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ACTRA Updates

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Wed 12

Apprentice Caucus

December 12 @ 10:00 am - 12:00 pm

Performers’ Radius Map

 

(1)

Qualifying Productions and Procedures:

(1.1) Application deadline: All paperwork must be submitted at least one month prior to start date. Apply online and send in 1 complete hard (printed) copy of the appropriate documents listed on the Document Checklist. The TiP Coordinator will review your application package and will schedule an approval meeting to review your project shortly thereafter. The producer and the director must attend the meeting.
(1.2) Pre-approval required: Casting and principal photography may not begin until TiP approval is granted. Access to ACTRAonline.ca will be made available to Producers for casting purposes upon approval.
(1.3) Type of projects: Dramatic motion pictures of any length, genre or format qualify for TiP, subject to exclusions listed as ineligible productions below. All projects must shoot within ACTRA Toronto’s jurisdiction. Producers, directors, writers, performers and key crew must all be Canadian or landed immigrant, and resident in Canada.
(1.4) Cast & Auditions: The project must cast all its performers entirely from ACTRA Full, Apprentice or AABP members.
(1.5) CMPA membership: Producers must be members of the CMPA prior to when their application for the TiP Program is filed with ACTRA. Please be advised that the CMPA will not approve projects by companies who are not members in good standing of the Association.
(1.6) Mentor program: The producer will select a Mentor prior to their application being filed. Such mentor will be approved by ACTRA and the CMPA as part of the approval process.
(1.7) Screenings: Producers of feature motion pictures must commit to having at least 2 theatrical/festival screenings (one of which may include an online festival) prior to any television or other media exposure. Short motion pictures require at least one public or festival screening. All Distribution and Broadcast agreements must allow for an initial theatrical window.
(1.8) Canadian Content: The project must be eligible as a 10 out of 10 Canadian content project under the CAVCO scale and thereby also be eligible for federal tax credits. Short and Experimental motion pictures are excluded from having to apply to CAVCO, but must otherwise qualify under CAVCO. As per CAVCO, any Canadian feature motion picture Distribution Agreement must include an obligation to exhibit the production in Canada within two years of completion. Additionally, should any Incorporated company produce a short, documents of incorporation must be included as part of the application process.
(1.9) IPA applies: Upon becoming a signatory, all terms of the Independent Production Agreement (IPA) apply except as amended by these TiP guidelines, and as agreed by ACTRA and the CMPA with regard to this application.
(1.10) Canadian ownership: The Feature motion picture property must be owned and produced through a company incorporated in Canada under the laws of Canada or of a Canadian province or territory. All projects must adhere to standard legal, business, and accounting procedures. All feature motion pictures may, if requested, be required to have a final audit performed. Experimental and short motion pictures need only submit a final cost report.Refusal to supply audit results (if requested) or final cost reports will result in disqualification from TiP and will require contracting at the appropriate IPA conditions.
(1.11) Security agreement: A standard executed Security Agreement as per Appendix 7 a and b of the IPA is required.
(1.12) Arrangements to collect residuals: Since every project is unique we suggest that you review the ACTRA Performers’ Rights Society’s procedures sheet and contact them should you require information on the specifics of your distribution arrangements.
(1.13) Insurance: Your project must be budgeted to secure liability and accident insurance covering cast and crew for the shoot and show proof of coverage prior to shooting.

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(2)

Ineligible Productions

ACTRA and the CMPA reserve the right to decline or to revoke approval for any projects for any reason. Examples of projects that will not be approved, or that will have their approval revoked, include but are not limited to the following:
(2.1) Excluded projects: All Industrials, Corporate Videos, documentaries, dubbing, animation, pilots, TV Series, Television Movies of the Week, Web Series, Music Videos, Video/Interactive Games and Commercials are not eligible.
(2.2) Minors: Projects that depend on the extensive involvement of minors will be carefully examined for viability and will be excluded unless the resources and planning for the proper care and treatment of the young performers can be demonstrated.
(2.3) Revised scope: TiP projects which in the course of production or completion increase the scope of their budget or alter the nature of their production (e.g. TV movie) must disclose such changes to ACTRA Toronto. The TiP status of such a production may be amended or withdrawn at the discretion of ACTRA Toronto or the CMPA.
(2.4) Unfair advantage; misrepresentation: A production which is found to be taking unfair advantage of TiP rates through misrepresentation or falsification of budget will immediately become subject to the rates and conditions of the IPA.
(2.5) Other exclusions: The Producer(s) and its principals and their related companies cannot apply to TiP if they are (A) currently in default with ACTRA, or (B) have been declared an Unfair Engager, or (C) have been previously found to be undermining TiP, or (D) are not members in good standing of the CMPA.

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(3)

Rates:

Please note that as a result of recent legislative changes, effective January 1st, 2018, the minimum hourly rate in the province of Ontario will be $14.00 per hour. ACTRA Toronto has adjusted the TiP rates accordingly so no performer will be earning less than the equivalent of Ontario’s new minimum wage.

Class I Production: Total budget of $275,000 to $350,000

Principal $400.00
Actor $340.00
Background $185.00

Class II Production: Total budget of
$150,000 to $275,000

Principal $312.00
Actor $242.00
Background $162.00

Class III Production: Total budget of less than $ 150,000.

Principal $212.00
Actor $182.00
Background $132.00

Class IV Production: Total budget of less than $ 50,000 (see note below)*

Principal $162.00
Actor $132.00
Background $112.00

 

*Total budget of less than $ 50,000 for motion pictures (under 15 minutes) only. Travel outside of production zone NOT permitted. For Productions shooting outside of the 40km zone, if all Performers are local, the Production may be considered for Class IV status. Please confirm with ACTRA in advance. If travel outside of the zone is required, the Production will be considered a Class III.

ADR rate:ADR is to be paid at 50% of the contracted daily rate with a maximum 4 hours of work time. The (contracted) daily fee applies after four hours to a maximum of eight hours.

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(4)

Working conditions:

The Producer agrees to follow and post in a conspicuous place the Canadian Creative Industries Code of Conduct to Prevent and Respond to Harassment, Discrimination, Bullying and Violence. In addition, all Performer Working Conditions are as per the IPA with the following clarifications:
(4.1) Workday:The workday for Performers shall be eight (8) consecutive hours, exclusive of time for meal breaks. Meal breaks as per the IPA. No work shall be permitted in excess of twelve (12) hours, exclusive of time for meal break, within any 24-hour period.
(4.2) Overtime: If the Performer is requested or required to work beyond eight (8) consecutive hours, the Producer shall pay the Performer for each hour, in 1/4 hour increments, an amount equal to time and one-half of the Performer’s payment for the day at the pro-rata hourly rate.
(4.3) Meals: All Performers will be provided the same meals as the crew.
(4.4) Travel: Travel beyond the 40km radius of the production zone to be paid at the contracted overtime rate.

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(5)

Additional Budgetary Obligations:

(5.1) Benefits: Benefits and fringes of 12.5% should be allocated in the budget for all gross amounts paid to performers. The percentage includes 12% for Insurance and Retirement and 0.5 % for the ACTRA Performers’ Right Society.
(5.2) Fees: Administration fees payable to ACTRA and the CMPA are as follows:
Class I Productions – $500.00
Class II Productions – $500.00
Class III Productions – $350.00
Class IV Productions – $250.00
(5.3) Security for Payments Due During Production: No later than five (5) business days before any work is scheduled to begin for the Performers, a payroll security deposit (Security Bond) is required. The deposit will be held in trust.For projects whose shooting schedule is longer than two weeks and for ALL feature motion pictures, a two-week payroll security deposit is required. ACTRA Toronto will release 50% of the deposit for the last two weeks payroll. The remaining 50% will be released upon proof of payment of last payroll and receipt of all paperwork.

Shooting schedules less than two weeks require no less than 50% of the budgeted payroll and will be refunded provided ALL paperwork is completed OR, with permission from ACTRA, projects may arrange to prepay performers for scheduled days and post a security deposit in the accumulated sum of projected overtime fees, administration fees, Performers Rights fees and any other applicable fees as determined by the Business Representative. When permitted by ACTRA, the Producer will be able to provide other forms of security for payments due during production.

(5.4) Budget report: Within four (4) weeks of completion of principal photography, the Producer shall submit to ACTRA a detailed report of actual expenditures and other relevant materials ACTRA may require showing actual cost of the production to date. In the event the actual production costs exceed the limits stated for the categories above, the Producer shall pay the Performers or to ACTRA for the benefit of the Performers, any additional sums necessary to bring the compensation of the Performers into the defined class of production.

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(6)

Revenue Participation and Distribution

(6.1) A basic use fee is included in the base fees: The basic fees outlined in part (3) above paid to performers during production include payment for a “Declared Use of the Production” of Theatrical worldwide for one (1) year from the first theatrical use.
(6.2) Residuals: Class I All other media use after one year (world theatrical, pay TV, basic cable, free TV, digital media and ancillary revenue) are accounted for by payment of a use fee of 5% of Distributors Gross Revenue (DGR) for all motion pictures. DGR is defined in Article B509 of the IPA.

Class II, III & IV

All other media use after one year (world theatrical, pay TV, basic cable, free TV, digital media and ancillary revenue) are accounted for by payment of a use fee of 5% of Distributors Gross Revenue (DGR) for feature motion pictures and 3.6% of DGR for all other motion pictures. DGR is defined in Article B509 of the IPA. Please note that all ancillary sales in advance (eg. BravoFact licensing, Harold Greenberg funding) are subject to the immediate payment of the percentages listed above.

(6.3) Where paid: The use fee is paid directly to the ACTRA Performers’ Rights Society who administers the collection and disbursement of all DGR payable in accordance with the unit calculations defined in the IPA. Please refer to the ACTRA Performers’ Rights Society’s procedure sheet (or Article B509 of the IPA) for the full definition of Distributors’ Gross Revenue.

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(7)

Casting

(7.1) Script: Lead and support roles require performers to have access to a full script before signing a contract.
(7.2) Stunts: A qualified ACTRA Stunt Coordinator is required for all scenes that include stunts. The ACTRA Stunt Coordinators registry will be made available upon request.
(7.3) Copy of product: Principal Performers and Actors shall be provided with an electronic copy of their performance (to a maximum of fifteen minutes or the motion picture in its entirety) on digital media within 60 days of the production of the final master transfer of the completed film. A clause guaranteeing this must appear in all Performer contracts.

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(8)

Rehearsals

(8.1) Rehearsal time: Performers, with prior approval, may participate in one (1) rehearsal day at half the contracted Daily Rate, to a maximum of four (4) hours. Additional rehearsal days are to be paid at the contracted daily rate. Rehearsal days are limited to 8 hours per day.
The preliminary/proposed rehearsal schedule must be clearly delineated to the performer on the casting notice, along with TiP status and the Daily Rate.

 

(9)

Other issues

(9.1) Verification: ACTRA Toronto reserves the right to contact all other industry partners and/or grant organizations and/or financial institutions to corroborate details of the production package. This may include proof of finances or credit.
(9.2) The IPA: Copies of the IPA are available online. The Producer is expected to review this agreement and have a thorough understanding of its terms and conditions.
(9.3) Credit: All TiP projects must have a tail credit showing the ACTRA Toronto and CMPA logos and stating, “Made with the Generous Support of ACTRA Toronto and the CMPA”. Logos will be provided by ACTRA Toronto and the CMPA in electronic format. In addition, the ACTRA Toronto TiP logo must appear on all print and digital promotional materials.
(9.4)

Changes to these guidelines: ACTRA Toronto reserves the right to modify or revoke these guidelines at any time without notice.

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