Marginal note:Complaints to the Tribunal
53 (1) Any person or organization may make a complaint in writing to the Tribunal that
(a) a producer, a person acting on behalf of a producer, an artists’ association, a person acting on behalf of an artists’ association, or an artist has contravened or failed to comply with section 32, 35, 50 or 51; or
(b) a person has failed to comply with section 52.
Marginal note:Time for making complaint
(2) A complaint under subsection (1) shall be made to the Tribunal within six months after the date that the complainant knew, or in the opinion of the Tribunal ought to have known, of the action or circumstances giving rise to the complaint.
Marginal note:Inadmissible complaints
(3) The Tribunal shall hear a complaint made under subsection (1), unless the Tribunal is of the opinion that the complaint
(a) is moot, or is frivolous, vexatious or in bad faith; or
(b) is not within the Tribunal’s jurisdiction, or could be referred by the complainant to an arbitrator or arbitration board, pursuant to a scale agreement.
Marginal note:Duty and power of the Tribunal
(4) Where the Tribunal is of the opinion that the complaint must be heard, the Tribunal may appoint a member who was never seized of the matter, or a member of the staff of the Tribunal, to assist the parties to settle it and, where the matter is not settled within a period that the Tribunal considers reasonable in the circumstances, or if the Tribunal decides not to appoint a person to assist the parties to settle it, the Tribunal shall hear and determine the complaint.
Marginal note:Burden of proof
(5) A written complaint that a producer or any person acting on behalf of a producer failed to comply with section 50 is itself evidence that the failure actually occurred and, if any party to the complaint proceeding alleges that the failure did not occur, the burden of proof thereof is on that party.
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