Marginal note:Tribunal may make orders
54 (1) Where the Tribunal determines that a party to a complaint failed to comply with section 32, 35, 50, 51 or 52, the Tribunal may order the party to comply with or to cease contravening that section and may
(a) in respect of a failure to comply with paragraph 32(b), order a producer to pay the artist compensation not exceeding the amount of remuneration that would, but for that failure, have been paid to the artist pursuant to the scale agreement or the artist’s contract, in the opinion of the Tribunal;
(b) in respect of a failure to comply with section 35, require an artists’ association to pursue the rights and remedies of any artist affected by that failure, or to assist the artist to pursue any rights and remedies that, in the opinion of the Tribunal, it was the duty of the association to pursue;
(c) in respect of a failure to comply with paragraph 50(a), (c) or (e), order a producer
(i) to engage or to continue to engage, if possible, an artist who has been dealt with in a manner prohibited by that paragraph,
(ii) to pay to any artist affected by that failure compensation not exceeding the amount of remuneration that would, but for that failure, have been paid to that artist pursuant to the scale agreement or the contract, in the opinion of the Tribunal, and
(iii) to rescind any disciplinary action taken against any artist affected by that failure, and pay the artist compensation not exceeding the amount, in the opinion of the Tribunal, of any financial or other penalty provided for in the scale agreement or the contract and imposed on the artist by the producer;
(d) in respect of a failure to comply with paragraph 50(d), order a producer to rescind any action taken against any artist affected by the failure, and pay the artist compensation not exceeding the amount, in the opinion of the Tribunal, of any financial or other penalty provided for in the scale agreement or the contract and imposed on the artist by the producer;
(e) in respect of a failure to comply with paragraph 51(d), order an artists’ association to reinstate or admit the artist as a member; and
(f) in respect of a failure to comply with paragraph 51(d), (e), (f) or (g), order an artists’ association to rescind any disciplinary action taken against any artist affected by the failure, and pay the artist compensation not exceeding the amount, in the opinion of the Tribunal, of the artist’s actual loss or of any financial or other penalty.
Marginal note:Idem
(2) In order to ensure that the purpose of this Part is achieved, the Tribunal may, in addition to or in lieu of any other order authorized under subsection (1), order a producer or an artists’ association to do or refrain from doing anything that it is equitable to require of them, so as to counteract or remedy the contravention of or non-compliance with a provision referred to in that subsection.
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