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

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 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

• 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 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

• 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.

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 persons who were participants to the determination or order that is the subject of the application.

Content of Application

38 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

• 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 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

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) 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.

Dispensing with Compliance

42 The Board may, of its own motion or on application, 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) Any proceeding commenced or document filed in accordance with the Canadian Artists and Producers Professional Relations Tribunal Procedural Regulations before the day on which these Regulations come into force is not invalid merely because the proceeding or document does not conform to these Regulations.

Repeal

44 [Repeal]

Coming into Force

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