Canadian Artists and Producers Professional Relations Tribunal

What kinds of review applications can be filed by an artists' association?

Regs subs. 45(1) & 45(2)

1. Reconsideration of a Tribunal decision

A party affected by a decision or order of the Tribunal may make a written application to the Tribunal for a review of that decision or order on the grounds that:

the Tribunal's determination or order contains an error of law or a serious error of fact; or
the applicant has new information or evidence that was not available at the time the decision or order was originally made, and which could alter the basis on which the determination or order was made.

An application for reconsideration of a Tribunal decision should be made within 30 calendar days of the date of the original determination or order. If this time period is exceeded, the applicant must provide a compelling reason why this time limit should be waived.

It should be noted that the filing of an application for reconsideration of a Tribunal decision or order does not extend or affect the time limits imposed by the Federal Court regarding the filing of an application for judicial review of the decision.

A party seeking judicial review of a Tribunal decision must apply within the time period established by the Federal Court. If the party applies to have the Tribunal reconsider the decision, its allowable time for seeking judicial review by the Federal Court of the decision does not change, and the time period commences with the date of the original decision, not the date on which the Tribunal concludes its reconsideration.

Regs subs. 45(3)

2. Review of a sector determination

The certified artists' association affected by a Tribunal decision prescribing the sector suitable for bargaining may apply in writing to the Tribunal for a review of the sector determination. The purpose of such applications may be to enlarge, modify or clarify the scope of the sector determination. Such applications can be made at any time.

Regs subs. 45(4)

3. Updating a certification order

An artists' association that has been certified to represent artists in a specific sector may apply to the Tribunal for an order updating the certification order to reflect routine matters such as a change in the association's name or the terminology used to describe the sector. Ordinarily, the purpose of such applications is merely to request that the Tribunal update its order to reflect the current status quo. Such applications can be made at any time.

Who can apply for review of a Tribunal decision or order?

Any artists' association affected by a particular Tribunal decision or order may apply to the Tribunal for a review of that decision or order. The Tribunal also has the ability to act on its own initiative to review an earlier decision or order.

This type of "internal" review of Tribunal decisions and orders should be distinguished from judicial review.

When can an application be made?

The timeliness of an application for review of a Tribunal determination or order depends upon the type of order or determination and the reason for which the review is being sought. The time limits for each type of review application are explained in 1, 2 and 3 above.

How to apply for review

Regs subs. 45(5) & s. 8

An application for review must be in writing and contain the following information:

the name, address, telephone number and fax number, if any, of the artist, artists' association, producer or producers' association making the application for review ("the applicant");

the name, address, telephone number and fax number of the applicant's authorized representative, if any;

the name, address, telephone number and fax number, if any, of any artists' associations or producers affected by the determination or order;

the file number and date of the determination or order which the applicant wishes to have reviewed;

the grounds on which the applicant relies and full particulars of the facts which the applicant believes would justify a review of the determination or order;

a description of the decision or order which the applicant is seeking;

the signature of the applicant or the applicant's authorized representative;

the date of the application.

Where to apply for review

Applications for review should be sent to:

The Canadian Artists and Producers Professional Relations Tribunal
240 Sparks Street, 1st Floor West
Ottawa, Ontario K1A 1A1
Telephone: 613-996-4052
Facsimile: 613-947-4125

1-800-263-2787
info@capprt-tcrpap.gc.ca

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Application for review of decisions and orders by an artists' association