Status of the Artist Act (S.C. 1992, c. 33)

Marginal note:Duty to bargain and not to change terms and conditions

32. Where a notice to begin bargaining has been issued under section 31,

• (a) the artists’ association and the producer shall without delay, but in any case within twenty days after the notice was issued, unless they otherwise agree,

  • (i) meet, or send authorized representatives to meet, and begin to bargain in good faith, and

  • (ii) make every reasonable effort to enter into a scale agreement; and

• (b) the producer shall not alter, without the consent of the artists’ association, any term or condition of engagement, including the rates of remuneration, or any right or privilege of an artist or the association, that is contained in the scale agreement, until such time as pressure tactics are permitted under section 46.

Marginal note:Effect of scale agreements

• 33. (1) For the term set out in it, a scale agreement binds the parties to it and every artist in the sector engaged by the producer, and neither party may terminate the agreement without the Board’s approval, except when a notice to bargain is issued under subsection 31(3).

• Marginal note:Scale agreement to be filed

  (2) The parties to a scale agreement shall file a copy of the agreement with the Minister without delay.

• Marginal note:Association of producers

  (3) A scale agreement entered into by an association of producers binds, even in the event that the association is dissolved, each producer that

  • (a) is a member of the association at the time the agreement is signed and did not give the parties notice of withdrawal before the agreement was signed;

  • (b) not being a party to any other scale agreement in respect of the same sector, subsequently becomes a member of that association; or

  • (c) withdraws from membership in the association.

• Marginal note:Saving more favourable benefits

  (4) A scale agreement applies notwithstanding any inconsistency with a contract between an artist and a producer, but it shall not be applied so as to deprive an artist of a right or benefit under the contract that is more favourable to the artist than is provided for under the agreement.

• Marginal note:Application

  (5) The Board shall assess what is more favourable to the artist under subsection (4) in relation to each right or benefit and shall compare the elements of each right or benefit under the scale agreement with the elements of each under the contract.

Marginal note:Board may change termination date

34. On the joint application of the parties, the Board may change the termination date of a scale agreement in order to establish a common termination date for two or more scale agreements that bind the producer or the artists’ association.