BILL 35

Status of the Artist Act

His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definitions

1 The following definitions apply in this Act.

“artist” means an individual who creates, interprets or performs in an artistic field. (artiste)

“artist’s association” means an organization, or any branch or local of the organization, that has among its objectives the promotion or management of the professional, social and economic interests of artists whom are members. (association d’artistes)

“artistic field” means (domaine artistique)

(a)  literary arts,

(b)  visual arts,

(c)  crafts,

(d)  music,

(e)  theatre,

(f)  dance,

(g)  performing arts,

(h)  media arts,

(i)  interdisciplinary arts, or

(j)  any other artistic discipline prescribed by regulation.

“engager” means one of the following entities that contracts with or retains the services of one or more professional artists: (embaucheur)

(a)  a portion of the public service specified in Part 1 or Part 2 of the First Schedule of the Public Service Labour Relations Act;

(b)  an artistic or cultural organization that receives funding from an entity referred to in paragraph (a); or

(c)  any other person or organization that receives funding to be used to retain the services of a professional artist from an entity referred to in paragraph (a).

“Minister” means the Minister of Tourism, Heritage and Culture and includes a person designated by the Minister to act on the Minister’s behalf. (ministre)

“New Brunswick Lead Artist’s Association” means an artist’s association prescribed by regulation. (principales associations d’artistes du Nouveau-Brunswick)

“professional artist” means an artist who, in the opinion of one of the New Brunswick Lead Artist’s Associations referred to in section 4, (artiste professionnel)

(a)  actively engages, for remuneration, in creation, interpretation or performance in an artistic field,

(b)  has received specialized training in the artist’s discipline or equivalent training, or has traditional knowledge in that discipline, and

(c)  is recognized by the artist’s peers.

“scale agreement” means a scale agreement as defined in the Status of the Artist Act (Canada). (accord-cadre)

This Act binds the Crown in Right of the Province

2 This Act binds the Crown in Right of the Province.

Declaration

3 It is declared that

(a)  art is recognized as a profession,

(b)  artists make an important contribution to the cultural, social, economic and educational enrichment of New Brunswick,

(c)  creative work is a public good contributing to the development and well-being of the community,

(d)  government has a role in improving the economic status of professional artists, encouraging the engagement of and promoting professional artists,

(e)  professional artists have a right to negotiate the retention of their services and their working conditions,

(f)  professional artists merit equitable treatment and have the right to receive fair remuneration for the creation, interpretation, performance and use of their artistic works, and

(g)  artist’s associations have a role in the support and promotion of the arts sector.

Accreditation of professional artists

4( 1) An artist working in New Brunswick may apply to any New Brunswick Lead Artist’s Association for accreditation as a professional artist.

4( 2) Any of the New Brunswick Lead Artist’s Associations may, subject to the regulations, accredit as a professional artist any artist who satisfies the conditions for accreditation referred to in the definition “professional artist”.

4( 3) A New Brunswick Lead Artist’s Association shall maintain a register of artists that it has accredited as professional artists and shall provide engagers with access to that register.

Contracts

5( 1) No engager, whether operating for profit or as a non-profit, shall without having entered into a written contract retain the services of a professional artist for the following purposes:

(a)  creation or interpretation of an artistic work or production;

(b)  presentation of an artistic work or production to the public;

(c)  participation in an enterprise that circulates or disseminates artistic works to the public, including lending, leasing, exchanging, depositing, exhibiting, publishing, publicly presenting or using in any other similar manner;

(d)  participation in a peer jury; or

(e)  consulting or conference presentation in an artistic field.

5( 2) Every written contract entered into under subsection (1) shall

(a)  incorporate by reference a scale agreement entered into under the Status of the Artist Act (Canada), if any, as the Minister considers applicable in the circumstances, and

(b)  include any other provision prescribed by regulation.

5( 3) Subject to subsection (4), the contract binds the parties.

5( 4) The provisions of the scale agreement referred to in paragraph (2)(a) apply to the parties to the extent that the Minister considers reasonable, but do not apply

(a)  until April 1, 2027, to a cultural or artistic organization referred to in paragraph (b) of the definition “engager”, or

(b)  to a person or organization referred to in paragraph (c) of the definition “engager”.

5( 5) This section shall not be applied so as to deprive a professional artist of a right or benefit that is more favourable to the professional artist than is provided for under a scale agreement.

Advisory committees

6 The Minister may establish one or more advisory committees to investigate any matter concerning professional artists that the Minister considers appropriate and to report to the Minister.

Administration of the Act

7 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

Review of the Act

8 No later than five years after the commencement of this Act, the Minister shall undertake a review of the operation of this Act in consultation with any advisory committee established under section 6.

Regulations

9 The Lieutenant-Governor in Council may make regulations

(a)  prescribing artistic disciplines for the purposes of paragraph (j) of the definition of “artistic field”;

(b)  prescribing artist’s associations for the purposes of the definition “New Brunswick Lead Artist’s Association”;

(c)  for the purposes of section 4, specifying criteria to determine whether an artist satisfies the conditions of accreditation referred to in paragraphs (a), (b) and (c) of the definition “professional artist” or prescribing any other condition for accreditation;

(d)  prescribing provisions that shall be included in written contracts for the purposes of paragraph 5(2)(b).

Commencement

10 This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.