Rights and responsibilities of artists' associations

Rights of artists' associations

The Act has a number of provisions for artists' associations that include:

• the right to be recognized in law and to promote the professional and socio-economic interests of their members (section 3);
• the right, if duly authorized by their members, to apply for certification to represent one or more sectors (section 25);
• the right to be notified, through the Canada Gazette or other means that the Tribunal considers appropriate, that an application for certification of a particular sector has been filed with the Tribunal in order to have the opportunity to make their interest known (section 25 of the Act and section 26 of the Procedural Regulations);
• the right, if they are certified, to represent and to have exclusive authority to bargain on behalf of artists in the sector (section 28);
• the right to issue a notice to bargain to a producer requiring the party to begin bargaining for the purpose of entering into a scale agreement (section 31);
• the right, once a notice to bargain has been issued, to expect a timely response and to begin bargaining with the producer or producers' association within twenty days (section 32);
• the right to expect good faith bargaining on the part of the producer or producers' association (section 32).

and,

• successor rights as a result of a merger, amalgamation or transfer of jurisdiction among associations - in which case, the association acquires the rights, privileges and duties of that certified association (section 30).

The Act also sets out certain procedural rights for artists' associations that include:

• the right to file a complaint;
• the right to file an application for review of decisions and orders, of a sector determination or of a certification order;
• the right to file an application for determination or declaration;
• the right to intervene in Tribunal proceedings.
  

Artists' associations also have other important rights under the Act which include:

• the right to represent themselves at any stage of the Tribunal's proceedings;
• the right to file an application for assistance or mediation.
• the right to obtain information on the negotiation process and the mediation process;
• the right to request assistance from the Tribunal in identifying sections of the legislation which may be relevant to their particular circumstance and;
• the right to obtain general information.
  

Responsibilities of artists' associations

Examples of the obligations and prohibitions applicable to artists' associations include:

• the duty to bargain in good faith and make every reasonable effort to enter into a scale agreement (section 32);
• the duty not to act in a manner that is arbitrary, discriminatory or in bad faith with respect to the representation of any artist's rights under a scale agreement applicable in a sector for which the association is certified (section 35);
• the requirement not to participate in, authorize or apply pressure tactics against a producer until after the commencement of the legal period for such tactics (section 46);
• the requirement not to intimidate, coerce or impose a financial or other penalty on an artist because he or she has exercised any rights to which the artist is entitled under the Act (section 51).