Thank you, Mr. Chair, and thank you to the committee for the invitation.
The Status of the Artist Act was adopted in 1992 and enacted in 1995, just over 25 years ago.
Part II of the Act establishes a framework for collective bargaining between artists who are independent workers and producers who want to retain their services for specific projects. The purpose of this legislation was to allow for the negotiation of framework agreements between artist associations and producers in order to establish basic working conditions for designated sectors.
The federal Status of the Artist Act has limited application, in other words it applies when the producer is a federal institution, in other words a federally regulated department or agency, for example the National Film Board, or a broadcaster as defined by the Canadian Radio-television and Telecommunications Commission, such as TVA, Radio-Canada or CTV.
The Act is largely inspired by the Canada Labour Code with respect to the accreditation process for artist associations as negotiating agents and the terms surrounding collective bargaining. However, there are specific distinctions that are necessary for adapting to the realities of the artistic field and the nature of the relationship between the producers and artists as independent workers.
As you are aware, the act also established a specialized tribunal to deal with these matters. The Canadian Artists and Producers Professional Relations Tribunal, or CAPPRT for short. Legislative amendments were made in 2012 that abolished that tribunal and assigned the responsibility for part II of the act to the Canada Industrial Relations Board.
I was the executive director of the board at the time and was directly involved in that transition. The board immediately initiated consultations with the artistic community in an effort to develop and adopt procedural regulations that governed the handling of the cases that were to be filed with the board under the act. This resulted in the adoption of the Status of the Artist Act procedural regulations in 2014, which provide transparency on how these matters are processed before the board.
The former tribunal, CAPPRT, was very active in the early years following the coming into force of the act. The tribunal was called upon to define the various sectors and to certify the various associations as the representatives of artists in those sectors. There are currently 26 sectors that are recognized under the act and for which an association is certified to represent the artists in those sectors. The board maintains a register of certifications issued under the Status of the Artist Act, which is available on our website.
There is now limited activity under the act. The board has only received eight applications or complaints under the act since 2013, when the duties were transferred to the board. When an application or a complaint is received, we immediately assign a board officer to engage with the parties involved, to assist in clarifying the issues that need to be addressed and to gather the necessary information for the board to be able to make a determination. In some cases, the matter is resolved through a mediated settlement.
I am aware that previous witnesses who appeared before the committee expressed the importance of having complaints or applications dealt with expeditiously. I can inform the committee that the median processing time for all matters that come before the board is just under six months, and that's from the date of filing to the final determination. Some cases may take longer, depending on the issue being raised, whether a hearing is necessary and the availability of the participants in the process. We certainly strive to provide timely and effective dispute resolution services.
As the tribunal is responsible for interpreting and applying the provisions of the act, I will be careful not to take a position on policy issues, but I will be pleased to respond to any questions you may have. Thank you for the opportunity.