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

Marginal note:Provision for settlement without pressure tactics

• 36 (1) Every scale agreement must contain a provision for final settlement without pressure tactics, by arbitration or otherwise, of all differences between the parties or among artists bound by the agreement, concerning its interpretation, application, administration or alleged contravention.

• Marginal note:Where arbitrator to be appointed

  (2) Notwithstanding anything in the scale agreement, a difference between the parties to an agreement that does not contain the provision for final settlement required by subsection (1) shall be submitted for final settlement

  • (a) to an arbitrator selected by the parties; or

  • (b) where the parties are unable to agree on an arbitrator and either party makes a written request to the Minister to appoint one, to the arbitrator appointed by the Minister after any inquiry that the Minister considers necessary.

• Marginal note:Submission of difference to arbitration

  (3) Notwithstanding anything in the scale agreement, a difference between the parties to an agreement that contains a provision for final settlement by an arbitration board shall, if either party fails to name its nominee to the board, be submitted for final settlement to an arbitrator in accordance with subsection (2).

• Marginal note:Request to Minister to appoint arbitrator or arbitration board chairperson

  (4) Where a scale agreement contains a provision for final settlement without pressure tactics of differences described in subsection (1) by an arbitrator or arbitration board and the parties cannot agree on the selection of the arbitrator or arbitration board chairperson, either party or its nominee may, notwithstanding anything in the agreement, make a written request to the Minister to appoint the arbitrator or arbitration board chairperson, as the case may be.

• Marginal note:Appointment by Minister

  (5) On receipt of a request made under subsection (4), the Minister shall appoint an arbitrator or arbitration board chairperson, after any inquiry that the Minister considers necessary.

• Marginal note:Presumption

  (6) An arbitrator or arbitration board chairperson appointed pursuant to subsection (2), (3) or (5) is deemed to be appointed in accordance with the scale agreement.