Marginal note:Binding on Her Majesty
6. (1) This Part is binding on Her Majesty in right of Canada.
(2) This Part applies
(a) to the following organizations that engage one or more artists to provide an artistic production, namely,
(ii) broadcasting undertakings, including a distribution or programming undertaking, under the jurisdiction of the Canadian Radio-television and Telecommunications Commission; and
(b) to independent contractors determined to be professionals according to the criteria set out in paragraph 18(b), and who
(i) are authors of artistic, dramatic, literary or musical works within the meaning of the Copyright Act, or directors responsible for the overall direction of audiovisual works,
(ii) perform, sing, recite, direct or act, in any manner, in a musical, literary or dramatic work, or in a circus, variety, mime or puppet show, or
(iii) contribute to the creation of any production in the performing arts, music, dance and variety entertainment, film, radio and television, video, sound-recording, dubbing or the recording of commercials, arts and crafts, or visual arts, and fall within a professional category prescribed by regulation.
7. The purpose of this Part is to establish a framework to govern professional relations between artists and producers that guarantees their freedom of association, recognizes the importance of their respective contributions to the cultural life of Canada and ensures the protection of their rights.
Freedom of Association
8. An artist is free to join an artists’ association and to participate in its formation, activities and administration.
Exclusions and Presumptions
Marginal note:Artist contracting through an organization
9. (1) An artist is not excluded from the application of this Part simply by contracting through an organization.
Marginal note:Presumption for purposes of Competition Act
(2) For the purposes of subsection 4(1) of the Competition Act,
(a) artists’ associations certified under this Part that were formed for the purpose of providing appropriate protection for the professional interests of the artists they represent are deemed to be combinations of employees, in relation to those activities of the association that are directed to achieving that purpose; and
(b) contracts, agreements or arrangements between or among two or more producers, whether made directly between or among them or through a corporation or an association of producers, pertaining to bargaining in respect of remuneration and the terms and conditions of engagement of artists, are deemed to be contracts, agreements or arrangements.
Marginal note:Employees excluded
(3) This Part does not apply, in respect of work undertaken in the course of employment, to
(a) employees, within the meaning of the Public Service Labour Relations Act, including those determined to be employees by the Public Service Labour Relations Board, and members of a bargaining unit that is certified by that Board; or
(b) employees, within the meaning of Part I of the Canada Labour Code, including those determined to be employees by the Board, and members of a bargaining unit that is certified by the Board.
- 1992, c. 33, s. 9;
- 1998, c. 26, s. 83;
- 2003, c. 22, s. 220(E);
- 2012, c. 19, s. 533.
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