This page does not contain Institutional links

2009-2010 Annual Report

Canadian Artists and Producers Professional Relations Tribunal

240 Sparks Street
1st Floor West
Ottawa, Ontario
K1A 1A1

Telephone: (613) 996-4052
Toll Free: 1-800-263-2787
Fax: (613) 947-4125
Electronic mail: info@capprt-tcrpap.gc.ca
Internet address: www.capprt-tcrpap.gc.ca

©Minister of Public Works and Government Services Canada 2010
Cat. No L95-2010
ISBN 978-1-100-52250-0

---

November 1, 2010

The Honourable Lisa Raitt
Minister of Labour
Ottawa, Ontario K1A 0J2

Dear Minister Raitt:

In accordance with section 61 of the Status of the Artist Act, I am pleased to submit for tabling in Parliament the annual report of the Canadian Artists and Producers Professional Relations Tribunal for the period April 1, 2009 to March 31, 2010.

Yours respectfully,

Elaine Kierans
Acting Chairperson and Chief Executive Officer

---

Table of Contents

• Chairperson's Message
  
  
• PART ONE
  The Tribunal and What It Does
  
  
• PART TWO
  This year at the Tribunal
  
  
• PART THREE
  The Context for the Tribunal and the Status of the Artist Act
  
  
• PART FOUR
  Case Statistics
  
  
• APPENDIX 1
  Negotiation Activity Under the Act
  
  
• APPENDIX 2
  Members' Biographies
  
  
• APPENDIX 3
  Statutory Responsibilities

---

Chairperson's Message

Once again, as Acting Chairperson of the Canadian Artists and Producers Professional Relations Tribunal, I have the honour of presenting the Tribunal’s Annual Report to Parliament and Canadians.

The Tribunal continues to promote and encourage constructive professional relations in the cultural sector, by administering the collective bargaining provisions of the Status of the Artist Act.

Crafted with input from artists, producers and labour relations practitioners, the Status of the Artist Act is an unusual and interesting piece of legislation. It gives artists’ associations and producers a forum for their professional relations that recognizes the particular and unique ways in which they work together. It gives legal recognition and protection to collective bargaining by independent self-employed artists. Bargaining is based on sectors of artistic activity, rather than on particular workplaces. This is an innovative collective bargaining model, with only Quebec having a similar statutorily-based system.

As countless studies and reports have shown, culture and the arts play a tremendously important role in Canada’s society and economy. They are fundamental to our shared humanity, central to how we as Canadians represent ourselves to the world, and huge in their economic impact, with even small investments yielding multiple benefits in wealth and employment.

Collective bargaining is more important than ever in the arts and culture sector. Faced with the overlapping challenges of technological change, the disruption of traditional business models, and a shaken world economy, artists and producers need to develop creative collective agreements. These agreements contribute to improved working conditions and compensation for their work for artists, to stable and predictable professional relations and qualified talent pools for producers, and to a strong Canadian presence in international cultural markets.

I have had the pleasure again this year of serving with very qualified Tribunal members.

The Tribunal welcomed the reappointment of Ms. Lyse Lemieux on June 2, 2009. Ms. Lemieux is a noted visual artist and a member of the Tribunal since 2002, and the Tribunal benefits greatly from her expertise and understanding of the issues.

It has been particularly gratifying to have two new appointees to the Tribunal, enabling the Tribunal to attain quorum, which it had been unable to do for some time. Mr. Robert Beccarea, appointed to the Tribunal on October 1, 2009, brings to the Tribunal the benefit of over 27 years of legal practice and experience on administrative boards. Ms. Marie-Josée Castonguay, appointed on December 14, 2009, has over 15 years’ experience in law and administrative tribunals, and has a particular expertise in labour law. The Tribunal is well served by these new appointments.

Our work as Tribunal members would be impossible without the help of a capable staff, and I want to take this opportunity to thank them all. I look forward to working with them, with my fellow members, and with our many stakeholders, in the coming years to enhance productive professional relations in the arts and culture sector.

Elaine Kierans
Acting Chairperson and Chief Executive Officer

PART ONE
The Tribunal and What it Does

Mandate

The Canadian Artists and Producers Professional Relations Tribunal administers Part II of the Status of the Artist Act, which governs professional relations between self-employed artists and federally regulated producers. The Tribunal is an independent, quasi-judicial federal agency, whose goal is to encourage constructive professional relations between these parties.

The Tribunal's jurisdiction covers broadcasting undertakings under the jurisdiction of the Canadian Radio-television and Telecommunications Commission, federal government departments, and the majority of federal agencies and Crown corporations, such as the National Film Board and national museums.

Self-employed artists within the Tribunal's jurisdiction include artists covered by the Copyright Act (such as writers, photographers and music composers), performers (such as actors, musicians and singers), directors, and other professionals who contribute to the creation of a production, such as those doing camera work, lighting and costume design.

The Tribunal has the following principal statutory responsibilities:

• To define sectors of cultural activity suitable for collective bargaining between artists' associations and producers,
• To certify artists' associations to represent self-employed artists working in these sectors, and
• To deal with complaints of unfair labour practices and other matters brought forward by artists, artists' associations or producers, and prescribe appropriate remedies.

In carrying out its responsibilities, the Tribunal assists self-employed artists, artists' associations and producers in the conduct of their professional relations.

Artists' associations certified under the Act have the exclusive right to negotiate scale agreements with producers. A scale agreement specifies the minimum terms and conditions under which producers engage the services of, or commission a work from, a self-employed artist in a specified sector.

Role

The role of the Tribunal is to provide a strong legal framework to support collective bargaining in the arts. This is important to artists, artists’ associations and producers, and to Canadians as a whole.

Constructive professional relations are an important element of a vibrant Canadian arts and culture sector. When artists can earn fair compensation and obtain equitable economic and social status with other Canadian workers, they are more likely to continue their artistic work. This provides producers with a national pool of highly skilled artistic talent. Both groups also need a stable, predictable environment. This means improved status, wages and working conditions for artists and fair compensation for the use or artists’ work, and an environment in which producers can plan their projects around established terms and conditions for engaging artists.

Over the years since the passage of the Status of the Artist Act, the Tribunal has defined 26 sectors of artistic activity and certified 24 artists’ associations to represent them. Artists’ associations certified under the Act have gone on to conclude over 167 scale agreements with producers, including broadcasters and federal government institutions. Nine percent of these are the first agreements that the parties have ever concluded.

Most sectors are now defined and artists’ associations certified to represent them. The work of the Tribunal now focuses more on assisting parties in the bargaining process, renewal of certification orders, dealing with complaints under the Act about matters that arise in the bargaining relationship, changes in the definition of sectors and representation, and determining questions referred to the Tribunal by arbitrators.

Our Organization

The Tribunal is an independent quasi-judicial agency. It reports to Parliament through the Minister of Labour.

The Minister of Labour is responsible under the Act for tabling the Tribunal’s annual report before Parliament and for signing documents required under the Financial Administration Act. The Minister of Labour also makes recommendations to the Governor in Council, in consultation with the Minister of Heritage, for the appointment of members to the Tribunal.

Under its governance structure, the Chairperson is the chief executive officer of the Tribunal and is responsible for management of the staff and supervision of the work of the Tribunal.

In 2009-2010, Elaine Kierans presided over the Tribunal as Acting Chairperson.

The Executive Director and General Counsel of the Tribunal assists the Chairperson in the exercise of her functions and, subject to her direction, directs and supervises the day-to-day operation of the Tribunal, the management of its internal affairs, and the work of the employees. As General Counsel, she is responsible for the provision of legal support and research to the Chairperson and the Tribunal members as required.

Changes at the Tribunal

During fiscal year 2009-2010, one member’s term was renewed, and two new members were appointed.

The part-time appointment of Lyse Lemieux, a member of the Tribunal since 2002, was renewed for another year on June 2, 2009.

Mr. Robert Beccarea was appointed as a part-time member of the Tribunal on October 1, 2009, for a term of one year.

Ms. Marie-Josée Castonguay was appointed as a part-time member of the Tribunal on December 14, 2009, for a term of one year.

Members and Staff of the Tribunal

• Elaine Kierans
  Acting Chairperson and Chief Executive Officer
  
  
• Lyse Lemieux
  Member
  
  
• Robert Beccarea
  Member
  
  
• Marie-Josée Castonguay
  Member
  
  
• Diane Chartrand
  Executive Director and General Counsel
  
  
• Steve Joanisse
  Registrar and Legal Counsel
  
  
• Manon Allaire
  Scheduling and Hearing Officer
  
  
• Brian K. Stewart
  Director, Planning, Research and Communications
  
  
• Marie-Joelle LeBlanc
  Research and Communications Officer
  
  
• Suzanne Séguin
  Manager, Corporate Services
  
  
• Sylvie Besner
  Administrative and Financial Officer

PART TWO
This year at the Tribunal

This Year at the Tribunal

The Tribunal’s primary responsibility is to provide its stakeholder base – artists, artists’ associations, and producers – with the structured framework for professional relations set out in the Status of the Artist Act. The Tribunal also provides stakeholders with assistance and support related to the collective bargaining process.

Tribunal staff members also carry out communications and outreach work to make the Act and its provisions more widely known to stakeholders and encourage them to make use of its provisions. In addition, staff members provide support to Tribunal members, and conduct research on issues related to the arts and cultural sector.

Case Activity

For the first half of the 2009-2010 fiscal year the Tribunal was without quorum and thus unable to hear cases. It began the year with two cases pending from the previous fiscal year. During the year, the Tribunal received one new application, and rendered one final decision.

A number of associations and individuals have contacted the Tribunal intending to make applications or complaints, but have not provided the necessary information to allow the Tribunal to deal with their applications. The Tribunal tried to assist the parties to provide the necessary information, but at year-end these cases were still incomplete.

La Guilde des musiciens du Québec applied to the Tribunal to change its name to La Guilde des musiciens et musiciennes du Québec. The application was granted.

Two cases were pending at fiscal year-end.

The Canadian Artists’ Representation/Le Front des artistes canadiens (CARFAC) and Le Regroupement des artistes en arts visuels du Québec (RAAV) filed a complaint against the National Gallery of Canada (NGC) on April 22, 2008, alleging that the NGC failed to bargain in good faith (File No. 1330-08-001). The matter was pending at the end of the fiscal year, as the Tribunal was still attempting to schedule hearing dates.

The application for certification from the League of Canadian Composers filed in 2005 (File No. 1310-05-001) remained open at the end of the fiscal year.

Certification Renewal

Pursuant to subsection 28(2) of the Act, an artists’ association’s certification by the Tribunal as the bargaining agent for a specified sector is valid for three years. During the 2009-2010 fiscal year, four certification orders issued by the Tribunal came up for renewal:

• Association des réalisateurs et réalisatrices du Québec
• Directors Guild of Canada
• Guild of Canadian Film Composers
• Regroupement des artistes en arts visuels du Québec

All four certifications were renewed for a further three years.

Bargaining Under the Act

Agreements filed with the Tribunal

Pursuant to subsection 33(2) of the Act, parties to a scale agreement are required to file a copy of the agreement with the Minister of Labour without delay. The Tribunal encourages the parties to send a copy of the agreement to the Secretariat of the Tribunal as well, to assist it in reporting on bargaining activity under the Act. During the 2009-2010 fiscal year, eight scale agreements were filed with the Tribunal:

• Alliance québécoise des techniciens de l’image et du son (AQTIS) with the National Film Board
• Canadian Actors’ Equity Association (CAEA) with the Professional Association of Canadian Theatres (PACT)
• Directors Guild of Canada (DGC) with the National Film Board
• Playwrights Guild Of Canada (PGC) with the Professional Association of Canadian Theatres (PACT)
• Société professionnelle des auteurs et des compositeurs du Québec (SPACQ) with the National Film Board
• Union des artistes (UdA)with TV5 Québec Canada
• Union des artistes (UdA) with the National Film Board
• Union des artistes (UdA) with MusiquePlus Inc.

The DGC and AQTIS agreements with the National Film Board were first agreements.

These scale agreements are accessible on the Tribunal’s website.

Notices to bargain filed with the Tribunal

To initiate the bargaining process or to renew or revise a scale agreement, an artists’ association or a producer serves a notice to bargain on the other party. Subsection 31(5) of the Act states that a party issuing a notice to bargain must file a copy with the Minister of Labour without delay. As with scale agreements, the Tribunal encourages the parties to file copies of their notices to bargain with the Tribunal as well. In fiscal year 2009-2010, eleven notices to bargain were filed with the Tribunal Secretariat:

• The Alliance of Canadian Cinema, Television and Radio Artists (ACTRA) issued notices to bargain to Corus Entertainment Inc., the CBC (two notices, one for the radio agreement, one for the television agreement), and Vision TV.
• The Société des auteurs de radio, télévision et cinéma (SARTeC) issued a notice to bargain to the CBC.
• The Union des artistes (UdA) issued notices to bargain to the Regroupement des producteurs multimedia (the agreement with which applies to the UdA’s relations with the Fort Langley Historic Site), Théâtres Assoiciés Inc. (notices to bargain for two agreements, one for directors and one for actors), the CBC and ARTV.
• The Writers Guild of Canada issued a notice to bargain to the National Film Board.

Once a notice to bargain has been issued, the parties must meet and begin bargaining within twenty days, unless they agree otherwise. All eleven notices to bargain were still outstanding at the end of the fiscal year.

Tribunal staff members were available throughout the fiscal year to provide information and assistance to the parties in bargaining as required.

Communications and Outreach

Communications and outreach are very important to the Tribunal. The Tribunal’s communications strategy, research agenda, and outreach activities continued to be central to its work in 2009-2010. The Tribunal has always worked to ensure that artists’ associations and producers understand the Status of the Artist Act and what it can do for them. This is of increasing importance with the acceleration of changes in the new media and broadcasting industries.

The Chairperson, members and senior staff members play a key role in building awareness of the Tribunal’s mandates and services. They serve on professional committees and frequently share their professional knowledge and experience with colleagues, clients and stakeholders, at conferences, presentations, and training sessions.

Again in 2009-2010, Tribunal senior staff attended industry conferences and held one-on-one meetings with artists’ associations and producers. This will continue to be a major area of activity for the Tribunal in coming years.

The Tribunal continued to update its website to emphasize the services that the Tribunal can make available to artists, artists’ associations, and producers. It also maintained its commitment to the Treasury Board Secretariat’s Common Look and Feel (CLF) 2.0 Standards for the Internet. The standards promote consistent branding and ensure accessibility and the use of Canada’s two official languages. As we reported last year, the Tribunal was one of 30 institutions that met the Treasury Board Secretariat’s compliance deadline. In 2009-2010, an evaluation of the Tribunal’s compliance with the standards, conducted using a Treasury Board-designed evaluation tool, rated the Tribunal’s compliance as 85 percent.

The Tribunal’s Information Bulletins on the website provide detailed information on case activity and developments at the Tribunal. All written reasons for decisions are available on the Tribunal’s website.

More detailed information on the Tribunal’s activities and on the challenges it faces is available in the Tribunal’s annual Departmental Performance Report.

Enhanced Assistance to the Parties in the Bargaining Process

Professional relations between artists, artists’ associations representing them and producers are enhanced when all parties work with the same information.

The Tribunal’s continued to add digital copies of scale agreements to its website. Most of the scale agreements currently in force between artists’ associations and producers under the Act can be viewed through the Tribunal’s website. This is part of a continuing project, which includes providing analyses of the scale agreements and facilitating comparisons between them.

The Tribunal produced two Information Bulletins in fiscal year 2009-2010 with special attention to collective bargaining issues. One included interviews with key players in a successful scale agreement negotiation on new media issues. Another provided summaries of scale agreements concluded in 2009, and included a list of research resources for collective bargaining in the arts across Canada and internationally.

Tribunal staff members provide information to artists, producers and members of the public in response to inquiries. This is an ongoing commitment that frequently requires the staff to research complex issues and track down answers.

Much of the research focuses on broadcasting, one of the principal areas of the Tribunal’s jurisdiction. Broadcasting is undergoing dramatic transformations, with mergers, changes of ownership, new technologies, and disrupted business models. Another area of importance for research is copyright law, since copyright is so fundamental to the monetization of culture, and is frequently an important element in or underlying scale agreements. The complexity of the new digital media environment presents artists, artists’ association and producers with unprecedented challenges related to collective bargaining. These have a significant impact on the work of the Tribunal.

The Tribunal’s staff members are committed to assisting parties and providing them with information and research, and to making this information publicly available.

The Tribunal also encourages parties unable to reach an agreement to seek the assistance of professional mediators. Mediators can be appointed pursuant to section 45 of the Act. They are appointed from the Federal Mediation and Conciliation Service (FMCS). They are knowledgeable, impartial third parties, with no decision power, who intervene in disputes to help the parties reach their own mutually acceptable solutions. These services are made available free of charge to the parties.

Mediation contributes directly to constructive professional relations in the cultural sector.

PART THREE
The Context for the Tribunal and the Status of the Artist Act

The Tribunal, the Act and Collective Bargaining in the Arts

The Canadian Artists and Producers Professional Relations Tribunal and the collective bargaining structure that it administers under the Status of the Artist Act, are important elements in the cultural life of Canada.

The Act represents the fulfilment of a commitment by the Government of Canada. In 1980, Canada and other member countries of UNESCO adopted the Recommendation Concerning the Status of the Artist¹. The Recommendation affirmed the right of artists to the same legal, social and economic advantages enjoyed by other workers, including the right to organize collectively and defend their common interests. UNESCO member states were encouraged to take whatever legislative or other steps may be required to apply the principles and norms of the Recommendation within their territories.

Among the principles that member states were encouraged to apply was this one:

… that artists have the freedom and the right to establish trade unions and professional organizations of their choosing and to become members of such organizations, if they so wish, and [member states] should make it possible for organizations representing artists to participate in the formulation of cultural policies and employment policies, including the professional training of artists, and in the determination of artists’ conditions of work.

At the time, artists’ associations in Canada already had a long history of representing artists’ interests through collective bargaining. Since the late nineteenth century, artists had been forming associations to bargain with producers on issues like compensation and working conditions. The American Federation of Musicians of the United States and Canada, for example, has roots in Canada going back to 1897.

Because artists tended to move from engagement to engagement, collective bargaining was rarely based around workplaces, as it is in most industrial relations regimes. With a few exceptions such as resident orchestras, artists and producers in Canada pursued collective bargaining based on associations representing workers in sectors of artistic activity, rather than in specific workplaces.

But the legal status of that collective bargaining was murky. Because artists were self-employed, their relations with producers did not fit easily under federal and provincial labour laws, and lacked the solid legal foundation that collective bargaining enjoyed in most of the rest of the economy. The role of artists’ associations as bargaining agents for their members was recognized voluntarily by producers, but the legal structures or mechanisms that we associate with collective bargaining in most jurisdictions – provisions for certification of bargaining agents, requirements to bargain in good faith, systems for dispute resolution– were not available to them. In fact, for self-employed workers, the very act of joining together and establishing a minimum rate at which they would contract for their services put them on uncertain legal ground, leaving them open to possible charges of price-fixing.

The first jurisdiction to put the UNESCO Recommendation into effect and give a statutory basis for collective bargaining was Quebec. In 1987 and 1988, the Quebec National Assembly passed two statutes², providing a framework for sector-based collective bargaining in the visual, literary and performing arts.

Also in 1988, the Canadian Advisory Committee on the Status of the Artist developed a Canadian Artists’ Code, recommending, among other things in areas of federal jurisdiction, a legal framework for collective bargaining similar to the one adopted in Quebec.

In 1989, the Standing Committee on Communications and Culture tabled a report endorsed by the three main political parties, recommending a legal framework for artists’ professional relations to be administered by an independent administrative tribunal.

Finally, in 1992, Parliament confirmed Canada’s commitment at the UNESCO conference by passing the Status of the Artist Act. The Act explicitly recognized the artist’s role in society – a first for a Canadian statute. It also established a framework for collective bargaining for professional self-employed artists and producers in federal jurisdiction, to be administered by the Canadian Artists and Producers Professional Relations Tribunal.

The Act gave explicit recognition to the model of collective bargaining that had developed in the arts. It provided a legal underpinning for artists’ associations to negotiate collective agreements on behalf of their members, and protection for accredited artists’ associations, producers and producers’ associations from all actions brought under the Competition Act.

At the UNESCO World Congress on the Status of the Artist in 1997, held to review progress made following the 1980 recommendation on the status of the artist, Canada was often cited as an example. The following conclusion of the Congress is noteworthy:

Self-employed artists must be able to enjoy the same rights and freedoms as employed people – including the right to bargain collectively and to benefit from social security systems. This was far from being the case in far too many countries.

Operating Environment

Artists and producers play a central role in creating and defining Canada and Canadians. They make our lives richer and our society vibrant. They represent Canada internationally. And, as studies keep showing, artistic activity creates jobs and generates wealth well beyond the amounts invested in it.

According to a 2008³ analysis by the Conference Board of Canada, the cultural sector generated about $46 billion in real value-added gross domestic product (GDP) in 2007. This constituted 3.8 percent of Canada’s real GDP. The cultural sector also created 616,000 jobs.

Moreover, the arts and cultural industries enhance economic performance more generally and act, in the words of the Conference Board, as a catalyst of prosperity, attracting talent and spurring creativity across all sectors of the economy. The Conference Board found that when the effects on other sectors of the economy were considered, the economic footprint of the arts and cultural industries amounted to about $84.6 billion in 2007, or 7.4 percent of total real GDP, and contributed 1.1 million jobs to the economy.

The earnings of Canadian artists, however, do not reflect their contributions to the country. The Federal Cultural Policy Review Committee observed in 1982 that most artists could best be classified as highly-specialized, working poor who subsidized Canada’s culture through their unpaid or underpaid labour. Many reports since then have pointed out that artists have significantly lower earnings than other workers, and, because they tend to be self-employed, often do not have access to social program benefits available to employees, such as employment insurance, training benefits and pension funds.

In February 2009, Hill Strategies Research released A Statistical Profile of Artists in Canada Based on the 2006 Census⁴. Among the findings was that the number of artists in Canada in 2006 was slightly larger than the number of Canadians directly employed in the automotive industry (135,000). When heritage and cultural occupations were included as part of a broader cultural sector, the number employed swelled to 609,000, about double the number employed in the forestry sector and more than double the number in Canadian banks.

The report highlighted some key facts about artists in Canada. Most noteworthy, and perhaps most predictable, was that their average earnings are very low. Median earnings for artists in 2006 were only $12,900, less than half the typical earnings of all Canadian workers, and 38 percent below the low-income cutoff for larger urban areas. The situation is worse in some arts than in others, and a typical actor, artisan, dancer, musician, or visual artist earns only about $10,000 or less.

Another finding confirmed what was known from earlier studies: higher education for artists does not translate into economic success. Not only is the percentage of artists with a bachelor’s degree or higher nearly double the rate in the overall labour force, but the average earnings of university-educated artists are less than the average earnings of overall labour force workers with a high school diploma.

What all this points to is that, more than ever, there is a need for a strong collective bargaining regime in the arts, to support predictable, structured professional relations between artists and producers, and to ensure the continued existence of a pool of professional artistic talent.

Limitations of the Status of the Artist Act

There are a number of respects in which the Act falls short of the expectations of the many artists and producers who welcomed it when it was introduced.

The impact of the Act is limited by its application to the federal jurisdiction. Most work in the cultural sector, including the bulk of film and television production, sound recording, art exhibitions, theatrical production and book publishing, falls under the jurisdiction of the provinces.

To date, Quebec is the only province with legislation granting collective bargaining rights to self-employed artists. The need for provincial legislation was recognized by the Standing Committee on Canadian Heritage in its ninth report in 1999, and by the Department of Canadian Heritage in its 2002 evaluation⁵ of the provisions and operations of the Status of the Artist Act.

The Tribunal supports the adoption by other jurisdictions of collective bargaining legislation for self-employed artists. In the past, it has provided information to policy makers and others interested in the benefits of such legislation, and it will continue to do so.

The Act’s effectiveness is also limited because few federal government institutions – one of the class of producers covered by the Act – have entered into scale agreements with artists’ associations. Artists’ associations are typically hard-pressed for time and resources, and would rather negotiate with producers’ associations than with individual producers. Similarly, many government producers would prefer to designate one department as their lead negotiator. One of the recommendations from the Department of Canadian Heritage’s 2002 evaluation report was that the government consider establishing a single bargaining authority for all departments. The Tribunal supports this recommendation, as it would facilitate the bargaining process and make it more cost-effective, and is committed to working with other federal government institutions to promote understanding of the Act and the importance of respecting it.

Most importantly, as the Tribunal has frequently noted in reports to Parliament, amendments to the Status of the Artist Act would make the Act more effective. Various amendments recommended in the 2002 evaluation of the Act, such as requiring arbitration in specific situations for the settlement of first agreements, would further the aims of the Act.

PART FOUR
Case Statistics

All files1	00-01	01-02	02-03	03-04	04-05	05-06	06-07	07-08	08-09	09-10	Average over past 10 years
Brought forward from previous fiscal year	10	9	7	7	5	5	7	2	1	2	6
New applications received	5	6	6	7	5	8	1	1	1	1	4
Days of hearings held2	18	12	13	11	10	16	1	1	0	0	8
Interim decisions rendered	14	12	5	5	6	6	2	3	2	0	6
Final decisions rendered	2	5	4	7	4	3	4	2	0	1	3
Cases withdrawn	4	1	2	1	1	2	2	0	0	0	1
Renewals	2	6	10	2	8	12	4	8	12	4	7
Pending at fiscal year end	9	7	7	5	5	7	2	1	2	2	5

¹ Includes complaints and applications for certification, for review of decisions or orders, for determinations or declarations and for consent to prosecute

² Includes public hearings and paper hearings

Spending

	2008-2009	2009-2010
Operating expenditures	$306,221	$288,972
Salaries, wages and other personnel costs	$708,640	$826,136
Total spending	$1,014,861	$1,115,108
Unspent*	$1,046,265	$986,098
Total allocation	$2,061,126	$2,101,206

*Returned to the Consolidated Revenue Fund of the government

APPENDIX 1
Negotiation Activity Under the Act

Notices to bargain

A list of notices to bargain sent between April 1, 2009 and March 31, 2010, copies of which were provided to the Tribunal, is found below.

Artists’ Associations	Producers
ACTRA Performers Guild	Corus Entertainment Inc
	CBC - Radio
	CBC - Television
	Vision TV
Société des auteurs de radio, télévision et cinéma (SARTeC)	Société Radio-Canada
Union des artistes (UdA)	Historical site Fort Langley-Regroupement des producteurs multimédia (RPM)
	Théâtres Associés Inc. (metteurs en scène)
	Théâtres Associés Inc. (artistes-interprètes)
	ARTV
	Société Radio-Canada
Writers Guild of Canada (WGC)	National Film Board

Scale agreements filed with the Tribunal

A list of scale agreements that came into effect in the 2009–2010 fiscal year, copies of which were provided to the Tribunal, is found below.

Artists’ Associations	Producers
Association québécoise des auteurs dramatiques	Office national du film
Canadian Actors' Equity Association (CAEA)	Professional Association of Canadian Theatres (PACT)
Directors Guild of Canada (DGC)	National Film Board
Playwrights Guild Of Canada (PGC)	Professional Association of Canadian Theatres (PACT)
Société professionnelle des auteurs et des compositeurs du Québec (SPACQ)	Office national du film
Union des Artistes	TV5 Québec Canada
	Office national du film
	MusiquePlus Inc.

APPENDIX 2
Members' Biographies

The following members served during the 2009-2010 fiscal year:

Elaine Kierans
Toronto, Ontario
Vice-Chairperson

Elaine Kierans was appointed part-time Vice-Chairperson of the Tribunal on May 15, 2007, and was appointed Acting Chairperson and Chief Executive Officer on September 8, 2008.

Ms.Kierans worked as a lawyer after graduating from McGill University in 1983, and remains an active member of the Law Society of Upper Canada. She also holds a business degree, specializing in labour relations, from McGill University.

Ms. Kierans has held numerous positions throughout her career including Vice-Chair of the Alcohol and Gaming Commission of Ontario. She also has sat on a number of boards, including those of Brighter Minds Media Inc. and the Toronto French School.

Lyse Lemieux
Vancouver, British Columbia

Lyse Lemieux was appointed as a part-time member of the Tribunal on April 18, 2002. Ms. Lemieux is a visual artist with extensive experience in the field of arts and culture. In addition to her experience in gallery management, her artistic work has been exhibited in Canada and Europe and is held in corporate and private collections.

Ms. Lemieux also worked for the Canadian Broadcasting Corporation for many years, where she produced numerous radio programs. She was assistant producer for the national French radio program Le Monde à Lanvers for which she won the 1999 French radio award Meilleure création radiophonique.

Robert A. Beccarea
Miller Lake, Ontario

Robert Beccarea has over 27 years of experience in private law practice. Through the course of his career, Mr. Beccarea has held many positions in the fields of law and community leadership, including elected Councillor, Ward 2, Corporation of the City of London; Chairperson of the Employment Insurance Boards of Referees (Brantford, Ontario region); and adjudicator, arbitrator and mediator.

Mr. Beccarea has a Bachelor of Laws degree from the University of Western Ontario and was called to the Bar of the Law Society of Upper Canada in 1972. In addition, he has received advanced certification in mediation and negotiation from the Conflict Consensus Institute.

Mr. Beccarea also actively demonstrates his professional and community contributions in his roles as faculty member in the areas of family law and civil procedures for the Bar Admission course in London on behalf of the Law Society of Upper Canada; supervisor of law students; Associate Editor of Family Law Reports; as well as board member, lecturer and guest speaker for various educational institutions.

Mr. Beccarea was appointed part-time member of the Tribunal on October 1, 2009, for a term of one year.

Marie-Josée Castonguay
Toronto, Ontario

Marie-Josée Castonguay has over 15 years of legal experience, specifically in labour law; commercial and banking law; and bankruptcy and insolvency. From 2006 until 2009, she served as a Legal Member of the Canada Pension Plan/Old Age Security Review Tribunals. A member of the Bar for the Province of Quebec, Ms. Castonguay has a Bachelor of Arts degree in Industrial Relations from the University of Montréal and a Bachelor of Laws degree from the University of Ottawa.

Ms. Castonguay was appointed part-time member of the Tribunal on December 14, 2009, for a term of one year.

APPENDIX 3
Statutory Responsibilities

The Status of the Artist Act requires or permits the Tribunal to undertake the following activities:

1. pass by-laws governing the conduct of its affairs [subs.11(2)];
2. hold meetings or proceedings of the Tribunal at such times and locations in Canada as it considers desirable [subs.13(2)];
3. make regulations of general application which it considers conducive to the performance of its duties [s.16];
4. make interim orders [subs.20(2)];
5. rescind or amend determinations or orders and rehear applications [subs.20(1)];
6. file a copy of its order or determination in the Federal Court for purposes of enforcement [s.22];
7. review by-laws of artists' associations [s.23];
8. receive copies of membership lists filed by associations of producers [s.24];
9. receive applications for certification from artists' associations pursuant to s.25 and provide public notice of the application;
10. determine the appropriateness of sectors for collective bargaining [s.26];
11. determine whether an artists' association is representative of the sector for which it seeks certification [s.27];
12. certify artists' associations to represent specific sectors [s.28];
13. maintain a register of all certificates issued [subs.28(4)];
14. receive, consider and decide applications for revocation of certification [s.29];
15. determine the rights, duties and privileges acquired by an artists' association following a merger, amalgamation or transfer of jurisdiction [s.30];
16. determine whether contractual conditions are more favourable to an artist than those contained in a scale agreement [subs.33(5)];
17. change the termination date of a scale agreement when so requested by the parties [s.34];
18. hear and determine questions referred to it by an arbitrator or arbitration board [s.41];
19. hear and decide on applications for a declaration that the use of pressure tactics is unlawful and prescribe appropriate remedies [ss.47,48,49];
20. hear and decide applications alleging unfair labour practices and prescribe appropriate remedies [ss.53,54];
21. issue consent to prosecute [s.59];
22. establish other offices which it considers necessary [subs.13(1)];
23. prepare and submit an annual report to Parliament through the Minister of Labour regarding activities during the fiscal year [s.61].

---

1. Available on-line here.
2. An Act respecting the professional status and conditions of engagement of performing, recording and film artists (R.S.Q., chapter S-32.1) and An Act respecting the professional status of artists in the visual arts, arts and crafts and literature, and their contracts with promoters (R.S.Q., chapter S-32.01)
3. Conference Board of Canada, Valuing Culture: Measuring and Understanding Canada's Creative Economy (August 2008).
4. Available on the Hill Strategies website.
5. Available on the Canadian Heritage website.