Artists and Producers–Status of the Artist Act
The CIRB deals with applications and complaints involving the acquisition and termination of collective bargaining rights for artists’ associations to represent self-employed artists, unfair labour practices and other matters brought forward by artists, artists’ associations or producers in federal jurisdiction.
Who Can Benefit from the CIRB’s Expertise?
- Self-employed artists
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 production and who are eligible for coverage under the Act.
- Artists’ associations that represent self-employed artists
By following the procedures specified in section 25 of the Status of the Artist 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 and producers' associations
Producers in 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.).
Producers, pursuant to section 24 of the Status of the Artist 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 Status of the Artist 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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