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Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)

Assented to 2012-06-29

 Section 41 of the Act is replaced by the following:

Marginal note:Questions may be referred to Board
  • 41. (1) An arbitrator or arbitration board shall refer to the Board for hearing and determination any question that arises in a matter before it as to the existence of a scale agreement, the identification of the parties to it or the application of the agreement to a particular sector or artist.

  • Marginal note:Arbitration proceeding not suspended

    (2) Referral of a question to the Board under subsection (1) does not suspend the proceeding before the arbitrator or arbitration board, unless the Board so orders or the arbitrator or arbitration board decides that the nature of the question warrants suspension of the proceeding.

  •  (1) Subsection 47(1) of the Act is replaced by the following:

    Marginal note:Declaration — association’s pressure tactics unlawful
    • 47. (1) If a producer alleges that an artists’ association has authorized or applied pressure tactics, or that artists have participated, are participating or are likely to participate in pressure tactics, as a result of which an artist was, is or would be in contravention of this Part, the producer may apply to the Board for a declaration that the pressure tactics are unlawful.

  • (2) The portion of subsection 47(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Declaration and prohibition of pressure tactics

      (2) If an application is made under subsection (1), the Board may, after affording the artists and the artists’ association an opportunity to be heard, declare the pressure tactics to be unlawful and, if the producer so requests, make an order

 The portion of section 48 of the Act before paragraph (a) is replaced by the following:

Marginal note:Declaration — producer’s pressure tactics unlawful

48. If an artists’ association applies to the Board alleging that a producer has authorized or applied pressure tactics in contravention of this Part, or is about to do so, the Board may, after affording the producer an opportunity to be heard, declare the pressure tactics to be unlawful and, if the association so requests, make an order

 Section 49 of the Act is replaced by the following:

Marginal note:Order’s terms and duration
  • 49. (1) An order that is made under section 47 or 48 shall be on any terms that the Board considers necessary and sufficient to meet the circumstances of the case and, subject to subsection (2), shall have effect for the period indicated in the order.

  • Marginal note:Application for supplementary order

    (2) If anyone affected by an order made under section 47 or 48 applies to the Board and gives notice of the application to the parties named in the order, the Board may, by supplementary order, continue or modify the order for any period that is indicated in the supplementary order, or may revoke the order.

 Paragraph 50(f) of the Act is replaced by the following:

  • (f) bargain for the purpose of entering into a scale agreement, or enter into a scale agreement, with an artists’ association in respect of a sector, if the producer knows or, in the Board’s opinion, ought to know that another artists’ association is certified in respect of that sector.

 Paragraphs 51(a) and (b) of the Act are replaced by the following:

  • (a) bargain for the purpose of entering into a scale agreement, or enter into a scale agreement with a producer in respect of a sector, if the association or person knows or, in the Board’s opinion, ought to know that another artists’ association is certified in respect of that sector;

  • (b) bargain for the purposes of entering into a scale agreement, or enter into a scale agreement in respect of a sector, with a producer that the association knows or, in the Board’s opinion, ought to know is represented by an association of producers that has filed its membership list under subsection 24(2);

  •  (1) The portion of subsection 53(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Complaints to Board
    • 53. (1) Any person or organization may make a complaint in writing to the Board that

  • (2) Subsection 53(2) of the Act is replaced by the following:

    • 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.

  • (3) The portion of subsection 53(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Inadmissible complaints

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

  • (4) Paragraph 53(3)(b) of the English version of the Act is replaced by the following:

    • (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.

  • (5) Subsection 53(4) of the Act is replaced by the following:

    • 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.

  •  (1) The portion of subsection 54(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Board may make orders
    • 54. (1) If the Board determines that a party to a complaint failed to comply with section 32, 35, 50, 51 or 52, the Board may order the party to comply with or to cease contravening that section and may

  • (2) Paragraphs 54(1)(a) and (b) of the English version of the Act are replaced by the following:

    • (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, in the Board’s opinion, under the scale agreement or the artist’s contract;

    • (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 Board’s opinion, it was the duty of the association to pursue;

  • (3) Subparagraphs 54(1)(c)(ii) and (iii) of the English version of the Act are replaced by the following:

    • (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, in the Board’s opinion, under the scale agreement or the contract, 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 Board’s opinion, of any financial or other penalty provided for in the scale agreement or the contract and imposed on the artist by the producer;

  • (4) Paragraph 54(1)(d) of the English version of the Act is replaced by the following:

    • (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 that failure, and pay the artist compensation not exceeding the amount, in the Board’s opinion, of any financial or other penalty provided for in the scale agreement or the contract and imposed on the artist by the producer;

  • (5) Paragraph 54(1)(f) of the English version of the Act is replaced by the following:

    • (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 that failure, and pay the artist compensation not exceeding the amount, in the Board’s opinion, of the artist’s actual loss or of any financial or other penalty.

  • (6) Subsection 54(2) of the Act is replaced by the following:

    • Marginal note:Other orders

      (2) In order to ensure that the purpose of this Part is achieved, the Board 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.

Marginal note:1995, c. 11, s. 41

 Section 56 of the English version of the Act is replaced by the following:

Marginal note:Regulations

56. On the Minister’s recommendation after consultation with the Minister of Canadian Heritage, the Governor in Council may make regulations prescribing anything that may be prescribed under any provision of this Part, and any other regulations that the Governor in Council considers necessary to carry out the provisions of this Part, other than regulations that may be made by the Board under section 16.

 Paragraph 57(3)(d) of the Act is replaced by the following:

  • (d) refuses to answer any proper question put to them under paragraph 17(a) by the Board or one of its members or by an arbitrator or an arbitration board

 Section 59 of the Act is replaced by the following:

Marginal note:Board’s consent before prosecution

59. No prosecution may be instituted in respect of an offence under this Part without the consent in writing of the Board.

 
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