Filing of a Complaint by an Artists' Association
Under section 53 of the Status of the Artist Act (Act) an artists' association can file a complaint with the Board.
What kinds of complaints can an artists' association make to the Board?
The Act contains a number of obligations and prohibitions which apply to producers and producers' associations. An artists' association can file a complaint following a violation of those obligations and prohibitions.
A violation of one or more of the following obligations or prohibitions can form the basis for a complaint.
Examples of complaints that could be brought forward
Complaints against a producer or a producers' association for:
- violating the duty to bargain in good faith and make every reasonable effort to enter into a scale agreement (section 32);
- changing the terms and conditions contained in the scale agreement without consent, before the time permitted (section 32);
- failing to provide a timely response and to begin bargaining, once a notice has been issued (section 32);
- participating in, authorizing or applying pressure tactics against an artist or artists' association before the commencement of the legal period for such tactics (section 46);
- refusing to engage an artist or honour an artist's contract, or discriminating against, intimidating, threatening or disciplining an artist because he or she has exercised any rights to which he or she is entitled under the Act (section 50);
- imposing a condition in a contract of engagement that prevents an artist from exercising certain rights (section 50);
- terminating an artist's contract, or imposing a penalty or taking disciplinary action against an artist (section 50);
- seeking by intimidation, threat, or imposition of a penalty to compel a person to refrain from becoming or to cease to be a member of an artists' association (section 50);
- terminating the contract of, or imposing any penalties on, an artist engaged by a producer, or taking any disciplinary action because of the artist's refusal to perfom a prohibited act (section 50);
- bargaining for the purpose of entering into a scale agreement or entering into a scale agreement with respect to a sector if the producer knows that another artists' association is certified in respect of that sector (section 50);
- seeking by intimidation or coercion to compel any person to become, to refrain from becoming, or to cease to be a member of an artists' association (section 52).
When can complaints be made?
Complaints must be made within six months of the date that the complainant first knew or ought to have known of the action or circumstance giving rise to the complaint.
How to make a complaint
A complaint must be made in writing and contain the followinginformation:
- the name, address, telephone number and fax number, if any, of the person making the complaint ("the complainant");
- the name, address, telephone number and fax number, if any, of the person, producer, producers' association or artists' association against whom the complaint is being made ("the respondent");
- the name, address, telephone number and fax number, if any, of any person to whom copies of correspondence concerning the complaint should be sent (e.g. complainant's representative);
- the provision of the Status of the Artist Act which the complainant feels has been violated;
- a full factual description of the events, circumstances and actions taken by the respondent which led to the complaint;
- the date on which the complainant first knew of the action or circumstances which led to the complaint;
- the details of any actions already taken by the complainant to try to resolve the complaint;
- a description of the corrective action (remedy) sought by the complainant;
- the signature of the complainant or the complainant's authorized representative;
- the date of the complaint.
The application must be accompanied by all relevant documents. Complainants may use the Form provided by the Board for the purpose of making a complaint.
Where to send the complaint
Complaints should be sent to:
Canada Industrial Relations Board
240 Sparks Street, 4th Floor West
Ottawa, Ontario K1A 0X8
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