Canadian Artists and Producers Professional Relations Tribunal
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Information Bulletin #15
The Tribunal renders a decision in an application for review
The Tribunal rendered Decision No. 030 on November 26, 1999 regarding a request for review filed by the National Arts Centre (NAC) pursuant to section 20 of the Status of the Artist Act.
In June 1999, the NAC filed with the Tribunal an application for review of Decision No. 010 which granted certification to the Canadian Actors' Equity Association (CAEA). The application for review arose out of a notice to bargain served on the NAC by the CAEA on April 20, 1999. The CAEA was seeking to enter into negotiations for the purpose of concluding a scale agreement with the NAC in respect of its production of the Gypsy Baron. The NAC was of the view that the artists on behalf of whom CAEA wanted to bargain were not covered by the certification order issued by the Tribunal, and if they were included, it wanted the Tribunal to reconsider Decision No. 010.
An application for review must generally be filed within 30 days of the date of the original decision, but the Tribunal may waive this limitation period. In the case regarding CAEA's certification, three years had passed since the original decision and the Tribunal concluded that to reconsider a decision after such a lengthy period could cause serious prejudice to the CAEA as well as to other artists' associations with whom it has jurisdictional agreements. Moreover, in its reasons for decision, the Tribunal observed that reconsideration of its decisions should be the exception rather than the rule. The Tribunal decided not to waive the 30-day limitation period.
Alternatively, the NAC requested that the Tribunal clarify the scope of the sector definition. The Tribunal concluded that it was unnecessary to provide clarification of the sector as its wording was sufficiently broad to encompass the artists on behalf of whom the CAEA was seeking to negotiate.
Update on certifications
Two notices were published in December 1999. Both notices concerned applications for certification filed respectively by the Association des professionnel-le-s de la vidéo du Québec (APVQ) and the Association des journalistes indépendants du Québec (AJIQ).
The sector definition for which the APVQ is seeking certification is available on the Tribunal's website. The Tribunal has however been informed that negotiations between the APVQ and another artists' association are under way and that these negotiations could modify the sector described in the APVQ application. The deadline for receiving expressions of interest was January 21, 2000. A hearing date has not yet been set.
The AJIQ is seeking certification to represent a sector composed of all professional freelance journalists and researchers who are authors of works in French, engaged by a producer subject to the Status of the Artist Act in the following areas: publication or distribution of periodicals, newspapers, magazines, or any other means of publication or distribution, film, video, television, radio and sound-recordings. The deadline for notices for intervention is February 4, 2000. A hearing date has not yet been set.
Since the publication of Issue No. 14 of this bulletin in September 1999, three associations have had their certifications renewed for an additional three-year period: the Playwrights Union of Canada, the American Federation of Musicians of the United States and Canada and the Guilde des musiciens du Québec.
Since the Tribunal began its operations in May 1995, 20 sectors of cultural activity suitable for collective bargaining have been defined and 18 artists' assbciations have been certified.
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A message from the Chairperson
It would be hard to overstate the importance of the Status of the Artist Act to the cultural sector and its unique place in the field of labour relations. In Canada, the only self-employed workers who have acquired the right to collective bargaining are those in the cultural sector. Acquisition of this right was a hard-fought battle, following years of lobbying by artists' associations.
At the dawn of the new millennium, only the federal and Quebec governments have adopted this regime of professional relations. Much therefore remains to be done to ensure that self-employed workers in the cultural sector throughout the country obtain the legal right to bargain collectively in provincial jurisdiction. However, last year witnessed some developments that may further the granting and exercising of this right.
First of all, in its response to the report of the Standing Committee on Canadian Heritage, entitled A Sense of Place – A Sense of Being, the Government of Canada supports the adoption by the provinces and territories of similar or complementary legislation to the Status of the Artist Act. The Minister of Canadian Heritage will be inviting participants to make presentations on this subject at a future meeting of federal, provincial and territorial ministers of culture and heritage.
Some provinces have shown interest in this issue. British Columbia, for example, announced in November 1999 a review that will include an examination of existing status of the artist legislation. Also the Government of Newfoundland and Labrador is currently supporting a study undertaken by the cultural sector which includes this topic. The regime of professional relations established by the Status of the Artist Act is increasingly the subject of discussion among labour relations specialists who regard it as a model that could perhaps be applied to other sectors of the economy besides the cultural sector.
Another positive development is the approval by the Governor in Council of regulations defining new categories of professional self-employed artists who are covered by the Status of the Artist Act. These regulations, which were adopted in April 1999, increased the number of professional artists who can benefit from the provisions of the Act.
Finally, the Canada Council for the Arts has restored its support for arts service organizations. This is an important decision because the lack of financial resources is often one of the challenges facing artists' associations in exercising the rights conferred by certification under the Status of the Artist Act. Initiating and carrying on bargaining can sometimes be a long and costly process. It is hoped that this change will be of help to artists' associations that are most in need of such assistance.
In closing, I wish to extend to you my best wishes for the year.
David P. Silcox
Under the Status of the Artist Act producers may form associations
Section 24 of the Status of the Artist Act provides for the formation of a producers' association for the purpose of bargaining and entering into scale agreements under the Act. After filing the necessary information with the Tribunal, a producers' association has the exclusive right to bargain on behalf of its members. It should be noted that a producers' association does not have the exclusive right to bargain a scale agreement for the whole sector, unless of course the producers' association is composed of all the producers in the sector.
This provision in the federal legislation is different from that contained in the status of the artist legislation in Quebec which addresses the certification of producers' associations. In the latter legislation, a producers' association can receive certification granting it the exclusive right to bargain a scale agreement applicable to the whole sector, including those producers who are not members of the association.
Recently, the Department of Canadian Heritage informed the Canadian Artists and Producers Professional Relations Tribunal that it has formed a producers' association for the purpose of entering into negotiations with the Periodical Writers Association of Canada. The producers' association is composed of the Department of Canadian Heritage and the Treasury Board of Canada Secretariat.
This is the first producers' association composed of federal government institutions to be created for the purposes of bargaining under the Status of the Artist Act. Prior to this a number of artists' associations faced with limited resources for bargaining had expressed a need for federal government institutions to form a producers' association which would eliminate the necessity for these artists' associations to bargain with each institution individually.
The Tribunal undertakes consultations
Since 1996, the government has required its departments and other institutions, including the Tribunal, to submit an annual performance report. The purpose of this report is to demonstrate to Parliament and Canadians at large the benefits of the organization's policies and programs as well as compliance with related federal legislation. To meet this obligation and to ensure efficient and effective operations, the Tribunal has established objectives to guide its activities and developed a framework to measure its performance. Over the last three years the Tribunal has published annual performance reports which provide assessments of its results pursuant to the objectives and framework.
The time has now come for the Tribunal to obtain a more complete picture of its effectiveness through feedback from the artists' associations and producers for whom the Status of the Artist Act was created. To this end, the Tribunal has contracted with a consulting firm to conduct stakeholder consultations with a number of artists' associations and producers in the federal jurisdiction.
A draft report will be completed by the end of March 2000. This report will also be valuable to the Department of Canadian Heritage in its planning and conduct of an evaluation of the Status of the Artist Act which is required by law in the year 2002.
Changes at the Tribunal
Josée Dubois became the Executive Director and General Counsel of the Tribunal on October 20, 1999. Ms. Dubois was Registrar and Senior LegaI CounseI of the Tribunal and had been Acting Executive Director and General Counsel since April 19, 1999. Ms. Dubois has been with the Tribunal in different capacities since 1994.
Jane Northey became Legal Counsel for the Tribunal on January 31, 2000 after working with the Tribunal as a consultant for two years. Ms. Northey practised as a visual artist before entering the legal profession and brings much practical experience in the cultural sector to the Tribunal. She has been an active member of several artist-run centres, exhibited works across Canada, contributed reviews for publication in arts publications, worked backstage in theatre production and is currently a member of the board of the Ottawa Arts Court Foundation.
Tribunal Secretariat
Contact Persons:
Josée Dubois,
Executive
Director and General
Counsel
Lorraine Farkas,
Director,
Planning, Research and
Mediation
Jane Northey,
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
Are you currently preparing a course or organizing a conference on professional relations in the cultural sector?
Tribunal personnel are available to make presentations regarding the Status of the Artist Act and the role, procedures and activities of the Tribunal.
