ARCHIVED - RPP 2007-2008
Canadian Artists and Producers Professional Relations Tribunal

• Previous Page
• Table of Contents
•  

This page has been archived.

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.

Under the Canadian constitution, labour relations between the vast majority of workers and employers fall within provincial jurisdiction. The federal government has the authority to regulate labour relations in a small number of industry sectors, including broadcasting, telecommunications, banking, interprovincial and international transportation, and federal government institutions. The Tribunal is one of four agencies that regulate labour relations in the federal jurisdiction. The other three are: the Canada Industrial Relations Board, which deals with labour relations in the federally regulated private sector; the Public Service Staffing Tribunal, which deals with complaints related to internal appointments and layoffs in the federal public service; and the Public Service Staff Relations Board, which deals with labour relations between most federal government institutions and their employees.

The Tribunal's jurisdiction over producers is set out in the Status of the Artist Act, and 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 Tribunal's jurisdiction over self-employed artists is also set out in the Status of the Artist Act, and includes 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:

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

By following the procedures specified in the Status of the Artist 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 normally composed of a Chairperson, a Vice-chairperson, and not less than two or more than four other full-time or part-time members. It is currently composed of an acting Chairperson and two other members. Members are appointed by the Governor in Council. All three current members are part-time appointees.

The Tribunal has a straightforward organizational structure and carries out its mandate with a minimum of staff. The part-time Chairperson is the chief executive officer of the Tribunal, while the Executive Director and General Counsel, who reports to the Chairperson, is responsible for the daily management of staff and operations. Ten staff members carry out the functions of legal counsel, registrar, planning, research, communications, and administrative services. Staff are multi-skilled and take on various kinds of tasks as required. 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

Tribunal links to the Government of Canada Outcomes

2007-2008
	Budgetary	Non-Budgetary
	Operating	Total Main Estimates	Total Planned Spending
Strategic Outcome: Constructive professional relations between self-employed artists and producers in the federal jurisdiction
Program Activity #1: Processing of cases	1.2	1.2	0.6
Program Activity #2: Corporate Services	0.7	0.7	0.6
Total	1.9	1.9	1.2

Program Activities 1 and 2 contribute to the achievement of the Government of Canada's "income security and employment for Canadians" and "a vibrant Canadian culture and heritage" outcomes.

Table 1: Tribunal Planned Spending and Full-time Equivalent

($ millions)	Forecast Spending 2006-2007	Planned Spending 2007-2008	Planned Spending 2008-2009	Planned Spending 2009-2010
Processing of Cases
Budgetary Main Estimates	1.9	1.9	1.9	1.9
Non-Budgetary Main Estimates	0	0	0	0
Less: Respendable revenue	0	0	0	0
Total Main Estimates	1.9	1.9	1.9	1.9
Adjustments
Procurement savings
Processing of cases
Other
Year-end lapse	0(.7)*
Total adjustments	(.7)	0	0	0
Total Planned Spending	1.2**	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 Tribunal Spending	1.6	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: Voted and Statutory Items listed in Main Estimates

($ millions)
Vote or Statutory Item	Canadian Artists and Producers Professional Relations Tribunal	2007-2008 Main Estimates	2006-2007 Main Estimates
20	Program expenditures	1.8	1.8
(S)	Contributions to employee benefit plans	0.1	0.1
	Total Agency	1.9	1.9

Table 3: Services Received Without Charge

($ millions)	2007-2008
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
Total 2007-2008 Services received without charge	0.4

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

Back to Top

---

Section IV: Other

Contact Information

Canadian Artists and Producers Professional Relations Tribunal
240 Sparks Street, 1^st 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].

---

¹ Sources: Hill Strategies Research, September 2004: Statistical Profile of Artists in Canada; Hill Strategies Research, March 2005: Arts Research Monitor

² Available on the Internet at: www.pch.gc.ca/progs/em-cr/eval/2002/2002_25/tdm_e.cfm

• Previous Page
• Table of Contents
•