Status of the Artist Act-Certification, Revocation, and Intervenors

Table of contents

    What is the Status of the Artist Act, and what does it do?

    The Status of the Artist Act (the Act) is federal legislation that provides the legal structure for the certification of artists’ associations to represent self-employed artists in the negotiation of their pay, benefits and working conditions with producers who use their services. An artist can be, for example:

    • a visual artist;
    • a performance artist;
    • an author; or,
    • a musician.

    Who does the Status of the Artist Act apply to?

    • The Act applies to self-employed artists and to those who contribute to the production of the artists’ work.  
    • The Act applies to federal government departments as well as to broadcasting organizations who use the artists’ services. These federal government departments and broadcasting organizations are referred to as “producers” in the Act.  For a full list of federal government departments click here.
    • Examples of federally regulated producers include radio and television broadcasters.  
    • The Act does not apply to employees of federal departments and broadcasting organizations.  

    What is certification under the Status of the Artist Act?

    • Certification under the Status of the Artist Act is recognition by the Canada Industrial Relations Board (the Board) that an artists’ association represents a group of self-employed artists. The group of artists that is represented is called a “sector,” the description of which will be in the certification order.  
    • Once an artists’ association is certified, it has the exclusive right to represent self-employed artists in the designated sector in collective bargaining and in their relations with federally regulated producers.
    • Certification allows the artists’ association to negotiate the pay, benefits and working conditions of the self-employed artists in its sector with producers or a producers’ association. These agreements are called scale agreements.

    What is a producers’ association?

    • Producers can form associations to participate in negotiations and enter into scale agreements with artists’ associations. 
    • Although certification is not required, the producers’ association must file a membership list with the Board, keep it up to date, and send a copy of it to every artists’ association with which it is obligated to bargain.

    How does an artists' association get certified?

    • The artists’ association must file an application with the Board to become certified to represent self-employed artists in the sector described in its application.  
    • To be successful, the artists’ association must prove that the sector that it has applied to represent is suitable for bargaining. To make that decision, the Board will look at:
      • whether the artists in the sector share common interests;
      • the bargaining history between the artists or artists’ associations and the producer or producers’ association involved; and, 
      • geographic and linguistic factors.  
    • The Board will certify the artists’ association if it finds that it is the most representative of artists in the designated sector. 

    When can an artists’ association apply for certification?

    The rules around when an artists’ association can apply for certification are very important to know before applying:

    When a sector is not represented by any artists’ association: When a sector is already represented by an artists’ association:
    • If an artists’ association has not already been certified to represent the artists in the sector identified in the application, an application can be filed at any time. 
    • If the artists’ association that represents the sector has not yet entered into a scale agreement, the application can be made after one year has passed since the Board issued its certification order or the last renewal.
    • If the artists’ association that represents the sector has entered into at least one scale agreement, the application can be made in the three-month period before the automatic renewal of the certification.

     

    How do I know if the sector is already represented by an artists’ association?

    • The Board keeps a record of the certification orders that it makes. This information can be found in the Certification Register on the Board’s Decisions page.  
    • The Register identifies the artists’ associations that have been certified, links to the certification order where you can find a description of the sector that the artists’ association represents and indicates the date of certification or the date of the last renewal, whichever is later.

    How does an artists’ association apply for certification?

    • It is strongly recommended that Artists’ associations use the Application for Certification form . The form contains the information that the Board needs to make a decision, and helps you make sure that the information that you are filing is complete.
    • If you do not file all of the information that the Board needs, it will take the Board longer to process your application. 
    • In some cases, not filing all of the information that the Board needs can result in your application being dismissed without the opportunity to make any further submissions.
    • All documents, including applications and all supporting documents are filed using the Board’s E-filing Web Portal. This is the fastest and most accurate way to file documents with the Board.  
    • You do not need to send the Board a paper copy of documents that have been e-filed with the Board. If you need assistance with the E-Filing Web Portal, you can contact the Board directly using its 1-800 line or online inquiry form. The Board’s contact information can be found here.   

    What to include in the application for certification?

    • An artists’ association seeking to be certified by the Board needs to file the following information with the Application for Certification:
      • A copy of the membership list certified by the authorized representative of the artists’ association;
        • The list must include the full name and address of each member. 
        • If the artists’ association also represents members from other sectors, it must provide a list that indicates the members who are in the proposed sector.
      • A copy of any scale agreements in force affecting the proposed sector;
      • A copy of the artists’ association's by-laws that:
        • set out the membership rules for artists who wish to join the artists’ association;
        • give the members the right to participate in votes in the meetings of the artists’ association and the votes to ratify the scale agreement;
        • give the members the right to access the artists’ association’s financial statements to the end of the previous fiscal year;
        • do not discriminate against an artist in a way that prevents the artist from being a member of the association;
      • Proof that the membership has authorized the artists’ association to apply for certification.

    How long does it take to get a certification order?

    • The Board must give public notice of all applications for certification that are received. The public notice must indicate the period during which another artists’ association can file an application to represent the sector.  
    • The Board cannot proceed with the application for certification until after the expiry of the notice period, which must be at least 30 calendar days.  
    • The Board expedites certification applications. For information on the average time that it takes for a decision to be issued from the date that the Board receives a file, check the Board’s performance statistics.

    Why is public notice required?

    • Public notice gives artists, other artists’ associations, producers, and other persons interested in the sector an opportunity to file competing applications or to make submissions to the Board about the application.  

    Who can make submissions in relation to the application for certification?

    • Artists who are included in the proposed sector can make submissions to the Board on whether that sector is suitable for bargaining and whether the artists’ association truly represents the members within it.
    • Other artists’ associations can make submissions to the Board on whether the proposed sector is suitable for bargaining and whether the artists’ association truly represents the members within it. 
    • Producers can make submissions to the Board only on the issue of whether the proposed sector is suitable for bargaining. 

    To participate in the application, artists who are included in the proposed sector, artists’ associations or producers (also called the intervenors) must file a Notice of Intent to Participate by the date set out in the public notice period. 

    Other persons who are interested in the application can make submissions to the Board as long as they ask for and are given permission by the Board. To do so, they must file an Application for Intervenor form in the 15-day period following the notice of application or during the public notice period.

    Participants have 10 calendar days to respond to the request to intervene, and the person requesting to intervene has 5 calendar days to file a reply. 

    How do potential intervenors file submissions or requests to be granted intervenor status?

    • Persons wanting to make submissions should use the Notice of Intent to Participate/Application for Intervenor form and submit it to the Board using the E-Filing Web Portal that is on the Board’s website.  
    • The person wanting to intervene must send their completed Notice of Intent to Participate/Application for Intervenor to the other parties before sending it to the Board.  They should also indicate how and when the form was sent to the other parties. 
    • This form lists all the information that the Board needs to make its decision. Completing it carefully will help make sure that the Board has the necessary information. Incomplete applications may cause delays in the process.
    • When documents are filed electronically using the E-Filing Web Portal, a paper copy does not need to be filed.

    Will there be a hearing to decide on certification?

    • Hearings are not usually held. In most cases, the Board can make its decision based on the documents filed, without holding a hearing. This is part of the reason why written submissions should be as complete as possible.
    • The Board has discretion to decide whether to hold a hearing, even if the participants request one. 
    • If the Board decides to hold a hearing, the participants will be informed of the date and location in advance. If possible, the participants are consulted regarding scheduling.  For more information about the hearing process, click here

    How long does certification last?

    • Certification is valid for 3 years from the date that the Board issues the certificate.  
    • The certification automatically renews for another 3 years unless the Board receives an application to cancel the certification (a revocation application) or an application by another artists’ association for certification to represent the same sector.  
    • If the Board receives a revocation application or an application by another artists’ association to represent the same sector, the validity of the original certification is extended until the date that the new application is accepted or rejected. 
    • If the new application is rejected, the renewal of the original certification takes effect from that date.

    How can certification be cancelled?

    • An artist who works in a sector that has been certified can apply to cancel the certification. This is called a revocation application.
    • An application for revocation can be filed at any time when the artist thinks that the association’s by-laws discriminate against the artist and prevent the artist from becoming or continuing to be a member of the association.
    • Where the grounds for revocation are that the artists’ association is no longer representative of the artists in the sector or that the association has not made reasonable efforts to enter into a scale agreement with producers:
      • an application for revocation can be filed after one year since the date of the certification of the artists’ association or of the renewal of the certification if there is no scale agreement in force; or,
      • an application for revocation can be filed in the three-month period prior to the automatic renewal of the certification if at least one scale agreement is in force.

    How do I file an application for revocation?

    • It is strongly recommended that Artists’ associations use the Application for Revocation of Certification form . The form contains the information that the Board needs to make a decision, and helps you make sure that the information that you are filing is complete.
    • If you do not file all of the information that the Board needs, it will take the Board longer to process your application. 
    • In some cases, not filing all of the information that the Board needs can result in your application being dismissed without the opportunity to make any further submissions.
    • All documents, including applications and all supporting documents are filed using the Board’s E-filing Web Portal. This is the fastest and most accurate way to file documents with the Board.  
    • You do not need to send the Board a paper copy of documents that have been e-filed with the Board. If you need assistance with the E-Filing Web Portal, you can contact the Board directly using its 1-800 line or online inquiry form. The Board’s contact information can be found here.   

    Is the information in my file confidential? 

    • Parties who file documents with the Board are participating in a public hearing. This means that the documents that are in the file are available to the public. 
    • If a party is concerned about some of the information that they are filing with the Board being available to the public, that person can ask the Board to issue a confidentiality order. If the request is granted, the information that is protected will not be publicly available. For more information, you can refer to the Board’s Policy on Openness and Privacy or contact the Industrial Relations Officer responsible for your case. 

    When will I get the decision? 

    • The Board will notify you in writing of its decision.  
    • The time that it takes the Board to issue a decision can vary depending on the complexity of the case. 
    • All important decisions of the Board are published on the Decisions page. 
    • You can consult the Board’s performance statistics for more information on the average time it takes the Board to issue a decision after an application is filed.

    Is the Board’s decision final?

    The Board’s decisions are final and can only be reviewed in very specific circumstances.

    • If you believe that a Board decision is unreasonable, you can apply to the Federal Court of Appeal for judicial review; or  
    • If you believe the Board has made a serious error and should correct its original decision, you can file an application for reconsideration.

    In both cases, there is a strict 30 calendar day deadline to file your application from the date of the decision.   

    Follow these links for more information on Applications for Reconsideration and Applications for Judicial Review.