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

Regulations are current to 2021-06-28 and last amended on 2014-11-01. Previous Versions

General Provisions (continued)

Manner of Filing and Service of Documents

  •  (1) A document that is required by these Regulations to be filed with the Board or served on any person, or the person’s authorized representative, must be filed or served

    • (a) by hand, to the recipient;

    • (b) by mail to the address for service, as described in subsection (2);

    • (c) by transmission through electronic means that provides proof of receipt of the document; or

    • (d) by any other manner that the Board authorizes.

  • (2) In paragraph (1)(b), the address for service is

    • (a) in the case of the Board, the address of an office of the Administrative Tribunals Support Service of Canada that is identified as a Board office; and

    • (b) in the case of any other person, the address of the person that appears in any notice issued by the Board in the proceeding in respect of which service is being made or, if no address appears in the notice, the last known address of the person.

  • (3) A document that is transmitted by electronic means in accordance with paragraph (1)(c) must include the following:

    • (a) the name, postal and email addresses and telephone and fax numbers of the person transmitting the document;

    • (b) the name, postal and email addresses and telephone and fax numbers of the person to whom the document is being transmitted;

    • (c) the date and time of transmission; and

    • (d) the total number of pages being transmitted.

  • SOR/2014-242, s. 1

Filing of Documents — Oral Hearing

  •  (1) A participant that intends to present evidence at an oral hearing must file with the Board six copies, or the number of copies that the Board may specify, of the following:

    • (a) all documents that the participant intends to present as evidence, including any document filed with the application, response or reply, as the case may be, in one or more tabbed books; and

    • (b) a list of witnesses expected to be called that includes their names and occupations, along with a summary of the information that is expected to be provided on issues raised in the application, response or reply.

  • (2) The documents referred to in subsection (1) must be filed

    • (a) no later than 10 days before the day on which the hearing is scheduled, in the case of the applicant; or

    • (b) no later than eight days before that day, in the case of the respondent and the intervenor.

  • (3) The documents referred to in subsection (1) must be served on all other participants within the applicable time period as set out in subsection (2).

  • (4) If a participant does not comply with subsection (1), (2) or (3), the Board may refuse to consider any document or hear any witness that is presented by the participant at the hearing.

  • (5) The Board may require that the participant submit to it, in advance of the hearing, the authorities and arguments on which the participant intends to rely.

Date of Filing

 The date of filing of any document with the Board is

  • (a) in the case of a document sent by registered mail, the date on which it is mailed; and

  • (b) in any other case, the date on which the document is received by the Board.

Production of Documents

  •  (1) A participant may, at any time before a hearing, request that another participant produce any document relevant to the proceeding.

  • (2) If that other participant fails to produce the document within 10 days after the day on which the request is received, the participant that made the request may apply to the Board for an order requiring its production.

  • (3) If that other participant fails to comply with a request made under subsection (1) or an order referred to in subsection (2), the Board may order the participant to pay the costs of any adjournment of the proceedings that results from the failure.

Confidentiality of Documents

  •  (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

 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.

  • SOR/2014-242, s. 2

Evidence of Artists’ Wishes

 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

 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

  •  (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

  •  (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

  •  (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.

 
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