Long Description for Steps in the Negotiation Process

The pictogram shows the steps in the negotiation process under the Status of the Artist Act. The first step to start the negotiation process is to send a notice to bargain to the other party. Here, two outcomes are possible. One is that the parties meet to bargain within the 20 days required by law (or at a mutually agreed-upon later date) and the other is that the parties do not meet to bargain.

If the parties do meet to bargain, here are the possible outcomes:

  • they enter into negotiation and reach an agreement*
  • they enter into negotiations and fail to reach an agreement
    • the Minister of Labour may appoint a mediator and the parties may reach an agreement*
    • pressure tactics may be applied by either party (time limits are defined by section 46 of the Act; the duty to bargain in good faith continues) and the parties may reach an agreement*
    • either solutions may be applied without success and a party or both parties may consider that there has been failure to bargain in good faith and file a complaint. In this case, the Tribunal could schedule a hearing to hear the complaint and, if the complaint is upheld, file a remedial order to the Federal Court.

If the parties do not meet to bargain after a notice to bargain has been sent, here are the possible outcomes:

  • the parties fail to bargain and fail to reach an agreement
    • the Minister of Labour may appoint a mediator and the parties may reach an agreement*
    • pressure tactics may be applied by either party (time limits are defined by section 46 of the Act; the duty to bargain in good faith continues) and the parties may reach an agreement*
    • either solutions may be applied without success and a party or both parties may consider that there has been failure to bargain in good faith and file a complaint. In this case, the Tribunal could schedule a hearing to hear the complaint and, if the complaint is upheld, file a remedial order to the Federal Court.

*The agreement must contain binding arbitration provision. A copy must be filed with Minister of Labour.

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