The IPA, COVID-19, Cancellations and Postponements
The IPA includes the following provisions for postponements and rescheduling of days. As we respond to the COVID-19 pandemic, ACTRA Toronto is dealing with productions on a case-by-case basis. Check the relevant IPA provisions and speak with your Agent and ACTRA if you have questions.
A1901 Force Majeure
If production is frustrated or interrupted by reason of any cause beyond the reasonable control of the Producer, such as but not limited to war, fire, hurricane, flood, or governmental regulation or order in a national emergency, then the Producer may either cancel production (in which event the Producer shall pay to the Performer monies accrued to the date of such cancellation) or make such other arrangements with the Performer by way of postponement and the like, as may be practicable to fulfil the engagement.
Plain language re: COVID-19 – A1901 Force Majeure
With any government restriction on travel, mass gatherings or locations being lost due to governmental regulations due to COVID-19, the Producer may choose to either cancel the Production in its entirety with no additional payments owing or they may choose to put the Production on hiatus, or on hold and reschedule to another date.
A1906 Change in Scheduled Days
If for any reason, other than weather, the Producer changes a Performer’s Booking or engagement to another day, the following conditions apply:
- If the notice of change is given to the Performer less than twenty-four (24) hours before the hour scheduled for work to commence, the Performer shall be paid in full the Contracted Fee for the original day.
- If the notice of change is given to the Performer less than thirty- six (36) hours before the hour scheduled for work to commence, the Performer shall be paid fifty percent (50%) of the Contracted Fee for the original day.
- If thirty-six (36) or more hours’ notice has been given, no payment to the Performer shall be required for the original day.
If such change in scheduled day conflicts with any other confirmed engagement, then the Performer shall be compensated in full for the engagement that the Performer is unable to fulfil. For the purpose of this clause, where the Call time of the Performer has not been specified, it shall be considered to be 10h00, except when it has been designated as a night shoot, in which case the Call shall be considered to be 19h00.
Plain language re: COVID-19 – A1906 Change in Scheduled Days
If Force Majeure does not apply and the Producer wishes to postpone production they may change the scheduled day(s) for a Performer based on the following:
- Less than 24 hours notice from the Producer in advance of the Performers scheduled call time – full contracted fee for the day is owed
- Less than 36 hours but more than 24 hours notice from the Producer in advance of the Performers scheduled call time – 50% of full contracted fee for the day is owed
- More than 36 hours notice from the Producer in advance of the Performers scheduled call time – no payment is owing
When the Producer changes the scheduled day(s), they must provide a new date immediately in order for this clause to apply. If that new date conflicts with a prior confirmed booking, then the Performer is owed the full fee for the day the Performer is unable to satisfy.