Status of the Artist Act

Marginal note:Complaints to Board

• 53 (1) Any person or organization may make a complaint in writing to the Board 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) The complaint shall be made to the Board within six months after the day on which the complainant knew or, in the Board’s opinion, ought to have known of the action or circumstances giving rise to the complaint.

• Marginal note:Inadmissible complaints

  (3) The Board shall hear the complaint unless the Board is of the opinion that it

  • (a) is moot, or is frivolous, vexatious or in bad faith; or

  • (b) is not within the Board’s jurisdiction, or could be referred by the complainant to an arbitrator or arbitration board, under a scale agreement.

• Marginal note:Board’s duty and power

  (4) If the Board is of the opinion that the complaint must be heard, it may appoint a member who was never seized of the matter, or a member of the Board’s staff, to assist the parties to settle it and, if the matter is not settled within a period that the Board considers reasonable in the circumstances, or if the Board decides not to appoint a person to assist the parties to settle it, the Board 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.