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

À jour au 1^er juillet 2009

Ce document a valeur officielle.

chapter S-32.1

Act respecting the professional status and conditions of engagement of performing, recording and film artists

CHAPTER I SCOPE AND DEFINITIONS

1. This Act applies to artists and to producers who retain their professional services in the following fields of artistic endeavour: the stage, including the theatre, the opera, music, dance and variety entertainment, multimedia, the making of films, the recording of discs and other modes of sound recording, dubbing, and the recording of commercial advertisements.

1987, c. 72, s. 1; 2004, c. 16, s. 6.

1.1. For the purposes of this Act, an artist is a natural person who practises an art on his own account and offers his services, for remuneration, as a creator or performer in a field of artistic endeavour referred to in section 1.

2009, c. 32, s. 1.

1.2. In the context of an audiovisual production mentioned in Schedule I, a natural person who, whether covered by section 1.1 or not, exercises on his own account one of the following occupations, or an occupation judged analogous by the Commission, and offers his services for remuneration is considered to be an artist:

(1)  an occupation relating to the design, planning, setting up, making or applying of costumes, hairstyles, prostheses, make-up, puppets, scenery, sets, lighting, images, sound, photography, visual or sound effects, special effects, or any occupation relating to recording;

(2)  an occupation relating to sound or picture editing and continuity;

(3)  the occupations of script supervisor or location scout manager, and occupations relating to the management or logistics of an efficient and safe shoot, whether indoors or outdoors, including the transport and handling of equipment and accessories;

(4)  the occupations of trainee, team leader and assistant in relation to persons exercising occupations referred to in this section or section 1.1.

The following are not covered by this section: accounting, auditing, management and representation, legal and advertising services, or similar administrative services that have only a peripheral contributing value or interest in the creation of a work.

2009, c. 32, s. 1.

2. In this Act, unless the context indicates a different meaning,

“Commission” means the Commission des relations du travail established by section 112 of the Labour Code (chapter C-27);

“film” means a work produced with the use of technical means resulting in a cinematographic effect, regardless of the medium, and includes a video;

“producer” means a person or partnership who or which retains the services of artists in view of producing or presenting to the public an artistic work in a field of endeavour contemplated in section 1.

1987, c. 72, s. 2; 1999, c. 40, s. 310; 2009, c. 32, s. 2.

3. The fact that an artist furnishes personal services through a partnership or legal person is no obstacle to the application of this Act.

1987, c. 72, s. 3; 1997, c. 26, s. 1.

4. This Act is binding on the Government and on government departments and bodies.

1987, c. 72, s. 4; 1997, c. 26, s. 2.

5. This Act does not apply to a person whose services are retained for an occupation contemplated by a certification granted under the Labour Code (chapter C-27) or a decree passed under the Act respecting collective agreement decrees (chapter D-2).

1987, c. 72, s. 5.

CHAPTER II PROFESSIONAL STATUS OF ARTISTS

6. For the purposes of this Act, an artist who regularly binds himself to one or several producers by way of engagement contracts pertaining to specified performances is deemed to practise an art or exercise an occupation referred to in section 1.2 on his own account.

1987, c. 72, s. 6; 2009, c. 32, s. 3.

7. Every artist is free to join any artists’ association he chooses and to participate in its establishment, activities and administration.

1987, c. 72, s. 7.

8. Every artist is free to negotiate and agree the conditions of his engagement by a producer. An artist and a producer bound by the same group agreement cannot, however, stipulate a condition that is less advantageous for the artist than the condition stipulated in the group agreement.

1987, c. 72, s. 8.

CHAPTER III RECOGNITION OF ARTISTS’ ASSOCIATIONS

DIVISION I RIGHT TO RECOGNITION

9. Every artists’ association which

(1)  is a professional syndicate or an association having an object similar to that of a professional syndicate within the meaning of the Professional Syndicates Act (chapter S-40),

(2)  comprises the majority of artists in any negotiating sector defined by the Commission des relations du travail,

is entitled to recognition.

1987, c. 72, s. 9; 1997, c. 26, s. 3; 2009, c. 32, s. 4.

10. No association may be recognized unless it adopts by-laws

(1)  prescribing membership requirements based on the professional attributes of artists;

(2)  establishing classes of members and determining the rights of each class, in particular the right to take part in meetings and the right to vote;

(3)  conferring on the members included under a draft group agreement the right to vote by secret ballot on its contents where the draft agreement contains an amendment to the rates of remuneration provided in an existing agreement binding between the association and an association of producers or another producer in the same sector;

(4)  prescribing that all decisions as to membership requirements shall be submitted to the qualified members for approval;

(5)  making the calling of a general meeting or the polling of the members mandatory where 10% of the members request it.

1987, c. 72, s. 10; 1997, c. 26, s. 4.

11. The by-laws of an artists’ association shall contain no provision whereby an artist would be unjustly prevented from joining or maintaining his membership in the association or from qualifying for membership in the association.

1987, c. 72, s. 11.

11.1. No artist or person acting on behalf of an artist or a recognized artists’ association shall seek to dominate, hinder or finance the formation or the activities of any association of producers, or to prevent any person from participating therein.

No producer or person acting on behalf of a producer or an association of producers shall seek to dominate, hinder or finance the formation or the activities of a recognized artists’ association, or to prevent any person from participating therein.

1997, c. 26, s. 5.

11.2. No person shall use intimidation or threats to induce anyone to become, refrain from becoming or cease to be a member of an artists’ association or an association of producers.

1997, c. 26, s. 5.

DIVISION II RECOGNITION PROCEDURE

12. An artists’ association shall apply for recognition by way of a written application addressed to the Commission.

The application must be authorized by a resolution of the association and signed by representatives specially mandated for that purpose.

1987, c. 72, s. 12.

13. An association may apply for recognition for one or several negotiating sectors.

1987, c. 72, s. 13.

14. Recognition may be applied for

(1)  at any time in respect of a sector for which no association is recognized;

(2)  within the three months preceding every fifth anniversary of the date of taking effect of a recognition.

However, where an artists’ association has filed an application for recognition in respect of a sector with the Commission, no other artists’ association may file an application for that sector or for part of that sector except within the 20 days following the publication of a notice under section 16.

1987, c. 72, s. 14; 1988, c. 69, s. 51; 1997, c. 26, s. 6.

15. The application for recognition must be accompanied with a certified copy of the by-laws of the association and the membership list.

1987, c. 72, s. 15.

16. Where the Commission is called upon to rule on an application for recognition, it may take any measure it considers necessary to ascertain whether the membership of the association accounts for the majority of artists in the sector concerned. The Commission may, for instance, hold a referendum.

The Commission shall publish, in at least two daily newspapers having general circulation in Québec, a notice of the filing of an application for recognition. The Commission shall similarly publish a notice indicating that it intends to ascertain the representativeness of the association and indicating what measures it has decided to take for that purpose. The Commission must state, in the notice, the closing date for filing an application for recognition for the sector or part of the sector concerned, and for addressing the Commission under section 17.

Where an application for recognition relates to a negotiating sector defined for only part of the territory of Québec, a notice provided for in the second paragraph may be given once in a daily newspaper having general circulation in Québec and once in a daily newspaper having circulation in the part of the territory included under the recognition.

1987, c. 72, s. 16; 1988, c. 69, s. 52; 1997, c. 26, s. 7.

17. Where an application for recognition is being considered, the artists, the artists’ associations and any producer or association of producers may address the Commission on the question of defining the negotiating sector.

Notwithstanding the foregoing, only the artists and the artists’ associations in the sector so defined are interested parties with respect to whether the members of the applicant association are in the majority.

An address to the Commission must be presented within 20 days following the publication of a notice under section 16.

1987, c. 72, s. 17; 1997, c. 26, s. 8.

18. If the Commission is satisfied that the association comprises the majority of artists in the sector concerned and that its by-laws fulfil the requirements of this Act, it shall grant recognition to the association.

1987, c. 72, s. 18.

18.1. If an application for recognition for a sector has been filed with the Commission and another association files an application for that sector or part of that sector, the parties may jointly request that the Commission designate a person to facilitate an agreement between them.

Sections 68.3 and 68.4 apply with the necessary modifications.

1997, c. 26, s. 9; 2009, c. 32, s. 5.

19. Recognition granted to an association takes effect on the date of the Commission’s decision.

1987, c. 72, s. 19; 2009, c. 32, s. 6.

DIVISION III WITHDRAWAL OF RECOGNITION

20. On the application of not less than 25% of the artists in the sector in which an association is recognized or on the application of an association of producers affected by the recognition, the Commission shall verify whether the association comprises the majority of artists in the sector.

An application for verification may be made only in the periods contemplated in paragraph 2 of section 14.

The Commission shall withdraw recognition from an association if it considers that its membership no longer comprises the majority of artists in the sector.

1987, c. 72, s. 20.

21. Recognition of an artists’ association withdraws recognition of any other artists’ association in the sector contemplated by the new recognition.

1987, c. 72, s. 21.

22. On the application of any interested party, the Commission may withdraw recognition at any time if it is proved that the by-laws of the association no longer fulfil the requirements of this Act or are not enforced.

1987, c. 72, s. 22.

23. A withdrawal of recognition takes effect on the date of the Commission’s decision.

1987, c. 72, s. 23; 2009, c. 32, s. 7.

DIVISION IV EFFECTS OF RECOGNITION

24. Recognition confers, in the sector defined therein, the following rights and powers on an artists’ association:

(1)  to defend and promote the economic, social, moral and professional interests of the artists;

(2)  to represent the artists in every instance where it is in the general interest that it should do so, and to cooperate for that purpose with any organization pursuing similar ends;

(3)  to conduct research and surveys on the development of new markets and on any matter which may affect the economic and social situation of the artists;

(4)  to fix the amount that a member or non-member of the association may be required to pay;

(5)  to collect any amounts due to the artists whom it represents, and remit the amounts to them;

(6)  where there is no group agreement, to establish model contracts for the performance of services and make agreements with the producers as to the use of such contracts;

(7)  to negotiate a group agreement, which must include a model contract for the performance of services by the artists.

1987, c. 72, s. 24; 1997, c. 26, s. 10.

25. At the request of the Commission, a recognized association shall transmit its membership list to the Commission in the form prescribed thereby.

The association shall also transmit a copy of any amendment to its by-laws to the Commission.

1987, c. 72, s. 25.

26. Every association of producers and every producer who is not a member of an association of producers shall, for the purposes of negotiating a group agreement, recognize the artists’ association recognized by the Commission as the sole representative of the artists in the negotiating sector concerned.

1987, c. 72, s. 26.

26.1. As soon as the notice of negotiation provided for in section 28 is sent, a recognized artists’ association and an association of producers or a producer who is not a member of an association of producers may agree, in writing, that a producer shall withhold the amount referred to in paragraph 4 of section 24 from the remuneration paid by the producer to an artist.

Where an agreement in writing is entered into between the parties or a decision is made by an arbitrator under the third paragraph, the producer is required to remit to the recognized artists’ association, at the established intervals, the amounts withheld together with a statement indicating the amount withheld for each artist.

One year after the notice provided for in section 28 has been given, one of the parties may, if no agreement on withholding or group agreement has been entered into, apply to the Minister for the designation of an arbitrator who shall fix the amount to be withheld and determine the terms and conditions applicable to the withholding of that amount. The provisions of Book VII of the Code of Civil Procedure (chapter C-25), adapted as required, apply to the arbitration.

The expenses and remuneration of the arbitrator shall be borne by the parties.

1997, c. 26, s. 12; 2009, c. 32, s. 8.

26.2. The alienation of a producer’s enterprise, or a change in its legal structure by way of amalgamation or otherwise, does not terminate the contract of an artist.

The contract is binding on the successor of the producer. The successor is, in particular, bound to pay such remuneration as may become payable to an artist initially under contract with the producer, if the productions to which the contract relates are transferred to the new producer.

1997, c. 26, s. 12.

DIVISION V GROUP AGREEMENT

27. In a negotiating sector, the recognized artists’ association and an unrecognized association of producers or a producer who is not a member of an association of producers may negotiate and conclude a group agreement providing minimum conditions with respect to the engagement of artists. Where an association of producers is recognized for a field of activities, the recognized artists’ association shall not negotiate or conclude a group agreement except with that association.

In negotiating a group agreement, the parties shall take into consideration the objective of facilitating the inclusion of junior artists and the economic conditions prevailing in small production enterprises.

1987, c. 72, s. 27; 1997, c. 26, s. 13.

28. The recognized artists association or the association of producers, or the producer who is not a member of an association of producers, as the case may be, may initiate the negotiation of a group agreement by giving the other party written notice of at least ten days, requesting a meeting in view of the conclusion of a group agreement.

Where the parties are already bound by a group agreement, the recognized artists association or the association of producers, or the producer who is not a member of an association of producers, may give such a notice in the 120 days preceding the expiry of the agreement.

1987, c. 72, s. 28; 1997, c. 26, s. 14.

29. The party who gives a notice provided for in section 28 must send a copy thereof on the same day to the Minister by registered or certified mail. The Minister shall inform the parties of the date on which it received a copy of the notice.

1987, c. 72, s. 29; 2009, c. 32, s. 8.

30. The parties must begin to negotiate at the time fixed in the notice provided for in section 28 and conduct the negotiations in good faith.

1987, c. 72, s. 30.

31. At any stage of the negotiations, either party may request the Minister to appoint a mediator.

The expenses and the remuneration of the mediator shall be borne by the Minister.

1987, c. 72, s. 31; 1997, c. 26, s. 15; 2009, c. 32, s. 8.

32. The mediator appointed by the Minister shall convene the interested parties and attempt to bring them to a settlement.

The parties must attend every meeting to which they are convened by the mediator.

The mediator may make recommendations to the parties as to the conditions of engagement of artists. The mediator shall submit his report to the Minister and to the parties.

1987, c. 72, s. 32; 1997, c. 26, s. 16; 2009, c. 32, s. 8.

33. During the negotiation of a first group agreement, either party may apply to the Minister for the designation of an arbitrator if the intervention of the mediator has not been successful.

During the negotiation of any subsequent group agreement, the application for the designation of an arbitrator must be made jointly by the parties to the preceding agreement.

The arbitration award has the same effect as a group agreement.

The expenses and remuneration of the arbitrator shall be borne by the Minister.

1987, c. 72, s. 33; 1997, c. 26, s. 17; 2009, c. 32, s. 8.

33.1. Sections 76 and 78, the first paragraph of section 79, sections 80 to 91.1 and sections 93 and 93.7 of the Labour Code (chapter C-27), adapted as required, apply to the arbitration provided for in section 33.

1997, c. 26, s. 17; 2004, c. 16, s. 7.

34. Unless an agreement has been reached or the parties have submitted their dispute to arbitration, the recognized artists association may, after the expiry of 30 days after the date the Minister received the notice provided for in section 28, initiate concerted action against the other party so as to induce the party to conclude a group agreement.

After the expiry of the same time, the association of producers and, as the case may be, the producer who is not a member of an association of producers may initiate concerted action against the recognized artists association so as to induce it to conclude a group agreement.

1987, c. 72, s. 34; 1997, c. 26, s. 18; 2009, c. 32, s. 8.

35. A certified copy of the group agreement and of the schedules to the agreement must be filed with the Minister of Labour within 60 days of signing. The same rule applies to any amendment subsequently made to the group agreement.

Once filed, a group agreement has effect retroactively from the date of coming into force specified in the agreement, if any, or from the date of signing.

The party filing the group agreement shall notify the other party of the filing.

1987, c. 72, s. 35; 1997, c. 26, s. 19; 2009, c. 32, s. 9.

35.1. The group agreement shall include a grievance arbitration procedure.

Section 101 of the Labour Code (chapter C-27), including section 129 to which it refers, applies, with the necessary modifications, to arbitration awards made as part of the grievance arbitration procedure.

The group agreement can also stipulate that, at the date of expiry, the minimum conditions of engagement of artists contained in the agreement continue to apply until a new agreement is signed.

1997, c. 26, s. 19; 2004, c. 16, s. 8; 2009, c. 32, s. 10.

35.2. If, when a grievance is to be submitted to arbitration, the parties cannot agree on the appointment of an arbitrator or the group agreement does not provide for the appointment of an arbitrator, one party may apply to the Minister for the appointment of an arbitrator.

1997, c. 26, s. 19; 2009, c. 32, s. 8.

36. The term of a first group agreement shall not exceed three years. If the first group agreement results from an arbitration award, the term shall not exceed two years.

1987, c. 72, s. 36; 1997, c. 26, s. 19.

37. A newly recognized association replaces the association formerly recognized in the same sector or, as the case may be, the same field of activities in respect of all the rights and obligations resulting from a group agreement concluded by the latter association and still in force.

The withdrawal of recognition unaccompanied with recognition of a new association terminates any group agreement concluded by the association whose recognition is withdrawn. However, the minimum conditions of employment contained in the group agreement shall continue to apply until the date of expiry of the group agreement or until a new group agreement is entered into with another association that is granted recognition in the same sector or in the same field of activities.

1987, c. 72, s. 37; 1997, c. 26, s. 20.

37.1. A recognized artists’ association must, before engaging in concerted action, give five days’ prior notice to the producer concerned and, where applicable, to the association of which the producer is a member.

The association of producers and the producer who is not a member of an association must, likewise, give five days’ prior notice to the recognized association of which the artists concerned are members.

1997, c. 26, s. 21.

38. During the term of a group agreement or arbitration award,

(1)  no recognized association nor any artists it represents may boycott or advise or enjoin artists to boycott a producer or association of producers bound by the agreement or award, or use any similar pressure tactics against them;

(2)  no producer may use any pressure tactics that result in depriving of work artists bound by that agreement or award.

1987, c. 72, s. 38.

39. No recognized association nor any artist represented thereby may use pressure tactics against any person that are designed to prevent a producer to whom the association is bound by a group agreement from producing an artistic work or presenting it to the public, or designed to induce a third person to use pressure tactics against a producer or an association of producers to conclude a group agreement.

1987, c. 72, s. 39; 1997, c. 26, s. 22.

40. The group agreement binds the producer and every artist belonging to the negotiating sector who is engaged by the producer. In the case of an agreement concluded with an unrecognized association of producers, the agreement binds every producer who is a member of the association at the time of the signing of the agreement or who subsequently becomes a member thereof, even if he ceases to belong to the association or the association is dissolved.

In the case of an agreement concluded with a recognized association of producers, the group agreement binds every producer who is a member of the recognized association as well as any other producer working in the field of activities of the recognized association, even if the association is dissolved.

1987, c. 72, s. 40; 1997, c. 26, s. 23.

41. The recognized association may exercise the recourses of the artists it represents under the group agreement without having to establish an assignment of the claim of the member concerned.

1987, c. 72, s. 41.

42. No producer may refuse to engage an artist on account of his exercising his rights under this Act.

1987, c. 72, s. 42.

CHAPTER III.1 RECOGNITION OF AN ASSOCIATION OF PRODUCERS

1997, c. 26, s. 24.

42.1. Every association of producers which

(1)  is an association having as its object the study, defence and promotion of the interests of its members;

(2)  is, in the opinion of the Commission, the most representative as regards the economic activity of producers and the number of members working in a field of activities defined by the Commission,

is entitled to recognition.

1997, c. 26, s. 24.

42.2. Every producer is free to join an association of producers and to take part in the establishment, activities and administration of such an association.

1997, c. 26, s. 24.

42.3. An association of producers may apply for recognition for one or more fields of activity.

1997, c. 26, s. 24.

42.4. No association of producers may be recognized unless it adopts by-laws

(1)  prescribing membership requirements based on the exercise, by the producers, of an activity corresponding to the field of activities for which the association has applied for recognition;

(2)  establishing classes of members and determining the rights of each class, in particular the right to take part in meetings and to vote;

(3)  conferring on the members to whom a draft group agreement applies the right to vote by secret ballot on the content of the agreement if it contains a clause that entails a change in the rates of remuneration established by an existing agreement binding the association and an artists’ association;

(4)  prescribing that all decisions as to membership requirements shall be submitted to the qualified members for approval;

(5)  making the calling of a general meeting or the polling of the members mandatory where 10% of the members request it.

1997, c. 26, s. 24.

42.5. Sections 11, 12 and 14 to 23, paragraphs 1 to 4 and 7 of section 24 and section 25, adapted as required, apply to an association of producers.

However, the percentage required for an application under section 20 is calculated on the basis of the number of producers working in the field of activities for which the association has been recognized and the economic activities of all the producers in that field of activities during the year preceding the application.

1997, c. 26, s. 24.

CHAPTER IV FUNCTIONS AND POWERS OF COMMISSION DES RELATIONS DU TRAVAIL

1997, c. 26, s. 25; 2009, c. 32, s. 11.

DIVISION I

Repealed, 2009, c. 32, s. 12.

2009, c. 32, s. 12.

43. (Repealed).

1987, c. 72, s. 43; 1997, c. 26, s. 26; 2009, c. 32, s. 12.

44. (Repealed).

1987, c. 72, s. 44; 2004, c. 16, s. 9; 2009, c. 32, s. 12.

45. (Repealed).

1987, c. 72, s. 45; 2009, c. 32, s. 12.

46. (Repealed).

1987, c. 72, s. 46; 2000, c. 8, s. 220; 2009, c. 32, s. 12.

47. (Repealed).

1987, c. 72, s. 47; 2009, c. 32, s. 12.

47.1. (Repealed).

1988, c. 69, s. 53; 2009, c. 32, s. 12.

47.2. (Repealed).

2004, c. 16, s. 10; 2009, c. 32, s. 12.

48. (Repealed).

1987, c. 72, s. 48; 2000, c. 56, s. 219; 2009, c. 32, s. 12.

49. (Repealed).

1987, c. 72, s. 49; 2009, c. 32, s. 12.

50. (Repealed).

1987, c. 72, s. 50; 2009, c. 32, s. 12.

51. (Repealed).

1987, c. 72, s. 51; 2009, c. 32, s. 12.

52. (Repealed).

1987, c. 72, s. 52; 2009, c. 32, s. 12.

53. (Repealed).

1987, c. 72, s. 53; 2009, c. 32, s. 12.

54. (Repealed).

1987, c. 72, s. 54; 2009, c. 32, s. 12.

55. (Repealed).

1987, c. 72, s. 55; 2009, c. 32, s. 12.

DIVISION II

Heading repealed, 2009, c. 32, s. 13.

2009, c. 32, s. 13.

56. For the purposes of this Act, the Commission’s functions are

(1)  to decide any application for recognition submitted by an artists’ association or an association of producers; and

(2)  to decide whether the membership requirements provided for by the by-laws of recognized associations comply with this Act and whether those requirements are enforced.

1987, c. 72, s. 56; 1988, c. 69, s. 54; 1997, c. 26, s. 28; 2009, c. 32, s. 14.

57. The Commission, upon application, may define negotiating sectors and, where applicable, fields of activity in respect of which recognition may be granted.

1987, c. 72, s. 57; 1997, c. 26, s. 29.

58. The Commission, of its own initiative, upon receiving an application for recognition, and at any time on the motion of an interested person, may decide whether a person is comprised in a negotiating sector or, where applicable, a field of activity or decide any other matter relating to recognition, including the status of artist or producer within the meaning of this Act.

1987, c. 72, s. 58; 1997, c. 26, s. 30; 2009, c. 32, s. 15.

59. For the purposes of sections 57 and 58, the Commission shall take into particular account the common interest of the artists or, as the case may be, the producers concerned and the history of their relations in respect of the negotiation of group agreements.

The Commission may also take into account the interest that producers may have to group together according to the shared characteristics of their activities.

1987, c. 72, s. 59; 1997, c. 26, s. 31.

59.1. The Commission may resolve any difficulty arising from the application of the provisions of this Act and those of the Labour Code (chapter C-27). To that end the Commission may, among other things, specify the respective scope of a certification and a recognition granted under those provisions, refuse to issue a certification or recognition or, within the scope of its power under paragraph 1 of section 118 of the Code, summarily reject any application made for the principal purpose of circumventing this Act or obtaining another certification or recognition in addition to a previously granted certification or recognition.

2009, c. 32, s. 16.

60. The Commission may require any information from artists’ associations, associations of producers and producers and examine any document, as may be necessary for the performance of its duties.

1987, c. 72, s. 60; 1997, c. 26, s. 32.

61. (Repealed).

1987, c. 72, s. 61; 2009, c. 32, s. 17.

62. The Commission may decide an application in part only.

Subsequent to an application for recognition or for withdrawal of recognition or an application for verification of the representativeness of a recognized association, the Commission may order that negotiations and the time in which to initiate concerted action and prevent the renewal of a group agreement be suspended. In such a case, the minimum conditions provided in the group agreement remain in effect and section 38 applies until the Commission has ruled on the applications before it.

1987, c. 72, s. 62; 1988, c. 69, s. 55; 2009, c. 32, s. 18.

63. Before rendering a decision on an application for recognition or for withdrawal of recognition, the Commission shall give the association concerned an opportunity to make representations.

In the case of a motion relating to the matter of which negotiating sector or field of activities a person belongs to, the Commission shall give every producer and every interested association intervening in the case an opportunity to make representations.

1987, c. 72, s. 63; 1997, c. 26, s. 33; 2009, c. 32, s. 19.

63.1. (Repealed).

2004, c. 16, s. 11; 2009, c. 32, s. 20.

64. The provisions of the Labour Code (chapter C-27) respecting the Commission des relations du travail, its commissioners and its labour relations officers apply, with the necessary modifications, to any application that lies within the Commission’s purview under this Act. Likewise, the provisions of the Code and the regulations that set out rules of procedure, evidence or practice apply to any application the Commission may receive.

1987, c. 72, s. 64; 2009, c. 32, s. 21.

65. A copy of every decision made by the Commission under this Act must be sent to the Minister.

1987, c. 72, s. 65; 2009, c. 32, s. 21.

66. (Replaced).

1987, c. 72, s. 66; 2009, c. 32, s. 21.

67. (Replaced).

1987, c. 72, s. 67; 2009, c. 32, s. 21.

68. (Replaced).

1987, c. 72, s. 68; 2009, c. 32, s. 21.

CHAPTER IV.1 INQUIRY AND OTHER ADMINISTRATIVE MEASURES

2009, c. 32, s. 22.

68.1. The Minister may designate any person to inquire into any matter relating to the carrying out of this Act.

Such a person has, for the purposes of the inquiry, the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

2009, c. 32, s. 22.

68.2. The Minister shall draw up, annually, a list of mediators and arbitrators for the purposes of this Act, after consultation with recognized artists’ associations and associations of producers.

With the consent of the parties concerned, the Minister may also designate as mediator a conciliation officer or mediator from the Ministère du Travail identified by the Minister of Labour.

2009, c. 32, s. 22.

68.3. Except with the consent of the parties, nothing that is said or written in the course of a mediation session may be admitted as evidence before a court of justice or before a person or administrative body exercising adjudicative functions.

2009, c. 32, s. 22.

68.4. Mediators cannot be compelled to divulge, before a court of justice or before a person or administrative body exercising adjudicative functions, information revealed to them or brought to their knowledge in the course of their mediation functions, or to produce documents made or obtained in the course of their mediation functions.

Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person has a right of access to the documents of a mediation file.

2009, c. 32, s. 22.

CHAPTER V OFFENCES AND PENALTIES

69. Every person who contravenes any of sections 26, 30 and 42 is guilty of an offence and is liable to a fine of $100 to $1,000.

1987, c. 72, s. 69; 1990, c. 4, s. 839.

70. Every person who contravenes section 11.1 or 11.2, the second paragraph of section 26.1, sections 38 or 39 is guilty of an offence and is liable to a fine

(1)  of $50 to $200, in the case of an artist or a person acting on an artist’s behalf;

(2)  of $500 to $5,000, in the case of an officer or employee of an artists’ association or an association of producers, or of a director, a person acting on behalf of an artists’ association, a producer or an association of producers, or any advisor thereof;

(3)  of $2,500 to $25,000, in the case of a producer, artists’ association or association of producers or in the case of any union, federation, confederation or central labour body to which an artists’ association or association of producers is affiliated or belongs.

1987, c. 72, s. 70; 1990, c. 4, s. 839; 1997, c. 26, s. 34.

71. (Repealed).

1987, c. 72, s. 71; 1990, c. 4, s. 840; 1992, c. 61, s. 594.

CHAPTER VI TRANSITIONAL AND FINAL PROVISIONS

72. An artists’ association bound to an association of producers by a group agreement on the conditions of engagement of artists in force on 12 November 1987 may file the agreement with the Commission before 1 June 1988.

Such an association may, before 1 June 1988, file with the Commission a copy of its by-laws and, subsequently, a copy of any amendment to its by-laws.

1987, c. 72, s. 72.

73. An artists’ association which complies with section 72 is deemed to have been recognized under this Act on 1 April 1988 for the negotiating sector corresponding to the field to which the filed group agreement applies.

For the purposes of section 14, the date mentioned in the first paragraph constitutes the date of taking effect of recognition.

1987, c. 72, s. 73; 1999, c. 40, s. 310.

74. Every group agreement binding an artists’ association recognized by the effect of section 73 and an association of producers is deemed to have been concluded under this Act.

Sections 38 to 41 apply to the associations of producers, producers, artists’ associations and artists included under the agreement, from the date of its filing with the Commission.

1987, c. 72, s. 74.

75. The Commission, upon the application of one of the parties bound by a group agreement contemplated in section 74, may decide any dispute as to the definition of the negotiating sector corresponding to the field to which the group agreement applies, unless the agreement provides that the dispute may be submitted to arbitration.

1987, c. 72, s. 75.

76. The Minister of Culture and Communications is responsible for the administration of this Act.

1987, c. 72, s. 76; 1992, c. 65, s. 43; 1994, c. 14, s. 34.

77. (Omitted).

1987, c. 72, s. 77.

SCHEDULE I

(section 1.2)

Audiovisual productions in the fields of film and recording of commercial advertisements

“film and television productions” means film and television productions, including pilots, that are to be first marketed for distribution to the public via movie theatres, television, home viewing, Internet viewing or some other means. A film or television production includes an audiovisual production that qualifies as a film within the meaning of this Act and is not an “advertising film” or a “video-clip”;

“advertising film” means audiovisual commercial advertisements, whatever the medium, that are to be first marketed via television or movie theatres;

“video-clip” means

(1) any video-clip, whatever the medium and regardless of how it is to be marketed to the public; and

(2) any total or partial recording of a musical, comedy or variety show, whatever the medium, except a recording that is to be first marketed via movie theatres or television.

2009, c. 32, s. 23.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 72 of the statutes of 1987, in force on 1 March 1988, is repealed, except section 77, effective from the coming into force of chapter S-32.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1 to 75 of chapter 72 of the statutes of 1987, in force on 1 March 1989, are repealed effective from the coming into force of the updating to 1 March 1989 of chapter S-32.1 of the Revised Statutes.