pursuant to subsection (1) is a producer within the meaning of this Part.

Regulations

Marginal note:Regulations

 On the Minister’s recommendation after consultation with the Minister of Canadian Heritage, the Governor in Council may make regulations prescribing anything that may be prescribed under any provision of this Part, and any other regulations that the Governor in Council considers necessary to carry out the provisions of this Part, other than regulations that may be made by the Board under section 16.

  • 1992, c. 33, s. 56;
  • 1995, c. 11, s. 41;
  • 2012, c. 19, s. 558(E).

Offences and Punishment

Marginal note:Offence and penalty
  •  (1) Subject to subsections (2) and (3), every person who contravenes or fails to comply with any provision of this Part other than sections 32, 50 and 51 is guilty of an offence and liable to a fine not exceeding five thousand dollars.

  • Marginal note:Idem

    (2) Every artist, artists’ association or producer that contravenes section 46 is guilty of an offence and liable to a fine

    • (a) not exceeding two thousand dollars, in the case of an artist;

    • (b) not exceeding fifty thousand dollars, in the case of an officer, employee, director, agent or advisor of a certified artists’ association or director, agent or advisor of a producer; or

    • (c) not exceeding one hundred thousand dollars, in the case of a producer or a certified artists’ association.

  • Marginal note:Further offences

    (3) Every person who

    • (a) being required to attend to give evidence pursuant to paragraph 17(a), fails to attend accordingly,

    • (b) being compelled to produce, pursuant to paragraph 17(a), any document or thing in the person’s possession or under the person’s control, fails to produce the document or thing,

    • (c) refuses to be sworn or to affirm, as the case may be, after being required to be sworn or affirmed pursuant to paragraph 17(a), or

    • (d) refuses to answer any proper question put to them under paragraph 17(a) by the Board or one of its members or by an arbitrator or an arbitration board

    is guilty of an offence and liable to a fine not exceeding four hundred dollars.

  • 1992, c. 33, s. 57;
  • 2012, c. 19, s. 559.
Marginal note:Prosecutions
  •  (1) A prosecution for an offence under this Part may be brought against and in the name of an association of producers or an artists’ association.

  • Marginal note:Idem

    (2) For the purpose of a prosecution under subsection (1),

    • (a) an artists’ association or an association of producers is deemed to be a person; and

    • (b) any act or thing done or omitted to be done by an officer or agent of an artists’ association or an association of producers within the scope of the officer or agent’s authority is deemed to be an act or thing done or omitted to be done by the association.

  • Marginal note:Imprisonment precluded

    (3) Where a person is convicted of an offence under this Part, no imprisonment may be imposed as punishment for default of payment of any fine imposed as punishment.

Marginal note:Board’s consent before prosecution

 No prosecution may be instituted in respect of an offence under this Part without the consent in writing of the Board.

  • 1992, c. 33, s. 59;
  • 2012, c. 19, s. 560.

Evidence

Marginal note:Documents as evidence
  •  (1) Any document purporting to contain or to be a copy of a determination of the Board and to be signed by one of its members is admissible in evidence in any court without proof of the signature or official character of the member or any further proof.

  • Marginal note:Certificate of Minister is evidence

    (2) A certificate, purporting to be signed by the Minister or an official of the Federal Mediation and Conciliation Service, stating that any document referred to in this Part was or was not received or given by the Minister pursuant to this Part and, if received or given, stating the date that it was received or given, is admissible in evidence in any court without proof of the signature or official character of the Minister or official, or any further proof.

  • 1992, c. 33, s. 60;
  • 1996, c. 11, s. 88(E);
  • 1998, c. 26, s. 84;
  • 2012, c. 19, s. 561.

 [Repealed, 2012, c. 19, s. 562]

Miscellaneous

Marginal note:Defect in form or irregularity

 No proceeding under this Part is invalid by reason only of a defect in form or a technical irregularity.

Marginal note:Remuneration and expenses

 Every person not employed in the federal public administration who, at the request of the Minister, performs functions under this Part in any capacity, other than as an arbitrator or arbitration board chairperson, shall be paid the remuneration and expenses prescribed by regulation.

  • 1992, c. 33, s. 63;
  • 2003, c. 22, s. 224(E).
Marginal note:Witness fees and expenses

 A person who is summoned by the Board and attends as a witness in any proceeding taken under this Part is entitled to be paid the allowance for expenses and the witness fees that are in force with respect to witnesses in civil suits in the superior court of the province in which the proceeding is taken.

  • 1992, c. 33, s. 64;
  • 2012, c. 19, s. 563.
Marginal note:Persons not required to give evidence
  •  (1) No member of the Board or person appointed by the Board or the Minister under this Part is required to give evidence in any civil action, suit or other proceeding, respecting information obtained in the discharge of their duties under this Part.

  • Marginal note:Chief Administrator and employees not required to give evidence

    (2) Neither the Chief Administrator nor an employee of the Administrative Tribunals Support Service of Canada shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties in providing services to the Board.

  • 1992, c. 33, s. 65;
  • 2012, c. 19, s. 563;
  • 2014, c. 20, s. 462.

 [Repealed, 2012, c. 19, s. 563]

 [Repealed, 2012, c. 19, s. 563]

Consequential Amendments

 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote * This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.

  • Return to footnote *[Note: Section 1 and Part I in force May 14, 1993, see SI/93-75; sections 10 to 13, 15 and 16 in force June 11, 1993, see SI/93-92; sections 5 to 9, 14 and 17 to 70 in force May 9, 1995, see SI/95-61.]

 
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