obligations of a member of the writers guild of canada

WRITERS GUILD OF CANADABY-LAWSSeptember 2008

Table of ContentsOBLIGATIONS OF THE WGC COUNCIL, NATIONAL FORUM, STAFF ........ 3WORKING RULES FOR A WGC MEMBER .................................................... 3BY-LAW NO. 1 – MEMBERSHIP ..................................................................... 4Section I – Failure to Pay Basic Dues ............................................... 4Section II – Failure to Pay Working Dues ......................................... 5Section III – Reapplication for Membership Following Expulsion .. 5Section IV – Withdrawal ..................................................................... 5Section V – Resignation ..................................................................... 6Section VI – Duty to Notify the WGC of Address Changes ............. 6BY-LAW NO. 2 – INITIATION FEE .................................................................. 6BY-LAW NO. 3 – BASIC DUES ....................................................................... 6BY-LAW NO. 4 – WORKING DUES ................................................................ 7BY-LAW NO. 5 – COUNCIL ............................................................................. 7Section I – President’s Term .............................................................. 7Section II – Honoraria ......................................................................... 7BY-LAW NO. 6 – ELECTION PROCEDURES ................................................ 7Section I – Nomination Procedures .................................................. 7Section II – Election Procedures ....................................................... 8Section III – Acclamation ................................................................... 9BY-LAW NO. 7 – REFERENDUM PROCEDURES ......................................... 9BY-LAW NO. 8 – DISCIPLINE COMMITTEE .................................................. 10Section I – Composition of the Discipline Committee ..................... 10Section II – Powers of the Discipline Committee ............................. 11Section III – Discipline Committee Rules .......................................... 11BY-LAW NO. 9 – DISCIPLINE ......................................................................... 12BY-LAW NO. 10 – DISCIPLINE PROCEDURE ............................................... 12Section I – Charges ............................................................................ 12Section II – Writer Response ............................................................ 13Section III – Assessment of Penalty .................................................. 14Section IV – Discipline Committee Procedures ............................... 14Section V – Decision of Discipline Committee ................................. 15Section VI – General Discipline Procedures..................................... 15BY-LAW NO. 11 – MINIMUM PENALTIES FOR BREACHES OF WORKINGRULES ............................................................................................................. 16

BY-LAW NO. 12 – RULES FOR CONDUCT OF MEMBERS DURINGSTRIKE ............................................................................................................. 18BY-LAW NO. 13 – SCHEDULE OF PENALTIES FOR BREACHES OF STRIKERULES .............................................................................................................. 19BY-LAW NO. 14 – PAYMENT OF FINES ........................................................ 20BY-LAW NO. 15 – STANDING AND AD HOC COMMITTEES ........................ 20BY-LAW NO. 16 – SIGNING PROCEDURES .................................................. 20BY-LAW NO. 17 – DEDUCTIONS FOR INSURANCE AND RETIREMENT .... 21BY-LAW NO. 18 – UNDELIVERABLE FUNDS ................................................ 21BY-LAW NO. 19 – GENERAL ......................................................................... 22Section I – Notice ............................................................................... 22Section II – Resident Quebec Members(Quebec Status of the Artist Legislation) ..................... 22Section III – Enforceability and Severability .................................... 232

OBLIGATIONS OF THE WGC COUNCIL, NATIONAL FORUM AND STAFFThe Writers Guild of Canada has established standards of discipline in itsConstitution and By-Laws for the purpose of enforcing professional conduct andresponsibility on the part of its members.It is incumbent upon the WGC Council, the WGC National Forum and the WGCstaff to effectively carry out the provisions of the WGC Constitution, the workingrules for a member of the WGC, and the By-Laws of the WGC affectingprofessional conduct and discipline. The WGC Council shall review theConstitution and By-Laws in order to ensure that they further the professional,creative and economic rights and interests of screenwriters in Canada working inradio, television, film, video, multimedia and all recorded media.WORKING RULES FOR A MEMBER OF THE WRITERS GUILD OF CANADA(WGC)Any reference contained in these By-Laws to the Writers Guild of Canada(hereafter referred to as the WGC) should be read as referring both to the WGCand any of its constituent parts, and any reference in these By-Laws to the By-Laws of the WGC shall be read as referring to the By-Laws of the WGC fromtime to time.1. A member shall not work for an engager who is not signatory to the relevantWGC agreement, or where applicable, to the relevant agreement of anIAWG affiliated guild, or for an engager who has been declared “Unfair” bythe WGC.2. A member shall not begin work without a signed contract entered into underthe terms of the relevant WGC agreement.3. A member shall not enter into a contract with any engager on terms lessfavourable than those in the applicable WGC agreement.4. A member shall file with the WGC a copy of each contract with any engagerwithin seven (7) days of signing each contract.5. All members shall comply with the terms of the duly ratified GuildAgreements in spirit as well as in letter and shall not knowingly sign anycontract or make any agreement which violates such Guild Agreements.6. No member shall work for an engager on speculation, or under anarrangement where payment is deferred or is contingent upon approval orthe engager’s ability to pay.7. A member shall be responsible for any agent or representative acting onhis/her behalf.3

8. A member shall at all times maintain a current personal address, telephonenumber and GST, HST or TVQ number, where applicable, at the WGCoffice. A member must advise the WGC office of any change within thirty(30) days.9. A member who wishes to use a pseudonym on any writing credit shallregister such a pseudonym with the Guild prior to notifying any engager ofthe pseudonym.10. Writers who are not members of the WGC, but who are reasonablychargeable with knowledge that the WGC is on strike, who neverthelesswrite for struck engagers, or who in any way act to harm the interests of theWGC during a strike, shall not be entitled to automatic membership in theWGC. When making an application to join, such writers shall be required toappear before the WGC Council, or a Committee of the WGC Council, todiscuss their prospective WGC membership. The WGC Council may makea ruling concerning membership, provided that such ruling will not result inan undue delay in achieving membership, or a denial of the opportunity towork in the jurisdiction of the WGC.11. A member who receives a credit for work in the WGC’s jurisdiction for a nonsignatoryengager shall be subject to discipline under the relevant provisionsof the WGC’s By-Laws.12. A member shall, from time to time, serve as a credit arbitrator in the serviceof his/her fellow members. When requested to perform this duty by theGuild, a member shall be permitted to decline a maximum of three (3) times.Failure to abide by the above working rules may subject a member to disciplineunder the relevant provisions of the WGC’s By-Laws.Section I – Failure to Pay Basic DuesBY-LAW NO. 1MEMBERSHIP1. A member who fails to pay his/her Basic Dues within ninety (90) days of thedue date of the Basic Dues Invoice, sent or served pursuant to Section 1 ofBy-Law No. 19, shall be either automatically placed on withdrawal, if eligibleor expelled.2. The WGC will notify, pursuant to Section 1 of By-Law 19, any member whois either automatically placed on withdrawal or expelled, of their membershipstatus and the conditions of that status.3. A person who has been expelled from the WGC and engages in activitywithin the jurisdiction of the WGC shall be treated as a non-member with allfinancial obligations thereof.4

Section II – Failure to Pay Working Dues1. A member who fails to pay his/her Working Dues within ninety (90) days ofthe sending or serving, pursuant to Section 1 of By-Law No. 19, of writtennotification by the WGC shall be expelled and shall not be eligible to reapplyfor membership for at least one (1) year, subject to the discretion of theWGC Council.2. A member who has been expelled from the WGC and engages in activitywithin the jurisdiction of the WGC shall be treated as a non-member with allfinancial obligations thereof.Section III – Reapplication for Membership Following Expulsion forNonpayment of Basic and/or Working DuesAny member who has been expelled for nonpayment of Basic and/or WorkingDues and who becomes eligible to reapply for membership may reapplyaccording to the following criteria:1. the writer must requalify for membership, according to the criteria set out inArticle 5 of the Constitution;2. the writer must pay all basic and/or working dues in arrears;3. the writer must pay the initiation fee and basic dues for the current period inwhich the writer reapplies for membership.Section IV – Withdrawal1. A member in good standing may give notice of withdrawal to the WGC, or beautomatically placed on withdrawal by the WGC, upon which they shall beconsidered a member on withdrawal, subject to paragraphs 3 and 5 below.2. A member on withdrawal shall:a) not be required to pay Basic Dues for the period in which they are onwithdrawal;b) not be entitled to any of the rights of membership, except forcontinuance of insurance benefits in effect at the time of becoming amember on withdrawal until the expiration of those benefits inaccordance with the terms of the Insurance Plan from time to time;c) not engage in any activity within the jurisdiction of the WGC;d) continue to participate in the Retirement Plan in a manner provided bythe Plan from time to time;e) be responsible for reactivating his/her membership upon engaging inany activity within the jurisdiction of the WGC; andf)5

g) become a member in good standing upon payment of all dues in arrearsas well as dues for the current period in which the member applies to bereinstated.3. A member shall not be eligible to withdraw his/her membership for a periodof two (2) years after becoming a member of the WGC, although s/he mayresign.4. Each withdrawal period shall not exceed a maximum period of two (2) years.5. A member who has reactivated his/her membership after withdrawal shallnot be eligible to withdraw his/her membership for a period of two (2) yearsafter such reactivation.Section V – Resignation1. A member in good standing may resign at any time upon completion of theappropriate forms for the WGC, and, as applicable, the Insurance Plan andRetirement Plan.2. In the event that a resigned member should reapply for membership in theWGC, the writer must pay any working and/or basic dues and any penaltiesand/or fines in arrears, and the WGC Council may attach such conditions toreadmission to the WGC as it deems necessary or reasonable.3. Subject to the discretion of the WGC Council, if a member resigns from theWGC in order to work for a non-signatory engager, s/he shall not be eligibleto reapply for membership with the WGC for a period of two (2) years fromthe date of his/her resignation.Section VI – Duty to Notify the WGC of Address Changes1. Each member in good standing and each member on withdrawal shall notifythe WGC of any change of address within fourteen (14) days after suchchange.BY-LAW NO. 2INITIATION FEEA writer fulfilling the membership requirements may join the WGC upon payingan initiation fee of three hundred and fifty dollars ($350).BY-LAW NO. 3BASIC DUESBasic Dues shall be one hundred and fifty dollars ($150) per annum, payable inadvance.6

BY-LAW NO. 4WORKING DUES1. Each member shall pay Working Dues equivalent to two per cent (2%) of thegross income earned in the WGC’s jurisdiction.2. Any writer who is not a member of the WGC shall pay Working Duesequivalent to five per cent (5%) of the gross income earned by him/her in theWGC’s jurisdiction. Any non-member writer working under the TVOcollective agreement shall pay Working Dues equivalent to six per cent (6%)of the gross income earned by such non-member writer under said collectiveagreement.3. Working Dues shall be deducted at source by the engager and forwardeddirectly to the WGC. In the event an engager fails to make such deductionand remittance on behalf of a member, the WGC shall notify the memberand the member shall be responsible for the payment of the working dues.4. The estate of a deceased writer shall not be subject to working dues.However, an administration fee shall be payable as set out in the collectiveagreement(s) or as established by the WGC Council.Section I – President’s TermBY-LAW NO. 5COUNCILThe President’s term of office shall take effect on the first day of his/her electionby the Council. The President’s term shall continue until the election of officersby the new Council.Section II - Honoraria1. The President shall receive an honorarium of $25,000 per year, paidmonthly.2. Councillors other than the President shall be remunerated in the amount of$200 per official Council meeting day.Section I – Nomination ProceduresBY-LAW NO. 6ELECTION PROCEDURES1. Only WGC Full members in good standing may nominate or vote forcandidates.7

Full members can only nominate and vote for WGC Councillors or NationalForum delegates in their own region.2. The Executive Director, or his/her designate, shall prepare and distribute tothe membership a notice of election.3. A nomination form shall be sent to full members in good standing at the timeof the distribution of the notice of election.4. The nomination form shall be accompanied by a notice informing themember of the last date on which the nomination form may be returned.Such notice may also be printed on the nomination form.5. Each nomination form must be signed by the proposer and the seconder ofthe nomination as well as by the nominee, indicating acceptance of thenomination. The form may be signed in counterparts, and may be signedvalidly by facsimile transmission.6. Nomination forms may be returned by mail, email or by facsimile.7. Election Statements:a) Each candidate for the WGC Council may make an election statementof up to 500 words in length.b) Each candidate for the National Forum may make an election statementof up to 250 words in length.c) Election statements shall only be required in the event of an election.Section II – Election Procedures1. If there is more than one nomination per position, a vote will be required.2. The Executive Director, or his/her designate, shall prepare an electionbulletin containing the election statements of each candidate.3. The election bulletin shall include a notice informing the member of the latestdate on which the ballot may be returned. Such notice may also be printedon the ballot.4. The election bulletin and a ballot shall be sent by fax, email or mailed in asealed envelope to each full member in good standing at the last addressthe member has reported to the WGC. The WGC may elect the method ofballot return: mail, fax, email or other electronic means, or a combinationthereof, as it sees fit.5. Each mailed ballot shall be accompanied by a postage-paid self-addressedenvelope provided by the WGC.8

6. When returning the ballot by mail, each member must identify his/her nameand membership number on the envelope provided by the WGC. Ballotscontained in envelopes without the member’s name and membershipnumber shall be considered invalid. If returning a ballot by fax, email orother electronic means, each member must identify his/her name andmembership number on the ballot. The WGC will provide a fax number,email address and/or other information specifically for returning ballots.7. A member who claims non-receipt of a ballot may secure a new ballot fromthe WGC office by fax, email or by mail together with an envelope forreturning the ballot to the WGC within the given time frame.8. The WGC shall appoint a Scrutineering Committee to count the ballots.9. The Scrutineering Committee shall submit a report to the Executive Directorstating:a) the number of ballots cast in favour of each candidate; andb) the number of ballots spoiled.10. The WGC shall notify the membership of the election results.Section III – Acclamation1. If there is only one nominee for a position, the nominee shall be consideredelected by acclamation.BY-LAW NO. 7REFERENDUM PROCEDURESWhenever a referendum vote is ordered by the WGC Council on any question,including amendments to the constitution, the following procedure shall apply:1. The Executive Director, or his/her designate, shall prepare and mail, fax oremail a notice of referendum containing the necessary information.2. Each ballot shall be accompanied by a notice informing the member of thelatest date on which such ballot may be returned. Such notice may also beprinted on the ballot itself.3. The question shall be clearly stated in such a way that the member may voteby marking an “X” or “check” opposite the word “Yes” or “No” opposite oneor two or more choices as the case may be.4. The ballot shall only be sent to full members in good standing at the time ofdistribution of the notice of referendum.9

5. The notice of referendum may state the recommendation(s) of the WGCCouncil and National Forum with respect to the question and reasons forsuch recommendation(s).6. The notice and ballot shall be faxed, emailed or mailed in a sealed envelopeto each member in good standing at the last address the member hasreported to the WGC. The WGC may elect the method of ballot return: mail,fax, email or other electronic means, or a combination thereof, as it sees fit.7. Each mailed ballot shall be accompanied by a postage-paid self-addressedenvelope provided by the WGC.8. When returning the ballot by mail each member must identify his/her nameand membership number on the envelope provided by the WGC. Ballotscontained in envelopes without the member’s name and membershipnumber shall be considered invalid. If returning a ballot by fax, email orother electronic means, each member must identify his/her name andmembership number on the ballot. The WGC will provide a fax number,email address and/or other information specifically for returning ballots.9. A full member who claims non-receipt of a ballot may secure a new ballotfrom the WGC office by fax, email or by mail together with an envelope forreturning the ballot to the WGC within the given time frame.10. The WGC shall appoint a Scrutineering Committee to count the ballots.11. The Scrutineering Committee shall submit a report to the Executive Directorstating:a) the number of ballots cast in the affirmative;b) the number of ballots cast in the negative;c) or, the number of ballots cast in favour of each alternative, as the casemay be; andd) the number of ballots spoiled.12. The WGC shall notify the membership of the referendum results.BY-LAW NO. 8DISCIPLINE COMMITTEESection I – Composition of Discipline Committee1. The Discipline Committee shall be composed of members in good standingappointed by the WGC Council and shall not be fewer than three (3) innumber. The Discipline Committee shall choose from its members a Chairand a Vice Chair.10

2. The powers and duties of the Discipline Committee may be exercised orcarried out, as the case may be, by a minimum of three (3) members of theDiscipline Committee.3. Members of the Committee shall each hold office for a term not to exceedthe term of the appointing WGC Council, provided that the members of theCommittee shall be deemed to continue to hold office for the purpose ofparticipating in the decision of any discipline matter(s) before them at thetime of the expiry of the term of the appointing WGC Council.4. Any vacancy on the Committee shall be filled by an appointee of the WGCCouncil for the remainder of the vacating member’s term.5. The Committee shall meet as necessary to hear charges filed with theCommittee.6. The Committee shall report to the Executive Director.Section II – Powers of Discipline Committee1. The Discipline Committee shall render any decision which it may deemappropriate, and shall have the power to:a) dismiss the charge in whole or in part; orb) confirm the charge and penalty being contested; orc) confirm the charge and change or set a payment schedule for thepenalty being contested.2. The Discipline Committee shall determine the penalty to be imposed, andshall have discretion to reduce or to waive any minimum penalty set out inthe By-Laws.Section III – Discipline Committee Rules1. The WGC Council may adopt rules governing the practice and procedure ofits Discipline Committee which:a) are consistent with the principles of natural justice;b) respect the right of the accused to a fair opportunity to present theirdefence, in light of the fact that the WGC is a national organization andthat it is in the interests of the WGC and its members that disciplinematters be dealt with expeditiously and with a minimum of expense; andc) are not in conflict with the WGC Constitution, including the working rulesfor a member of the WGC, and the By-Laws of the WGC.2. Where the WGC Council has not created a Discipline Committee, it shallassume the responsibilities of the Discipline Committee.11

BY-LAW NO. 9DISCIPLINE1. Any member may be suspended or expelled from membership in the WGC,or be reprimanded, fined or suspended from some or all rights ofmembership for a fixed period of time or otherwise, or disciplined at thediscretion of the Discipline Committee, if the member:a) is found to be in breach of the WGC’s Constitution, or the working rulesfor a member of the WGC, or the By-Laws of the WGC; orb) absconds with or otherwise improperly converts monies of the WGC.2. The Discipline Committee shall notify the WGC Council of any member whohas been disciplined.3. Subject to the discretion of the WGC Council, a member who has beensuspended or expelled by the WGC shall not be entitled to any of the rightsof membership until all claims or charges against him/her have been dealtwith in accordance with the WGC Constitution and By-Laws.Section I – ChargesBY-LAW NO. 10DISCIPLINE PROCEDUREa) Any charge alleging a violation of the WGC Constitution, or the workingrules for a member of the WGC, or the By-Laws of the WGC, or of anyof the obligations contained in those documents, shall be made inwriting by the Executive Director, and a copy of the charge shall be filedwith the Chair of the Discipline Committee.b) The charge shall contain the following particulars:i) the date or dates (if known) when the alleged violationoccurred;ii)iii)iv)the name or names (if known) of the engager (if any) involvedin the alleged violation;a concise description of the alleged violation;the clause or clauses of the WGC Constitution, the workingrules for a member of the WGC, or the By-Laws of the WGCalleged to have been violated; andv) the penalty to be imposed by the WGC if the charge is notcontested.12

c) The Discipline Committee shall determine the penalty in accordancewith the By-Laws, which penalty shall not be less severe, but may bemore severe, than whatever minimum penalty may be prescribed forthe alleged violation.d) The Executive Director shall cause the charge to be sent to the memberpursuant to Section 1 of By-Law No. 19, together with a copy of theprovisions of the By-Laws which deal with discipline or a summarythereof, or both.Section II – Writer Responsea) The member against whom a charge of violation of the WGCConstitution, the working rules for a member of the WGC, or the By-Laws of the WGC, has been alleged may:i) not contest the charge and accept the penalty set out in thecharge;ii)iii)iv)admit the charge and accept the penalty set out in the charge;admit the charge, but contest the penalty set out in the charge,before the Discipline Committee; orcontest the charge, and the penalty set out in the charge,before the Discipline Committee.b) If the member contests the charge or the penalty set out in the charge,or both, such response shall be filed in writing with the ExecutiveDirector not later than thirty (30) days after the date of the giving ofnotice of the charge to the member. The response shall state whetherthe member elects to proceed on the basis of written material only, or byway of an Oral Hearing (where both parties shall either be present at theHearing or shall agree that such Hearing may be conducted viatelephone conference call). In the event the response does not containa statement of the member’s preference, they shall be deemed to haveelected to proceed on the basis of written material only.c) A copy of any response to the charge shall be filed with the Chair of theDiscipline Committee within seven (7) days of receipt by the ExecutiveDirector.d) Any member against whom a charge is filed who fails either to admit thecharge, or to file a response to the charge within the time limit outlinedabove, shall be deemed conclusively to have admitted the charge andto have accepted the penalty set out in the charge, and is thereforeconsidered to be guilty.13

Section III – Assessment of Penaltya) Where no response to the charge has been filed, or where the memberhas admitted the charge and accepted the penalty set out in the charge,the penalty assessed shall be considered owing. The member shallhave thirty (30) days to pay the penalty.Section IV – Discipline Committee Proceduresa) Within fourteen (14) days of receipt by the Chair of the DisciplineCommittee of the member’s response to the charge, notice shall begiven to the member of the date and time of the Discipline Hearing, and,in the case of an Oral Hearing, the place, which Hearing shall be heldnot less than fourteen (14) days but not more than forty-five (45) daysfollowing the giving of such notice.b) Oral Hearings shall be held at the City of Toronto. If participants of theOral Hearing cannot convene in Toronto, such Hearing shall beconducted via telephone conference call, provided that all personsparticipating in said Hearing can communicate with each othersimultaneously and instantaneously. At the discretion of the Chair ofthe Discipline Committee, an Oral Hearing may be conducted outside ofToronto with the consent of the member and the Executive Director.c) A copy of any written material (other than the charge and the member’sresponse) upon which either the Executive Director or the memberintends to rely at the Discipline Hearing shall be given to both parties,and, if the member has elected to proceed by way of Oral Hearing, a listof the witnesses which each party intends to call, and the original filedwith the Discipline Committee, not less than seven (7) days before thedate and time of the Discipline Hearing.d) Since the WGC is a national organization, a Discipline Hearing basedon written material only may be held by one or more telephoneconference calls, and such method of conducting a hearing shall beconsidered valid and binding, provided that all persons participating insaid hearing can communicate with each other simultaneously andinstantaneously.e) If the writer has elected to proceed with the Discipline Hearing basedsolely on written material, copies of said material shall be madeavailable to members of the Discipline Committee not later thanseventy-two (72) hours before the Hearing.f) If the member has elected to proceed by way of an Oral Hearing, theExecutive Director and the member shall be entitled to call evidenceand make representations at the Hearing relevant to the issues beforethe Discipline Committee. Each party shall be limited to forty-five (45)minutes of evidence, unless the Committee, in its sole discretion, rulesthat additional time is required in the interest of justice.14

g) The member shall bear all costs and expenses of the attendance by themember, his/her witnesses and/or his/her representative at the OralHearing.Section V – Decision of Discipline Committeea) The Discipline Committee shall render a written decision on the chargeand the penalty, if any, not later than fourteen (14) days after theHearing has ended.b) The written decision shall be dated and signed by a majority of theCommittee, and shall contain findings of fact and reasons for thedecision. The written decision may be signed in counterparts, and maybe signed validly by facsimile transmission.c) Any dissenting member of the Committee may file a separate opinionwhich shall be dated and signed by the dissenting member(s), and shallcontain findings of fact and reasons for the opinion.d) The decision of the Committee shall be final and binding.e) A copy of the written decision and any dissenting opinion(s) shall begiven to the member pursuant to Section 1 of By-Law No. 19, and acopy shall be filed with the Executive Director.Section VI – General Discipline Proceduresa) Any time limit stipulated in By-Law #10 may be extended either beforeor after its expiry, at the sole discretion of the Discipline Committee orwith the consent of the member and the Executive Director.b) In these By-Laws, where reference is made to an Officer or Official ofthe WGC, such reference shall be deemed to include the designate ofsuch Officer or Official.c) The Discipline Committee holding a Hearing pursuant to these By-Lawsmay accept such oral or written representations or evidence as it, in itsdiscretion, considers proper, and may, in whole or in part, base itsdecision on any such representations or evidence.d) A member charged under these By-Laws may be represented at allstages of the proceedings by a solicitor or representative at themember’s own expense.e) The Discipline Committee holding an Oral Hearing at the election of themember may assess the costs of the Hearing against the member,should the Committee find that it was unreasonable, in thecircumstances of the case, for the member to have proceeded by way ofOral Hearing.15

BY-LAW NO. 11MINIMUM PENALTIES FOR BREACHES OF WORKING RULESThe WGC Council has approved the following minimum penalties for breaches ofWorking Rules. All fines shall be payable to the WGC.1. Working for a Non-Signatory Engagera) Any member who works for a non-signatory engager shall be fined notless than five hundred dollars ($500) for each offence.b) Any member who has been notified by the WGC that an engager is anon-signatory engager and works for such non-signatory engager shallbe fined not less than one thousand dollars ($1,000) and, in addition, atthe discretion of the Discipline Committee, the member may be fined anamount up to one hundred per cent (100%) of the gross fees earned bythe member for the relevant engagement.c) Any member who, having been notified by the WGC that an engager isa non-signatory engager, commits more than once the offence ofworking for a non-signatory engager shall be expelled and shall not beeligible to reapply for membership for at least two (2) years, subject tothe discretion of the WGC Council.2. Working for an “Unfair” Engagera) Any member who works for an engager who has been declared “unfair”shall be fined not less than five hundred dollars ($500).b) Any member who has been notified by the WGC that an engager hasbeen declared “unfair” by the WGC and who works for such engager,shall be fined not less than two thousand dollars ($2,000), and, inaddition, at the discretion of the Discipline Committee, the member maybe fined an amount up to one hundred per cent (100%) of the grossfees earned by the member for the relevant engagement.3. Working for less than Applicable Minimum Feesa) Any member who works for fees that are below the minimum feesprescribed by a WGC agreement applicable to the engagement shall befined an amount equal to the difference between the minimum fee andthe contracted fee, plus two hundred dollars ($200).b) Any member who has been notified by the WGC of a potential breach ofthis By-Law and who works for fees that are below the minimum feesprescribed by a WGC agreement applicable to the engagement shall befined not less than one thousand dollars ($1,000), and, in addition, atthe discretion of the Discipline Committee, the member may be fined anamount up to one hundred per cent (100%) of the gross fees earned bythe member for the relevant engagement.16

4. Working while on Withdrawal Membership Statusa) Any member on withdrawal who works within the jurisdiction of theWGC while his/her membership is on withdrawal shall be fined not lessthan five hundred dollars ($500) for the first offence, and, in addition, atthe discretion of the Discipline Committee, the member may be fined anamount up to one hundred per cent (100%) of the gross fees earned bythe member for the relevant engagement.b) Any member on withdrawal who commits the offence of working, morethan once, while his/her membership is on withdrawal shall besuspended or expelled from membership in the WGC for a period of two(2) years, or be reprimanded, fined, suspended from some or all rightsof membership for a fixed period of time or otherwise, or disciplined atthe discretion of the Discipline Committee.5. Receiving a credit from a Non-Signatory Engagera) Any member who receives a credit for work in the WGC’s jurisdiction fora non-signatory engager shall be fined not less than five hundred dollars($500) for each offence.b) Any member who receives a credit from a non-signatory engager morethan once may, at the discretion of the Discipline Committee, be finedan amount up to one hundred per cent (100%) of the member’s fee onthat engagement and/or may be expelled from the membership and notbe eligible to reapply for membership for at least two (2) years, subjectto the discretion of the WGC Council.6. Failure to serve as a Credit Arbitrator when requesteda) Any member who declines the WGC’s request to serve as a creditarbitrator in excess of three (3) times shall be fined not less than twohundred and fifty dollars ($250) for each occasion the member refusesto serve.b) Any member who accepts the duty of serving as a credit arbitrator andreceives the credit arbitration materials must render a decision withinthe allotted time. If he or she is unable to complete the duty, s/he mustnotify the Guild by the mid-point of the time allotted. Failure to givenotice shall result in expulsion from the Guild and the expelled membershall not be eligible to reapply for membership for at least two (2) years,subject to the discretion of the WGC Council.7. Failure to file a Signed Contract when requesteda) Any member who does not abide by the WGC’s request to file a signedcontract shall be fined not less than two hundred and fifty dollars ($250)for each occasion.17

BY-LAW NO. 12RULES FOR THE CONDUCT OF MEMBERS DURING A STRIKE1. No member shall work or enter into a contract in contravention of the strikerules proclaimed by the WGC as follows:a) Any act or conduct which is prejudicial to the welfare of the WGC and itsmembers is subject to disciplinary action. Conduct tending to defeat astrike or in any way weaken its effectiveness is per se conductprejudicial to the welfare of the WGC.b) No member shall work for a struck engager even though the member isengaged or under contract to the said engager at the time the strike iscalled.c) No member shall write or continue to write for a struck engagerimmediately upon the calling of a strike, regardless of the script stagereached.d) The prohibition against working for a struck engager is in forceregardless of the place at which work might be done, i.e. whether on oroff the premises of the engager.e) No member shall perform work, nor deliver any script material,regardless of when it was contracted.f) No member shall discuss future work nor submit script material of anykind to a struck engager even though neither negotiation nor contractingis contemplated until after the settlement of the strike.g) Immediately upon the calling of a strike, each member shall informhis/her agent(s), personal manager(s), or any other representative(s) ofall WGC strike rules and revoke or suspend any authorization orrepresentation in relation to the struck engager for the duration of thestrike.h) Each member shall be responsible for any agent or representativeacting on his/her behalf.i) No member shall engage in any conference, negotiations, discussionsor meeting of any kind, whether in person, by telephone or through themail, or through any agent or other representative, with any struckengager, their employees, associates, subsidiaries and/orrepresentatives regarding any contract or engagement, even though theeffective date of any such proposed contract be scheduled for a timeafter the settlement of the strike.j) No member shall cross a picket line established by the WGC.k) No member shall enter the premises of any struck engager.18

l) No member may use a fictitious name of any kind as a means ofcircumventing strike rules and regulations.m) Each member is charged with knowledge of all strike rules andregulations, of any strike information or developments circulated to themembership and of any strike information communicated through anymeans, unless they offer satisfactory evidence that it was impossible forthem to receive such strike information.n) For the purposes of By-Law No. 12, the term “member” encompassesanyone admitted to membership in the WGC, regardless of his/herstatus.o) No member may be relieved of the responsibility for the payment of anyfine, or from disciplinary action resulting from any infraction of strikerules by offering his/her resignation from the WGC.p) The WGC Council may delegate the enforcement of these rules toproperly constituted committees or WGC personnel.BY-LAW NO. 13SCHEDULE OF PENALTIES FOR BREACHES OF STRIKE RULES1. Working While WGC is on Strikea) Any member who works for a struck engager in the jurisdiction of theWGC shall be fined an amount up to one hundred per cent (100%) of allgross fees and royalties or residuals earned by the member for theengagement of work.b) The member’s name shall be published in one or more WGCpublications and the member shall be expelled from the WGC for aperiod of one (1) year. The writer may reapply for membership afterexpiry of the one (1) year period, subject to the conditions of applicationas set out in Article 5 of the WGC Constitution and Section 2 of By-LawNo. 1.2. Working in the Jurisdiction of Affiliated Guilds who are Members of theIAWG While that Guild is on Strikea) Any member who works for a struck engager in the jurisdiction of anaffiliated guild who is a member of the IAWG shall be fined an amountup to one hundred per cent (100%) of all gross fees and royalties orresiduals earned by the member for the engagement of work.19

BY-LAW NO. 14PAYMENT OF FINESA member who fails to pay a fine within thirty (30) days of its being imposed, orwho fails to adhere to the payment schedule set out by the Discipline Committee,shall be expelled from the WGC for a minimum period of two (2) years, afterwhich the member may reapply for membership upon payment of all outstandingfines and dues.BY-LAW NO. 15STANDING AND AD HOC COMMITTEES1. The WGC Council shall have the authority to establish and disband Standingand Ad Hoc Committees as necessary.2. Members of a committee shall each hold office for a term not to exceed theterm of the appointing WGC Council, provided that the members of thecommittee shall be deemed to continue to hold office for the purpose ofparticipating in the decision of any matter before him/her at the time of theexpiry of the term of the appointing WGC Council.3. Any member in good standing may be appointed to a standing or ad hoccommittee.BY-LAW NO. 16SIGNING PROCEDURES1. Two signatures shall be required on official WGC documents, suchdocuments to include but are not limited to agreements with otherorganizations, lease of office premises and long-term financial commitments.2. The two authorized signatures shall be comprised of the President of theWGC Council and:i) the Executive Director; orii)a member of Council.20

BY-LAW NO. 17DEDUCTIONS FOR INSURANCE AND RETIREMENT1. Considering that the WGC continues the established Insurance Plan andRetirement Plan for the benefit of its members and has successfullynegotiated engager contributions in addition to member contributions tocover the costs of the Plan, the WGC has the right and authority to requireand have engagers make deductions from payments due to members and tohave such member deductions and the engager contributions made payableto the insurance and retirement plans.2. In order to equalize the engager payments and deductions in respect ofWGC members and non-members, the WGC has the right and authority, asnegotiated under the WGC’s collective agreement(s), to require and haveengagers make contributions and deductions from payments due to nonmembers.3. These Non-member Equalization payments made in respect of nonmembersmay be used and applied by the WGC in such manner and forsuch purposes as may be determined in the absolute and unfettereddiscretion of the WGC.4. In the case of deceased members, the engager is required to makecontributions towards the member’s Insurance Plan and Retirement Plan.However, the WGC shall not require engagers to make deductions from themember’s payments. Such contributions shall be forwarded to the member’sestate.5. In the case of deceased non-members, the engager is required to make theNon-member Equalization contributions but shall not be required to makedeductions from the deceased non-member’s payments. These NonmemberEqualization payments made in respect of deceased non-membersmay be used and applied by the WGC in such manner and for suchpurposes as may be determined in the absolute and unfettered discretion ofthe WGC.BY-LAW NO. 18UNDELIVERABLE FUNDS1. Pursuant to the WGC’s various agreements, royalties and other paymentsfor writers shall be delivered to the WGC for processing and transmission tothese writers. The WGC makes all reasonable efforts to locate the writers.2. If a writer does not claim such a cheque within three (3) years after the initialadvertisement of unclaimed funds appears in the WGC magazine and/or theWGC website, then the amount of the cheque shall be declared forfeit anddeemed the WGC’s property.21

3. The WGC shall not be obliged to pay interest on any amounts paid to awriter whose cheque could not be delivered at the address listed by thewriter with the WGC or, in the case of a non-member, provided to the WGCby the company or other payor, entity or person involved, and any interestearned on such amounts shall be the property of the WGC.4. This By-Law shall apply to royalties, other compensation paid for re-use ofmaterial and other payments received by the WGC for writers (bothmembers and non-members) prior to the effective date of this amendmentand held by it on such date, and all such amounts received by the WGCthereafter.Section I – NoticeBY-LAW NO. 19GENERALFor the purposes of these By-Laws, notification by the WGC shall be deemed tohave been given to the writer by any of the following means:a) sending a written notice by prepaid ordinary or registered mail to the writer’slast known address as recorded in the WGC’s records, in which case noticeshall be deemed to have been received by the writer on the tenth day aftermailing; orb) sending a written notice by prepaid courier to the writer’s last known addressas recorded in the WGC’s records, in which case notice shall be deemed tohave been received by the writer on the fifth day after the courier was giventhe notice; orc) sending a written notice by facsimile transmission to the writer’s last knownnumber as recorded in the WGC’s records; ord) sending a written notice by electronic mail (e-mail) to the writer’s last knowne-mail address as recorded in the WGC’s records; ore) personal service of written notice upon the writer or his/her duly authorizedagent.Section II – Resident Quebec Members (Quebec Status of the ArtistLegislation)a) Members in the province of Quebec may, from time to time, meet in ageneral membership meeting.b) All full members in good standing, who reside in the province of Quebec,have the right to take part and vote in general membership meetings and inreferenda in that province.22

c) Ten per cent (10%) of the membership in Quebec may require that a generalmembership meeting or referendum be held on a question specificallyconcerning the Quebec members.Section III – Enforceability and SeverabilityThe Constitution of the WGC, the working rules for a member of the WGC, andthe By-Laws of the WGC are subject to federal and provincial legislation. If anyprovision of the Constitution of the WGC or the By-Laws of the WGC, includingthe working rules for a member of the WGC, is found to be unlawful, void orunenforceable for any reason, it shall be deemed to be severable from, and shallnot affect the validity or enforceability of, the remaining provisions of the WGCConstitution, the working rules for a member of the WGC, and the By-Laws of theWGC, which shall remain valid and enforceable according to their terms.23