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

Certification Order

36 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

• 37 (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 participants in the proceeding that led to the determination or order.

Content of Application

38 An application referred to in sections 35 to 37 must include the following:

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

• (b) the name, postal and email addresses and telephone of any artists’ association or producer affected by the determination or order;

• (c) the file number assigned to the application by the Board 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

• 39 (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 number of the applicant and of their authorized representative, if any;

  • (b) the name, postal and email addresses and telephone number 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

40 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

• 41 (1) The Board may, of its own motion or on application of a non-complying participant, allow a participant to comply with a rule of procedure under these Regulations within the time period specified by the Board.

• (1.1) If the participant fails to comply within the time period specified, the Board may

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

  • (b) determine the application without further notice, if the participant is the respondent.

• (2) If a participant does not attend a case management conference after having been given notice, the Board may determine any question in the participant’s absence.

Dispensing with Compliance

42 The Board may, of its own motion or on application of a participant, excuse a participant from complying with any provision of these Regulations in order to ensure that a proceeding is dealt with informally and expeditiously.

Transitional Provisions

• 43 (1) These Regulations apply in respect of all proceedings before the Board that are pending on the day on which these Regulations come into force.

• (2) [Repealed, SOR/2025-206, s. 32]

Repeal

44 [Repeal]

Coming into Force

45 These Regulations come into force on the day on which they are registered.