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Status of the Artist Act

Version of section 33 from 2002-12-31 to 2013-03-31:

Marginal note:Effect of scale agreements

  •  (1) For the term set out therein, 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 approval of the Tribunal, except where 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 Tribunal shall assess what is more favourable to the artist pursuant to 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.

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