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

Marginal note:Representativity of an association

• 27. (1) After determining the sector pursuant to subsection 26(1), the Tribunal shall determine the representativity of the artists’ association, as of the date of filing of the application for certification or as of any other date that the Tribunal considers appropriate.

• Marginal note:Right to intervene

  (2) Notwithstanding subsection 19(3), only artists in respect of whom the application was made and artists’ associations may intervene as of right on the issue of determining the representativity of an artists’ association.

Marginal note:Certification

• 28. (1) Where the Tribunal is satisfied that an artists’ association that has applied for certification in respect of a sector is the most representative of artists in that sector, the Tribunal shall certify the association.

• Marginal note:Period of certification

  (2) Certification is valid for a period of three years after the date that the Tribunal issues the certificate and, subject to subsection (3), is automatically renewed for additional three year periods.

• Marginal note:Extension of period of certification

  (3) Where, in the three months immediately before the date that the certification or renewed certification of an artists’ association is to expire, an application for certification in respect of the same or substantially the same sector, or an application for revocation of certification, is filed, the period of validity of the association’s certification is extended until the date that the application is accepted or rejected and, where it is rejected, renewal of the association’s certification takes effect from that date.

• Marginal note:Register

  (4) The Tribunal shall keep a register of all certificates that it issues and of their dates of issue.

• Marginal note:Effects of certification

  (5) After certification of an artists’ association in respect of a sector,

  • (a) the association has exclusive authority to bargain on behalf of artists in the sector;

  • (b) the certification of any association that previously represented artists in the sector is revoked in so far as it relates to them; and

  • (c) the association is substituted as a party to any scale agreement that affects artists in the sector, to the extent that it relates to them, in place of the association named in the scale agreement or its successor.

Marginal note:Application for revocation

• 29. (1) An artist in a sector may apply to the Tribunal for an order revoking an association’s certification in respect of that sector

  • (a) on the ground that the association’s by-laws contravene the requirements of subsection 23(2), at any time; and

  • (b) on the ground that that association is no longer the most representative of artists in the sector, or has failed to make reasonable efforts to conclude a scale agreement,

    • (i) in the three months immediately preceding the date that the association’s certification or a renewed certification is to expire, where at least one scale agreement is in force in respect of the sector, or

    • (ii) after one year, or such shorter period as the Tribunal may fix on application, after the date of the certification or a renewed certification of the association, where no scale agreement is in force.

• Marginal note:Stay of proceedings

  (2) The Tribunal may stay any proceedings for revocation of the certification of an artists’ association under paragraph (1)(a) where the association adopts by-laws that meet the requirements of subsection 23(2) within any period that the Tribunal may specify.

• Marginal note:Date of revocation

  (3) Revocation of certification is effective from the date of the Tribunal’s determination to revoke it or, where an association fails to adopt by-laws within a period specified by the Tribunal pursuant to subsection (2), on the expiration of that period.

• Marginal note:Effect of revocation

  (4) Any scale agreement for a sector in respect of which the certification of an artists’ association has been revoked ceases to have effect from the date of revocation or from any later date that the Tribunal may specify.