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Canadian Artists and Producers Professional Relations Tribunal

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Section III: Supplementary Information

Mandate, Role and Responsibilities

Since 1995, the Canadian Artists and Producers Professional Relations Tribunal has administered Part II of the Status of the Artist Act, which governs professional relations (labour relations) between self-employed artists and federally regulated producers. The Tribunal is a quasi-judicial, independent federal agency, whose ultimate aim is to encourage constructive professional relations between these parties.

The Tribunal is one of three agencies that regulate labour relations in the federal jurisdiction. The other two are the Canada Industrial Relations Board, which deals with labour relations mainly between private sector employers in the federal jurisdiction and their employees, and the Public Service Staff Relations Board, which deals with labour relations between most federal government institutions and their employees. Under the Canadian Constitution, provincial legislatures are responsible for regulating labour relations between the vast majority of workers and employers. The federal government has the authority to regulate labour relations in a small number of industry sectors which include: broadcasting, telecommunications, banking, interprovincial transportation and federal government institutions.

The Tribunal's jurisdiction covers broadcasting undertakings regulated by the Canadian Radio-television and Telecommunications Commission, federal government departments, and the majority of federal agencies and Crown corporations (such as the National Film Board and the national museums).

The self-employed artists within the Tribunal's jurisdiction include artists covered by the Copyright Act (such as writers, photographers and music composers), performers (such as actors, musicians and singers), directors, and other professionals who contribute to the creation of a production, such as those doing camera work, lighting and costume design.

The Tribunal has the following statutory responsibilities:

• o To define the sectors of cultural activity suitable for collective bargaining between artists' associations and producers within CAPPRT's jurisdiction, and to certify artists' associations to represent self-employed artists working in these sectors; and
• o To deal with complaints of unfair labour practices and other matters brought forward by artists, artists' associations or producers, and to prescribe appropriate remedies for contraventions of Part II of the Act.

By following the procedures specified in the Act, certified associations have the exclusive right to negotiate scale agreements with producers. A scale agreement specifies the minimum terms and conditions under which producers engage the services of, or commission a work from, a self-employed artist in a specified sector.

Organizational Information

The Tribunal reports to Parliament through the Minister of Labour.

The Tribunal is currently composed of a chairperson, vice-chairperson and four other members. Members are appointed by the Governor in Council, and all six members are part-time appointees.

The Tribunal has a straight-forward organizational structure which permits it to carry out its mandate with a minimum of staff. The part-time chairperson is the chief executive officer of the Tribunal. The daily management of staff and operations of the Tribunal is the responsibility of the executive director and general counsel who reports to the chairperson. Ten staff members carry out the functions of legal counsel, registrar, planning, research, communications and administrative services. Staff are multi-skilled in order to take on various kinds of tasks as required. Also, the Tribunal outsources some corporate services that are not required on a full time basis; for example, it contracts with Canadian Heritage for human resources services, and with Industry Canada for informatics, security and mail services. It has arrangements with the other two federal labour boards to use their hearing rooms and library services.

Figure 2 illustrates the Tribunal's organizational structure.

Figure 2. Organization Chart

Table 1: Departmental Planned Spending and Full-time Equivalent

($ millions)	Forecast Spending 2005-2006	Planned Spending 2006-2007	Planned Spending 2007-2008	Planned Spending 2008-2009
Processing of Cases
Budgetary Main Estimates	1.8	1.9	1.9	1.9
Non-Budgetary Main Estimates	0	0	0	0
Less: Respendable revenue	0	0	0	0
Total Main Estimates	1.8	1.9	1.9	1.9
Adjustments
Other
Year-end lapse	0(.7)*
Total adjustments	(.7)	0	0	0
Total Planned Spending	1.1**	1.9	1.9	1.9
Less: Non-respendable revenue	0	0	0	0
Plus: Cost of services received without charge***	0.4	0.4	0.4	0.4
Total Departmental Spending	1.5	2.3	2.3	2.3
Full Time Equivalents	10	10	10	10

* Total Planned Spending is the actual spending for the year
** The Year-end Lapse was due to a lower volume of cases received during the year Tribunal to the office of Environmental Protection Review Canada
*** Includes the cost of accommodation provided by the Tribunal to the office of Environmental Protection Review Canada

The planned spending does not vary over the next three years. For the Tribunal, it is business as usual. New initiatives, such as those related to management improvement, will be financed out of the reallocation of existing resources.

Table 2: Resources by Program Activity

2006 -2007 ($ millions)
	Budgetary
Processing of Cases
Total	1.9	1.9	1.9

Table 3: Services Received Without Charge

($ millions)	2006-2007
Accommodation provided by Public Works and Government Services Canada*	0.3
Employer's contribution to employees' insured benefit plans and expenditures paid by the TBS	0.1
Workers' compensation coverage provided by Human Resources and Social Development	0
Total 2006-2007 Services received without charge	0.4

* Includes the cost of accommodation provided by the Tribunal to the office of Environmental Protection Review Canada

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Section IV: Other

Contact Information

Canadian Artists and Producers Professional Relations Tribunal
240 Sparks Street, 1st Floor West
Ottawa, Ontario
K1A 1A1

Telephone: (613) 996-4052 or 1 800 263-2787
Facsimile: (613) 947-4125
Email: info@capprt-tcrpap.gc.ca
Website: http://www.capprt-tcrpap.gc.ca/

Statute and Regulations

Status of the Artist Act	S.C. 1992, c.33, as amended
Status of the Artist Act Professional Category Regulations	SOR 99/191
Canadian Artists and Producers Professional Relations Tribunal Procedural Regulations	SOR/2003-343

Statutory Responsibilities

The Status of the Artist Act requires or permits the Tribunal to undertake the following activities:

1. pass by-laws governing the conduct of its affairs [subs.11(2)];
2. hold meetings or proceedings of the Tribunal at such times and locations in Canada as it considers desirable [subs.13(2)];
3. make regulations of general application which it considers conducive to the performance of its duties [s.16];
4. make interim orders [subs.20(2)];
5. rescind or amend determinations or orders and rehear applications [subs.20(1)];
6. file a copy of its order or determination in the Federal Court for purposes of enforcement [s.22];
7. review by-laws of artists' associations [s.23];
8. receive copies of membership lists filed by associations of producers [s.24];
9. receive applications for certification from artists' associations pursuant to s.25 and provide public notice of the application;
10. determine the appropriateness of sectors for collective bargaining [s.26];
11. determine whether an artists' association is representative of the sector for which it seeks certification [s.27];
12. certify artists' associations to represent specific sectors [s.28];
13. maintain a register of all certificates issued [subs.28(4)];
14. receive, consider and decide applications for revocation of certification [s.29];
15. determine the rights, duties and privileges acquired by an artists' association following a merger, amalgamation or transfer of jurisdiction [s.30];
16. determine whether contractual conditions are "more favourable" to an artist than those contained in a scale agreement [subs.33(5)];
17. change the termination date of a scale agreement when so requested by the parties [s.34];
18. hear and determine questions referred to it by an arbitrator or arbitration board [s.41];
19. hear and decide on applications for a declaration that the use of pressure tactics is unlawful and prescribe appropriate remedies [ss.47,48,49];
20. hear and decide applications alleging unfair labour practices and prescribe appropriate remedies [ss.53,54];
21. issue consent to prosecute [s.59];
22. establish other offices which it considers necessary [subs.13(1)];
23. prepare and submit an annual report to Parliament through the Minister of Labour regarding activities during the fiscal year [s.61].

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¹ Available on the Internet at: www.pch.gc.ca/progs/em-cr/eval/2002/2002_25/tdm_e.cfm

² All are available on the Tribunal's web site: http://www.capprt-tcrpap.gc.ca/

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