Application for revocation of certification by an artist

What is revocation of certification?

Revocation of certification is a formal procedure to take away an artists' association's exclusive right to represent the artists working in a particular sector.

Basis for a revocation application

An application for revocation of a certification may be made based on the grounds that:

1. the association's by-laws discriminate unfairly against an artist so as to prevent the artist from becoming or continuing as a member of the association; or
2. the artists' association is no longer the most representative of artists in the sector; or
3. the artists' association has not made reasonable efforts to negotiate a scale agreement for the sector.

Who can apply for revocation of certification?

Any independent professional artist who works in a sector for which an artists' association has been certified may apply to the Tribunal to have that association's certification revoked on the basis of one of the grounds set out above.

When to apply

The application must be made within the time periods set out in section 29 of the Act:

1. the application can be made at any time if it is based on the ground that the association's by-laws discriminate unfairly against the artist so as to prevent the artist from becoming or continuing as a member of the association;
2. if there is any scale agreement in force for the sector, an application which claims that the association is no longer the most representative of artists in the sector, or that the association has not made reasonable efforts to negotiate a scale agreement, can only be made in the three months prior to the date that the certification is due to expire;
3. if there is no scale agreement in force for the sector, an application which claims that the association is no longer the most representative, or that the association has not made reasonable efforts to negotiate a scale agreement, can be made any time after one year has elapsed from the date the certification was granted or last renewed.

How to apply for revocation of certification

Regs s.32 & s.8

The application must be made in writing and contain the following information:

1. the applicant'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 description of the sector within which the applicant works, and for which an artists' association has been certified;
4. the name of the artists' association that holds the certification that the applicant seeks to revoke;
5. the grounds on which the applicant seeks the revocation;
6. a description of the facts that the artist alleges would justify the revocation of the certification;
7. the decision or order sought;
8. the signature of the applicant or the applicant's authorized representative;
9. 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 revocation of certification.

Where to apply

Applications for revocation of certification should be sent to: