Filing of a complaint by an artist

The right to make a complaint

Under section 53 of the Act an artist can file a complaint with the Tribunal.

What kinds of complaints can an artist make to the Tribunal?

The Status of the Artist Act contains a number of obligations and prohibitions which apply to artists' associations, producers and producers' associations. An artist can file a complaint following a violation of those obligations and prohibitions.

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

Examples of complaints that could be brought forward

Complaints against an artists' association for:

• violating the duty of fair representation (section 35);
• requiring a producer to terminate the contract of an artist engaged by the producer (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 for exercising his or her rights or responsibilities 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 for:

• 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 the artist has exercised any rights to which the artist 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, 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);
• 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.

How to make a complaint

Regs s.38 & s.8

A complaint must be made in writing and contain the following information:

1. the name, address, telephone number and fax number, if any, of the person making the complaint ("the complainant");
2. the name, address and telephone number and fax number, if any, of the person, producer, producers' association or artists' association against whom the complaint is being made ("the respondent");
3. the name, address, telephone number and fax number, if any, of any person to whom copies of correspondence concerning the complaint should be sent (e.g. complainant's representative);
4. the provision of the Status of the Artist Act which the complainant feels has been violated;
5. a full factual description of the events, circumstances and actions taken by the respondent which led to the complaint;
6. the date on which the complainant first knew of the action or circumstances which led to the complaint;
7. the details of any actions already taken by the complainant to try to resolve the complaint;
8. a description of the corrective action (remedy) sought by the complainant;
9. the signature of the complainant or the complainant's authorized representative;
10. the date of the complaint.

Application form

The application must be accompanied by all relevant documents. Complainants may use the Form provided by the Tribunal for the purpose of making a complaint.

Where to send the complaint

Complaints should be sent to: