Thank you, Mr. Pelletier.
Members of the committee, thank you for giving me this opportunity to express our recommendations for possible measures or amendments to the Status of the Artist Act. My name is Mylène Cyr, and I am the executive director of the ARRQ.
While ARRQ has only negotiated one framework agreement under the federal Status of the Artist Act, or SAA, we believe that some amendments to it could greatly improve its effectiveness. Our first negotiation with the National Film Board spanned almost five years and involved 59 negotiation sessions. Fortunately, we finally got a framework agreement.
With regard to the arbitration mechanism, negotiating a first collective agreement is often a very arduous process. It is particularly difficult for directors, who find themselves performing this function alone on a set. We understand that a balance of power is difficult to establish. Thus, to facilitate the establishment of a first agreement, the Act respecting the professional status of artists in the visual arts, crafts and literature and their contracts with promoters, namely Quebec's law S‑32.01, provides for the possibility of holding an arbitration of disputes for the first collective agreement at the request of one of the parties.
This very important mechanism does not exist in the SAA, which is limited to offering the intervention of a mediator to help the parties reach a framework agreement. This remains insufficient. In the event of an impasse, the mediator obviously has no power to impose a framework agreement. Moreover, an impasse can arise even if both parties fulfil their obligation to negotiate in good faith.
We are also of the opinion that recourse to arbitration upon renewal of a framework agreement should also be available upon request of one of the parties, but under certain conditions. This is to avoid lengthy negotiations that penalize those whom the act is supposed to protect. In addition, the parties could request arbitration after a certain period of time has elapsed since the start of negotiations, thus allowing the parties to really negotiate and not unduly block the process from the start. Provision should also be made for the parties to be able to refer to arbitration only those matters that have not been agreed, thus avoiding the need to review all terms before an arbitrator.
With respect to government financial support for producers, there are few directors currently covered by federal legislation. For example, CBC/Radio-Canada, which used to hire male and female directors for its in‑house productions, now uses the services of independent producers. Minimum working conditions may be required through negotiated agreements with these producers.
Currently, a producer can receive government funding without any obligation to guarantee artists that they will provide minimum working conditions. These artists hired for government-funded productions have no social safety net. The pandemic has shown us how important it is to reflect on this situation.
The ARRQ believes that the federal government must take the necessary steps to ensure that producers who receive government funding guarantee minimum working conditions. This could be done by making it a condition of funding that minimum working conditions be established, for example, by reference to an existing framework agreement, and by requiring accountability in this regard.
With respect to the scope of the definition of artist, section 6(2)(b)(i) of the SAA defines artists covered by the act as professional independent contractors as follows:
6(2)(b)(i) are authors of artistic, dramatic, literary or musical works within the meaning of the Copyright Act, or directors responsible for [...] audiovisual works,
This section uses concepts from the Copyright Act for artistic, dramatic or other works, but appears to make a distinction in the case of directors. In our view, this creates confusion as to whether directors are authors. However, practice and jurisprudence recognize that directors are indeed authors within the meaning of the act. This distinction therefore creates ambiguity and unduly complicates the determination of whether a person is an artist.
The ARRQ therefore suggests that the definition of artist be amended to be more in line with the definition used in Quebec's Act respecting the professional status and conditions of engagement of performing, recording and film artists, Bill S‑32.1, namely:
[...] a natural person who practises an art on his own account and offers his services, for remuneration, as a creator or performer [...]
We thank you for your interest, and we are available to answer any questions you may have.
Thank you.