Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
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Assented to 2012-06-29
552. The portion of section 48 of the Act before paragraph (a) is replaced by the following:
Marginal note:Declaration — producer’s pressure tactics unlawful
48. If an artists’ association applies to the Board alleging that a producer has authorized or applied pressure tactics in contravention of this Part, or is about to do so, the Board may, after affording the producer an opportunity to be heard, declare the pressure tactics to be unlawful and, if the association so requests, make an order
553. Section 49 of the Act is replaced by the following:
Marginal note:Order’s terms and duration
49. (1) An order that is made under section 47 or 48 shall be on any terms that the Board considers necessary and sufficient to meet the circumstances of the case and, subject to subsection (2), shall have effect for the period indicated in the order.
Marginal note:Application for supplementary order
(2) If anyone affected by an order made under section 47 or 48 applies to the Board and gives notice of the application to the parties named in the order, the Board may, by supplementary order, continue or modify the order for any period that is indicated in the supplementary order, or may revoke the order.
554. Paragraph 50(f) of the Act is replaced by the following:
(f) bargain for the purpose of entering into a scale agreement, or enter into a scale agreement, with an artists’ association in respect of a sector, if the producer knows or, in the Board’s opinion, ought to know that another artists’ association is certified in respect of that sector.
555. Paragraphs 51(a) and (b) of the Act are replaced by the following:
(a) bargain for the purpose of entering into a scale agreement, or enter into a scale agreement with a producer in respect of a sector, if the association or person knows or, in the Board’s opinion, ought to know that another artists’ association is certified in respect of that sector;
(b) bargain for the purposes of entering into a scale agreement, or enter into a scale agreement in respect of a sector, with a producer that the association knows or, in the Board’s opinion, ought to know is represented by an association of producers that has filed its membership list under subsection 24(2);
556. (1) The portion of subsection 53(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Complaints to Board
53. (1) Any person or organization may make a complaint in writing to the Board that
(2) Subsection 53(2) of the Act is replaced by the following:
Marginal note:Time for making complaint
(2) The complaint shall be made to the Board within six months after the day on which the complainant knew or, in the Board’s opinion, ought to have known of the action or circumstances giving rise to the complaint.
(3) The portion of subsection 53(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Inadmissible complaints
(3) The Board shall hear the complaint unless the Board is of the opinion that it
(4) Paragraph 53(3)(b) of the English version of the Act is replaced by the following:
(b) is not within the Board’s jurisdiction, or could be referred by the complainant to an arbitrator or arbitration board, under a scale agreement.
(5) Subsection 53(4) of the Act is replaced by the following:
Marginal note:Board’s duty and power
(4) If the Board is of the opinion that the complaint must be heard, it may appoint a member who was never seized of the matter, or a member of the Board’s staff, to assist the parties to settle it and, if the matter is not settled within a period that the Board considers reasonable in the circumstances, or if the Board decides not to appoint a person to assist the parties to settle it, the Board shall hear and determine the complaint.
557. (1) The portion of subsection 54(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Board may make orders
54. (1) If the Board determines that a party to a complaint failed to comply with section 32, 35, 50, 51 or 52, the Board may order the party to comply with or to cease contravening that section and may
(2) Paragraphs 54(1)(a) and (b) of the English version of the Act are replaced by the following:
(a) in respect of a failure to comply with paragraph 32(b), order a producer to pay the artist compensation not exceeding the amount of remuneration that would, but for that failure, have been paid to the artist, in the Board’s opinion, under the scale agreement or the artist’s contract;
(b) in respect of a failure to comply with section 35, require an artists’ association to pursue the rights and remedies of any artist affected by that failure, or to assist the artist to pursue any rights and remedies that, in the Board’s opinion, it was the duty of the association to pursue;
(3) Subparagraphs 54(1)(c)(ii) and (iii) of the English version of the Act are replaced by the following:
(ii) to pay to any artist affected by that failure compensation not exceeding the amount of remuneration that would, but for that failure, have been paid to that artist, in the Board’s opinion, under the scale agreement or the contract, and
(iii) to rescind any disciplinary action taken against any artist affected by that failure, and pay the artist compensation not exceeding the amount, in the Board’s opinion, of any financial or other penalty provided for in the scale agreement or the contract and imposed on the artist by the producer;
(4) Paragraph 54(1)(d) of the English version of the Act is replaced by the following:
(d) in respect of a failure to comply with paragraph 50(d), order a producer to rescind any action taken against any artist affected by that failure, and pay the artist compensation not exceeding the amount, in the Board’s opinion, of any financial or other penalty provided for in the scale agreement or the contract and imposed on the artist by the producer;
(5) Paragraph 54(1)(f) of the English version of the Act is replaced by the following:
(f) in respect of a failure to comply with paragraph 51(d), (e), (f) or (g), order an artists’ association to rescind any disciplinary action taken against any artist affected by that failure, and pay the artist compensation not exceeding the amount, in the Board’s opinion, of the artist’s actual loss or of any financial or other penalty.
(6) Subsection 54(2) of the Act is replaced by the following:
Marginal note:Other orders
(2) In order to ensure that the purpose of this Part is achieved, the Board may, in addition to or in lieu of any other order authorized under subsection (1), order a producer or an artists’ association to do or refrain from doing anything that it is equitable to require of them, so as to counteract or remedy the contravention of or non-compliance with a provision referred to in that subsection.
Marginal note:1995, c. 11, s. 41
558. Section 56 of the English version of the Act is replaced by the following:
Marginal note:Regulations
56. On the Minister’s recommendation after consultation with the Minister of Canadian Heritage, the Governor in Council may make regulations prescribing anything that may be prescribed under any provision of this Part, and any other regulations that the Governor in Council considers necessary to carry out the provisions of this Part, other than regulations that may be made by the Board under section 16.
559. Paragraph 57(3)(d) of the Act is replaced by the following:
(d) refuses to answer any proper question put to them under paragraph 17(a) by the Board or one of its members or by an arbitrator or an arbitration board
560. Section 59 of the Act is replaced by the following:
Marginal note:Board’s consent before prosecution
59. No prosecution may be instituted in respect of an offence under this Part without the consent in writing of the Board.
561. Subsection 60(1) of the Act is replaced by the following:
Marginal note:Documents as evidence
60. (1) Any document purporting to contain or to be a copy of a determination of the Board and to be signed by one of its members is admissible in evidence in any court without proof of the signature or official character of the member or any further proof.
562. Section 61 of the Act and the heading before it are repealed.
Marginal note:1995, c. 11, s. 42
563. Sections 64 to 67 of the Act are replaced by the following:
Marginal note:Witness fees and expenses
64. A person who is summoned by the Board and attends as a witness in any proceeding taken under this Part is entitled to be paid the allowance for expenses and the witness fees that are in force with respect to witnesses in civil suits in the superior court of the province in which the proceeding is taken.
Marginal note:Persons not required to give evidence
65. No member or employee of the Board or any person appointed by it or the Minister under this Part is required to give evidence in any civil action, suit or other proceeding, respecting information obtained in the discharge of his or her duties under this Part.
Transitional Provisions
Marginal note:Definitions
564. The following definitions apply in sections 565 to 570.
“Board”
« Conseil »
“Board” means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code.
“Tribunal”
« Tribunal »
“Tribunal” means the Canadian Artists and Producers Professional Relations Tribunal established by subsection 10(1) of the Status of the Artist Act, as that Act read immediately before the coming into force of this section.
Marginal note:Appointments terminated
565. (1) Members of the Tribunal cease to hold office on the coming into force of this subsection.
Marginal note:No compensation
(2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the Tribunal has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.
Marginal note:Continuation of proceedings
566. Every proceeding commenced under the Status of the Artist Act before the coming into force of this section is to be taken up and continued under and in conformity with that Act, as it is amended by this Act.
Marginal note:Review of Tribunal’s determination or order
567. The Board may uphold, rescind or amend any determination or order made by the Tribunal.
Marginal note:Powers and duties
568. (1) Any power or duty that is vested in or is exercisable by the Tribunal under a contract, lease, licence, deed, agreement or other document is vested in or is exercisable by the Board.
Marginal note:References
(2) Every reference to the Tribunal in any contract, lease, licence, deed, agreement or other document executed by the Tribunal in its own name shall, unless the context otherwise requires, be read as a reference to the Board.
Marginal note:Commencement of legal proceedings
569. Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Tribunal may be brought against the Board in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Tribunal.
Marginal note:Continuation of legal proceedings
570. Any action, suit or other legal proceeding to which the Tribunal is a party that is pending in any court immediately before the day on which this section comes into force may be continued by or against the Board in the same manner and to the same extent as it could have been continued by or against the Tribunal.
Consequential Amendments
R.S., c. A-1Access to Information Act
Marginal note:1992, c. 33, s. 68
571. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Canadian Artists and Producers Professional Relations Tribunal
Tribunal canadien des relations professionnelles artistes-producteurs
R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act
Marginal note:1992, c. 33, s. 69; 1993, c. 34, s. 70(2)
572. Paragraph 28(1)(p) of the Federal Courts Act is repealed.
R.S., c. F-11Financial Administration Act
Marginal note:SOR/94-272, s. 1; SOR/98-564
573. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to
Canadian Artists and Producers Professional Relations Tribunal
Tribunal canadien des relations professionnelles artistes-producteurs
and the corresponding reference in column II to “Minister of Labour”.
Marginal note:2003, c. 22, s. 11
574. Schedule IV to the Act is amended by striking out the following:
Canadian Artists and Producers Professional Relations Tribunal
Tribunal canadien des relations professionnelles artistes-producteurs
Marginal note:2006, c. 9, s. 270
575. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to
Canadian Artists and Producers Professional Relations Tribunal
Tribunal canadien des relations professionnelles artistes-producteurs
and the corresponding reference in column II to “Chairperson”.
R.S., c. P-21Privacy Act
Marginal note:1992, c. 33, s. 70
576. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Canadian Artists and Producers Professional Relations Tribunal
Tribunal canadien des relations professionnelles artistes-producteurs
Coming into Force
Marginal note:Order in council
577. This Division comes into force on a day to be fixed by order of the Governor in Council.
Division 401993, c. 31National Round Table on the Environment and the Economy Act
Amendment to the Act
578. The National Round Table on the Environment and the Economy Act is amended by adding the following after section 5:
Marginal note:Disposal of assets
5.1 (1) The Round Table is authorized to sell or otherwise dispose of all or substantially all of its assets and to do everything necessary for or incidental to the closing out of its affairs.
Marginal note:Debts and liabilities
(2) The Round Table shall apply any proceeds from the disposal of its assets in satisfaction of its debts and liabilities.
Marginal note:Directions
5.2 (1) The Minister may give directions to the Round Table to do anything that in his or her opinion is necessary
(a) in respect of the exercise of its powers under section 5; and
(b) to sell or otherwise dispose of all or substantially all of its assets, satisfy its debts and liabilities, manage its expenses or otherwise close out its affairs.
Marginal note:Directions binding
(2) The Round Table shall, despite any other provision of this Act, comply with the directions.
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