- SHORT TITLE
- PART I
- PART II
- Interpretation
- Application
- Purpose
- Freedom of Association
- Exclusions and Presumptions
- Canadian Artists and Producers Professional Relations Tribunal
- Establishment
- Establishment
- Appointment
- Term of office
- Re-appointment
- Appointment excludes other duties
- Conflict of interest
- Powers of the Chairperson
- By-laws
- Delegation
- Acting Chairperson
- Idem
- Remuneration and expenses
- Members deemed public servants
- Head office
- Meetings and quorum
- Determination of the Tribunal
- Uncontested matter
- Participation of former member in determination
- Where member’s participation not possible
- Employees
- Powers
- Criteria for Application
- Proceedings
- Review and Enforcement of Determinations and Orders
- Establishment
- Certification of Artists’ Associations
- Bargaining and Scale Agreements
- Notice to Bargain
- Duration and Effect of Scale Agreements
- Content and Interpretation of Scale Agreements
- Provision for settlement without pressure tactics
- Where arbitrator to be appointed
- Submission of difference to arbitration
- Request to Minister to appoint arbitrator or arbitration board chairperson
- Appointment by Minister
- Presumption
- Determinations not to be reviewed by court
- Status of arbitrator or arbitration board
- Copy to be filed with Minister
- Powers of arbitrator and arbitration board
- Idem
- Procedure
- Determination of arbitration board
- Arbitration costs, fees and expenses
- Questions may be referred to Tribunal
- Arbitration proceeding not suspended
- Filing of determination in Federal Court
- Registration
- Provision for settlement continues in force
- Power of arbitrator where agreement terminates
- Compulsory Check-off
- Settlement of Labour Disputes
- Prohibitions and Remedies
- TRANSITIONAL
- CONSEQUENTIAL AMENDMENTS
- COMING INTO FORCE
- AMENDMENTS NOT IN FORCE
Status of the Artist Act (1992, c. 33)
Act current to January 25th, 2011
Attention: See coming into force provision and notes, where applicable.
Status of the Artist Act
1992, c. 33
[Assented to June 23rd, 1992]
An Act respecting the status of the artist and professional relations between artists and producers in Canada
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Status of the Artist Act.
PART I
GENERAL PRINCIPLES
PROCLAMATION AND POLICY CONCERNING THE STATUS OF THE ARTIST
Proclamation
2. The Government of Canada hereby recognizes
(a) the importance of the contribution of artists to the cultural, social, economic and political enrichment of Canada;
(b) the importance to Canadian society of conferring on artists a status that reflects their primary role in developing and enhancing Canada’s artistic and cultural life, and in sustaining Canada’s quality of life;
(c) the role of the artist, in particular to express the diverse nature of the Canadian way of life and the individual and collective aspirations of Canadians;
(d) that artistic creativity is the engine for the growth and prosperity of dynamic cultural industries in Canada; and
(e) the importance to artists that they be compensated for the use of their works, including the public lending of them.
Policy statement
3. Canada’s policy on the professional status of the artist, as implemented by the Minister of Canadian Heritage, is based on the following rights:
(a) the right of artists and producers to freedom of association and expression;
(b) the right of associations representing artists to be recognized in law and to promote the professional and socio-economic interests of their members; and
(c) the right of artists to have access to advisory forums in which they may express their views on their status and on any other questions concerning them.
1992, c. 33, s. 3; 1999, c. 31, s. 192.
CANADIAN COUNCIL ON THE STATUS OF THE ARTIST
Establishment
4. (1) The Minister of Canadian Heritage shall establish a Canadian Council on the Status of the Artist, composed of seven to twelve part-time members, including a Chairperson, one or two Vice-chairpersons and not more than nine other members, to be appointed by the Governor in Council on the recommendation of the Minister and to hold office during pleasure of the Governor in Council.
Mandate
(2) The mandate of the Council is
(a) to provide information and advice to the Minister of Canadian Heritage in order to ensure the highest quality of decision-making in respect of artists in Canada;
(b) to defend and promote the professional status of artists in Canada;
(c) to maintain close contacts with associations representing artists across Canada in various disciplines of the arts in order better to assess artists’ needs and propose useful responses;
(d) to propose measures, based on research and studies, to improve the professional working conditions of artists; and
(e) to carry out such studies as the Minister of Canadian Heritage may direct.
Report
(3) The Council shall submit to the Minister of Canadian Heritage, by May 31 of each year, a report of its activities during the previous fiscal year, including any studies that the Minister directed it to carry out.
Remuneration
(4) Each Council member shall be paid reasonable travel and other expenses incurred while performing the member’s duties, and shall receive such fees for attendance at Council meetings as the Governor in Council may fix.
1992, c. 33, s. 4; 1995, c. 11, s. 38; 1999, c. 31, s. 193(E).
PART II
PROFESSIONAL RELATIONS
INTERPRETATION
Definitions
5. In this Part,
“artist” « artiste »
“artist” means an independent contractor described in paragraph 6(2)(b);
“artists’ association” « association d’artistes »
“artists’ association” means any organization, or a branch or local thereof, that has among its objectives the management or promotion of the professional and socio-economic interests of artists who are members of the organization, and includes a federation of artists’ associations;
“Minister” « ministre »
“Minister” means the Minister of Labour;
“party” « partie »
“party” means
(a) in respect of the entering into, renewal or revision of a scale agreement or in respect of a difference in relation to the interpretation, application, administration or alleged breach thereof, the producer or the artists’ association, and
(b) in respect of a complaint made to the Tribunal, the complainant or the person or organization that is the object of the complaint;
“pressure tactic” « moyen de pression »
“pressure tactic” includes
(a) a cessation of work or a refusal to work or to continue to work by artists or artists’ associations in combination, in concert or in accordance with a common understanding, and a slowdown of work or other concerted activity by artists or artists’ associations respecting the provision of their services, done to compel a producer to agree to terms or conditions of engagement, or
(b) the closing of a place of work, a suspension of production or a refusal to continue the engagement of one or more artists by a producer, done to compel artists, or to assist another producer to compel artists, to agree to terms or conditions of