Division 391992, c. 33Status of the Artist Act
Amendments to the Act
(2) Paragraph (b) of the definition “party” in section 5 of the Act is replaced by the following:
(b) in respect of a complaint made to the Board, the complainant or the person or organization that is the object of the complaint;
(3) Section 5 of the Act is amended by adding the following in alphabetical order:
« Conseil »
“Board” means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code.
Marginal note:1998, c. 26, s. 83
533. Paragraph 9(3)(b) of the Act is replaced by the following:
(b) employees, within the meaning of Part I of the Canada Labour Code, including those determined to be employees by the Board, and members of a bargaining unit that is certified by the Board.
Marginal note:1995, c. 11, ss. 39 and 40; 2003, c. 22, s. 221(E) and par. 225(z.25)(E)
534. The headings before section 10 and sections 10 to 15 of the Act are replaced by the following:
Canada Industrial Relations Board
535. (1) The portion of section 16 of the Act before paragraph (a) is replaced by the following:
16. 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
(2) Paragraph 16(a) of the English version of the Act is replaced by the following:
(a) the practice and procedure before the Board, including the assessment and awarding of costs;
(3) Paragraphs 16(d) to (h) of the English version of the Act are replaced by the following:
(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;
(4) Paragraphs 16(k) and (l) of the English version of the Act are replaced by the following:
(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.
536. (1) The portion of section 17 of the Act before paragraph (a) is replaced by the following:
Marginal note:Board’s powers
17. The Board may, in relation to any proceeding before it under this Part,
(2) Paragraph 17(a) of the English version of the Act is replaced by the following:
(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;
(3) Paragraph 17(d) of the English version of the Act is replaced by the following:
(d) examine any evidence that is submitted to the Board respecting the membership of any artist in an artists’ association that is seeking certification;
(4) Paragraphs 17(g) to (i) of the English version of the Act are replaced by the following:
(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;
537. The portion of section 18 of the Act before paragraph (a) is replaced by the following:
Marginal note:Criteria for application by Board
18. The Board shall take into account
Marginal note:2002, c. 8, par. 182(1)(z.12)
538. Sections 19 to 21 of the Act are replaced by the following:
Marginal note:Informal proceedings
19. (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.
(2) In order to ensure that the purpose of this Part is achieved, the members of the Board may consult with other members or the Board’s staff in respect of any matter before it.
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.
(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.
Marginal note:Review of determination or order
20. (1) The Board may uphold, rescind or amend any determination or order made by it under this Part, and may rehear any application before making a decision.
Marginal note:Interim decision
(2) When it is necessary to decide one or more issues in order to dispose finally of an application or complaint the Board may, if it is satisfied that it can do so without prejudice to the rights of any party or intervenor in the proceeding, decide or make an order respecting one or more of those issues, and reserve its jurisdiction to decide the remaining issues.
Review and Enforcement of Determinations and Orders
Marginal note:Determination or order — no review by court
21. (1) Subject to this Part, every determination or order of the Board is final and shall not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.
Marginal note:No review by certiorari, etc.
(2) Except as permitted by subsection (1), no determination, order or proceeding made or carried on, or purporting to be made or carried on, by the Board under this Part shall be questioned, reviewed, prohibited or restrained on any ground, including the ground that the Board did not have jurisdiction or exceeded or lost its jurisdiction, or be made the subject of any proceeding in or any process of any court on any such ground, whether by way of injunction, certiorari, prohibition, quo warranto, revision, evocation or otherwise.
539. Subsections 22(1) and (2) of the Act are replaced by the following:
Marginal note:Filing in Federal Court
22. (1) On application in writing by any party or of its own motion, the Board shall file a copy of a determination or order, exclusive of the reasons for it, in the Federal Court unless, in the Board’s opinion, there is no indication of failure or likelihood of failure to comply with it, or there is no useful purpose to be served by filing it.
(2) If the Board specifies in writing that it is filing a copy of a determination or order under subsection (1), the Federal Court shall accept it for filing and shall register it without further application or other proceeding.
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