Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Regulations are current to 2024-05-14 and last amended on 2014-11-01. Previous Versions

General Provisions (continued)

Notice of Constitutional Question

  •  (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

  •  (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

  •  (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

  •  (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

 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

  •  (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.

  • SOR/2014-242, s. 3

Revocation of Certification

Application for Revocation of Certification

 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

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

Subsequent Application for Revocation of Certification

 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

 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

 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.

Declaration Respecting Pressure Tactic

 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 and fax numbers of the applicant and of their authorized representative, if any;

  • (b) the name, postal and email addresses and telephone and fax numbers of any artist, artists’ association or producer that, in the opinion of the applicant, could have an interest in 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 description of any order or decision 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

  •  (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 file written submissions within 15 days after the day on which the notice of the referral of a question is received and must include the following:

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

    • (b) the position of the party respecting 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 submissions.

  • (3) Each party must serve a copy of its submissions and documents on the other party.

  • (4) Each party has the opportunity to respond to the other party’s submissions within 10 days after the day on which those submissions are filed.

Application for Review of Board Determination or Order

Determination of Sector

  •  (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.

Certification Order

 An application for review of a certification order may be filed by a certified artists’ association at any time in order to update that order for any purpose, including making a change to the name of that association.

Reconsideration

  •  (1) An application for reconsideration must be filed within 30 days after the day on which the determination or order is issued.

  • (2) The application must be served on all persons who were participants to the determination or order that is the subject of the application.

Content of Application

 An application for a review referred to in sections 35 to 37 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, postal and email addresses and telephone and fax numbers of any artists’ association or producer affected by the determination or order;

  • (c) the Board’s file number and the date of the determination or order;

  • (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.

Filing Determination or Order in Federal Court

  •  (1) An application to file a copy of a determination or order in the Federal Court under section 22 of the Act 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, postal and email addresses and telephone and fax numbers of any person named in, or directly affected by, the determination or order;

    • (c) a copy of the determination or order to be filed;

    • (d) the grounds for the applicant’s belief that the determination or order should be filed, including why the applicant believes that

      • (i) any person named in the determination or order has failed or is likely to fail to comply with it, and

      • (ii) filing the determination or order would serve a useful purpose;

    • (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.

  • (2) If the application states that a person named in the determination or order has failed or is likely to fail to comply with it, the applicant must serve a copy of the application on the person.

General Powers

Other Procedural Matters

 If a procedural matter that is not provided for by these Regulations arises, the Board may take any action that is consistent with these Regulations and the Act and that it considers necessary to resolve the matter.

Non-compliance

  •  (1) If a participant, after being given an opportunity to comply by the Board, fails to comply with a rule of procedure under these Regulations, the Board may

    • (a) summarily dismiss or refuse to hear the application, if the non-complying participant is the applicant; or

    • (b) decide the application without further notice, if the non-complying participant is the respondent or intervenor.

  • (2) If a participant does not attend a pre-hearing proceeding or a hearing after having been given notice, the Board may decide the matter in the participant’s absence.

 

Date modified: