Status of the Artist Act

Marginal note:Board’s powers

17 The Board may, in relation to any proceeding before it under this Part,

• (a) on application or of its own motion, summon and enforce the attendance of any person whose testimony is necessary, in the Board’s opinion, and compel the person to give oral or written evidence on oath and to produce any documents or things that the Board considers necessary for the full investigation and consideration of any matter within its jurisdiction;

• (b) administer oaths and solemn affirmations;

• (c) accept any evidence and information that it sees fit, on oath, by affidavit or otherwise, whether or not the evidence is admissible in a court of law;

• (d) examine any evidence that is submitted to the Board respecting the membership of any artist in an artists’ association that is seeking certification;

• (e) examine documents pertaining to the constitution, articles of association or by-laws of an artists’ association;

• (f) make any examination of records and any inquiries that it considers necessary;

• (g) require a producer or an artists’ association to post in appropriate places and keep posted a notice concerning any matter relating to the proceeding that the Board considers necessary to bring to the attention of artists;

• (h) order, at any time before the conclusion of the proceeding, that

  • (i) a representation vote or an additional representation vote be taken among artists affected by the proceeding, whether or not a representation vote is provided for elsewhere in this Part, if the Board considers that the vote would assist it to decide any question that has arisen or is likely to arise in the proceeding, and

  • (ii) the ballots cast in that representation vote be sealed in ballot boxes and counted only as directed by the Board;

• (i) authorize any person to do anything that the Board may do under paragraphs (a) to (h), and to report to the Board on it;

• (j) adjourn or postpone the proceeding;

• (k) abridge or extend the time for instituting the proceeding or for doing any act, filing any document or presenting any evidence;

• (l) amend or permit the amendment of any document filed;

• (m) add any person to the proceeding at any stage thereof;

• (n) set requirements for public notice in respect of any application made under this Part;

• (o) award costs; and

• (p) decide any question that arises in the proceeding, including whether

  • (i) a person is a producer or an artist,

  • (ii) an artist is a member of, or is represented by, an artists’ association,

  • (iii) an organization constitutes an association of producers, an artists’ association, or a federation of artists’ associations,

  • (iv) a group of artists constitutes a sector suitable for bargaining,

  • (v) a scale agreement has been entered into or is in force, and the dates that it comes into force and expires, and

  • (vi) any person or organization is a party to or is bound by a scale agreement.