Application for Review
What kinds of review applications can be filed?
Reconsideration of a Board decision
A party affected by a decision or order of the Board may make a written application to the Board for a review of that decision or order on the grounds that:
- the Board's determination or order contains an error of law or a serious error of fact; or
- the applicant has new information or evidence that was not available at the time the decision or order was originally made, and which could alter the basis on which the determination or order was made.
Review of a sector determination
The certified artists' association or a producer affected by a Board decision prescribing the sector suitable for bargaining may apply in writing to the Board for a review of the sector determination. The purpose of such applications may be to enlarge, modify or clarify the scope of the sector determination. Such applications can be made at any time.
Updating a certification order
An artists' association that has been certified to represent artists in a specific sector may apply to the Board for an order updating the certification order to reflect routine matters such as a change in the association's name or the terminology used to describe the sector. Ordinarily, the purpose of such applications is merely to request that the Board update its order to reflect the current status quo. Such applications can be made at any time.
When can an application be made?
An application for reconsideration of a Board decision should be made within 30 calendar days of the date of the original determination or order. If this time period is exceeded, the applicant must provide a compelling reason why this time limit should be waived.
It should be noted that the filing of an application for reconsideration of a Board decision or order does not extend or affect the time limits imposed by theFederal Court regarding the filing of an application for judicial review of the decision.
A party seeking judicial review of a Board decision must apply within the time period established by the Federal Court. If the party applies to have the Board reconsider the decision, its allowable time for seeking judicial review by the Federal Court of the decision does not change, and the time period commences with the date of the original decision, not the date on which the Board concludes its reconsideration.
More information on an application for review
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