Speaking points to welcome ALRA delegates

Ottawa
July 2010

• My name is Elaine Kierans and I am Acting Chairperson of the Canadian Artists and Producers Professional Relations Tribunal.
  
  
• On behalf of the Tribunal, I am very pleased to also welcome to Ottawa to all delegates and advocates here today.
  
  
• The Tribunal is a small, highly specialized labour board, dealing with professional relations in the cultural and entertainment industries.
  
  
• The Tribunal administers the Federal Status of the Artist Act.
  
  
• The Status of the Artist Act guarantees self-employed artists the right to join associations that can represent their professional interests and the right to bargain collectively with producers for the purpose of reaching agreement on the minimum terms and conditions under which they will provide services to those producers. The resulting agreements are called scale agreements.
  
  
• Scale agreements differ from typical collective agreements, in that they set the minimum terms and conditions applicable to contracts between artists and producers. Individual artists are still free to negotiate individual contracts that provide more favourable rights and benefits beyond a negotiated scale agreement.
  
  
• Another difference is that, certification under our legislation is sector-based. An artists’ association will be certified to represent independent self-employed artists working in a specific sector – for example, actors working in film and television, or writers working in live theatre.
  
  
• As a result a key role of the Tribunal is to define the sectors of cultural activity that are suitable for collective bargaining and to certify artists’ associations to represent these sectors.
  
  
• In terms of similarities, the Act provides the kind of framework we expect in labour relations laws – notice to bargain, the duty to bargain in good faith, and so on.
  
  
• Like all labour boards, the Tribunal also deals with complaints for such matters as unfair bargaining and breach of the duty of fair representation.
  
  
• In terms of the numbers: there are some 100,000 artists, 26 sectors of activity, 24 certified artists’ associations,
  
  
• Over 160 scale agreements concluded under the Act (most are accessible on our website),
  
  
• 165 federal government institutions, and
  
  
• Potentially 1,200 broadcasters (new TV and Radio stations apply for licenses all the time) that come under the jurisdiction of the Tribunal.
  
  
• This is an unusual piece of legislation, in that it accords collective bargaining rights to independent self employed contractors, rather than, as is usually the case, employees.
  
  
• The Tribunal’s jurisdiction covers independent self-employed artists, the associations that represent them, and producers in federal jurisdiction, including all broadcasters.
  
  
• Tribunal’s role is to contribute to Canada’s cultural community by encouraging constructive professional relations between freelance (independent self employed) artists and producers in the federal jurisdiction.
  
  
• Thank you for letting tell you a little more about our Tribunal and I hope you enjoy the conference and your stay in Ottawa.