S-32.1, r. 1 - Rules of proof and procedure of the Commission de reconnaissance des associations d’artistes et des associations de producteurs

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter S-32.1, r. 1

Rules of proof and procedure of the Commission de reconnaissance des associations d’artistes et des associations de producteurs

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

(chapter S-32.1, s. 65).

Obsolete, 2009, chapter 32, s. 21.

O.C. 1538-90; O.C. 732-98, s. 1.

DIVISION I APPLICATION FOR RECOGNITION OF AN ARTISTS’ ASSOCIATION

1. Every artists’ association or producers’ association applying to the Commission de reconnaissance des associations d’artistes et des associations de producteurs for recognition under section 12 of the Act respecting the professional status and conditions of engagements of performing, recording and film artists (chapter S-32.1), must furnish, in addition to the documents required under that section and section 15 of the Act, the name, address and telephone number of the representative of the association.

O.C. 1538-90, s. 1; O.C. 732-98, s. 2.

2. An application for recognition or any proceeding relating to the application is duly made when 4 copies of the application or proceeding are deposited with the Commission or sent to its address by registered or certified mail, by messenger or by bailiff.

O.C. 1538-90, s. 2.

3. The association shall send a copy of the application for recognition to the interested parties.

O.C. 1538-90, s. 3; O.C. 732-98, s. 3.

4. An application for recognition made to the Commission may be withdrawn at any time by means of a notice in writing by the party in question or by its representative, and a copy of such notice shall be sent to all the interested parties.

O.C. 1538-90, s. 4.

DIVISION II OTHER APPLICATIONS, MOTIONS AND INTERVENTIONS

5. Any other application, motion, intervention or proceeding relating to that other application, motion or intervention must be submitted in writing.

O.C. 1538-90, s. 5.

6. That other application, motion or intervention must contain the following information:

(1)  the names, addresses and telephone numbers of the parties and those of any representative;

(2)  the file number assigned by the Commission;

(3)  a statement of the reasons supporting that other application, motion or intervention and the conclusions sought.

O.C. 1538-90, s. 6.

7. That other application, motion or intervention is duly made when 4 copies of that other application, motion or intervention are deposited with the Commission or sent to its address by registered or certified mail, by messenger or by bailiff.

The first paragraph also applies to any other proceeding relating to that other application, motion or intervention.

O.C. 1538-90, s. 7.

8. An artist, a producer or an association of artists or producers that wishes to intervene before the Commission respecting an application for recognition in accordance with section 17 of the Act must send to the Commission in writing the reasons for his intervention within 20 days of the date of the notice published by the Commission in accordance with the second or the third paragraph of section 16 of the Act.

O.C. 1538-90, s. 8; O.C. 732-98, s. 4.

9. Any other application, motion, intervention or proceeding made to the Commission may be withdrawn at any time by means of a notice in writing by the party in question or its representative, and a copy of the notice shall be sent to all the interested parties.

O.C. 1538-90, s. 9.

DIVISION III REPRESENTATION BY ADVOCATE

10. The advocate representating a party must produce in the Commission’s record an appearance in writing, unless the party he represents has sent to the Commission a designation in writing to that effect.

O.C. 1538-90, s. 10.

11. An advocate ceasing to represent a party shall so inform the Commission in writing immediately, indicating the date of the end of his mandate.

O.C. 1538-90, s. 11.

DIVISION IV ENTRY ON THE ROLL AND NOTICE OF HEARING OR INQUIRY

12. The Commission shall keep a roll on which it enters applications for recognition, other applications, motions and interventions, in chronological order of receipt.

O.C. 1538-90, s. 12.

13. A notice of hearing or inquiry shall contain the following particulars:

(1)  the purpose of the application, motion or intervention;

(2)  the time and place of the hearing or inquiry;

(3)  an indication that in case of default of a party notified to appear at the hearing or inquiry, the Commission shall proceed in his absence, immediately and without further notice.

O.C. 1538-90, s. 13.

DIVISION V HEARING AND PROOF

14. Before proceeding with the hearing of an application or an inquiry or an intervention, the Commission may summon the parties to a preliminary meeting to discuss means of simplifying or shortening the hearing, to define the points in dispute and to admit certain facts or documents.

O.C. 1538-90, s. 14.

15. The Commission may request a party to set out in writing within the time indicated by the Commission the party’s representations in respect of an application, a motion or an intervention.

A party refusing or neglecting to follow up an application within the time fixed is deemed to have waived any representations.

O.C. 1538-90, s. 15.

16. The Commission may permit a party to put forward its point of view, in particular, in writing or by holding a hearing.

O.C. 1538-90, s. 16.

17. The Commission may, on its own motion or at the request of a party, postpone a hearing or adjourn it on the conditions fixed by the Commission.

A request for postponement or adjournment of a hearing must be submitted in writing not later than 7 days before the date fixed for the hearing and copies shall be sent to all the parties.

O.C. 1538-90, s. 17.

18. The Commission may summon any person to appear before it to give evidence on oath.

O.C. 1538-90, s. 18.

19. The Commission shall summon witnesses by subpoena.

O.C. 1538-90, s. 19.

20. The Commission may order a witness to give evidence in the absence of the other witnesses.

O.C. 1538-90, s. 20.

21. During a hearing, any party may, at its own expense, record mechanically, or take down in stenography, stenotypy or by any other means permitted by the Commission, evidence, depositions and cross-examination.

The costs of the transcription of the notes shall be paid by the party, unless the Commission decides otherwise.

O.C. 1538-90, s. 21.

22. The Commission may accept any form of evidence that it believes will best serve the ends of justice. It may require the submission of any document it considers necessary and may require that a copy of any document be sent to the other parties.

O.C. 1538-90, s. 22.

23. The Commission shall draw up the minutes of the hearing containing the following particulars:

(1)  the file number assigned by the Commission;

(2)  the date and place of the hearing;

(3)  the names and addresses of the parties and their representatives, and their occupations where natural persons are involved;

(4)  the names, occupations and addresses of the witnesses heard;

(5)  a list of the exhibits submitted;

(6)  the names and duties of the members of the Commission who conducted the hearing;

(7)  the stage of the record at the end of the hearing.

O.C. 1538-90, s. 23.

24. The Commission may, before delivering its decision, order the reopening of the hearing in accordance with the procedures fixed by it for hearing any evidence it considers necessary.

O.C. 1538-90, s. 24.

25. A party who intends to raise a reasonable apprehension of the partiality of a member of the Commission conducting a hearing or an inquiry must raise it at the beginning of the hearing or inquiry or as soon as he has knowledge of the circumstances leading to such belief.

O.C. 1538-90, s. 25.

26. Where a party withdraws, it shall file a statement to that effect in the record of the Commission and shall send copies to the other parties.

O.C. 1538-90, s. 26.

DIVISION VI DECISION

27. The Commission shall enter the original of the decision in the register kept for that purpose at its head office and it shall deposit a certified true copy in the record.

O.C. 1538-90, s. 27.

28. The Commission shall send a certified true copy of the decision to each party or to its representative by registered or certified mail, by messenger or by bailiff.

O.C. 1538-90, s. 28.

DIVISION VII MISCELLANEOUS

29. Any application, motion, intervention or any other document sent by mail is presumed to have been deposited, submitted or received by the Commission on the day of the postmark.

Proof of sending by registered mail is made by producing the acknowledgement of receipt and that by certified mail by producing the delivery receipt. The sending is deemed to have taken place on the date when the acknowledgement of receipt or the delivery receipt was signed.

Proof of sending by messenger is made by producing a receipt bearing the signature of the consignee and the date of receipt.

Proof of sending by bailiff is made by producing the return of the bailiff making the service in accordance with the provisions of the Code of Civil Procedure (chapter C-25).

O.C. 1538-90, s. 33; O.C. 732-98, s. 5.

30. In calculating the time, the day marking the starting point is not counted but the concluding day is counted.

Where the time expires on a non-juridical day, a Saturday or a day on which the offices of the Commission are closed, the time is extended to the following juridical day.

O.C. 1538-90, s. 34; Erratum, 1993 G.O. 2, 4895; O.C. 732-98, s. 5.

31. Where these Rules require the sending of documents to the Commission, the secretary is the person authorized to receive them on behalf of the Commission.

O.C. 1538-90, s. 35; O.C. 732-98, s. 5.

32. (Omitted).

O.C. 1538-90, s. 36; O.C. 732-98, s. 5.

REFERENCES

O.C. 1538-90, 1990 G.O. 2, 2791 and 1993 G.O. 2, 4895

O.C. 732-98, 1998 G.O. 2, 2207