Canadian Artists and Producers Professional Relations Tribunal
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Information Bulletin #18
Three interim decisions in the EAC and the APVQ-STCVQ files
The Tribunal rendered decisions regarding the applications for certification of the Editors’ Association of Canada and the Federation of the Association des professionnelles et des professionnels de la vidéo du Québec and the Syndicat des techniciens du cinéma et de la vidéo du Québec.
Editors’ Association of Canada
On February 28, 2001, the Tribunal rendered decision No. 033, an interim decision ordering that the application for certification of the Editors’ Association of Canada (EAC) be stayed to permit the applicant to amend its by-laws so as to bring them into conformity with subsection 23(1) of the Status of the Artist Act.
In its decision, the Tribunal declared that the EAC is the association most representative to represent a sector composed of professional freelance editors who are authors within the meaning of the Copyright Act and who are engaged by a producer subject to the Status of the Artist Act to:
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prepare original works in the form of compilations or collective works, or
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prepare original works of joint authorship, where the editor’s contribution constitutes the work of a joint author;
in either French or English, but excluding
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authors covered by the certification granted to the Periodical Writers Association of Canada by the Tribunal on June 4, 1996,
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authors covered by the certification granted to the Writers Guild of Canada by the Tribunal on June 25, 1996,
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authors covered by the certification granted to the Société des auteurs, recherchistes, documentalistes et compositeurs (SARDEC) (renamed the Société des auteurs de radio, télévision et cinéma (SARTeC)) by the Tribunal on January 30, 1996, and
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authors covered by the certification granted to the Writers’ Union of Canada by the Tribunal on November 17, 1998.
Federation of APVQ-STCVQ
On January 8, 2001, the Tribunal rendered decision No. 032, an interim decision regarding a request to intervene made by the Confédération des syndicats nationaux, the Fédération nationale des communications, and the Conseil central de Montréal métropolitain in the application for certification of the federation formed by the Association des professionnelles et des professionnels de la vidéo du Québec and the Syndicat des techniciens du cinéma et de la vidéo du Québec (APVQ-STCVQ).
The applicants’ request to intervene was dismissed because the Tribunal was of the view that they were not “interested persons” within the meaning of subsection 19(3) the Status of the Artist Act.
On February 15, 2001, the Tribunal rendered decision No. 034, a second interim decision regarding the application for certification of the APVQ-STCVQ. Decision No. 034 concerns a request for declaration of disqualification made by the APVQ-STCVQ. The Tribunal declared that all the lawyers in a law firm as well as another person who had worked for that firm were disqualified from representing the Association des professionnels des arts de la scène du Québec in the application for certification of the APVQ-STCVQ, due to a conflict of interest.
Complete reasons for decisions are available on the Tribunal’s web site: Decisions.
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The Secretariat meets and informs
In response to the need for information expressed by several artists’ associations and producers subject to the Status of the Artist Act during consultations held last year, the Tribunal Secretariat has undertaken a number of activities.
New documentation
A new section called “On collective bargaining” has been created on the Tribunal’s Internet site. This section provides information which will hopefully be useful to parties involved in negotiations pursuant to the Status of the Artist Act. The article on the negotiation process which appeared in the previous Bulletin has been revised and appears in this section. It gives an overview of the entire negotiation process from the sending of a notice to bargain to the concluding of a scale agreement. A pictogram has also been added: Steps in the negotiation process under the Status of the Artist Act.
As well, a series of tables listing the notices to bargain and scale agreements of all certified associations under the Status of the Artist Act has been created. We ask artists’ associations and producers to please notify us of any error or missing information in these tables.
Meetings with clients
In December and January, Tribunal staff organized information meetings for artists’ associations in Toronto and Montreal and for federal government producers in Ottawa. Representatives from some 20 artists’ associations and 35 government producers attended these sessions. Participants indicated they appreciated the information on how the collective bargaining system works under the Status of the Artist Act and the opportunity to clarify some issues, for example, how to start bargaining and how bargaining fits in the federal government contracting procedures.
We are working on setting up meetings with broadcasters and hope these will take place in the spring. Staff have also met with individual artists’ associations and government institutions to discuss specific issues of interest to them and will be continuing this type of meeting.
A summary of the consultation report can be found on the web site under “What’s New? / News 2000”.
Steps in the negotiation process under the Status of the Artist Actlong description
Changes at the Tribunal
The Chairperson’s mandate renewed
The mandate of the Tribunal’s Chairperson and Chief Executive Officer, David P. Silcox, has been extended for a two year period, until February 28, 2003. Mr. Silcox has been a member of the Tribunal since December 1995 and was appointed Chairperson and Chief Executive Officer effective March 1, 1998.
Appointment of two new members
The Honourable Claudette Bradshaw, Minister of Labour, announced the appointment of Mr. John Moreau and Ms. Marie Senécal-Tremblay as part-time members of the Tribunal. The appointments are effective until February 28, 2003. Mr. Moreau obtained a Bachelor of Arts and a Bachelor of Laws degree from the University of Alberta. He practises mainly in the area of labour arbitration. Involved in his community, Mr. Moreau was the president of the Association canadienne-française de l’Alberta from 1995 to 1997. Since 1992, Mr. Moreau has been President of the Robert Spence Foundation.
Ms. Senécal-Tremblay has a Bachelor of Science degree in sociology and a law degree from the University of Ottawa. She has extensive legal experience in the areas of federal labour, employment, immigration and human rights law. Actively interested in the arts and culture, Ms. Senécal-Tremblay has worked with organizations such as Héritage Montréal and the Montreal Children’s Museum Project. In 1999-2000, she co-chaired the Montreal Museum of Fine Arts Annual Charity Ball.
Mr. Curtis Barlow’s mandate ends
The Tribunal regrets the departure of Mr. Curtis Barlow, who has been a member since March 1, 1998. His appointment ended on February 28, 2001. Mr. Barlow took part in many hearings, drawing on his vast experience in the cultural sector and his understanding of producers’ preoccupations, which he acquired during his work for example as Executive Director of the Confederation Centre for the Arts in Charlottetown and as Executive Director of the Professional Association of Canadian Theatres. Mr. Barlow is now Director of Arts and Cultural Industries Promotion at the Department of Foreign Affairs and International Trade. We extend our best wishes to Mr. Barlow in his new position.
Tribunal Secretariat
Contact Persons:
Josée Dubois,
Executive
Director and General
Counsel
Lorraine Farkas,
Director,
Planning, Research and
Mediation
Renée Caron,
Registrar and
Senior Legal Counsel
Marc Boucher,
Research and
Communications Officer
Telephone:
(613) 996-4052 or
1 800 263-ARTS (2787)
Fax:
(613) 947-4125
Postal Address:
240 Sparks Street, 8th Floor W.
Ottawa, Ontario K1A 1A1
E-mail address:
info@capprt-tcrpap.gc.ca
The Annual Report and the Performance Report for the period ending March 31, 2000 have been tabled in the House of Commons. You may view these reports on our web site or obtain copies by calling the Tribunal Secretariat.
