The Tribunal has jurisdiction over:
Self-employed artists;
Producers in the federal jurisdiction;
The Status of the Artist Act defines artists as independent contractors, who are authors within the meaning of the Copyright Act, directors and performers or other professionals who contribute to the creation of a production. Also, the Professional Category Regulations define additional categories of professional artists who contribute to the creation of a producation and who are eligible for coverage under the Act.
Producers in the federal jurisdiction include all broadcasting undertakings under the jurisdiction of the Canadian Radio-television and Telecommunications Commission, federal government departments and the majority of federal government agencies and crown corporations (such as the Canadian Broadcasting Corporation, the Department of Canadian Heritage, Canada Post Corporation, the National Gallery of Canada, the National Film Board, the National Arts Centre etc.).
By following the procedures specified in the Act, associations representing self-employed artists can obtain legal recognition and the exclusive right to negotiate with producers for the purpose of entering into scale agreements. Producers, pursuant to section 24 of the Act may also form producers' associations 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.
The Act does not apply to employer-employee relationships, as they are covered by other legislation, such as the Canada Labour Code and the Public Service Staff Relations Act.
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Updated: 2005-12-01 |