Mandate, Role and Responsibilities

Since 1995, the Canadian Artists and Producers Professional Relations Tribunal (CAPPRT) has administered Part II of the Status of the Artist Act, which governs professional relations (labour relations) between self-employed artists and federally regulated producers.

The Tribunal is a quasi-judicial, independent federal agency, whose ultimate aim is to encourage constructive professional relations between these parties.

Producers in the Tribunal's jurisdiction are broadcasting undertakings regulated by the Canadian Radio-television and Telecommunications Commission (CRTC), federal government departments, and the majority of federal government agencies and Crown corporations (such as the National Film Board and the national museums).

The 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 responsibilities:

• To define the sectors of cultural activity suitable for collective bargaining between artists' associations and producers within CAPPRT's jurisdiction, and 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 to prescribe appropriate remedies for contraventions of Part II of the Act.

By following the procedures specified in the Act, artists' associations may become certified by CAPPRT, granting them 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 works from, self-employed artists in a specified sector.

The Tribunal reports to Parliament through the Minister of Labour. Part II of the Act assigns specific responsibilities to the Minister of Canadian Heritage as well.

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 for conformity with [s. 23];

8. receive copies of membership lists filed by associations of producers in conformity with [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].