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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

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.

 
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