brief to the Ontario government's Subcommittee on ... - ACTRA Toronto

argaining in <strong>the</strong> industry is a priority. However, as is evident from <strong>the</strong> description
of ACTRA’s his<strong>to</strong>ry and activities in Part II of this <strong>brief</strong>, ACTRA has had some
measure of success in bringing producers/engagers who operate in provincial
jurisdiction <strong>to</strong> <strong>the</strong> bargaining table on a voluntary basis and negotiating
agreements which mandate minimum terms and conditions of engagement for
ACTRA members.
This does not mean that ACTRA is not interested in a legislative framework for
collective bargaining in arts and cultural industries in <strong>Ontario</strong>: far from it! But it
does mean that ACTRA has a critical interest in ensuring that any such
framework improves <strong>the</strong> situation for its members and does not weaken
protections which have been negotiated for <strong>the</strong>m over <strong>the</strong> years. ACTRA’s first
priority for new collective bargaining legislation for <strong>the</strong> arts in <strong>Ontario</strong> is <strong>the</strong>refore:
FIRST DO NO HARM!
This may seem like a fairly obvious point, but we make it for an important reason.
From ACTRA’s perspective, <strong>the</strong> type of ‘status of <strong>the</strong> artist’ collective bargaining
regimes which have been enacted federally and in Quebec do little <strong>to</strong> improve
<strong>the</strong> situation for ACTRA members already covered by ACTRA agreements, and
contain elements which may actively damage rights already enjoyed by ACTRA
members. In particular, <strong>the</strong>se regimes:
• contemplate that all agreements negotiated under <strong>the</strong> regime will be “first
agreements”, and <strong>the</strong>refore fail <strong>to</strong> recognize and protect already existing
agreements;
• fail <strong>to</strong> recognize that some artists’ unions with mature bargaining
relationships have already negotiated agreements on a national basis in
order <strong>to</strong> establish national industry standards, and will be negatively
affected by legislative requirements which focus <strong>to</strong>o narrowly on provincial
boundaries artificial <strong>to</strong> <strong>the</strong> industry;
• fail <strong>to</strong> provide an effective mechanism for bringing ‘outlier’
producers/engagers <strong>to</strong> <strong>the</strong> bargaining table, ei<strong>the</strong>r under <strong>the</strong> umbrella of
existing agreements, or through <strong>the</strong> negotiation of new agreements;
• limit coverage <strong>to</strong> artists who are independent contrac<strong>to</strong>rs, a feature which
divides many unions in <strong>the</strong> film and television industry.
ACTRA Toron<strong>to</strong> Performers would like <strong>to</strong> see ‘status of <strong>the</strong> artist’ legislation in
<strong>Ontario</strong> that, at a minimum, avoids <strong>the</strong>se deficiencies and provides for <strong>the</strong>
following:
• recognition of <strong>the</strong> legal status of artists’ organizations;
• recognition of <strong>the</strong> legal status and enforceability of existing agreements;
• support for and promotion of national bargaining within <strong>the</strong> context of
provincial jurisdiction;
ACTRA Toron<strong>to</strong> Performers
Brief <strong>to</strong> <strong>the</strong> Status of <strong>the</strong> Artist <strong>Subcommittee</strong> 10