S-32.1 - Act respecting the professional status of artists in the visual arts, film, the recording arts, literature, arts and crafts and the performing arts

Section 63.3 Disposition versions

2024-03-27

63.3. A complaint referred to in the second paragraph of section 45 must be filed with the Tribunal within two years of the last incidence of psychological harassment.

If the Tribunal considers that the artist has been a victim of psychological harassment and that the producer has failed to fulfil his obligations under section 43, it may render any decision it believes fair and reasonable, taking into account all the circumstances of the matter, including the discriminatory nature of the behaviour, such as

(1)  ordering the producer to reinstate the artist;

(2)  ordering the producer to pay the artist an indemnity up to a maximum equivalent to the remuneration or monetary consideration lost;

(3)  ordering the producer to take reasonable action to put a stop to the harassment;

(4)  ordering the producer to pay moral damages to the artist;

(4.1)  ordering the producer to pay punitive damages to the artist;

(5)  ordering the producer to pay the artist an indemnity for loss of income;

(6)  ordering the producer to pay for the psychological support needed by the artist for a reasonable period of time determined by the Tribunal; and

(7)  ordering the modification of the disciplinary record of the artist who is a victim of psychological harassment.

2022, c. 20, s. 28; 2024, c. 4, s. 41.

2022-06-03

63.3. A complaint referred to in the second paragraph of section 45 must be filed with the Tribunal within two years of the last incidence of psychological harassment.

If the Tribunal considers that the artist has been a victim of psychological harassment and that the producer has failed to fulfil his obligations under section 43, it may render any decision it believes fair and reasonable, taking into account all the circumstances of the matter, including the discriminatory nature of the behaviour, such as

(1)  ordering the producer to reinstate the artist;

(2)  ordering the producer to pay the artist an indemnity up to a maximum equivalent to the remuneration or monetary consideration lost;

(3)  ordering the producer to take reasonable action to put a stop to the harassment;

(4)  ordering the producer to pay punitive and moral damages to the artist;

(5)  ordering the producer to pay the artist an indemnity for loss of income;

(6)  ordering the producer to pay for the psychological support needed by the artist for a reasonable period of time determined by the Tribunal; and

(7)  ordering the modification of the disciplinary record of the artist who is a victim of psychological harassment.

2022, c. 20, s. 28.