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Status of the Artist Act

Version of section 40 from 2002-12-31 to 2013-03-31:

Marginal note:Procedure

  •  (1) The arbitrator or arbitration board shall decide the procedure for hearings, and the parties shall be given the opportunity to present evidence and make submissions and may be represented by counsel or an agent.

  • Marginal note:Determination of arbitration board

    (2) Where a difference described in subsection 36(1) is submitted to an arbitration board, the majority of the board shall determine the issue, but if the majority cannot agree, the chairperson’s decision is the determination of the board.

  • Marginal note:Arbitration costs, fees and expenses

    (3) Where the parties submit a difference described in subsection 36(1) to an arbitrator or an arbitration board, unless otherwise provided in the scale agreement or agreed by the parties, each party shall pay

    • (a) its own costs and the fees and expenses of any member of an arbitration board that it nominates; and

    • (b) an equal portion of the fees and expenses of the arbitrator or arbitration board chairperson, whether selected by the parties or their nominees or appointed by the Minister under this Part.

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