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

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, on its own initiative or at the 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) order that a version or any part of the document from which the confidential information has been removed be placed on the public record;

  • (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 the participants, or only to their legal counsel or authorized representative, and that the document not be placed on the public record; or

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

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 objectives 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.

Consolidation and Severance

19 The Board may order, in respect of two or more proceedings, that they be consolidated, heard together, heard consecutively or severed.

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 Board’s file number of the proceeding 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) The participant that requests a summons must serve the summons by hand on the person to be summoned 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) A person who is summoned to an oral hearing must attend at the time and date specified, as well as each day of the hearing, unless the Board directs otherwise.

• (5) If an oral hearing is adjourned and the date on which it is to resume is not indicated at the time of the adjournment, the participant that requested the summons must notify the person summoned of the date on which the oral hearing is to resume

  • (a) at least five days before the day on which the person summoned is to appear; or

  • (b) if the Board has given less than five days’ notice of the date on which the oral hearing is to resume, within a time period that is fair and reasonable in the circumstances.

Notice of Constitutional Question

• 22 (1) If a participant intends to question the constitutional validity, applicability or operability of a statute or regulation, the participant must, as soon as the circumstances giving rise to the question become known and no later than 10 days before the day on which the question is to be argued

  • (a) serve a notice of a constitutional question on the other participants, the Attorney General of Canada and the attorney general of each province; and

  • (b) file a copy of the notice with the Board.

• (2) The notice of a constitutional question must be in the form required by the Federal Courts Rules.

Certification Proceedings

Application for Certification

• 23 (1) An application for certification must include the following:

  • (a) the name, postal and email addresses and telephone and fax numbers 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 professional freelance 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 and its by-laws both of which are certified by their 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 name of the applicant, a description of the proposed sector, and the time period for filing competing applications and expressions of interest 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 and fax numbers of the intervenor and of their authorized representative, if any;

  • (b) the Board’s file number indicated in the notice referred to in subsection 24(1);

  • (c) a written submission of the intervenor that includes a description of their interest in the matter and their position with respect to the determination sought;

  • (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 time for filing any 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 and fax numbers 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 and fax numbers 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 Board requires;

• (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 and fax numbers of the complainant and of their authorized representative, if any;

• (b) the name, postal and email addresses and telephone and fax numbers of the person or organization that is the object of the complaint, or of any person who may be affected by the complaint;

• (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 description of any order or decision 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.