Acts and Regulations

2025-47 - General

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2025-47
under the
Status of the Artist Act
(O.C. 2025-210)
Filed November 27, 2025
Under section 9 of the Status of the Artist Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General RegulationStatus of the Artist Act.
Definition of “Act”
2In this Regulation, “Act” means the Status of the Artist Act.
New Brunswick Lead Artists’ Associations
3For the purposes of the definition “New Brunswick Lead Artists’ Association” in section 1 of the Act, the following artists’ associations are prescribed:
(a) ASSOCIATION ACADIENNE DES ARTISTES PROFESSIONNEL.LE.S DU N.-B. INC.;
(b) INTERDISCIPLINARY ARTS ASSOCIATION OF NEW BRUNSWICK INC., carrying on business under the name ARTSLINK NB; and
(c) Mawi’art Wabanaki Artist Collective.
Application for accreditation
4In an application for accreditation as a professional artist under section 4 of the Act, an artist shall submit to the relevant New Brunswick Lead Artists’ Association
(a) evidence of income or prospective income earned through artistic activity in the form of one of the following:
(i) executed contracts with engagers or disseminators;
(ii) receipts; or
(iii) financial statements, and
(b) one of the following documents:
(i) a copy of a diploma or certificate of study in their artistic field; or
(ii) a declaration setting out the artist’s
(A) traditional knowledge, or
(B) self-study or informal study, and
(c) any other document demonstrating that the artist meets the conditions referred to in section 5.
Conditions for accreditation
5To determine whether an artist meets the conditions for accreditation set out in paragraphs (a) and (c) of the definition “professional artist” in section 1 of the Act, the New Brunswick Lead Artists’ Associations shall apply the following:
(a) for the condition under paragraph (a) of that definition:
(i) the artist is self-employed;
(ii) the artist devotes a reasonable amount of time to their artistic activities; and
(iii) the artist has documentation reflecting the dissemination, production or marketing of their works; and
(b) for the condition under paragraph (c) of that definition, the artist has been recognized by their peers by means of one or more of the following:
(i) a grant provided to the artist by a peer jury or a provincial or national arts council;
(ii) an award or an honourable mention given to the artist;
(iii) a professional opportunity offered to the artist;
(iv) publication of a review of the artist’s work in specialized media;
(v) a statement, provided to the artist by a peer working in the same discipline, attesting to the artist’s professionalism;
(vi) commercial representation of the artist by an agent, gallery or other similar intermediary; or
(vii) appointment of the artist to a peer jury.
Contractual provisions
6For the purposes of paragraph 5(2)(b) of the Act, any written contract to retain the services of a professional artist shall include provisions relating to each of the following:
(a) the legal or business names of the engager and the professional artist;
(b) the term of the contract;
(c) a description of the work, production or activity that is the subject of the contract;
(d) the financial consideration due to the professional artist and the terms and conditions of payment, including the dates of payment and the date of the delivery of the work, dissemination of the production or commencement of the activity;
(e) the notice and any compensation required when the engager or the professional artist terminates the contract before its completion;
(f) dispute resolution mechanisms;
(g) any parameters related to health and safety, insurance and third-party liability that are included in or excluded from the contract;
(h) if the professional artist consents to a transfer of rights or a licence with respect to their work or production, the terms and conditions relating to the rights or the licence, as the case may be, including
(i) the consideration to be received for the waiver of moral rights,
(ii) a description of the right to future use of the work or the production of the professional artist in its original form or in reproduction granted to the engager,
(iii) a provision stating whether or not the licence granted to the engager under the contract is transferable to a third party, and
(iv) any limitation on the use of the work or production or on its reproduction or distribution, as the case may be.
Commencement
7This Regulation comes into force on December 9, 2025.
N.B. This Regulation is consolidated to November 27, 2025.