CCA Bulletin 17/07

Ottawa, Thursday April 12, 2007

Ontario Inches Towards Status of the Artist Policies as the CCA publishes a national “Status of Status” review

Just the Facts

After over a decade of promises by three consecutive governments, the provincial government of Ontario has made some very modest proposals to address status of the artist issues in the province, joining Québec and Saskatchewan as the third provincial government to address status of the artist issues in legislation or policy

Bill 187, An Act respecting budget measures, interim appropriations and other matters, includes a proposal for the Status of Ontario’s Artists Act, 2007.  The purpose of the Act is to “recognize that artists make contributions to Ontario’s economy and quality of life.”  The Ontario government proposes to designate the first weekend in June as “Celebrate Artists Weekend”, and undertakes to consider other moves to improve the socio-economic status of professional artists in Ontario such as implement marketing strategies, facilitate training programs, promote health and safety, etc, “as far as it considers it reasonable and appropriate to do so”.

Quite obviously, what  the Ontario “initiative” does not address are the substantive issues such as collective bargaining for self-employed artists, access to social benefits, tax treatment of grants or other measures that could improve the fundamental socio-economic conditions of professional artists, creators and arts professionals.

Not surprisingly, arts organizations have denounced the proposed status of the artist measures included in Bill 187 as inadequate and half-hearted. The disappointment is particularly strong given the many consultations that the government of Ontario has undertaken on this issue over the years.

The Ontario government has so far implemented only one, although an important one, of the 23 recommendations made by the Minister’s Advisory Council for Arts and Culture Advisory Council appointed in June 2004. In its recent provincial budget, the government of Ontario did increase the budget of the Ontario Arts Council by $ 15 million over the next three years. This brings the annual budget of the Ontario Arts Council from $ 40 million to $ 55 million by 2009-10. This increase was welcomed by many organizations in Ontario’s arts and culture sector.

As the majority of professional artists, creators and arts professionals work in areas of provincial labour jurisdiction, it is important that provincial governments adopt legislation similar to that of the federal government. The past 27 years have demonstrated beyond any doubt that for the vast majority of self-employed artists, there will be no progress without the tenacious insistence of the arts and culture sector with provincial governments.

The CCA has commissioned to Neil Craig Associates a comprehensive overview of status of the artist measures by provincial governments in Canada, The Status of Status, which it is publishing today. Apart from analyzing the current provincial scene, this review gives the background to status of artist policy issues and also reviews the latest developments at the federal level.

Tell Me More

In 1980 Canada became a signatory to the UNESCO Belgrade Recommendation Concerning the Status of the Artist. The Recommendation includes a wide array of measures deemed to be central to improving the socio-economic status of artists in societies around the world.

In 1992 Canada became the first signatory to the Belgrade Recommendations to adopt legislation addressing labour relations for self-employed professional artists. Prior to this legislation, collective bargaining by self-employed individuals was a violation of labour law and the Competition Act. Under the provisions of the latter, collective bargaining by self-employed individuals was regarded as a conspiracy to control market forces, a crime punishable by economic and penal sanctions.

In Canada, legislative responsibilities for the labour market are divided between the federal and provincial governments. The federal government has clearly defined areas of exclusive jurisdiction namely, broadcasting and telecommunications, transportation, banking and international trade.

The federal legislation pertains only when professional artists are engaged by producers in these areas of the labour market or federal institutions such as the National Arts Centre, and other government departments and agencies. The legislation empowers cultural labour organizations such as ACTRA, Canadian Actor’s Equity and Union des artistes, to negotiate salary scales and working conditions for members engaged by producers in the areas of federal jurisdiction.

The majority of artists, creators and arts professionals working in theatres, orchestras, dance companies, etc. fall under provincial labour jurisdiction which is why it is important for all provincial governments to follow the federal example with legislation empowering cultural labour organizations to negotiate within the law on behalf of self-employed artists, creators and arts professionals.

Artists, creators and arts professionals who are employees have always enjoyed the right to collective bargaining, but in the cultural labour force self-employment is most dominant.

What Can I Do?