Independent production in Canada is governed by the Independent
Production Agreement negotiated between the ACTRA Performers Guild
and the Canadian Film and Television Production Association (CFTPA).
For a full pdf version of the entire IPA click here.
Check out some of the key points in the IPA for performers:
- Preference of engagement
- Getting paid
- Pay as you play versus prepayment
versus advance payment options
- Online IPA rates
- Meal periods
- Travel
- Your safety on set
- Child performers
- Nudity
- Workday, turnaround and overtime
- Engagement of background
performers
- Upgrades
- Insurance and retirement contributions
Preference of engagement
Section 401 of the IPA says that "the producer agrees
to give preference of engagement to (ACTRA) members." That
means if you're a member or an apprentice member, you are seen
first, before any non-members, for roles in independent production.
 
Getting paid
Section A3601 of the IPA states that all fees owed to performers
"must be paid within fifteen (15) calendar days following
performance." ACTRA Toronto will hold a bond posted by production,
equivalent to the fees for two weeks for all ACTRA members, just
in case the production can't meet its obligations.
Performers have thirty (30) days to report any errors in payment
for work under the IPA (Section A3603). After this time, you can't
complain or receive redress.
In the event you are not paid on time, call your agent first!
He/she will call the production company to determine what's going
on. If your agent can't get the money, call the ACTRA office and
ask to speak with the steward responsible for the production right
away.
Pay as you play versus prepayment
versus advance payment options
Producers pay you for the work that you do in front of the
camera plus the right to distribute your work in one manner.
If the producer would like to distribute your work in a manner
other than the one that he/she has previously chosen then he/she
has to pay for those additional uses. The producer has the choice
of two payment options - that is, either, Prepayment or the Advance
Option.
Prepayment Option:
This option allows producers to use your work for four years following
the production's first commercial use. Depending on the intended
use, you should be paid either a minimum of 130% (theatrical production)
or 105% (TV production) of the net fees paid for the performer.
Advance Option:
The Advance Option pays you a percentage of your net fees and
allows the producer to begin distribution. Once the producer's
percentage of Distributors Gross Revenues (DGR) reaches the amount
you have been paid through the Advance, you will begin to receive
the appropriate percentage of the DGR.
Meal periods
A meal (of 1 hour in length) must be provided within the first
six hours of your work day. If a substantial snack is served on
or before the completion of five hours of work, the one hour meal
period may be delayed.
Meal penalty:
When it is necessary and you agree to work during the meal
period, you should be compensated at 200% of your contracted hourly
rate (calculated in 1/4 hour units)in addition to the applicable
payment for the period being worked, until the meal is provided.
Travel
As per section A1702 travel time shall be payable when a Performer
travels to and from a nearby location beyond a 40 km. radius from
the city centre or such other specified central point.
A "nearby location" is a location outside of the studio
zone where Performers are not lodged overnight but return to the
studio zone at the end of the day.
To see if you qualify for payment of transportation expenses check
out the radius map.
Your safety on set
Under Ontario labour law - you have the right to refuse work
that is unsafe. The IPA adds to this protection, as Section A2501
states that "performers shall not as a rule be required to
undertake risk performances."
If your performance involves a significant risk to your safety,
a stunt performer is generally used to double for you. Stunt Performers
are entitled to special fee schedules that are laid out in the
IPA (Sections A2602).
Aside from the strict conditions of the IPA, productions are also
required to adhere to the provincial rules for set safety - Safety
Guidelines for the Film and Television Industry in Ontario.
Child performers
The IPA defines a minor as a performer "under the age
of eighteen (18) years."
For performers under 12, "overtime is forbidden" (section
A2705-1), while performers from 12 to 15 years of age are allowed
two hours of overtime.
Productions are also required to provide on-set tutors where the
minor misses at least two days of school in a week or at least
nine days in a regular school year (Section A2701).
Nudity
Because different forms of nudity are often part of film and
television performances, the IPA devotes an entire section (Section
24) to the issue. Restrictions include:
- Performers have to be advised in advance of an audition if nudity,
love scenes or simulated sexual activity is part of the performance.
- Performers cannot be asked to disrobe in the first audition
and must first be auditioned as a Performer.
- The specifics of nudity have to be detailed in your contract
and received 48 hours in advance.
- Performers do not rehearse - except for the final rehearsal
- in the nude or semi-nude.
- When the scene involving nudity is being shot, the set will
be closed to everyone except those production personnel who have
"a direct and proven need to be present."
Work day, turnaround and overtime
Section A1101 states that a performer's workday "shall
consist of eight (8) consecutive hours ... exclusive of meal periods.
" This eight hours begins with a performer's call time or
make-up call - whichever is earlier. If a performer works more
than the eight hours, he/she will be paid overtime (Section A1201)
at the rate of 150% of his/her hourly rate. If the performer works
for more than 12 hours from his/her start of day, he/she will
be paid 200% of the hourly rate.
Performers are entitled to a rest period of at least 11 hours
between the end of one workday and the beginning of another (Section
A1301). When a Performer is required to work within this time
period, the Performer will be paid at a rate of 200% of the contracted
hourly fee. There are currently no provisions in the IPA for extra
pay for evening, weekend or holiday work.
Engagement of background
performers
According to Section C201, background performers are defined
as performers who do not "give individual characterization"
(link to example of individual characterization) and are "not
required to speak or sing any word or line of dialogue."
Productions are required to engage (when shooting scenes involving
background performers) up to "twenty-five (25) Guild members"
every day, according to Section C301. Where Full members of ACTRA
are unavailable, the Producer shall first offer engagement to
ACTRA Apprentice members and only then to non-members. (Section
C301) Production must issue vouchers to non-members who will make
up the balance of the 25 and those non-members will pay a permit
fee to ACTRA for being placed on voucher.
Upgrades
Section A2101 states that when a Performer (except Background
Performers) is upgraded in a category during the course of production,
(except as provided in Article C405), the Performer shall receive
payment in accordance with fees and rates for the higher category
or performance for the entire period of engagement in the same
Production or Episode.
When a Background Performer is upgraded to Actor or Principal,
(by virtue of an Individual Characterization or the addition of
dialogue), the Performer shall be contracted and receive payment
in accordance with the fees and rates for the higher category.
Payment should be retroactive for all days during which the Performer
was engaged to portray such Role or Individual Characterization.
The aforementioned upgrading of a Background Performer need not
apply retroactively unless the Background Performer has been previously
identified with such Role or Individual Characterization.
An example of what constitutes "Individual Characterization"
may be:
Performer X is a janitor in Episode 1, 2, 3, & 4 of a series.
Performer X never speaks and is only seen cleaning halls throughout
these four episodes.
On episode 5, however, Performer X is murdered by another character.
Performer X doesn't speak during the murder scene, however the
subsequent episode deals with the murder of the janitor.
Because, Performer X has become an integral part of the story
line - he may be upgraded.
An example of what does not constitute "Individual Characterization"
may be:
A Waiter (i.e. Background Performer), sets a glass on a table
and is acknowledged by a Principal who nods to the waiter - the
waiter smiles in response.
This however, may turn into an "Individual Characterization"
if the background performer is directed by the appropriate production
personnel (i.e. director, assistant director) to say a line such
as "you're very welcome, sir, now are you ready to order?".
Section C405 states that if any Background Performer is upgraded
to Special Skill Background Performer in the course of a workday,
then the higher rates shall prevail for the entire workday. If
the Background Performer is called back for the next day and the
Producer intends that s/he shall revert back to the original rate
of engagement, the Background Performer shall be notified at the
time of the callback.
Insurance and retirement
contributions
One of the benefits of being an ACTRA member is that you are
covered by the industry's most comprehensive I&R plan - outlined
in sections A38 of the IPA. Under the IPA, producers contribute
an amount equivalent to 4% of your gross fees for insurance purposes
- which provides for your drug, dental and accident coverage.
Producers contribute an amount equivalent to 6% of gross fees
for your retirement plan, while you contribute 3% of your gross
fees. These RRSP and insurance monies are administered by the ACTRA Fraternal
Benefit Society.
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