Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
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Assented to 2012-06-29
540. Subsection 24(2) of the Act is replaced by the following:
Marginal note:Filing membership list
(2) In addition to any other information that the Board may require, an association of producers shall file its membership list with the Board, keep the list up to date and send a copy of it to every certified artists’ association to which it has issued, or from which it has received, a notice to bargain under section 31.
541. Sections 25 to 27 of the Act are replaced by the following:
Marginal note:Application
25. (1) An artists’ association may, if duly authorized by its members, apply to the Board in writing for certification in respect of one or more sectors
(a) at any time, in respect of a sector for which no artists’ association is certified and no other application for certification is pending before the Board;
(b) in the three months immediately before the date that the certification or a renewed certification is to expire, if at least one scale agreement is in force in respect of the sector; or
(c) after one year, or any shorter period that the Board fixes on application, after the date of the certification or of a renewed certification, if no scale agreement is in force in respect of the sector.
Marginal note:Accompanying documents
(2) An application for certification must include the membership list of the artists’ association, a certified copy of its by-laws and any other information required by the Board.
Marginal note:Public notice of application
(3) The Board shall give public notice of any application for certification in respect of any sector without delay, indicating any period in which another application may be made by any other artists’ association, despite subsection (1), for certification in respect of that sector or any part of it.
Marginal note:When application may not be made
(4) No application for certification in respect of a sector may be made, except with the Board’s consent, after the expiry of the period indicated in any public notice given under subsection (3).
Determination of Sector and Representativeness of an Association
Marginal note:Determination of sector
26. (1) After the application period referred to in subsection 25(3) has expired, the Board shall determine the sector or sectors that are suitable for bargaining, taking into account
(a) the common interests of the artists in respect of whom the application was made;
(b) the history of professional relations among those artists, their associations and producers concerning bargaining, scale agreements and any other agreements respecting the terms of engagement of artists; and
(c) any geographic and linguistic criteria that the Board considers relevant.
Marginal note:Right to intervene
(2) Despite subsection 19(3), only the artists in respect of whom the application was made, artists’ associations and producers may intervene as of right on the issue of determining the sector that is suitable for bargaining.
Marginal note:Notice of determination
(3) The Board shall give the artists’ association concerned and any intervenors notice of its determination under subsection (1) without delay, and that determination is deemed to be interlocutory, despite section 21.
Marginal note:Association’s representativity
27. (1) After determining the sector under subsection 26(1), the Board shall determine the representativity of the artists’ association, as of the date of filing of the application for certification or as of any other date that the Board considers appropriate.
Marginal note:Right to intervene
(2) Despite subsection 19(3), only artists in respect of whom the application was made and artists’ associations may intervene as of right on the issue of determining the representativity of an artists’ association.
542. (1) Subsection 28(1) of the Act is replaced by the following:
Marginal note:Certification
28. (1) If the Board is satisfied that an artists’ association that has applied for certification in respect of a sector is the most representative of artists in that sector, the Board shall certify the association.
(2) Subsection 28(2) of the English version of the Act is replaced by the following:
Marginal note:Certification period
(2) Certification is valid for a period of three years after the date that the Board issues the certificate and, subject to subsection (3), is automatically renewed for additional three year periods.
(3) Subsection 28(3) of the French version of the Act is replaced by the following:
Marginal note:Prorogation
(3) Le dépôt, dans les trois mois précédant l’expiration de l’accréditation ou de son renouvellement, d’une demande d’annulation ou d’une autre demande d’accréditation visant le même ou sensiblement le même secteur emporte prorogation de l’accréditation jusqu’à ce que le Conseil statue sur la demande, le renouvellement ne prenant effet, en cas de rejet de celle-ci, qu’à la date de la décision.
(4) Subsection 28(4) of the Act is replaced by the following:
Marginal note:Register
(4) The Board shall keep a register of all issued certificates and of their dates of issue.
543. (1) The portion of subsection 29(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Application for revocation
29. (1) An artist in a sector may apply to the Board for an order revoking an association’s certification in respect of that sector
(2) Subparagraphs 29(1)(b)(i) and (ii) of the Act are replaced by the following:
(i) in the three months immediately before the date that the association’s certification or a renewed certification is to expire, if at least one scale agreement is in force in respect of the sector, or
(ii) after one year, or any shorter period that the Board fixes on application, after the date of the certification or of a renewed certification of the association, if no scale agreement is in force.
(3) Subsections 29(2) to (4) of the Act are replaced by the following:
Marginal note:Stay of proceedings
(2) The Board may stay any proceedings for revocation of the certification of an artists’ association under paragraph (1)(a) if the association adopts by-laws that meet the requirements of subsection 23(2) within any period that the Board may specify.
Marginal note:Date of revocation
(3) Revocation of certification is effective as of the date of the Board’s determination to revoke it or, if an association fails to adopt by-laws within a period specified by the Board under subsection (2), on the expiry of that period.
Marginal note:Effect of revocation
(4) Any scale agreement for a sector in respect of which the certification of an artists’ association has been revoked ceases to have effect as of the date of revocation or as of any later date that the Board may specify.
544. Subsection 30(2) of the Act is replaced by the following:
Marginal note:Board to determine questions
(2) On application by an artists’ association affected by a merger, amalgamation or transfer of jurisdiction, the Board shall determine the rights, privileges and duties that the association has acquired under this Part or under a scale agreement as a result of the transaction.
545. (1) Subsection 33(1) of the Act is replaced by the following:
Marginal note:Effect of scale agreements
33. (1) For the term set out in it, a scale agreement binds the parties to it and every artist in the sector engaged by the producer, and neither party may terminate the agreement without the Board’s approval, except when a notice to bargain is issued under subsection 31(3).
(2) Subsection 33(5) of the Act is replaced by the following:
Marginal note:Application
(5) The Board shall assess what is more favourable to the artist under subsection (4) in relation to each right or benefit and shall compare the elements of each right or benefit under the scale agreement with the elements of each under the contract.
546. Section 34 of the Act is replaced by the following:
Marginal note:Board may change termination date
34. On the joint application of the parties, the Board may change the termination date of a scale agreement in order to establish a common termination date for two or more scale agreements that bind the producer or the artists’ association.
547. Subsection 37(2) of the Act is replaced by the following:
Marginal note:No review by certiorari, etc.
(2) No order shall be made or proceeding taken in any court, by way of injunction, certiorari, prohibition, quo warranto, revision, evocation or otherwise, to question, review, prohibit or restrain an arbitrator or arbitration board in any proceedings under this Part.
548. Subsection 39(1) of the Act is replaced by the following:
Marginal note:Powers of arbitrator and arbitration board
39. (1) An arbitrator or arbitration board has, in relation to any proceeding before the arbitrator or the board, the powers conferred on the Board under paragraphs 17(a) to (c) and the power to determine whether any matter referred to the arbitrator or the board is arbitrable.
549. Subsection 40(1) of the English version of the Act is replaced by the following:
Marginal note:Procedure
40. (1) The arbitrator or arbitration board shall decide the procedure for hearings, and the parties shall be given the opportunity to present evidence and make submissions and may be represented by counsel or an agent or mandatary.
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