Marginal note:Short title

1. This Act may be cited as the Status of the Artist Act.

Marginal note:Proclamation

2. The Government of Canada hereby recognizes

• (a) the importance of the contribution of artists to the cultural, social, economic and political enrichment of Canada;

• (b) the importance to Canadian society of conferring on artists a status that reflects their primary role in developing and enhancing Canada’s artistic and cultural life, and in sustaining Canada’s quality of life;

• (c) the role of the artist, in particular to express the diverse nature of the Canadian way of life and the individual and collective aspirations of Canadians;

• (d) that artistic creativity is the engine for the growth and prosperity of dynamic cultural industries in Canada; and

• (e) the importance to artists that they be compensated for the use of their works, including the public lending of them.

Marginal note:Policy statement

3. Canada’s policy on the professional status of the artist, as implemented by the Minister of Canadian Heritage, is based on the following rights:

• (a) the right of artists and producers to freedom of association and expression;

• (b) the right of associations representing artists to be recognized in law and to promote the professional and socio-economic interests of their members; and

• (c) the right of artists to have access to advisory forums in which they may express their views on their status and on any other questions concerning them.

4. [Repealed, 2010, c. 12, s. 1774]

Marginal note:Definitions

5. In this Part,

“artist”

« artiste »

“artist” means an independent contractor described in paragraph 6(2)(b);

“artists’ association”

« association d’artistes »

“artists’ association” means any organization, or a branch or local thereof, that has among its objectives the management or promotion of the professional and socio-economic interests of artists who are members of the organization, and includes a federation of artists’ associations;

“Board”

« Conseil »

“Board” means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code.

“Minister”

« ministre »

“Minister” means the Minister of Labour;

“party”

« partie »

“party” means

• (a) in respect of the entering into, renewal or revision of a scale agreement or in respect of a difference in relation to the interpretation, application, administration or alleged breach thereof, the producer or the artists’ association, and

• (b) in respect of a complaint made to the Board, the complainant or the person or organization that is the object of the complaint;

“pressure tactic”

« moyen de pression »

“pressure tactic” includes

• (a) a cessation of work or a refusal to work or to continue to work by artists or artists’ associations in combination, in concert or in accordance with a common understanding, and a slowdown of work or other concerted activity by artists or artists’ associations respecting the provision of their services, done to compel a producer to agree to terms or conditions of engagement, or

• (b) the closing of a place of work, a suspension of production or a refusal to continue the engagement of one or more artists by a producer, done to compel artists, or to assist another producer to compel artists, to agree to terms or conditions of engagement;

“producer”

« producteur »

“producer” means a government institution or broadcasting undertaking described in paragraph 6(2)(a), and includes an association of producers;

“scale agreement”

« accord-cadre »

“scale agreement” means an agreement in writing between a producer and an artists’ association respecting minimum terms and conditions for the provision of artists’ services and other related matters;

“Tribunal”

“Tribunal”[Repealed, 2012, c. 19, s. 532]