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2012-13
Report on Plans and Priorities

Canadian Artists and Producers Professional Relations Tribunal

The original version was signed by
The Honourable Lisa Raitt
Minister of Labour

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Table of Contents

Chairperson’s Message

Section I: Organizational Overview

• Raison d’être
• Responsibilities
• Strategic Outcome and Program Activity Architecture (PAA)
• Organizational Priorities
• Risk Analysis
• Planning Summary
• Expenditure Profile
• Estimates by Vote

Section II: Analysis of Program Activities by Strategic Outcome(s)

• Strategic Outcome
  • Program Activity: Certification, Complaints and Determination Program
    • Description
    • Financial Resources
    • Human Resources
    • Planning Highlights
  • Program Activity: Internal Services
    • Description
    • Financial Resources
    • Human Resources
    • Planning Highlights

Section III: Supplementary Information

• Financial Highlights
• Future-Oriented Financial Statements
• List of Supplementary Information Tables

Section IV: Other Items of Interest

• Organizational Contact Information
• Statutes and Regulations
• Statutory Responsibilities

Chairperson’s Message

I am pleased to present the 2012-2013 Report on Plans and Priorities for the Canadian Artists and Producers Professional Relations Tribunal (“CAPPRT” or “the Tribunal”). This report outlines the Tribunal’s intended direction for the next three years.

The Tribunal is committed to the development and maintenance of constructive professional relations between artists and producers, and to the economic and social well-being of its stakeholder community. As one of more than twenty federal organizations supporting a vibrant Canadian culture, the Tribunal is an important part of a complex whole, making a critical contribution to long-term progress for the cultural sector.

The Tribunal’s principal responsibility is to adjudicate matters brought before it under the Status of the Artist Act. The Tribunal will continue to provide fair and timely resolution of these matters, and continue to develop a solid body of precedents and case law that can be used to help resolve future cases.

In addition, the Tribunal plays an informative role, promoting increased collaboration between artists, artists’ associations and producers, increasing their understanding of their rights and obligations under the Act, and supporting the collective bargaining process by providing impartial, timely information.

Ultimately, the work of the Tribunal contributes to harmonious professional relations in the cultural sector, which in turn contributes to better conditions of engagement for artists and a more stable, predictable workforce for producers.

In 2012-2013, the Tribunal will continue its efforts promoting and supporting collective bargaining in the area of its jurisdiction. It will provide access to useful information on its website, such as scale agreements and analyses of them, for parties engaged in or contemplating bargaining. It will continue to inform artists and producers about the Status of the Artist Act, in order to permit them to fully exercise their rights and fulfil their responsibilities under the Act. It will encourage mediation to help parties conclude scale agreements, manage their relationships, and resolve complaints without the need for formal hearings. And it will maintain close contact and communication with its stakeholders and partners to ensure the relevance of its services and activities.

The Tribunal will continue to assist the parties in the negotiation process under the Status of the Artist Act, ensuring that they have ready access to information and assistance when they need it. It will provide a high quality of service in dealing with adjudicative matters within its statutory responsibilities. These include complaints of unfair labour practices and other matters brought forward by artists, artists’ associations, producers, and labour arbitrators, determination of sectors of cultural activity suitable for collective bargaining, and certification of artists’ associations to represent self-employed artists working in these sectors.

Integrity, timeliness, confidentiality and impartiality are among the values that guide the ongoing activities of the Tribunal. The Tribunal members and staff will make every effort in the year ahead to promote harmonious professional relations in the cultural sector. I look forward to leading the Tribunal in this endeavour.

Section I: Organizational Overview

Raison d’être

Responsibilities

The Canadian Artists and Producers Professional Relations Tribunal administers Part II of the Status of the Artist Act. Its objective is to contribute to Canada’s cultural community by encouraging constructive professional relations between artists and producers in federal jurisdiction.

The Tribunal has the following main responsibilities:

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

Parliament passed the Status of the Artist Act as part of a commitment to recognize and stimulate the contribution of the arts to the cultural, social, economic and political enrichment of the country. The Act reflects the recognition that constructive professional relations in the arts and culture sector are an important element of a vibrant Canadian culture and heritage.

Since its inception, the Tribunal has defined 26 sectors of artistic activity and certified 24 artists’ associations to represent them. Certified artists’ associations have concluded nearly 180 scale agreements with producers, including government producers and specialty television services, since their certification. Nine percent of these are the first agreements that the parties have ever concluded.

The Tribunal reports to Parliament through the Minister of Labour.

Strategic Outcome and Program Activity Architecture (PAA)

The Tribunal seeks to achieve the following strategic outcome:

The chart below illustrates the Tribunal’s program activities, which contribute to its strategic outcome.

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Organizational Priorities

Priority	Type	Strategic Outcome(s) and/or Program Activity(ies)
Deal with matters brought before Tribunal with high quality service	Ongoing	Certification, Complaints and Determination Program
Status
Why is this a priority? The CAPPRT has a duty to ensure that cases are handled and resolved in ways that are: fair timely, and consistent with the requirements of natural justice and administrative fairness. Plans for meeting the priority Average time between hearing and issue of decision will not exceed 60 calendar days Average time to process cases from application to issue of decision will not exceed 200 days We expect that at least 75% of our decisions will be upheld on judicial review We expect that at least 75% of requests for complaints mediation assistance will result in complaints resolved We expect that at least 75% of requests for bargaining mediation assistance result in agreements reached or renewed

Priority	Type1	Strategic Outcome(s) and/or Program Activity(ies)
Fully inform and assist stakeholders	Ongoing	Certification, Complaints and Determination Program
Status
Why is this a priority? For the Act to be effective, stakeholders need to be aware of it and the rights and responsibilities that flow from it. Plans for meeting the priority Outreach and communications activities, including attendance at industry conferences, information sessions, newsletters and bulletins, continuously updated website.

Priority	Type	Strategic Outcome(s) and/or Program Activity(ies)
Improve management practices	Ongoing	Internal Services
Status
Why is this a priority? Staff support to the Tribunal’s decision-making must be efficient and effective in use of financial and human resources. Plans for meeting the priority The Tribunal Secretariat will continue to modernize and improve its management practices and administrative capacities.

Risk Analysis

The nature of the Tribunal’s mandate and its business environment makes the organization relatively risk-averse. The same observation could be made of any quasi-judicial organization. Accordingly, the Tribunal has in place numerous management strategies to mitigate potential risks.

Like any court or administrative tribunal, the CAPPRT must be prepared to deal with highs and lows of case volume. The Tribunal’s services must be available to artists and producers as and when the need arises. The Tribunal has certified artists’ associations to represent most sectors under its jurisdiction, so its certification work is relatively predictable. Complaints under the Act and references from arbitrators are less predictable and can arise at any time.

Continuing uncertainty in the world economy has affected the arts and culture sector, and the impact is not likely to diminish in the immediate future. If economic problems result in parties having difficulty meeting their obligations under the Act or reaching agreements under it, there may be an increase in demand for the Tribunal’s services. Even certification work could increase, if an unstable economy gives rise to challenges to representation.

The Tribunal has traditionally been able to manage the unpredictability of caseloads by judicious planning and budgeting within its existing appropriation levels for both human and financial resources. In years where its total appropriations have not been used, it has returned funds to the Consolidated Revenue Fund.

Planning Summary

Financial Resources ($ thousands)

2012-13	2013-14	2014-15
2,060	2,060	2,060

Human Resources (FTEs)

2012-13	2013-14	2014-15
10	10	10

Strategic Outcome 1: The rights of artists and producers under Part II of the Status of the Artist Act are protected and respected.

Performance Indicators	Targets
Provide the performance indicators for the strategic outcome as they appear in the departmental MRRS.	Provide the target, i.e., the level of performance expected, for each indicator as it appears in the departmental MRRS.

Planning Summary Table
($ thousands)

Program Activity	Forecast Spending 2011-12	Planned Spending			Alignment to Government of Canada Outcomes
		2012-13	2013-14	2014-15
Certification, Complaints and Determination Program	817	1,610	1,610	1,610	Vibrant Canadian culture and heritage
Total Planned Spending		1,610	1,610	1,610

Planning Summary Table

Program Activity	Forecast Spending 2011-12	Planned Spending
		2012-13	2013-14	2014-15
Internal Services	393	450	450	450
Total Planned Spending		450	450	450

Expenditure Profile

Departmental Spending Trend

[text version]

The Tribunal has not had any significant increase or decreases in expenditures over the past four years as indicated by the graph. However, the level of activity surrounding the caseload, a caseload that the tribunal does not control or regulate in any way, has been less than planned and, as a result, actual expenditures have been less than planned. As mentioned earlier, monies not spent by the Tribunal are returned to the Consolidated Revenue Fund at the end of each fiscal year. Planned spending over the 3 year planning period, however, is based on a “full” case load.

Estimates by Vote

For information on our organizational appropriations, please see the 2012-13 Main Estimates publication.

Section II - Analysis of Program Activities by Strategic Outcome(s)

Strategic Outcome #1 - The rights of artists and producers under Part II of the Status of the Artist Act are protected and respected.

Program Activity: Certification, Complaints and Determination Program

Program Activity Description

This program activity includes the Tribunal’s quasi-judicial determinations activity relating to certification applications, complaints (such as bad faith bargaining, failure in the duty of fair representation, etc.), and referrals by arbitrators under the Act. It also includes the research and outreach structure necessary to ensure that stakeholders and the public have easy, timely access to information about the Status of the Artist Act and their rights and responsibilities under it, and about Tribunal decisions and activities.

Financial Resources ($ millions)

2012-13	2013-14	2014-15
1,610	1,610	1,610

Human Resources (FTEs)

2012-13	2013-14	2014-15
7	7	7

Program Activity Expected Results	Performance Indicators	Targets
Fair and timely resolution of cases. Stakeholders have easy, timely access to information about the Status of the Artist Act and their rights and responsibilities under it, and about Tribunal decisions and activities.	Average number of calendar days between hearing and issue of reasons	Average time between hearing and issue of reasons does not exceed 60 calendar days
	Average time to process cases from application to issue of reason for decision	Average time to process all cases from application to issue of reason for decision does not exceed 200 days
	Cases are upheld on judicial review	At least 75% of cases are upheld on judicial review
	Requests for mediation assistance result in complaints resolved and in agreements reached or renewed	75% of requests for complaints mediation assistance result in complaints resolved 75% of requests for bargaining mediation assistance result in agreements reached or renewed
	Prompt response to requests for Information	Responses to information requests within 2 working days Responses thorough and correct
	Timely information bulletins	Information bulletins published monthly Special bulletins, if required, published within 60 days of decisions and other major events
	Stakeholder satisfaction	Stakeholders are satisfied, based on ongoing informal surveying

Planning Highlights

In order to achieve the expected result, the Tribunal plans to undertake the following activities:

• The Tribunal will continue to focus on carrying out its statutory mandate fairly and in a timely manner. The Tribunal will ensure that the time required to issue reasons for decisions after hearings, and the total time required to process cases, from the date an application is received until the date of the decision, meet or surpass the targets shown in the table above.
• The Tribunal will assess its fairness – encompassing impartiality, accessibility, integrity, and confidentiality – using as an indicator the percentage of its decisions upheld on judicial review.The Federal Court may review a Tribunal decision in the following circumstances:
  
  • if the Tribunal acted without jurisdiction or beyond its jurisdiction or refused to exercise its jurisdiction;
    
  • if it failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; or
    
  • if it acted, or failed to act, by reason of fraud or perjured evidence.
    
  The Federal Court acts as the arbiter of fairness of federal quasi-judicial tribunals, so this is an important indicator. The Tribunal has set as a target that more than 75 percent of its cases are upheld on judicial review.
• Stakeholder satisfaction is not necessarily a good indicator of fairness – parties may be dissatisfied with Tribunal decisions that are fair but do not go their way – and measuring it in any systematic way through stakeholder surveys is impractical and would be a burden on the stakeholders. Nonetheless, in our informal contacts with the stakeholder community of artists, artists’ associations, and producers, we pay close attention to how they view the Tribunal and the fairness of its processes.
  
• An important outcome of fair Tribunal decisions is the development of a solid body of precedents. These can be used to help resolve future cases.
  
• The Tribunal will fully inform and assist the artists, artists’ associations, and producers that make up its stakeholder community. One way that the Tribunal does this is through timely responses to inquiries. The Tribunal receives a wide variety of questions from stakeholders, dealing with subjects like jurisdiction, specifics of the various cultural industries, and how to use the Act. Tribunal staff members respond to these questions quickly and thoroughly, always inviting further comment or question. Responses will be within 2 working days of the inquiry.
  
• With respect to more general information needs about the Act and the Tribunal’s services and activities, the Tribunal has traditionally used information bulletins, regularly-updated information on its Web site, and information sessions for stakeholders. Follow-up with stakeholders has shown that these are well received and considered useful. The Tribunal has recently emphasized more tailored and customized information over group information sessions. Its various stakeholders have different, often quite specific, needs for information. More focused, personalized information and small group or individual meetings are an effective way of addressing stakeholders’ needs. The Tribunal will continue to emphasize these more direct approaches to stakeholders, including participation in industry conferences that bring stakeholders together. Tribunal staff will continue to meet informally in 2012-2013 with a cross-section of stakeholders from the artists’ and producers’ communities, to identify and meet their information needs.
  
• The Tribunal will continue monthly information bulletins, which began on an experimental basis in 2010-2011, and will review their effectiveness early in 2012-2013. It will also issue special information bulletins as required, to report important developments.
• The Tribunal will also continue revising its website to make it more helpful and accessible, and to ensure continuing compliance with the Common Look and Feel and WCAG 2.0 standards.

This program activity contributes to harmonious professional relations in the cultural sector, which in turn contributes to better conditions of engagement for artists and a more stable, predictable workforce for producers. This is a critical contribution to a vibrant Canadian culture, the economic benefits of which have been amply demonstrated by recent research.

Program Activity: Internal Services

Program Activity Description

Internal Services are activities and resources that support the needs of the Tribunal’s operating program and other corporate obligations. They include administrative, human resources, financial, information management, and information technology services.

Financial Resources ($ millions)

2012-13	2013-14	2014-15
450	450	450

Human Resources (FTEs)

2012-13	2013-14	2014-15
3	3	3

Planning Highlights

The Tribunal has internal service expectations and monitors overall service performance of its internal services. The Tribunal has a sound results-oriented framework utilizing the Management Accountability Framework (MAF) and a quality assurance framework that will continue to ensure that services are conducted in a timely and cost effective manner.

The Tribunal’s internal services have had to be carefully designed to take into account the extremely small size of the organization. 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 the Public Service Labour Relations Board and Industry Canada for informatics, security, and mail services. It has arrangements with two other federal labour boards to use their hearing rooms and library services.

Section III - Supplementary Information

Financial Highlights

Future-Oriented
Condensed Statement of Operations
For the Year (ended March 31)
($ millions)

	$ Change	Future-Oriented 2012-13	Future-Oriented 2011-12
Total Expenses	860	2,619	1,787
Total Revenues
Net Cost of Operations	372	2,619	1,787

Condensed Statement of Financial Position
For the Year (ended March 31)
($ millions)

	$ Change	Future-Oriented 2012-13	Future-Oriented 2011-12
Total assets	(76)	37	113
Total liabilities	10	257	247
Equity	(86)	(220)	(134)
Total	(76)	37	113

Future-Oriented Financial Statements

http://www.capprt-tcrpap.gc.ca/eic/site/capprt-tcrpap.nsf/eng/tn00583.html

List of Supplementary Information Tables

All electronic supplementary information tables found in the 2012-13 Report on Plans and Priorities can be found on the Treasury Board of Canada Secretariat's web site:

• Report on meeting the requirements of Section 7 of the Policy on Green Procurement

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Section IV - Other Items of Interest

Organizational 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: www.capprt-tcrpap.gc.ca

Statutes 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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Footnotes

1 Type is defined as follows: previously committed to—committed to in the first or second fiscal year prior to the subject year of the report; ongoing—committed to at least three fiscal years prior to the subject year of the report; and new—newly committed to in the reporting year of the RPP or DPR.