Application for certification of an artists' association

What certification is

In section 28 of the Act, the term "certification" is used to mean the recognition granted to an artists' association by the Tribunal. Obtaining such certification gives an artists' association the exclusive right to represent self-employed artists in a specific sector with respect to collective bargaining and their relations with producers within federal jurisdiction (broadcasting undertakings and federal government institutions).

Broadly speaking, a "sector" is composed of independent artists that the applicant is seeking to represent in bargaining with producers in federal jurisdiction who engage their services.

Prerequisites to certification

By-laws

Before filing an application for certification, artists' associations must have adopted by-laws that

1. establish membership requirements for artists;
2. give its regular members the right to take part and vote in the meetings of the association and to participate in a ratification vote on any scale agreement that affects them; and
3. provide its members with the right of access to a copy of a financial statement of the affairs of the association to the end of the previous fiscal year, certified to be a true copy by the authorized officer of the association.

Prohibited by-laws

• No by-laws of the association may have the effect of discriminating unfairly against an artist so as to prevent the artist from becoming or continuing as a member of the association.
  

Certification procedures

Who can apply for certification?

An artists' association may apply to the Tribunal for certification to represent a sector in negotiations with producers within federal jurisdiction. An artists' association is defined as an organization which has among its objectives the management or promotion of the professional and socio-economic interests of artists who are independent contractors.

When to apply for certification

The application must be made within the time periods set out in section 25 of the Act:

If no artists' association has been certified for the sector, and

1. if no other application for certification in respect of the sector is pending before the Tribunal, the application can be made at any time;
2. if another application for certification has already been made in respect of the sector, applications by other artists' associations must be made during the period of public notice prescribed by the Tribunal, unless the Tribunal grants consent for the making of the application.

If another artists' association has already been certified for the sector, and

1. if there is at least one scale agreement in force in the sector, an application by another artists' association to replace the certified artists' association may only be made in the three months immediately before the existing certification order is due to expire;
2. if no scale agreement is in force for the sector, an application to replace an existing artists' association can be made by another artists' association one year after the date on which the existing certification was issued or renewed.

"Scale agreement" is defined in section 5 of the Act and refers to a written agreement between a producer and an artists' association which sets out the minimum terms and conditions for the provision of artists' services and other related matters.

How to apply for certification

Regs s. 25 & s. 8

The written application must contain the following information:

1. the artists' association's name, address, telephone number and fax number, if any;
2. the name, address, telephone number and fax number of the applicant's authorized representative, if any;
3. a general description of the sector for which certification is being sought;
4. an estimate of the number of professional freelance artists working in this sector;
5. an estimate of the number of members of the applicant who work in the proposed sector;
6. a current copy of the applicant's membership list certified by the applicant's authorized representative indicating:
   
   1. the members' full names and current addresses, and
   2. if the applicant also represents individuals who do not work within the proposed sector, a list of those members who work in the proposed sector;
7. a copy of any scale agreements in force affecting the proposed sector;
8. a copy of the applicant's by-laws certified by its authorized representative; applicants should ensure that their by-laws conform with section 23 of the Act, which requires that the by-laws of the association:
   1. establish membership requirements for artists;
   2. give regular members the right to take part and vote in meetings and participate in ratification votes affecting them;
   3. provide members with the right of access to a copy of the applicant's financial statements;
   4. not have the effect of discriminating unfairly against an artist so as to prevent the artist from becoming or continuing as a member of the association.
9. evidence that the membership has authorized the applicant to apply for certification (artists' associations must follow the provisions contained in their own constitution or by-laws to obtain authorization from their membership to make an application for certification);
10. the signature of the applicant or the applicant's authorized representative;
11. the date of the application.

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 certification.

Where to apply

Applications for certification should be sent to: