Complaint

The Right to Make a Complaint

Under section 53 of the Status of the Artist Act (Act) an artist, an artists' association, a producer or producers' association can file a complaint with the Board.

What kinds of complaints can be made to the Board?

The Act contains a number of obligations and prohibitions which apply to artists, artists' associations, producers and producers' associations.

A violation of one or more of these obligations or prohibitions can form the basis for a complaint.

Examples of complaints that could be brought forward

Complaints against an artist
  • participating in, authorizing or applying pressure tactics against a producer before the commencement of the legal period for such tactics (section 46).
Complaints against an artists' association
  • 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 a producer or a producers' association
  • 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.

More information on complaints that can be filed by an artist

More information on complaints that can be filed by an artist's association

More information on complaints that can be filed by a producer or producers' association

The notice of a complaint form is available in PDF Format PDF and MS-Word Format MS Word.

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