Interventions in Tribunal proceedings

What is an intervention?

An intervention is the submission of representations concerning a matter that is before the Tribunal by a person or group who is not a party in the case.

Anyone who is not an applicant, a complainant or a respondent, but who wishes to make representations to the Tribunal regarding a matter which is before it, is called an intervener. There are two types of interveners: those who have a statutory right to appear and be heard by the Tribunal ("as of right interveners") and those who have been given permission by the Tribunal to appear and be heard ("interveners by permission").

Who are "as of right interveners" and who needs the Tribunal's permission to intervene?

Artists

Any artist affected by an application for certification is entitled to be an intervener as of right with respect to the application. That artist is entitled to make representations as to the suitability of the sector for bargaining and as to the representativeness of the applicant.

Unless the artist is the applicant, complainant or respondent, he or she would need the Tribunal's permission to intervene in any other type of case before the Tribunal (e.g. complaints, applications for declarations, etc.).

Artists' associations

Any artists' association affected by another association's application for certification is entitled to be an intervener as of right with respect to the application. That artists' association is entitled to make representations as to the suitability of the sector for bargaining and as to the representativeness of the applicant.

Unless the artists' association is the applicant, complainant or respondent, it would need the Tribunal's permission to intervene in any other type of case before the Tribunal (e.g. complaints, applications for declarations, etc.).

Producers

A producer who is affected by an application for certification is entitled to be an intervener as of right with respect to the issue of the suitability of the sector that the applicant is seeking to represent in collective bargaining.

Unless the producer is the applicant, complainant or respondent, they would need the Tribunal's permission to intervene in any other type of case before the Tribunal (e.g. complaints, applications for declarations, etc.).

Producers' Associations

Any producers' association affected by an application for certification is entitled to be an intervener as of right with respect to the issue of the suitability of the sector that the applicant is seeking to represent in collective bargaining.

Unless the producers' association is the applicant, complainant or respondent, it would need the Tribunal's permission to intervene in any other type of case before the Tribunal (e.g. complaints, applications for declarations, etc.).

Members of the public

A member of the public who is interested in a matter before the Tribunal always requires the Tribunal's permission to intervene.

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Procedures: interveners as of right

How do "interveners as of right" exercise their rights?

Regs subs. 27(1)

To take advantage of their right to be heard, an artist, artists' association, producer or producers' association affected by an application for certification must contact the Tribunal in writing at the address below within the time period set out in the Public Notice. The notice of intervention must contain the following information:

Regs subs. 27(2)

1. the intervener's name, address and telephone number and fax number, if any;
2. the name, address and telephone number and fax number of the intervener's authorized representative, if any;
3. the Tribunal's file number indicated in the Public Notice;
4. the signature of the intervener or their authorized representative;
5. the date of the filing of the notice of intervention.

Regs subs. 27(3)

The Tribunal may request that an intervener file the grounds for their intervention and their interest in the matter.

Application from

Interveners as of right may use the Form provided by the Tribunal for the purpose of notifying the Tribunal of their intention to participate.

Procedures: other interveners

How do others obtain the Tribunal's permission to intervene?

Regs s. 11 par. 17(1)(a)

Any individual or organization that is not entitled to intervene as of right, may apply to the Tribunal in writing at the address below during the time period set out in the Public Notice, if applicable, providing the following information:

1. the name, address and telephone number and fax number, if any, of the applicant for leave to intervene;
2. the name, address, telephone and fax number of the authorized representative, if any, of the applicant for leave to intervene;
3. the Tribunal file number of the case that is the subject of the application for leave to intervene;
4. the grounds for the intervention and the nature of the interest of the applicant for leave to intervene in the matter;
5. the contribution that the applicant for leave to intervene expects to make to the proceeding if granted permission to intervene.
6. the signature of the applicant for leave to intervene or of their authorized representative;
7. the date of the application for leave to intervene.

Application form

The application must be accompanied by all relevant documents. Applicants may use the Form provided by the Tribunal for the purpose of making an application for intervener status.

It should be noted that the Tribunal has discretion as to whether or not intervener status will be granted and the extent of the rights of participation which will be permitted.

Criteria used by the Tribunal to determine intervener status

In deciding whether or not to grant permission to intervene, the Tribunal will consider the following factors:

1. whether the individual or organization seeking to intervene is directly affected by the outcome of the proceeding;
2. whether the individual or organization's position is already represented by another participant in the proceeding;
3. whether the public interest and/or the interests of justice would be served by permitting the individual or organization to intervene;
4. whether the Tribunal could hear and decide the matter without the input of the individual or organization.

Where to send the application

Notices and applications should be sent to: