Status of the Artist Act

Marginal note:Prohibitions relating to artists’ associations

51 No certified artists’ association or person acting on behalf of such an association shall

• (a) bargain for the purpose of entering into a scale agreement, or enter into a scale agreement with a producer in respect of a sector, if the association or person knows or, in the Board’s opinion, ought to know that another artists’ association is certified in respect of that sector;

• (b) bargain for the purposes of entering into a scale agreement, or enter into a scale agreement in respect of a sector, with a producer that the association knows or, in the Board’s opinion, ought to know is represented by an association of producers that has filed its membership list under subsection 24(2);

• (c) require a producer to terminate the contract of an artist engaged by the producer because the artist has been expelled or suspended from membership in the association for a reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the association as a condition of acquiring or retaining membership;

• (d) take disciplinary action against or impose any form of penalty on an artist by applying the standards of discipline of the association to that artist in a discriminatory manner;

• (e) expel or suspend an artist from membership in the association, or take disciplinary action or impose any penalty against the artist, for refusal to perform an act that is contrary to this Part;

• (f) discriminate unfairly against an artist with respect to becoming or continuing as a member of the association or being expelled from it, if the parties have included in a scale agreement a provision that requires membership in a specified artists’ association as a condition of engagement, or that grants a preference in engagement to such members; or

• (g) intimidate, coerce or impose a financial or other penalty on an artist, because the artist

  • (i) has testified or participated in a proceeding under this Part, or may do so,

  • (ii) has made or is about to make a disclosure that may be required in a proceeding under this Part, or

  • (iii) has made an application or filed a complaint under this Part.