SOR/2014-17620147
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202510
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STATUS OF THE ARTIST ACTStatus of the Artist Act Procedural RegulationsThe Canada Industrial Relations Board, pursuant to section 16a of the Status of the Artist Actb, makes the annexed Status of the Artist Act Procedural Regulations.Ottawa, June 20, 2014S.C. 2012, c. 19, s. 535S.C. 1992, c. 33Interpretation
The following definitions apply in these Regulations.Act means the Status of the Artist Act. (Loi)applicant means an artist, an artists’ association or a producer that has filed an application. (demandeur)application means any application or complaint made to the Board under the Act. (demande)application for reconsideration means an application for review of a Board determination or order, other than an application for review of a Board determination of a sector referred to in subsection 35(1) or an application for review of a certification order referred to in section 36. (demande de révision)participant means any applicant, respondent or intervenor. (participant)Returning Officer means an individual who is appointed by the Board to conduct a representation vote. (directeur du scrutin)
General ProvisionsApplication
These Regulations apply in respect of all proceedings before the Board under the Act.
Computation of Time
Unless the Board specifies otherwise, time periods are calculated in calendar days.Whenever a time period calculated under these Regulations falls on a Saturday or a holiday, as defined in subsection 35(1) of the Interpretation Act, that time period is extended to the next working day.SOR/2025-206, s. 1(E)
 Order or Determination
Any member of the Board may sign an order or a determination of the Board.
Applications
An application must be filed in writing and, unless it is an application to which subsection 23(1), section 28, 31, 32, 33 or 38 or subsection 39(1) applies, must include the following:the name, postal and email addresses and telephone number of the applicant and of their authorized representative, if any;the name, postal and email addresses and telephone number of the respondent and of their authorized representative, if any;the grounds for the application and full particulars of the relevant facts;the determination or order sought;an indication of whether an oral hearing is being requested and, if so, the reason for the request;a copy of any supporting document;the signature of the applicant or of their authorized representative; andthe date of the application.SOR/2025-206, s. 2
Notice of Application
On receipt of an application, the Board must, to the extent possible, give written notice of the application to any person whose rights may be directly affected by it.The notice must include the file number assigned to the application by the Board.SOR/2025-206, s. 3
Responses
A response to an application must be filed with the Board in writing within 15 days after the day on which notice of the application is received and include the following:the name, postal and email addresses and telephone number of the respondent and of their authorized representative, if any;the file number assigned to the application by the Board;a full response to any allegations or issues raised in the application and full particulars of any additional relevant facts;the respondent’s position with respect to the determination or order sought by the applicant;the determination or order sought by the respondent;an indication of whether an oral hearing is being requested and, if so, the reason for the request;a copy of any supporting document;the signature of the respondent or of their authorized representative; andthe date of the response.A request for an extension of the time period for filing a response must be made to the Board in writing and set out the grounds for the requested extension.SOR/2025-206, s. 4
Replies
A reply to a response must be filed with the Board in writing within 10 days after the day on which the response is filed and include the following:the file number assigned to the application by the Board;a full reply to any allegations or issues raised in the response and full particulars of any additional relevant facts;the applicant’s position with respect to the determination or order sought by the respondent;an indication of whether an oral hearing is being requested and, if so, the reason for the request;a copy of any supporting document;the signature of the applicant or of their authorized representative; andthe date of the reply.A request for an extension of the time period for filing a reply must be made to the Board in writing and set out the grounds for the requested extension.SOR/2025-206, s. 5
Requests for Leave to Intervene
A request for leave to intervene in a proceeding under subsection 19(3) of the Act must be filed with the Board in writing within the time period set out in any public notice referred to in subsection 24(1) or 35(2) or, if no such public notice was published or provided, within 15 days after the day on which notice of the application is received, and must include the following:the name, postal and email addresses and telephone number of the person requesting leave to intervene and of their authorized representative, if any;the file number assigned to the application by the Board;the grounds for intervention and an explanation of the person’s interest in the proceeding, including any prejudice that the person would likely suffer if the request were denied;an indication of how the intervention will assist the Board in furthering the purpose of Part II of the Act;a copy of any supporting document;the signature of the person requesting leave to intervene or of their authorized representative; andthe date of the request.A response to the request for leave to intervene must be filed within 10 days after the day on which the request is received.A reply to the response to the request for leave to intervene must be filed within five days after the day on which the response is filed.A request for an extension of the time period for filing a document under this section must be made to the Board in writing and set out the grounds for the requested extension.SOR/2025-206, s. 6
Interventions
If the request for leave to intervene is granted, the intervenor must, within 10 days after the day on which they receive notice of the leave to intervene, file a written submission with the Board on the merits of the case that includes the following:the file number assigned to the application by the Board;full particulars of the facts and grounds with respect to the submission;the intervenor’s position with respect to any determination or order sought;the determination or order sought by the intervenor; anda copy of any supporting document.A response to the intervenor’s submission on the merits of the case must be filed within 10 days after the day on which the submission is filed.A request for an extension of the time period for filing any document under this section must be made to the Board in writing and set out the grounds for the requested extension.SOR/2025-206, s. 7
Filing and Service of Documents
Subject to section 16, a person who files a document, other than an application, with the Board must, without delay, serve a copy on all participants and any other person named in any notice that the person has received and must inform the Board, in writing, of the time and manner of service.SOR/2025-206, s. 8
Manner of Filing and Service of Documents
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 servedby hand, to the recipient;by mail to the address for service, as described in subsection (2);by transmission through electronic means that provides proof of receipt of the document; orby any other manner that the Board authorizes.In paragraph (1)(b), the address for service isin 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; andin any other case, the address of the recipient 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 recipient.A document that is transmitted through electronic means in accordance with paragraph (1)(c) must include the following:the sender’s name, postal and email addresses and telephone number;the recipient’s name, postal and email addresses and telephone number;the date and time of transmission; andthe total number of pages being transmitted.SOR/2014-242, s. 1SOR/2025-206, s. 9
Filing of Documents — Oral Hearing
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:all documents that the participant intends to present as evidence, including any document filed with the application, response, reply or written submission, as the case may be, in one or more tabbed books; anda list of witnesses that the participant intends to call that includes their names and occupations, along with a summary of the information that each witness is expected to provide on issues raised in the application, response, reply or written submission.The documents referred to in subsection (1) must be filed with the Board and served on all other participantsno later than 10 days before the day on which the hearing is scheduled, in the case of the applicant; orno later than eight days before that day, in the case of the respondent and the intervenor.[Repealed, SOR/2025-206, s. 10]If a participant does not comply with subsection (1) or (2), the Board may refuse to consider any document that the participant presents at the hearing or to hear any witness that the participant calls.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.SOR/2025-206, s. 10
Deemed Date of Filing and Service
A document is considered filed with the Board,in the case of a document sent by registered mail, on the date on which it is mailed; andin any other case, on the day on which the Board receives it.A document is considered served,in the case of a document sent by registered mail, on the date on which the acknowledgement of receipt is signed;in the case of a document sent by regular mail, on the fifth day after it is sent; andin the case of a document served by transmission through electronic means or by hand, on the day on which it is served, if that service takes place before 5:00 p.m. in the place where it is served.SOR/2025-206, s. 11
Production of Documents
A participant may, at any time before a hearing, request that another participant produce any document relevant to the proceeding.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.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 that results from the failure.SOR/2025-206, s. 12
Confidentiality of Documents
Subject to subsection (2), the Board must place a document on the public record if the document is relevant to the proceeding.The Board, of its own motion or on request of a participant, may declare that a document is confidential.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.If the Board declares that a document is confidential, the Board mayorder that the document or any part of it not be placed on the public record;[Repealed, SOR/2025-206, s. 13]order that any portion of a hearing, including any argument, examination or cross-examination, that deals with the confidential document be conducted in private;order that the document or any part of it be provided to persons that the Board designates; ormake any other order that it considers appropriate.SOR/2025-206, s. 13
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 purpose of Part II of the Act.SOR/2014-242, s. 2SOR/2025-206, s. 14
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.
Proceedings Consolidated or Heard Consecutively
The Board may order that two or more proceedings be consolidated, heard together or heard consecutively.SOR/2025-206, s. 15
Case Management Conference
The Board may schedule a case management conference to resolve any matters, including those of an administrative or procedural nature, in respect of a proceeding.A case management conference may be held in person or by teleconference, videoconference or any other form of electronic communication.SOR/2025-206, s. 15
Notice of Oral Hearing
If the Board determines that an oral hearing is necessary, it may give notice of the hearing by any available means.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.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
A request for a summons must be made to the Board in writing and include the following:the file number assigned by the Board to the application to which the summons relates;the name and address of the person to be summoned;the date on which the person is required to appear;the reason for the summons; anda 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.A participant that requests a summons must serve it by hand on the person at least five days before the person is required to appear, unless the Board directs otherwise.The participant that requests a summons is responsible for paying the witness’s expenses and fees, in accordance with section 64 of the Act.[Repealed, SOR/2025-206, s. 16][Repealed, SOR/2025-206, s. 16]SOR/2025-206, s. 16
[Repealed, SOR/2025-206, s. 17]
Certification ProceedingsApplication for Certification
An application for certification must include the following:the name, postal and email addresses and telephone number of the applicant and of their authorized representative, if any;a general description of the sector for which certification is sought;an estimate of the number of artists working in the proposed sector;an estimate of the number of members of the applicant who work in the proposed sector;a current copy of the applicant’s membership list that is certified by the applicant’s authorized representative and that indicateseach member’s name and current postal address, andif the applicant also represents individuals who do not work within the proposed sector, a list of the members who work within the proposed sector;a copy of any scale agreement in force affecting the proposed sector;a copy of the applicant’s constitution, articles of association or by-laws, as the case may be, which is to be certified by the applicant’s authorized representative;evidence that the membership authorizes the applicant to apply for certification;an indication of whether an oral hearing is being requested and, if so, the reason for the request;the signature of the applicant or of their authorized representative; andthe date of the application.The information referred to in paragraphs (1)(d) and (e) must be filed with the Board as separate documents marked “Confidential/Confidentiel”.SOR/2025-206, s. 18
Public Notice
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.The notice must indicate the applicant’s name, the file number assigned to the application by the Board, a description of the proposed sector and the time period for filing competing applications and notices of intervention from artists, artists’ associations, producers and other interested persons in respect of the proposed sector.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.SOR/2025-206, s. 19
Notice of Intervention as of Right
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.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:the name, postal and email addresses and telephone number of the intervenor and of their authorized representative, if any;the file number assigned to the application by the Board;a written submission from the intervenor that includes an explanation of their interest in the application and their position with respect to that application;the signature of the intervenor or of their authorized representative; andthe date of filing of the notice of intervention.A response to the intervenor’s submission must be filed within 10 days after the day on which the submission is filed.A request for an extension of the time period for filing a document under this section must be made to the Board in writing and set out the grounds for the requested extension.SOR/2025-206, s. 20
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
If the Board orders that a representation vote be taken, the Board must appoint a Returning Officer.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.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 CertificationApplication for Revocation of Certification
An application for the revocation of an artists’ association’s certification must include the following:the name, postal and email addresses and telephone number of the applicant and of their authorized representative, if any;the name of the artists’ association that holds the certification that the applicant seeks to revoke;a description of the sector within which the applicant works and in respect of which the artists’ association has been certified;the grounds for the application and full particulars of the relevant facts;the determination or order sought;an indication of whether an oral hearing is being requested and, if so, the reason for the request;a copy of any supporting document;the signature of the applicant or of their authorized representative; andthe date of the application.SOR/2025-206, s. 21
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:the name, postal and email addresses and telephone number of each joint applicant and of their authorized representative, if any;a copy of all scale agreements between the parties, whether in force or expired, and any other document that the joint applicants consider relevant to the application;the signature of each joint applicant or of their authorized representative; andthe date of the application.SOR/2025-206, s. 22
Complaints
A complaint made under section 53 of the Act must include the following:the name, postal and email addresses and telephone number of the complainant and of their authorized representative, if any;the name, postal and email addresses and telephone number of the person or organization that is the object of the complaint, and of any person who may be affected by the complaint, if their contact information is known;the provision of the Act on which the complaint is based;the date on which the complainant first knew of the actions or circumstances giving rise to the complaint;full particulars of any measures taken by the complainant to resolve the situation that gave rise to the complaint;the grounds for the complaint and full particulars of the relevant facts;the date and a description of any order or determination of the Board relating to the complaint;a description of the remedy sought by the complainant;an indication of whether an oral hearing is being requested and, if so, the reason for the request;a copy of any supporting document;the signature of the complainant or of their authorized representative; andthe date of the complaint.SOR/2025-206, s. 23
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:the name, postal and email addresses and telephone number of the applicant and of their authorized representative, if any;the name, postal and email addresses and telephone number of any artist, artists’ association or producer that may be affected by the application;a reference to the provision of the Act under which the application is being made;the question that the applicant wishes to have the Board determine or the nature of the declaration that the applicant is seeking;the grounds for the application and full particulars of the relevant facts;the date and a description of any order or determination of the Board relating to the application;the effective date and expiry date of any scale agreement in force or expired that applies to the artists in the existing sector;an indication of whether an oral hearing is being requested and, if so, the reason for the request;a copy of any supporting document;the signature of the applicant or of their authorized representative; andthe date of the application.SOR/2025-206, s. 24
Referral of Question by Arbitrator or Arbitration Board
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.Each party to the arbitration must, within 15 days after the day on which the notice of the referral of a question is received, file a written submission that must include the following:the name, postal and email addresses and telephone number of the party and of their authorized representative, if any;the party’s position with respect to the question referred to the Board, the grounds for the party’s position and full particulars of the relevant facts;the determination or order sought;a copy of any supporting document;the signature of the party or of their authorized representative; andthe date of filing of the submission.Each party must serve a copy of its submission and documents on all other parties.Each party may respond to any other party’s submission within 10 days after the day on which the submission to which the response relates is filed.SOR/2025-206, s. 25
Application for Review of Board Determination or OrderDetermination of Sector
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.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.The notice must indicate the name of the applicant, the file number assigned to the application by the Board, a description of the proposed sector and the time period for filing notices of intervention from artists, artists’ associations, producers and other interested persons in respect of the proposed sector.SOR/2025-206, s. 26
Certification Order
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
An application for reconsideration must be filed within 30 days after the day on which the determination or order is issued.The application must be served on all participants in the proceeding that led to the determination or order.SOR/2025-206, s. 27
Content of Application
An application referred to in sections 35 to 37 must include the following:the name, postal and email addresses and telephone of the applicant and of their authorized representative, if any;the name, postal and email addresses and telephone of any artists’ association or producer affected by the determination or order;the file number assigned to the application by the Board and the date of the determination or order;the grounds for the application and full particulars of the relevant facts;the determination or order sought;an indication of whether an oral hearing is being requested and, if so, the reason for the request;a copy of any supporting document;the signature of the applicant or of their authorized representative; andthe date of the application.SOR/2025-206, s. 28
Filing Determination or Order in Federal Court
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:the name, postal and email addresses and telephone number of the applicant and of their authorized representative, if any;the name, postal and email addresses and telephone number of any person named in, or directly affected by, the determination or order;a copy of the determination or order to be filed;the grounds for the applicant’s belief that the determination or order should be filed, including why the applicant believes thatany person named in the determination or order has failed or is likely to fail to comply with it, andfiling the determination or order would serve a useful purpose;an indication of whether an oral hearing is being requested and, if so, the reason for the request;a copy of any supporting document;the signature of the applicant or of their authorized representative; andthe date of the application.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.SOR/2025-206, s. 29
General PowersOther Procedural Matters
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
The Board may, of its own motion or on application of a non-complying participant, allow a participant to comply with a rule of procedure under these Regulations within the time period specified by the Board.If the participant fails to comply within the time period specified, the Board maysummarily dismiss or refuse to hear the application, if the participant is the applicant; ordetermine the application without further notice, if the participant is the respondent.If a participant does not attend a case management conference after having been given notice, the Board may determine any question in the participant’s absence.SOR/2025-206, s. 30
Dispensing with Compliance
The Board may, of its own motion or on application of a participant, excuse a participant from complying with any provision of these Regulations in order to ensure that a proceeding is dealt with informally and expeditiously.SOR/2025-206, s. 31
Transitional Provisions
These Regulations apply in respect of all proceedings before the Board that are pending on the day on which these Regulations come into force.[Repealed, SOR/2025-206, s. 32]SOR/2025-206, s. 32
Repeal
[Repeal]
Coming into Force
These Regulations come into force on the day on which they are registered.
SOR/2025-2062025-10-06