Filing of a Complaint by a Producer
The right to make a complaint
Under section 53 of the Status of the Artist Act (Act) a producer or producers' association can file a complaint with the Board.
What kinds of complaints can a producer or producers' association make to the Board?
The Act contains a number of obligations and prohibitions that apply to artists' associations and to artists. A producer or producers' 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 an artists' association for:
- violating the duty to bargain in good faith and make every reasonable effort to enter into a scale agreement (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);
- bargaining for the purpose of entering into a scale agreement in respect of a sector, when the artists' association knows that another artists' association has been certified to bargain in respect of that sector (section 51);
- bargaining for the purpose of entering into a scale agreement with a producer that the artists' association knows is represented by a producers' association recognized by the Board (section 51);
- requiring a producer to terminate the contract of an artist because he or she has been expelled or suspended from membership in the association for a reason other than a failure to pay regular dues and fees (section 51);
- taking disciplinary action against or imposing a penalty on an artist in a discriminatory manner (section 51);
- expelling or suspending an artist from membership or taking disciplinary action or imposing a penalty against the artist, for refusal to do something that is contrary to the Act (section 51);
- discriminating unfairly against an artist with respect to becoming or continuing as a member of the association or being expelled from it (section 51);
- intimidating, coercing or imposing a penalty on an artist because the artist has exercised his or her rights under the Act (section 51);
- 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).
Complaints against an artist for:
- participating in, authorizing or applying pressure tactics against a producer before the commencement of the legal period for such tactics (section 46).
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 following information:
- 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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