Status of the Artist Act Procedural Regulations (SOR/2014-176)

Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Status of the Artist Act. (Loi)

applicant

applicant means an artist, an artists’ association or a producer that has filed an application. (demandeur)

application

application means any application or complaint made to the Board under the Act. (demande)

application for reconsideration

application for reconsideration means an application for review of a Board determination or order, other than an application for review of a Board determination of a sector referred to in subsection 35(1) or an application for review of a certification order referred to in section 36. (demande de révision)

participant

participant means any applicant, respondent or intervenor. (participant)

Returning Officer

Returning Officer means an individual who is appointed by the Board to conduct a representation vote. (directeur du scrutin)

General Provisions

Application

2 These Regulations apply in respect of all proceedings before the Board under the Act.

Computation of Time

• 3 (1) Unless the Board specifies otherwise, time periods are calculated in calendar days.

• (2) Whenever a time period calculated under these Regulations falls on a Saturday or a holiday, as defined in subsection 35(1) of the Interpretation Act, that time period is extended to the next working day.

 Order or Determination

4 Any member of the Board may sign an order or a determination of the Board.

Applications

5 An application must be filed in writing and, unless it is an application to which subsection 23(1), section 28, 31, 32, 33 or 38 or subsection 39(1) applies, must include the following:

• (a) the name, postal and email addresses and telephone number of the applicant and of their authorized representative, if any;

• (b) the name, postal and email addresses and telephone number of the respondent and of their authorized representative, if any;

• (c) the grounds for the application and full particulars of the relevant facts;

• (d) the determination or order sought;

• (e) an indication of whether an oral hearing is being requested and, if so, the reason for the request;

• (f) a copy of any supporting document;

• (g) the signature of the applicant or of their authorized representative; and

• (h) the date of the application.

Notice of Application

• 6 (1) On receipt of an application, the Board must, to the extent possible, give written notice of the application to any person whose rights may be directly affected by it.

• (2) The notice must include the file number assigned to the application by the Board.

Responses

• 7 (1) A response to an application must be filed with the Board in writing within 15 days after the day on which notice of the application is received and include the following:

  • (a) the name, postal and email addresses and telephone number of the respondent and of their authorized representative, if any;

  • (b) the file number assigned to the application by the Board;

  • (c) a full response to any allegations or issues raised in the application and full particulars of any additional relevant facts;

  • (d) the respondent’s position with respect to the determination or order sought by the applicant;

  • (e) the determination or order sought by the respondent;

  • (f) an indication of whether an oral hearing is being requested and, if so, the reason for the request;

  • (g) a copy of any supporting document;

  • (h) the signature of the respondent or of their authorized representative; and

  • (i) the date of the response.

• (2) A request for an extension of the time period for filing a response must be made to the Board in writing and set out the grounds for the requested extension.

Replies

• 8 (1) A reply to a response must be filed with the Board in writing within 10 days after the day on which the response is filed and include the following:

  • (a) the file number assigned to the application by the Board;

  • (b) a full reply to any allegations or issues raised in the response and full particulars of any additional relevant facts;

  • (c) the applicant’s position with respect to the determination or order sought by the respondent;

  • (d) an indication of whether an oral hearing is being requested and, if so, the reason for the request;

  • (e) a copy of any supporting document;

  • (f) the signature of the applicant or of their authorized representative; and

  • (g) the date of the reply.

• (2) A request for an extension of the time period for filing a reply must be made to the Board in writing and set out the grounds for the requested extension.

Requests for Leave to Intervene

• 9 (1) A request for leave to intervene in a proceeding under subsection 19(3) of the Act must be filed with the Board in writing within the time period set out in any public notice referred to in subsection 24(1) or 35(2) or, if no such public notice was published or provided, within 15 days after the day on which notice of the application is received, and must include the following:

  • (a) the name, postal and email addresses and telephone number of the person requesting leave to intervene and of their authorized representative, if any;

  • (b) the file number assigned to the application by the Board;

  • (c) the grounds for intervention and an explanation of the person’s interest in the proceeding, including any prejudice that the person would likely suffer if the request were denied;

  • (d) an indication of how the intervention will assist the Board in furthering the purpose of Part II of the Act;

  • (e) a copy of any supporting document;

  • (f) the signature of the person requesting leave to intervene or of their authorized representative; and

  • (g) the date of the request.

• (2) A response to the request for leave to intervene must be filed within 10 days after the day on which the request is received.

• (3) A reply to the response to the request for leave to intervene must be filed within five days after the day on which the response is filed.

• (4) A request for an extension of the time period for filing a document under this section must be made to the Board in writing and set out the grounds for the requested extension.

Interventions

• 10 (1) If the request for leave to intervene is granted, the intervenor must, within 10 days after the day on which they receive notice of the leave to intervene, file a written submission with the Board on the merits of the case that includes the following:

  • (a) the file number assigned to the application by the Board;

  • (b) full particulars of the facts and grounds with respect to the submission;

  • (c) the intervenor’s position with respect to any determination or order sought;

  • (d) the determination or order sought by the intervenor; and

  • (e) a copy of any supporting document.

• (2) A response to the intervenor’s submission on the merits of the case must be filed within 10 days after the day on which the submission is filed.

• (3) A request for an extension of the time period for filing any document under this section must be made to the Board in writing and set out the grounds for the requested extension.

Filing and Service of Documents

11 Subject to section 16, a person who files a document, other than an application, with the Board must, without delay, serve a copy on all participants and any other person named in any notice that the person has received and must inform the Board, in writing, of the time and manner of service.

Manner of Filing and Service of Documents

• 12 (1) A document that is required by these Regulations to be filed with the Board or served on any person, or the person’s authorized representative, must be filed or served

  • (a) by hand, to the recipient;

  • (b) by mail to the address for service, as described in subsection (2);

  • (c) by transmission through electronic means that provides proof of receipt of the document; or

  • (d) by any other manner that the Board authorizes.

• (2) In paragraph (1)(b), the address for service is

  • (a) in the case of the Board, the address of an office of the Administrative Tribunals Support Service of Canada that is identified as a Board office; and

  • (b) in any other case, the address of the recipient that appears in any notice issued by the Board in the proceeding in respect of which service is being made or, if no address appears in the notice, the last known address of the recipient.

• (3) A document that is transmitted through electronic means in accordance with paragraph (1)(c) must include the following:

  • (a) the sender’s name, postal and email addresses and telephone number;

  • (b) the recipient’s name, postal and email addresses and telephone number;

  • (c) the date and time of transmission; and

  • (d) the total number of pages being transmitted.

Filing of Documents — Oral Hearing

• 13 (1) A participant that intends to present evidence at an oral hearing must file with the Board six copies, or the number of copies that the Board may specify, of the following:

  • (a) all documents that the participant intends to present as evidence, including any document filed with the application, response, reply or written submission, as the case may be, in one or more tabbed books; and

  • (b) a list of witnesses that the participant intends to call that includes their names and occupations, along with a summary of the information that each witness is expected to provide on issues raised in the application, response, reply or written submission.

• (2) The documents referred to in subsection (1) must be filed with the Board and served on all other participants

  • (a) no later than 10 days before the day on which the hearing is scheduled, in the case of the applicant; or

  • (b) no later than eight days before that day, in the case of the respondent and the intervenor.

• (3) [Repealed, SOR/2025-206, s. 10]

• (4) If a participant does not comply with subsection (1) or (2), the Board may refuse to consider any document that the participant presents at the hearing or to hear any witness that the participant calls.

• (5) The Board may require that the participant submit to it, in advance of the hearing, the authorities and arguments on which the participant intends to rely.

Deemed Date of Filing and Service

• 14 (1) A document is considered filed with the Board,

  • (a) in the case of a document sent by registered mail, on the date on which it is mailed; and

  • (b) in any other case, on the day on which the Board receives it.

• (2) A document is considered served,

  • (a) in the case of a document sent by registered mail, on the date on which the acknowledgement of receipt is signed;

  • (b) in the case of a document sent by regular mail, on the fifth day after it is sent; and

  • (c) in the case of a document served by transmission through electronic means or by hand, on the day on which it is served, if that service takes place before 5:00 p.m. in the place where it is served.

Production of Documents

• 15 (1) A participant may, at any time before a hearing, request that another participant produce any document relevant to the proceeding.

• (2) If that other participant fails to produce the document within 10 days after the day on which the request is received, the participant that made the request may apply to the Board for an order requiring its production.

• (3) If that other participant fails to comply with a request made under subsection (1) or an order referred to in subsection (2), the Board may order the participant to pay the costs of any adjournment that results from the failure.

Confidentiality of Documents

• 16 (1) Subject to subsection (2), the Board must place a document on the public record if the document is relevant to the proceeding.

• (2) The Board, of its own motion or on request of a participant, may declare that a document is confidential.

• (3) In determining whether a document is confidential, the Board must consider whether disclosure of the document would cause specific direct harm to a person and whether the specific direct harm would outweigh the public interest in its disclosure.

• (4) If the Board declares that a document is confidential, the Board may

  • (a) order that the document or any part of it not be placed on the public record;

  • (b) [Repealed, SOR/2025-206, s. 13]

  • (c) order that any portion of a hearing, including any argument, examination or cross-examination, that deals with the confidential document be conducted in private;

  • (d) order that the document or any part of it be provided to persons that the Board designates; or

  • (e) make any other order that it considers appropriate.