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

Confidentiality of Artists’ Wishes

17 Despite any other provision of these Regulations, the Board, or an employee of the Administrative Tribunals Support Service of Canada who is authorized to act on behalf of the Board, must not disclose evidence that could reveal membership in an artists’ association, opposition to the certification of an artists’ association or the wish of any artist to be represented, or not to be represented, by an artists’ association, unless the disclosure would further the purpose of Part II of the Act.

Evidence of Artists’ Wishes

18 An artist’s membership in an artists’ association is evidence that the artist wishes to be represented by that artists’ association for the purposes of the Act.

Proceedings Consolidated or Heard Consecutively

19 The Board may order that two or more proceedings be consolidated, heard together or heard consecutively.

Case Management Conference

• 19.1 (1) The Board may schedule a case management conference to resolve any matters, including those of an administrative or procedural nature, in respect of a proceeding.

• (2) A case management conference may be held in person or by teleconference, videoconference or any other form of electronic communication.

Notice of Oral Hearing

• 20 (1) If the Board determines that an oral hearing is necessary, it may give notice of the hearing by any available means.

• (2) The Board must give not less than 15 days’ notice of an oral hearing to the participants, unless the participants consent to a shorter notice.

• (3) If a participant fails to appear after having been given notice, the Board may proceed and dispose of the matter in that participant’s absence.

Summons

• 21 (1) A request for a summons must be made to the Board in writing and include the following:

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

  • (b) the name and address of the person to be summoned;

  • (c) the date on which the person is required to appear;

  • (d) the reason for the summons; and

  • (e) a detailed description of any document or item that the person being summoned must bring with them to the oral hearing, and an indication of how the document or item is relevant to the proceeding.

• (2) A participant that requests a summons must serve it by hand on the person at least five days before the person is required to appear, unless the Board directs otherwise.

• (3) The participant that requests a summons is responsible for paying the witness’s expenses and fees, in accordance with section 64 of the Act.

• (4) [Repealed, SOR/2025-206, s. 16]

• (5) [Repealed, SOR/2025-206, s. 16]

22 [Repealed, SOR/2025-206, s. 17]

Certification Proceedings

Application for Certification

• 23 (1) An application for certification 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) a general description of the sector for which certification is sought;

  • (c) an estimate of the number of artists working in the proposed sector;

  • (d) an estimate of the number of members of the applicant who work in the proposed sector;

  • (e) a current copy of the applicant’s membership list that is certified by the applicant’s authorized representative and that indicates

    • (i) each member’s name and current postal address, and

    • (ii) if the applicant also represents individuals who do not work within the proposed sector, a list of the members who work within the proposed sector;

  • (f) a copy of any scale agreement in force affecting the proposed sector;

  • (g) a copy of the applicant’s constitution, articles of association or by-laws, as the case may be, which is to be certified by the applicant’s authorized representative;

  • (h) evidence that the membership authorizes the applicant to apply for certification;

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

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

  • (k) the date of the application.

• (2) The information referred to in paragraphs (1)(d) and (e) must be filed with the Board as separate documents marked “Confidential/Confidentiel”.

Public Notice

• 24 (1) The Board must publish a notice of the application for certification in the Canada Gazette, Part I, or provide the notice through any other means that the Board considers appropriate.

• (2) The notice must indicate the applicant’s name, the file number assigned to the application by the Board, a description of the proposed sector and the time period for filing competing applications and notices of intervention from artists, artists’ associations, producers and other interested persons in respect of the proposed sector.

• (3) The time period referred to in subsection (2) must be at least 30 days after the day on which the notice is published or provided.

Notice of Intervention as of Right

• 25 (1) An artist, artists’ association or producer that intervenes in an application for certification under subsection 26(2) or 27(2) of the Act must file a notice of intervention with the Board.

• (2) A notice of intervention must be filed in writing within the time period specified in the notice published or provided under subsection 24(1) and include the following:

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

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

  • (c) a written submission from the intervenor that includes an explanation of their interest in the application and their position with respect to that application;

  • (d) the signature of the intervenor or of their authorized representative; and

  • (e) the date of filing of the notice of intervention.

• (3) A response to the intervenor’s submission must be filed within 10 days after the day on which the submission 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.

Subsequent Application for Certification

26 If the Board rejects an application to certify an artists’s association, that association may not submit a new application for certification in respect of the same or substantially the same sector until six months after the day on which the previous application was rejected.

Representation Votes

• 27 (1) If the Board orders that a representation vote be taken, the Board must appoint a Returning Officer.

• (2) The Returning Officer may give directions to ensure the proper conduct of the vote and must report the results of the vote to the Board.

• (3) The Returning Officer may appoint one or more employees of the Administrative Tribunals Support Service of Canada to assist in the conduct of the vote.

Revocation of Certification

Application for Revocation of Certification

28 An application for the revocation of an artists’ association’s certification 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 of the artists’ association that holds the certification that the applicant seeks to revoke;

• (c) a description of the sector within which the applicant works and in respect of which the artists’ association has been certified;

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

• (e) the determination or order sought;

• (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 applicant or of their authorized representative; and

• (i) the date of the application.

Notice of Application for Revocation of Certification

29 The Board must provide the affected artists’ association with a copy of the application for revocation of certification.

Subsequent Application for Revocation of Certification

30 If the Board rejects an application for the revocation of an artists’ association’s certification, a new application for revocation in respect of the same sector may not be submitted until six months after the day on which the previous application was rejected.

Joint Application to Change Termination Date of Scale Agreement

31 A joint application to change the termination date of a scale agreement must include the following:

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

• (b) a copy of all scale agreements between the parties, whether in force or expired, and any other document that the joint applicants consider relevant to the application;

• (c) the signature of each joint applicant or of their authorized representative; and

• (d) the date of the application.

Complaints

32 A complaint made under section 53 of the Act must include the following:

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

• (b) the name, postal and email addresses and telephone number of the person or organization that is the object of the complaint, and of any person who may be affected by the complaint, if their contact information is known;

• (c) the provision of the Act on which the complaint is based;

• (d) the date on which the complainant first knew of the actions or circumstances giving rise to the complaint;

• (e) full particulars of any measures taken by the complainant to resolve the situation that gave rise to the complaint;

• (f) the grounds for the complaint and full particulars of the relevant facts;

• (g) the date and a description of any order or determination of the Board relating to the complaint;

• (h) a description of the remedy sought by the complainant;

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

• (j) a copy of any supporting document;

• (k) the signature of the complainant or of their authorized representative; and

• (l) the date of the complaint.

Declaration Respecting Pressure Tactic

33 An application for a declaration of an unlawful pressure tactic under subsection 47(1) or section 48 of the Act 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 any artist, artists’ association or producer that may be affected by the application;

• (c) a reference to the provision of the Act under which the application is being made;

• (d) the question that the applicant wishes to have the Board determine or the nature of the declaration that the applicant is seeking;

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

• (f) the date and a description of any order or determination of the Board relating to the application;

• (g) the effective date and expiry date of any scale agreement in force or expired that applies to the artists in the existing sector;

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

• (i) a copy of any supporting document;

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

• (k) the date of the application.

Referral of Question by Arbitrator or Arbitration Board

• 34 (1) If an arbitrator or arbitration board refers a question to the Board under section 41 of the Act, the Board must give notice to the parties to the arbitration.

• (2) Each party to the arbitration must, within 15 days after the day on which the notice of the referral of a question is received, file a written submission that must include the following:

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

  • (b) the party’s position with respect to the question referred to the Board, the grounds for the party’s position and full particulars of the relevant facts;

  • (c) the determination or order sought;

  • (d) a copy of any supporting document;

  • (e) the signature of the party or of their authorized representative; and

  • (f) the date of filing of the submission.

• (3) Each party must serve a copy of its submission and documents on all other parties.

• (4) Each party may respond to any other party’s submission within 10 days after the day on which the submission to which the response relates is filed.

Application for Review of Board Determination or Order

Determination of Sector

• 35 (1) An application for review of a Board determination of a sector for the purpose of enlarging, modifying or clarifying the scope of the sector may be filed at any time by a certified artists’ association or producer affected by the determination.

• (2) The Board must publish a notice of the application for review in the Canada Gazette, Part I, or provide the notice through any other means that the Board considers appropriate if the review might result in an enlargement of the sector.

• (3) The notice must indicate the name of the applicant, the file number assigned to the application by the Board, a description of the proposed sector and the time period for filing notices of intervention from artists, artists’ associations, producers and other interested persons in respect of the proposed sector.