Status of the Artist Act

Marginal note:Artist contracting through an organization

• 9 (1) An artist is not excluded from the application of this Part simply by contracting through an organization.

• Marginal note:Presumption for purposes of Competition Act

  (2) For the purposes of subsection 4(1) of the Competition Act,

  • (a) artists’ associations certified under this Part that were formed for the purpose of providing appropriate protection for the professional interests of the artists they represent are deemed to be combinations of employees, in relation to those activities of the association that are directed to achieving that purpose; and

  • (b) contracts, agreements or arrangements between or among two or more producers, whether made directly between or among them or through a corporation or an association of producers, pertaining to bargaining in respect of remuneration and the terms and conditions of engagement of artists, are deemed to be contracts, agreements or arrangements.

• Marginal note:Employees excluded

  (3) This Part does not apply, in respect of work undertaken in the course of employment, to

  • (a) employees, within the meaning of the Public Service Labour Relations Act, including those determined to be employees by the Public Service Labour Relations and Employment Board, and members of a bargaining unit that is certified by that Board; or

  • (b) employees, within the meaning of Part I of the Canada Labour Code, including those determined to be employees by the Board, and members of a bargaining unit that is certified by the Board.