PART IIProfessional Relations (continued)
Bargaining and Scale Agreements (continued)
Content and Interpretation of Scale Agreements (continued)
Marginal note:Determinations not to be reviewed by court
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.
Marginal note:Status of arbitrator or arbitration board
(3) For the purposes of the Federal Courts Act, an arbitrator or an arbitration board appointed pursuant to a scale agreement or this Part is not a federal board, commission or other tribunal within the meaning of that Act.
- 1992, c. 33, s. 37
- 2002, c. 8, s. 182
- 2012, c. 19, s. 547
Marginal note:Copy to be filed with Minister
38 A copy of every determination of an arbitrator or arbitration board shall be sent to the parties, filed with the Minister and, in the circumstances prescribed by regulation, made available to the public.
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.
(2) Where an artist’s services have been terminated or an artist has been disciplined by a producer for cause pursuant to the scale agreement and there is no specific penalty in either the agreement or the contract between the artist and the producer, the arbitrator or arbitration board has the power to substitute for the termination of services or the discipline any other penalty that seems to the arbitrator or the board to be just and reasonable in the circumstances.
- 1992, c. 33, s. 39
- 2012, c. 19, s. 548
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.
Marginal note:Determination of arbitration board
(2) Where a difference described in subsection 36(1) is submitted to an arbitration board, the majority of the board shall determine the issue, but if the majority cannot agree, the chairperson’s decision is the determination of the board.
Marginal note:Arbitration costs, fees and expenses
(3) Where the parties submit a difference described in subsection 36(1) to an arbitrator or an arbitration board, unless otherwise provided in the scale agreement or agreed by the parties, each party shall pay
- 1992, c. 33, s. 40
- 2012, c. 19, s. 549(E)
Marginal note:Questions may be referred to Board
41 (1) An arbitrator or arbitration board shall refer to the Board for hearing and determination any question that arises in a matter before it as to the existence of a scale agreement, the identification of the parties to it or the application of the agreement to a particular sector or artist.
Marginal note:Arbitration proceeding not suspended
(2) Referral of a question to the Board under subsection (1) does not suspend the proceeding before the arbitrator or arbitration board, unless the Board so orders or the arbitrator or arbitration board decides that the nature of the question warrants suspension of the proceeding.
- 1992, c. 33, s. 41
- 2012, c. 19, s. 550
Marginal note:Filing of determination in Federal Court
(2) The Federal Court shall register the copy of any determination of an arbitrator or arbitration board filed pursuant to subsection (1), and after registration the determination has the same force and effect, and all proceedings may be taken thereon, as if it were a judgment obtained in that Court.
Marginal note:Provision for settlement continues in force
43 (1) Notwithstanding anything in a scale agreement, the provision for final settlement required by subsection 36(1) remains in force after termination of the agreement and until such time as pressure tactics are permitted under section 46.
Marginal note:Power of arbitrator where agreement terminates
(2) Where a difference described in subsection 36(1) arises during the period beginning on the date of termination of the agreement and ending on the date that a period described in section 46 begins, an arbitrator or arbitration board may hear and determine the difference, and sections 36 to 42 apply.
Marginal note:Association dues to be deducted
44 At the request of an artists’ association, a scale agreement shall include a provision requiring the producer to deduct and remit to the association without delay from the remuneration of each artist subject to the scale agreement, whether or not the artist is a member of the association, the amount of the dues regularly paid by a member of the association in accordance with its by-laws.
Settlement of Labour Disputes
45 The Minister may, on request or of the Minister’s own motion, name a mediator to confer with parties who are unable to reach agreement and to assist them to enter into a scale agreement.
Prohibitions and Remedies
Marginal note:When pressure tactics are permitted
46 No artist, artists’ association or producer shall participate in, authorize or apply pressure tactics except during the period
(a) beginning thirty days after a scale agreement binding the producer and the artists’ association expires and ending on the day that a new agreement is entered into in respect of that sector; or
(b) beginning six months after the date of certification of an artists’ association and ending on the day that a scale agreement is entered into, where there is no scale agreement binding the producer and the artists’ association in respect of that sector.
Declarations respecting Pressure Tactics
Marginal note:Declaration — association’s pressure tactics unlawful
47 (1) If a producer alleges that an artists’ association has authorized or applied pressure tactics, or that artists have participated, are participating or are likely to participate in pressure tactics, as a result of which an artist was, is or would be in contravention of this Part, the producer may apply to the Board for a declaration that the pressure tactics are unlawful.
Marginal note:Declaration and prohibition of pressure tactics
(2) If an application is made under subsection (1), the Board may, after affording the artists and the artists’ association an opportunity to be heard, declare the pressure tactics to be unlawful and, if the producer so requests, make an order
(a) requiring the association to cease or revoke its authorization of the pressure tactics;
(b) enjoining artists from participating in those pressure tactics and requiring them, where applicable, to resume the work for which they were engaged; or
(c) requiring an artists’ association or any officer or representative of an association of which any artist subject to an order made under paragraph (b) is a member, to give notice of the order to all artists in the sector who are members of the association.
- 1992, c. 33, s. 47
- 2012, c. 19, s. 551
Marginal note:Declaration — producer’s pressure tactics unlawful
48 If an artists’ association applies to the Board alleging that a producer has authorized or applied pressure tactics in contravention of this Part, or is about to do so, the Board may, after affording the producer an opportunity to be heard, declare the pressure tactics to be unlawful and, if the association so requests, make an order
(a) requiring the producer or any person acting on behalf of the producer to renounce or to discontinue those pressure tactics and to permit the artists to resume their work, where applicable; or
(b) requiring the producer to communicate the contents of an order made under paragraph (a) without delay to all artists in the sector engaged by the producer at the time the order is made.
- 1992, c. 33, s. 48
- 2012, c. 19, s. 552
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