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

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.

Marginal note:Offence and penalty

• 57. (1) Subject to subsections (2) and (3), every person who contravenes or fails to comply with any provision of this Part other than sections 32, 50 and 51 is guilty of an offence and liable to a fine not exceeding five thousand dollars.

• Marginal note:Idem

  (2) Every artist, artists’ association or producer that contravenes section 46 is guilty of an offence and liable to a fine

  • (a) not exceeding two thousand dollars, in the case of an artist;

  • (b) not exceeding fifty thousand dollars, in the case of an officer, employee, director, agent or advisor of a certified artists’ association or director, agent or advisor of a producer; or

  • (c) not exceeding one hundred thousand dollars, in the case of a producer or a certified artists’ association.

• Marginal note:Further offences

  (3) Every person who

  • (a) being required to attend to give evidence pursuant to paragraph 17(a), fails to attend accordingly,

  • (b) being compelled to produce, pursuant to paragraph 17(a), any document or thing in the person’s possession or under the person’s control, fails to produce the document or thing,

  • (c) refuses to be sworn or to affirm, as the case may be, after being required to be sworn or affirmed pursuant to paragraph 17(a), or

  • (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

  is guilty of an offence and liable to a fine not exceeding four hundred dollars.

Marginal note:Prosecutions

• 58. (1) A prosecution for an offence under this Part may be brought against and in the name of an association of producers or an artists’ association.

• Marginal note:Idem

  (2) For the purpose of a prosecution under subsection (1),

  • (a) an artists’ association or an association of producers is deemed to be a person; and

  • (b) any act or thing done or omitted to be done by an officer or agent of an artists’ association or an association of producers within the scope of the officer or agent’s authority is deemed to be an act or thing done or omitted to be done by the association.

• Marginal note:Imprisonment precluded

  (3) Where a person is convicted of an offence under this Part, no imprisonment may be imposed as punishment for default of payment of any fine imposed as punishment.