Application for determination or declaration by an artists' association

What kinds of application for determination or declaration can an artists' association make?

An artists' association can ask the Tribunal to consider and decide on a variety of questions. For example, an artists' association may ask the Tribunal:

• to determine what rights, privileges and duties an artists' association has acquired as a result of a merger, amalgamation or transfer of jurisdiction among associations (section 30);
• whether pressure tactics are being applied by a producer in contravention of the Act (section 48).

In the case of a question arising during an arbitration proceeding, only the arbitrator or arbitration board can apply to the Tribunal for a determination of the question.

When can applications be made?

Applications for determinations or declarations can be made at any time.

How to make an application

Regs s. 41 & s. 8

An application to the Tribunal for a determination or declaration 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. the name, address, telephone number and fax number, if any, of any artist, artists' association, producer or producers' association affected by the application;
4. a reference to the section of the Act under which the application is being made;
5. the question which the applicant wishes to have the Tribunal determine or the nature of the declaration which the applicant is seeking;
6. the grounds on which the applicant relies and a full description of the facts giving rise to the application;
7. the signature of the applicant or the applicant's authorized representative;
8. 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 a determination or declaration.

Where to send the application

Applications for determinations or declarations should be sent to: