Provincial Advocacy and Status of the Artist

Since the failure of the long-awaited Status of Ontario's Artists Act, ACTRA Toronto has continued to pursue rights and benefits for Ontario's artists. Our most recent campaigns seek that artists be granted basic labour rights.

ACTRA Toronto Advocates Income Tax Averaging for Ontario Artists

A Private Member's Bill introduced to the Ontario Legislature by MPP Peter Tabun on December 8, 2009 would empower the provincial government to allow artists to average their income across multiple years for income tax purposes. It would also provide income tax exemptions for specific arts grants and royalties.

Canadian film and television star Wendy Crewson, who joined Tabuns at a press conference, explained the cyclical nature of performers work. "When we have a good year, we pay the high tax that goes with that high income, yet the following year we can be scraping to find the money to pay the mortgage. We delve into or RRSPs just to get by, or we go into debt, hoping another good year is just around the corner."

Artists are among Ontario's lowest-paid workers, earing on average 37% less than the general Ontario workforce. (ACTRA Toronto's Press Release.)

Wendy Crewson speaks at the press conference for MPP Peter Tabuns' bill allowing
income averaging for artists (December 9, 2009.)

Artists' Rights Bill Succeeds at Second Reading

The private member's bill introduced by the NDP's Peter Tabuns passed a second reading in Ontario's legislature on April 23rd, 2009. Bill 165 proposes amending the Employment Standards Act to include artists, while protecting their status as independent contractors. If enacted, it would see artists obtain basic protections and benefits enjoyed by other workers in Ontario without losing their status as independent contractors.

Support for Bill 165 is a positive first step. But it's time for the Ontario government to fulfill the recommendations of its own report on the Status of the Artist. We ask that Premier McGuinty and the Minister of Labour meet with us and start making real progress on these recommendations.
— ACTRA Toronto President Heather Allin, ACTRA News Release

ACTRA Members Lobby Ontario Government for Artists' Rights


ACTRA Toronto members Art Hindle, Don Lamoureux, David Gale,
David Sparrow, Heather Allin, Steve Lucescu, Yannick Bison
and Taborah Johnson at Peter Tabuns' press conference.

The changes ACTRA seeks include the implementation of a collective bargaining process for the arts sector, the inclusion of artists under the Employment Standards Act and legislation to protect child performers. "Artist organizations need a collective bargaining process that reflects the nature of the way they work and are employed," said Wendy Crewson. "We are asking that artists be given this tool so they can negotiate a living wage."

"ACTRA and other artists' organizations have been calling for better employment rights for artists for years," said Gordon Pinsent. "Supporting creative industries takes more than bricks and mortar, it means supporting the creators as well. Passing these changes would be an important step towards that goal."

Members, supported by ACTRA Toronto President Heather Allin and staff, met with Government and Opposition Members of Provincial Parliament and their policy teams as well as holding a successful press conference at Queen's Park. (ACTRA's News Release.)

Ontario's Status of the Artist Legislation Gets Failing Grade

A long-awaited Status of Ontario's Artists Act was introduced at Queen's Park in March of 2007 as a three-page schedule atthe back of the budget bill.

photo
MPP Peter Tabuns and Wendy Crewson prepare to speak at a press
conference for a bill extending new rights to Ontario artists (2009).

"Status of the Artist" is a term describing a category of government legislation and programs which improve the economic and social status of professional artists. Unfortunately, an Act that ought to have been a triumph for artists in Ontario fell far short of what ACTRA and other artists had hoped for.

Despite years of work and consultation, all the new Act provides is a "Celebrate the Artist Weekend." ACTRA and other artists' organizations appeared before the Standing Committee of Finance and Economic affairs asking for amendments to the proposed Status of Ontario's Artists Act. ACTRA Toronto President Karl Pruner, along with Canadian stars Wendy Crewson, Sonja Smits and Tonya Lee Williams held a news conference asking for amendments including protections for child performers, income averaging, training, housing support and a process to improve the collective bargaining process for artists.

Unfortunately, amendments proposed by Michael Prue of the NDP were defeated by the Liberal members of the committee, while the Conservatives abstained. ACTRA's campaign to improve the economic and social status of professional arts will continue, although the term "Status of the Artist" may be less in use to avoid confusion with the current unsatisfactory legislation.

Status of the Artist Action

In May of 2006 ACTRA Toronto presented a brief to the Ontario government's Subcommittee on Status of the Artist as well as participating in a Lobby Day. The official debates on the Status of Ontario's Artists Act can be viewed in the Hansard transcript.

Background

ACTRA has a long history working for Status of the Artist laws in Canada . Our former General Secretary, Paul Siren, was a pioneer who helped draft the 1980 UNESCO Recommendation on Status of the Artist. He went on to co-chair the federal government's Task Force on Status of the Artist.

The Task Force's report, released in 1986 led to the passing of the federal Status of the Artist Act in 1992. ACTRA Toronto participated in Ontario government consultations in the 1990s.

At its 2004 Policy Conference on Status of the Artist, the Canadian Conference of the Arts provided a chronology of progress toward Status of the Artist legislation. "The need to recognize that artists have the same rights as other citizens, in the workplace and in society, has been the subject of discussion for at least 30 years in Canada, and has been debated for an even longer time in other countries around the world."