Status of the Artist Act

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Sections336

• 1Short title

  This Act may be cited as the Status of the Artist Act.

• 2Proclamation

  The Government of Canada hereby recognizes

• 2(a)

  the importance of the contribution of artists to the cultural, social, economic and political enrichment of Canada;

• 2(b)

  the importance to Canadian society of conferring on artists a status that reflects their primary role in developing and enhancing Canada’s artistic and cultural life, and in sustaining Canada’s quality of life;

• 2(c)

  the role of the artist, in particular to express the diverse nature of the Canadian way of life and the individual and collective aspirations of Canadians;

• 2(d)

  that artistic creativity is the engine for the growth and prosperity of dynamic cultural industries in Canada; and

• 2(e)

  the importance to artists that they be compensated for the use of their works, including the public lending of them.

• 3Policy statement

  Canada’s policy on the professional status of the artist, as implemented by the Minister of Canadian Heritage, is based on the following rights:

• 3(a)

  the right of artists and producers to freedom of association and expression;

• 3(b)

  the right of associations representing artists to be recognized in law and to promote the professional and socio-economic interests of their members; and

• 3(c)

  the right of artists to have access to advisory forums in which they may express their views on their status and on any other questions concerning them.

• 4Repealed

  [Repealed, 2010, c. 12, s. 1774]

• 5Definitions

  In this Part,

• 5[p13]

  artist means an independent contractor described in paragraph 6(2)(b); (artiste)

• 5[p14]

  artists’ association means any organization, or a branch or local thereof, that has among its objectives the management or promotion of the professional and socio-economic interests of artists who are members of the organization, and includes a federation of artists’ associations; (association d’artistes)

• 5[p15]

  Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code. (Conseil)

• 5[p16]

  Minister means the Minister of Labour; (ministre)

• 5[p17]

  party means

• 5[p17](a)

  in respect of the entering into, renewal or revision of a scale agreement or in respect of a difference in relation to the interpretation, application, administration or alleged breach thereof, the producer or the artists’ association, and

• 5[p17](b)

  in respect of a complaint made to the Board, the complainant or the person or organization that is the object of the complaint; (partie)

• 5[p20]

  pressure tactic includes

• 5[p20](a)

  a cessation of work or a refusal to work or to continue to work by artists or artists’ associations in combination, in concert or in accordance with a common understanding, and a slowdown of work or other concerted activity by artists or artists’ associations respecting the provision of their services, done to compel a producer to agree to terms or conditions of engagement, or

• 5[p20](b)

  the closing of a place of work, a suspension of production or a refusal to continue the engagement of one or more artists by a producer, done to compel artists, or to assist another producer to compel artists, to agree to terms or conditions of engagement; (moyen de pression)

• 5[p23]

  producer means a government institution or broadcasting undertaking described in paragraph 6(2)(a), and includes an association of producers; (producteur)

• 5[p24]

  scale agreement means an agreement in writing between a producer and an artists’ association respecting minimum terms and conditions for the provision of artists’ services and other related matters; (accord-cadre)

• 5[p25]Repealed

  Tribunal[Repealed, 2012, c. 19, s. 532]

• 6Binding on Her Majesty
• 6(1)

  This Part is binding on Her Majesty in right of Canada.

• 6(2)Application

  This Part applies

• 6(2)(a)

  to the following organizations that engage one or more artists to provide an artistic production, namely,

• 6(2)(a)(i)

  government institutions listed in Schedule I to the Access to Information Act or the schedule to the Privacy Act, or prescribed by regulation, and

• 6(2)(a)(ii)

  broadcasting undertakings, regulated under the Broadcasting Act, that are federal works, undertakings or businesses, as defined in section 2 of the Canada Labour Code, or that are corporations established to perform any function or duty on behalf of the Government of Canada;

• 6(2)(b)

  to independent contractors determined to be professionals according to the criteria set out in paragraph 18(b), and who

• 6(2)(b)(i)

  are authors of artistic, dramatic, literary or musical works within the meaning of the Copyright Act, or directors responsible for the overall direction of audiovisual works,

• 6(2)(b)(ii)

  perform, sing, recite, direct or act, in any manner, in a musical, literary or dramatic work, or in a circus, variety, mime or puppet show, or

• 6(2)(b)(iii)

  contribute to the creation of any production in the performing arts, music, dance and variety entertainment, film, radio and television, video, sound-recording, dubbing or the recording of commercials, arts and crafts, or visual arts, and fall within a professional category prescribed by regulation.

• 7Purpose

  The purpose of this Part is to establish a framework to govern professional relations between artists and producers that guarantees their freedom of association, recognizes the importance of their respective contributions to the cultural life of Canada and ensures the protection of their rights.

• 8Freedom

  An artist is free to join an artists’ association and to participate in its formation, activities and administration.

• 9Artist contracting through an organization
• 9(1)

  An artist is not excluded from the application of this Part simply by contracting through an organization.

• 9(2)Presumption for purposes of Competition Act

  For the purposes of subsection 4(1) of the Competition Act,

• 9(2)(a)

  artists’ associations certified under this Part that were formed for the purpose of providing appropriate protection for the professional interests of the artists they represent are deemed to be combinations of employees, in relation to those activities of the association that are directed to achieving that purpose; and

• 9(2)(b)

  contracts, agreements or arrangements between or among two or more producers, whether made directly between or among them or through a corporation or an association of producers, pertaining to bargaining in respect of remuneration and the terms and conditions of engagement of artists, are deemed to be contracts, agreements or arrangements.

• 9(3)Employees excluded

  This Part does not apply, in respect of work undertaken in the course of employment, to

• 9(3)(a)

  employees, within the meaning of the Federal Public Sector Labour Relations Act, including those determined to be employees by the Federal Public Sector Labour Relations and Employment Board, and members of a bargaining unit that is certified by that Board; or

• 9(3)(b)

  employees, within the meaning of Part I of the Canada Labour Code, including those determined to be employees by the Board, and members of a bargaining unit that is certified by the Board.

• 10Repealed

  [Repealed, 2012, c. 19, s. 534]

• 11Repealed

  [Repealed, 2012, c. 19, s. 534]

• 12Repealed

  [Repealed, 2012, c. 19, s. 534]

• 13Repealed

  [Repealed, 2012, c. 19, s. 534]

• 14Repealed

  [Repealed, 2012, c. 19, s. 534]

• 15Repealed

  [Repealed, 2012, c. 19, s. 534]

• 16Regulations

  The Board may make any regulations that it considers conducive to the performance of its duties under this Part, and in particular regulations providing for

• 16(a)

  the practice and procedure before the Board, including the assessment and awarding of costs;

• 16(b)

  the certification of artists’ associations;

• 16(c)

  the conduct of representation votes;

• 16(d)

  the period for submission by an artists’ association of a new application for certification, if the Board previously refused to certify the association in respect of the same or substantially the same sector;

• 16(e)

  the period for submission of an application for revocation of the certification of an artists’ association, if the Board previously refused an application for revocation in respect of the same sector;

• 16(f)

  the forms to be used in any proceeding that may come before the Board;

• 16(g)

  the periods in which and the circumstances under which the Board may exercise its powers under section 20;

• 16(h)

  the period and form in which evidence and information may be presented to the Board in connection with any proceeding before it;

• 16(i)

  the period for sending notices and other documents, the persons and associations to which they shall be sent, and the circumstances in which they are deemed to have been sent or received;

• 16(j)

  the criteria for deciding whether an artist is represented by an artists’ association;

• 16(k)

  the circumstances in which the Board may receive evidence in order to establish whether any artists wish to be represented by a particular artists’ association, and the circumstances in which that evidence may not be made public; and

• 16(l)

  the delegation to any person of the Board’s powers and duties, other than the power to delegate or to make regulations, and that person’s obligations with respect to those powers and duties.

• 17Board’s powers

  The Board may, in relation to any proceeding before it under this Part,

• 17(a)

  on application or of its own motion, summon and enforce the attendance of any person whose testimony is necessary, in the Board’s opinion, and compel the person to give oral or written evidence on oath and to produce any documents or things that the Board considers necessary for the full investigation and consideration of any matter within its jurisdiction;

• 17(b)

  administer oaths and solemn affirmations;

• 17(c)

  accept any evidence and information that it sees fit, on oath, by affidavit or otherwise, whether or not the evidence is admissible in a court of law;

• 17(d)

  examine any evidence that is submitted to the Board respecting the membership of any artist in an artists’ association that is seeking certification;

• 17(e)

  examine documents pertaining to the constitution, articles of association or by-laws of an artists’ association;

• 17(f)

  make any examination of records and any inquiries that it considers necessary;

• 17(g)

  require a producer or an artists’ association to post in appropriate places and keep posted a notice concerning any matter relating to the proceeding that the Board considers necessary to bring to the attention of artists;

• 17(h)

  order, at any time before the conclusion of the proceeding, that

• 17(h)(i)

  a representation vote or an additional representation vote be taken among artists affected by the proceeding, whether or not a representation vote is provided for elsewhere in this Part, if the Board considers that the vote would assist it to decide any question that has arisen or is likely to arise in the proceeding, and

• 17(h)(ii)

  the ballots cast in that representation vote be sealed in ballot boxes and counted only as directed by the Board;

• 17(i)

  authorize any person to do anything that the Board may do under paragraphs (a) to (h), and to report to the Board on it;

• 17(j)

  adjourn or postpone the proceeding;

• 17(k)

  abridge or extend the time for instituting the proceeding or for doing any act, filing any document or presenting any evidence;

• 17(l)

  amend or permit the amendment of any document filed;

• 17(m)

  add any person to the proceeding at any stage thereof;

• 17(n)

  set requirements for public notice in respect of any application made under this Part;

• 17(o)

  award costs; and

• 17(p)

  decide any question that arises in the proceeding, including whether

• 17(p)(i)

  a person is a producer or an artist,

• 17(p)(ii)

  an artist is a member of, or is represented by, an artists’ association,

• 17(p)(iii)

  an organization constitutes an association of producers, an artists’ association, or a federation of artists’ associations,

• 17(p)(iv)

  a group of artists constitutes a sector suitable for bargaining,

• 17(p)(v)

  a scale agreement has been entered into or is in force, and the dates that it comes into force and expires, and

• 17(p)(vi)

  any person or organization is a party to or is bound by a scale agreement.

• 18Criteria for application by Board

  The Board shall take into account

• 18(a)

  in deciding any question under this Part, the applicable principles of labour law; and

• 18(b)

  in determining whether an independent contractor is a professional for the purposes of paragraph 6(2)(b), whether the independent contractor

• 18(b)(i)

  is paid for the display or presentation of that independent contractor’s work before an audience, and is recognized to be an artist by other artists,

• 18(b)(ii)

  is in the process of becoming an artist according to the practice of the artistic community, or

• 18(b)(iii)

  is a member of an artists’ association.

• 19Informal proceedings
• 19(1)

  In any proceeding before it under this Part, the Board

• 19(1)(a)

  shall proceed as informally and expeditiously as the circumstances and considerations of fairness permit;

• 19(1)(b)

  is not bound by legal or technical rules of evidence; and

• 19(1)(c)

  may receive and decide on any evidence adduced that the Board believes to be credible.

• 19(2)Consultation

  In order to ensure that the purpose of this Part is achieved, the members of the Board may, in respect of any matter before it, consult with other members or with employees of the Administrative Tribunals Support Service of Canada.

• 19(3)Right to appear

  Any interested person may intervene in a proceeding before the Board with its permission, and anyone appearing before the Board may be represented by counsel or an agent or mandatary.

• 19(4)Notice of facts

  The Board may take notice of facts that may be judicially noticed and, subject to subsection (5), of any other generally recognized facts and any information that is within its specialized knowledge.

• 19(5)Notification of intention

  The Board shall notify the parties and any intervenor in the proceeding before it of its intention to take notice of any facts or information, other than facts that may be judicially noticed, and afford them an opportunity to make representations in that regard.

• 19(6)Report on evidence

  The Chairperson of the Board may direct any member to receive evidence relating to a matter before the Board, to make a report on it to the Board, and to provide a copy of the report to all parties and any intervenor in the proceeding.

• 19(7)Conclusions

  After granting all parties and intervenors an opportunity to make representations on any report made under subsection (6), the Board may make a determination on the basis of the report or hold any further hearings that it considers necessary in the circumstances.

• 20Review of determination or order
• 20(1)

  The Board may uphold, rescind or amend any determination or order made by it under this Part, and may rehear any application before making a decision.

• 20(2)Interim decision

  When it is necessary to decide one or more issues in order to dispose finally of an application or complaint the Board may, if it is satisfied that it can do so without prejudice to the rights of any party or intervenor in the proceeding, decide or make an order respecting one or more of those issues, and reserve its jurisdiction to decide the remaining issues.

• 21Determination or order — no review by court
• 21(1)

  Subject to this Part, every determination or order of the Board is final and shall not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.

• 21(2)No review by certiorari, etc.

  Except as permitted by subsection (1), no determination, order or proceeding made or carried on, or purporting to be made or carried on, by the Board under this Part shall be questioned, reviewed, prohibited or restrained on any ground, including the ground that the Board did not have jurisdiction or exceeded or lost its jurisdiction, or be made the subject of any proceeding in or any process of any court on any such ground, whether by way of injunction, certiorari, prohibition, quo warranto, revision, evocation or otherwise.

• 22Filing in Federal Court
• 22(1)

  On application in writing by any party or of its own motion, the Board shall file a copy of a determination or order, exclusive of the reasons for it, in the Federal Court unless, in the Board’s opinion, there is no indication of failure or likelihood of failure to comply with it, or there is no useful purpose to be served by filing it.

• 22(2)Registration

  If the Board specifies in writing that it is filing a copy of a determination or order under subsection (1), the Federal Court shall accept it for filing and shall register it without further application or other proceeding.

• 22(3)Effect of registration

  After registration under subsection (2), a determination or order has the force and effect of a judgment of the Federal Court, and any person or organization may take proceedings on it as if it were a judgment obtained in that Court.

• 23By-laws required
• 23(1)

  No artists’ association may be certified unless it adopts by-laws that

• 23(1)(a)

  establish membership requirements for artists;

• 23(1)(b)

  give its regular members the right to take part and vote in the meetings of the association and to participate in a ratification vote on any scale agreement that affects them; and

• 23(1)(c)

  provide its members with the right of access to a copy of a financial statement of the affairs of the association to the end of the previous fiscal year, certified to be a true copy by the authorized officer of the association.

• 23(2)Prohibited by-laws

  No by-laws of the association may have the effect of discriminating unfairly against an artist so as to prevent the artist from becoming or continuing as a member of the association.

• 24Formation
• 24(1)

  Producers may form an association for the purpose of bargaining and entering into scale agreements under this Act.

• 24(2)Filing membership list

  In addition to any other information that the Board may require, an association of producers shall file its membership list with the Board, keep the list up to date and send a copy of it to every certified artists’ association to which it has issued, or from which it has received, a notice to bargain under section 31.

• 24(3)Effect of filing membership list

  After filing its membership list, an association of producers has the exclusive right to bargain on behalf of its members for the purpose of entering into or amending a scale agreement.

• 25Application
• 25(1)

  An artists’ association may, if duly authorized by its members, apply to the Board in writing for certification in respect of one or more sectors

• 25(1)(a)

  at any time, in respect of a sector for which no artists’ association is certified and no other application for certification is pending before the Board;

• 25(1)(b)

  in the three months immediately before the date that the certification or a renewed certification is to expire, if at least one scale agreement is in force in respect of the sector; or

• 25(1)(c)

  after one year, or any shorter period that the Board fixes on application, after the date of the certification or of a renewed certification, if no scale agreement is in force in respect of the sector.

• 25(2)Accompanying documents

  An application for certification must include the membership list of the artists’ association, a certified copy of its by-laws and any other information required by the Board.

• 25(3)Public notice of application

  The Board shall give public notice of any application for certification in respect of any sector without delay, indicating any period in which another application may be made by any other artists’ association, despite subsection (1), for certification in respect of that sector or any part of it.

• 25(4)When application may not be made

  No application for certification in respect of a sector may be made, except with the Board’s consent, after the expiry of the period indicated in any public notice given under subsection (3).

• 26Determination of sector
• 26(1)

  After the application period referred to in subsection 25(3) has expired, the Board shall determine the sector or sectors that are suitable for bargaining, taking into account

• 26(1)(a)

  the common interests of the artists in respect of whom the application was made;

• 26(1)(b)

  the history of professional relations among those artists, their associations and producers concerning bargaining, scale agreements and any other agreements respecting the terms of engagement of artists; and

• 26(1)(c)

  any geographic and linguistic criteria that the Board considers relevant.

• 26(2)Right to intervene

  Despite subsection 19(3), only the artists in respect of whom the application was made, artists’ associations and producers may intervene as of right on the issue of determining the sector that is suitable for bargaining.

• 26(3)Notice of determination

  The Board shall give the artists’ association concerned and any intervenors notice of its determination under subsection (1) without delay, and that determination is deemed to be interlocutory, despite section 21.

• 27Association’s representativity
• 27(1)

  After determining the sector under subsection 26(1), the Board shall determine the representativity of the artists’ association, as of the date of filing of the application for certification or as of any other date that the Board considers appropriate.

• 27(2)Right to intervene

  Despite subsection 19(3), only artists in respect of whom the application was made and artists’ associations may intervene as of right on the issue of determining the representativity of an artists’ association.

• 28Certification
• 28(1)

  If the Board is satisfied that an artists’ association that has applied for certification in respect of a sector is the most representative of artists in that sector, the Board shall certify the association.

• 28(2)Certification period

  Certification is valid for a period of three years after the date that the Board issues the certificate and, subject to subsection (3), is automatically renewed for additional three year periods.

• 28(3)Extension of period of certification

  Where, in the three months immediately before the date that the certification or renewed certification of an artists’ association is to expire, an application for certification in respect of the same or substantially the same sector, or an application for revocation of certification, is filed, the period of validity of the association’s certification is extended until the date that the application is accepted or rejected and, where it is rejected, renewal of the association’s certification takes effect from that date.

• 28(4)Register

  The Board shall keep a register of all issued certificates and of their dates of issue.

• 28(5)Effects of certification

  After certification of an artists’ association in respect of a sector,

• 28(5)(a)

  the association has exclusive authority to bargain on behalf of artists in the sector;

• 28(5)(b)

  the certification of any association that previously represented artists in the sector is revoked in so far as it relates to them; and

• 28(5)(c)

  the association is substituted as a party to any scale agreement that affects artists in the sector, to the extent that it relates to them, in place of the association named in the scale agreement or its successor.

• 29Application for revocation
• 29(1)

  An artist in a sector may apply to the Board for an order revoking an association’s certification in respect of that sector

• 29(1)(a)

  on the ground that the association’s by-laws contravene the requirements of subsection 23(2), at any time; and

• 29(1)(b)

  on the ground that that association is no longer the most representative of artists in the sector, or has failed to make reasonable efforts to conclude a scale agreement,

• 29(1)(b)(i)

  in the three months immediately before the date that the association’s certification or a renewed certification is to expire, if at least one scale agreement is in force in respect of the sector, or

• 29(1)(b)(ii)

  after one year, or any shorter period that the Board fixes on application, after the date of the certification or of a renewed certification of the association, if no scale agreement is in force.

• 29(2)Stay of proceedings

  The Board may stay any proceedings for revocation of the certification of an artists’ association under paragraph (1)(a) if the association adopts by-laws that meet the requirements of subsection 23(2) within any period that the Board may specify.

• 29(3)Date of revocation

  Revocation of certification is effective as of the date of the Board’s determination to revoke it or, if an association fails to adopt by-laws within a period specified by the Board under subsection (2), on the expiry of that period.

• 29(4)Effect of revocation

  Any scale agreement for a sector in respect of which the certification of an artists’ association has been revoked ceases to have effect as of the date of revocation or as of any later date that the Board may specify.

• 30Mergers, etc., of associations
• 30(1)

  An artists’ association that succeeds a certified artists’ association as a result of a merger, amalgamation or transfer of jurisdiction among associations acquires the rights, privileges and duties of that certified association under this Part, whether under a scale agreement or otherwise.

• 30(2)Board to determine questions

  On application by an artists’ association affected by a merger, amalgamation or transfer of jurisdiction, the Board shall determine the rights, privileges and duties that the association has acquired under this Part or under a scale agreement as a result of the transaction.

• 31Notice to bargain to enter into a scale agreement
• 31(1)

  Where an artists’ association is certified in respect of a sector, the association or a producer may issue a notice requiring the other party to begin bargaining for the purpose of entering into a scale agreement.

• 31(2)Notice to bargain to renew or revise a scale agreement or enter into a new scale agreement

  Where a scale agreement is in force, either party may, in the three months immediately preceding the date that the agreement expires or within any longer period stipulated in the agreement, issue a notice to the other party to begin bargaining in order to renew or revise it or to enter into a new scale agreement.

• 31(3)Notice to bargain

  An association substituted as a party to a scale agreement pursuant to paragraph 28(5)(c) may, within six months after the date of its certification, issue a notice requiring the producer that is a party to the agreement to begin bargaining for the purpose of renewing or revising it or entering into a new scale agreement.

• 31(4)Revision during term

  Where a scale agreement provides for revision during its term, a party entitled to do so by the agreement may give notice to the other party to begin bargaining in order to revise any provision of the agreement.

• 31(5)Notice to Minister

  Any party that issues a notice to the other party to begin bargaining shall send a copy of the notice to the Minister without delay.

• 32Duty to bargain and not to change terms and conditions

  Where a notice to begin bargaining has been issued under section 31,

• 32(a)

  the artists’ association and the producer shall without delay, but in any case within twenty days after the notice was issued, unless they otherwise agree,

• 32(a)(i)

  meet, or send authorized representatives to meet, and begin to bargain in good faith, and

• 32(a)(ii)

  make every reasonable effort to enter into a scale agreement; and

• 32(b)

  the producer shall not alter, without the consent of the artists’ association, any term or condition of engagement, including the rates of remuneration, or any right or privilege of an artist or the association, that is contained in the scale agreement, until such time as pressure tactics are permitted under section 46.

• 33Effect of scale agreements
• 33(1)

  For the term set out in it, a scale agreement binds the parties to it and every artist in the sector engaged by the producer, and neither party may terminate the agreement without the Board’s approval, except when a notice to bargain is issued under subsection 31(3).

• 33(2)Scale agreement to be filed

  The parties to a scale agreement shall file a copy of the agreement with the Minister without delay.

• 33(3)Association of producers

  A scale agreement entered into by an association of producers binds, even in the event that the association is dissolved, each producer that

• 33(3)(a)

  is a member of the association at the time the agreement is signed and did not give the parties notice of withdrawal before the agreement was signed;

• 33(3)(b)

  not being a party to any other scale agreement in respect of the same sector, subsequently becomes a member of that association; or

• 33(3)(c)

  withdraws from membership in the association.

• 33(4)Saving more favourable benefits

  A scale agreement applies notwithstanding any inconsistency with a contract between an artist and a producer, but it shall not be applied so as to deprive an artist of a right or benefit under the contract that is more favourable to the artist than is provided for under the agreement.

• 33(5)Application

  The Board shall assess what is more favourable to the artist under subsection (4) in relation to each right or benefit and shall compare the elements of each right or benefit under the scale agreement with the elements of each under the contract.

• 34Board may change termination date

  On the joint application of the parties, the Board may change the termination date of a scale agreement in order to establish a common termination date for two or more scale agreements that bind the producer or the artists’ association.

• 35Duty of fair representation

  An artists’ association that is certified in respect of a sector, or a representative thereof, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the artists in the sector in relation to their rights under the scale agreement that is applicable to them.

• 36Provision for settlement without pressure tactics
• 36(1)

  Every scale agreement must contain a provision for final settlement without pressure tactics, by arbitration or otherwise, of all differences between the parties or among artists bound by the agreement, concerning its interpretation, application, administration or alleged contravention.

• 36(2)Where arbitrator to be appointed

  Notwithstanding anything in the scale agreement, a difference between the parties to an agreement that does not contain the provision for final settlement required by subsection (1) shall be submitted for final settlement

• 36(2)(a)

  to an arbitrator selected by the parties; or

• 36(2)(b)

  where the parties are unable to agree on an arbitrator and either party makes a written request to the Minister to appoint one, to the arbitrator appointed by the Minister after any inquiry that the Minister considers necessary.

• 36(3)Submission of difference to arbitration

  Notwithstanding anything in the scale agreement, a difference between the parties to an agreement that contains a provision for final settlement by an arbitration board shall, if either party fails to name its nominee to the board, be submitted for final settlement to an arbitrator in accordance with subsection (2).

• 36(4)Request to Minister to appoint arbitrator or arbitration board chairperson

  Where a scale agreement contains a provision for final settlement without pressure tactics of differences described in subsection (1) by an arbitrator or arbitration board and the parties cannot agree on the selection of the arbitrator or arbitration board chairperson, either party or its nominee may, notwithstanding anything in the agreement, make a written request to the Minister to appoint the arbitrator or arbitration board chairperson, as the case may be.

• 36(5)Appointment by Minister

  On receipt of a request made under subsection (4), the Minister shall appoint an arbitrator or arbitration board chairperson, after any inquiry that the Minister considers necessary.

• 36(6)Presumption

  An arbitrator or arbitration board chairperson appointed pursuant to subsection (2), (3) or (5) is deemed to be appointed in accordance with the scale agreement.

• 37Determinations not to be reviewed by court
• 37(1)

  Every determination of an arbitrator or arbitration board is final and shall not be questioned or reviewed in any court.

• 37(2)No review by certiorari, etc.

  No order shall be made or proceeding taken in any court, by way of injunction, certiorari, prohibition, quo warranto, revision, evocation or otherwise, to question, review, prohibit or restrain an arbitrator or arbitration board in any proceedings under this Part.