|
RE-BUDGET SUBMISSION TO THE STANDING
COMMITTEE ON FINANCE
September
2002
CREATIVITY
IS THE DRIVING FORCE OF ECONOMIC GROWTH
The
Canadian Conference of the Arts is grateful to the Standing
Committee on Finance for an opportunity to submit a brief
on behalf of our members. Founded in 1945, the CCA has
developed over the intervening decades into a strong and coherent
voice for the Canadian cultural community, representing approximately
250,000 artists and cultural workers across the country.
This
year, 2002, the federal government is carrying out a major
review of the Status of the Artist legislation which received
Royal Assent in June 1992. Under Status of the Artist,
the Government of Canada recognizes:
. the importance of the contribution of artists to the
cultural, social, economic and political enrichment of Canada;
. the importance to Canadian society of conferring on
artists a status that reflects their primary role in developing
and enriching Canada's artistic and cultural life, and in
sustaining Canada's quality of life;
. the role of the artist, in particular to express the
diverse nature of the Canadian way of life and the individual
and collective aspirations of Canadians;
. that artistic creativity is the engine for the growth
and prosperity of dynamic cultural industries in Canada; and
. the importance to artists that they be compensated
for the use of their works, including the public lending of
them.
This
legislation was a long time coming. As early as 1951,
the Royal Commission on National Development in the Arts,
Letters, and Sciences (the Massey-Lévesque Commission
report) stated that "One measure of the degree of civilization
attained by a nation might fairly be the extent to which the
nation's creative artists are supported, encouraged and esteemed
by a nation as a whole". In 1980, Canada signed the
UNESCO recommendation on the status of the artist (the Belgrade
Recommendation), urging signatory states to adopt a broad
range of policy development, including funding, training,
professional status for artists and access to social programs.
The Applebaum-Hébert Report of the Federal Cultural
Policy Review Committee concluded, in 1982, that in 30 years,
despite their overwhelming contribution to Canadian life,
artists' living conditions remain virtually unchanged: "The
income of many, if not most, of these artists classifies them
as highly-specialized, working poor".
It
is a sad commentary that, a further two decades along, life
for many of Canada's artists remains difficult despite proposals
for constructive changes from ourselves and many other organizations
and individuals. There is still much to do before the
broader objectives set out in the Status of the Artist legislation
come close to achieving equity under the law for Canadian
artists. In this brief, the CCA , speaking on behalf
of Canada 's arts community also wishes to address the crucial
role of federal government in supporting the overall sustainability
of the cultural sector.
HOW
CAN CANADA BEST ASSURE GREATER LEVELS OF ECONOMIC PROSPERITY
WIDELY SHARED BY ALL CANADIANS?
There is nothing more basic, more intrinsic to human life,
than the culture of a people. Art has been used as a
primary means of communication since the time people first
walked the earth and, consequently, is the primary legacy
we bestow on future generations.
What
we most remember are the glories of each era's art.
A few tiny ivory artefacts depicting birds, fish, and animals
remain as mute testimony to an extinct people who inhabited
the Arctic region of Canada thousands of years ago.
Prior to the written word, Canada 's aboriginal peoples used
storytelling and visual arts and cr af ts as a means of passing
on their rich cultural heritage and traditions, myths and
legends.
In
the same way, the awesome cave paintings of Lascaux, the treasures
of Tutankamun, the frescoes of Santorini, and the ancient
structures at Angkor Wat or Machu Picchu all form part of
our collective heritage, and we are the richer for them.
Today Canadians celebrate internationally renowned artists
of the calibre of Karen Kain, Paul Gross, Colm Feore, Frank
Gehry, Jane Urquhart, Janet Cardiff, Luc Plamondon, Atom Egoyan,
Menaka Thakkar, John Kimura Parker, Zacharias Kunuk,
Denis Arcand, and Alexina Louie - the list goes on and on.
As a nation, we are delighted to acknowledge and celebrate
these people once they have "made it", to claim them as Canadian,
but we seem reluctant to do much to recognize and support
them while they are emerging and developing as artists.
Culture
and the arts are a basic, over-exploited but under-funded
resource. To quote from an impassioned speech made by
Nova Scotian playwright and actor, Carol Sinclair as the provincial
government moved to close down its arms-length arts council:
"[Culture] is cleaner than coal, less prone to obsolescence
than steel plants, less expensive to extract than offshore
oil and gas, and less of a gamble than hydroelectric power.
And it is a renewable resource.... Talent is the only
resource that enhances the value of other resources."
Income
Averaging
Canada 's professional artists, as primary creators,
are at the very heart of all our cultural and artistic activity.
These immensely gifted and talented people work tirelessly
to perfect their cr af t - be they musicians, dancers, visual
artists, actors, writers, singers or professionals in any
other arts discipline. The table below tells a sad story
regarding the meagre incomes they realise from their creative
work, which usually have to be supplemented by other, non-cultural
work.
Average
Employment Income of Artists and other Occupations
Occupation
|
|
Average
income (working full-year, full-time) |
Writers*
|
|
$40,438
|
Musicians
and Singers |
|
$23,694
|
Dancers
|
|
$25,145
|
Actors
|
|
$31,836
|
Visual
artists |
|
$18,188
|
Artisans
and cr af tspersons |
|
$16,943
|
Kitchen
and food service helpers |
|
$18,799
|
Hairstylists
and barbers |
|
$18,292
|
General
farm workers |
|
$17,756
|
Ironing,
pressing and finishing occupations |
|
$17,322
|
|
|
|
NHL
player |
|
$1,200,000
(US)** |
Major
League Baseball player |
|
$1,250,000
(US) |
NBA
player |
|
$2,600,000
(US) |
|
|
|
Total
Labour Force |
|
$37,556 |
*It
should be noted that The Writers' Union of Canada's 1998 survey
of writers reported an average net professional income as
only $11,480 (total income minus deductible expenses).
** The Mills report went on to say that these salaries could
be expected to double over the next four years, ie: by 2002.
Most
Canadians feel ashamed, when confronted with these statistics,
to learn that our country serves its arts workforce so poorly.
It should be noted, moreover, that very few artists work full-year,
full-time in their chosen professions as projected in the
census figures shown. (In addition, many artists practising
non-Western art forms are frequently not captured in government
statistics at all.) Most professional artists and creators
are primarily self-employed, with incomes that are unpredictable
and which usually fluctuate dramatically from year to year.
Artists
can, and usually do, spend a lifetime lurching from
financial crisis to financial crisis:
"In the acting profession we occasionally experience
a so-called 'good year' with above average income only
to have the next year be a considerably below average
one in which we must pay for the 'good year' in the
lean year; this can and does cause great hardship."
Daphne Goldrick, actor |
[We would point out here that such low incomes are not restricted
to artists and creators in the cultural community. A
study currently underway at the CCA indicates that cultural
managers also suffer from low salaries, poor - if any - benefits,
and overwork. Attracting a new generation of managers
into the cultural community is becoming a serious problem.
As most are not self-employed, their plight is not one which
is addressed directly in this brief but it is a situation
endemic to the cultural community and one which we are anxious
to resolve. The CCA and its partners are undertaking
a study of the compensation levels of arts managers, which
will form part of our pre-Budget submission in the next budget
round. ]
Self-employment
is not confined to the cultural sector; it also "accounted
for half of all the new jobs created in Canada since 1989".
Contrary to public belief, self-employment does not confer
automatic perks on those individuals who practise it.
Yes, various reasonable expenses can be claimed against income
earned, but the long hours, low pay, lack of job security,
benefits, or pensions, make it an act of courage to join the
arts workforce and there are few opportunities for professional
development.
Obviously,
a request for a considerable increase to the budget of the
Canada Council for the Arts could partially resolve this issue
(see Recommendation 5). However, subsidy is only one
of the essential tools of cultural policy: tax regulation
is another. Given the large and ever-increasing numbers
of self-employed in Canadian society, the CCA would like to
suggest a regulatory solution: a return to income back
averaging for all self-employed individuals in this country
. To quote from Price Waterhouse Coopers' Canadian
Tax News: "In any progressive system of income taxation, fairness
would seem to dictate that there should be some form of income
averaging.... There are many other sources of income that
may be received sporadically (authors or artists come to mind)
and it seems unfair that a large income in one year (that
may have been many years in the making) should fall prey to
high marginal rates without some relief. Various forms
of income averaging have been tried over the years and then
discarded, presumably because of administrative difficulties.
But the answer is not to say that income-averaging is too
hard to administer. Rather, the challenge is to develop
a system that is administratively feasible."
Penny
Dickens, retiring af ter almost 20 years as Director
of the Writers Union of Canada spoke about her biggest
regret: "Being stymied in our attempts to correct unfair
taxation of writers. When a writer takes three to five
years to write a book and the publisher's advance is
taxed as if it is income for one year's work, that is
unconscionable."
( Quill & Quire , August
2002) |
Long-serving members of the Standing Committee on Finance
will recognize this theme of income averaging as one which
the CCA has been developing for the past several years.
And we are not the only ones. Since 1981, when income
averaging was repealed, cogent arguments have emerged from
several sectors of the economy urging the reintroduction of
this mechanism. Many reports deal specifically with
the situation of artists, like the 1987 guide to proposed
changes in the tax treatment of artists compiled by the Canada
Council. It listed five separate government task forces
and special committee reports. On the issue of income
averaging for artists, they appear to have been unanimous:
"We
recommend that the Income Tax Act be amended to allow an artist
whose chief source of income involves artistic endeavours
to elect to average income in five-year blocks."
(The Canadian Artist and the Income Tax Act, February 1984,
5.0)
"That
the government develop an averaging system for taxpayers with
fluctuating incomes that will be available for those whose
marginal rate of tax is below the maximum. This system
should not involve an initial increase in cash payable."
Report of the Sub-Committee on the Taxation of Visual
and Performing Artists (Fisher), June 1984, 26.
"Artists
should be allowed to average their incomes on a five-year
basis for income tax purposes."
Funding of the Arts in Canada to the year 2000: The report
of the Task Force on the
Funding of the Arts (Bovey), June 1986, 58a).
"We
recommend that the Income Tax Act be amended to permit the
artist to average that part of his or her income which is
derived from artistic work over a period of five (5) years,
as is now provided for specific occupational categories within
the Act."
The Status of the Artist - Report of the Task Force
(Siren/Gélinas), August 1986, 5.
"That
the Income Tax Act be amended to extend to professional artists
the right to use block averaging and the modified accrual
basis of accounting as is currently given to farmers and fishermen."
Taxation of Artists and the Arts (Standing Committee
on
Communications and Culture), January 1987, 4.
A
report prepared by consultant E Jane Condon in June 1993,
stated that there were seven principal recommendations which
appear repeatedly in reports on fiscal issues and the arts
from 1986 on, one of which is "That some
form of income stabilization or averaging for artists be established".
In
June 1997, in Paris , a conference held by UNESCO reported
that "... Income averaging for artists
over several years is practised in several countries ( Germany
, Denmark , the Netherlands , Greece , France , the United
Kingdom , and Luxembourg )...".
In
December 1997, a report prepared for the Department of Canadian
Heritage by Price Waterhouse stated: "The
Department of Canadian Heritage was aware that income averaging
had been eliminated and recognized that some individuals were
still exposed to the tax inequity related to fluctuating income.
Canadian Heritage therefore suggested to the Department of
Finance that income averaging be considered as an option for
tax reform. Finance's response indicated that more analysis
may be required, and that they were looking at certain averaging
provisions...." As this report points out, "it is not
just self-employed artists, but all self-employed individuals,
who are exposed to greater income volatility as compared to
individuals who are employed. In addition ... the self-employed
do not have the same access to the social s af ety
net, such as Employment Insurance. This additional economic
vulnerability further supports some measure to improve the
fairness of the tax system for the self-employed".
The
Standing Committee on Finance itself has recommended income
averaging; in its 1999 report it stated: "The
Committee therefore continues [ CCA emphasis] to recommend
that the government consider the introduction of income averaging
for those forms of income that fluctuate substantially from
year to year".
The
CCA wonders how much more analysis the Department of Finance
requires; it is hoped that with a new minister at the helm,
the Department will look more favourably on the issue.
Direct requests to the Department of Finance have been met
with the repeated answer that fewer tax brackets and lower
marginal tax rates make income averaging virtually unnecessary.
Departmental officials have stated that if only artists would
stock up their RRSPs in fat years, they would manage to get
through the lean ones with ease. This indicates a profound
misunderstanding of the issues, namely:
. The low incomes experienced by most artists severely
limit their ability to contribute to RRSPs at all.
. Artists who spend years in the creation process, and
finally enjoy some financial rewards at the end, "cannot
make a substantial RRSP contribution in the high income year
because maximum allowable RRSP contributions are based on
the previous year's earned income".
. In that third year, the artist would be required
to pay tax at a considerably higher rate, "leaving
less disposable income to be invested in an RRSP in the subsequent,
lower income, year when the maximum allowable contribution
will be higher".
A
lose/lose situation all around.
The
CCA respectfully submits the following recommendation for
the Standing Committee's consideration:
Recommendation
1:
That the government of Canada, through the Department
of Finance, institute without delay a system of income
back averaging on a 5 year basis, to address the unique
needs of the growing numbers of self-employed individuals
in Canada, both within the cultural sector and in other
sectors of the economy. |
Employer/employee vs. contractor relationships
This year the Canada Customs and Revenue Agency (CCRA) is
examining what constitutes an employer-employee relationship
between performing arts companies and the artists they engage.
However, the four tests set out by CCRA are poorly suited
to the peculiarities of self-employment in the cultural sector.
For example, orchestral musicians might have to pay in the
tens of thousands of dollars for their "tools" in
order to make a very modest living; orchestras do not, with
few exceptions (percussion), pay for musicians' instruments.
There are few other employment relationships that require
the employee to make such an investment in order to belong
to the organization. Artists are required to spend much
unpaid and unsupervised time keeping up their cr af t (ie:
hours of daily practising or rehearsing for musicians, exercise
and stretching for dancers, voice and body exercises for actors)
in order to be always ready to secure work in the arts.
They act as contractors partly because most need to secure
work from numerous engagers to make ends meet.
At
the present time, several national arts service organizations
(including the Canadian Conference of the Arts) are involved
in discussions with CCRA regarding self-employment status
as it applies to artists, particularly those who contract
their services to performing arts companies. All are
attempting to resolve the ambiguities which exist without
negative impact on the community (companies being deemed to
be employers and thus being required to contribute significant
back contributions for EIC and CPP, or artists losing their
right to collective bargaining). The danger here is
that a change of status from self-employed to employer/employee
could seriously jeopardize both artists and arts organizations
in the performing arts sector - a sector that is already impoverished
and facing severe financial and human resources problems.
While we are aware that the government of Canada does not
intend to bankrupt its performing arts sector, the financial
burden imposed by the contemplated change could be disastrous
for some arts organizations. Discussions with CCRA are
ongoing and we are hopeful that a mutually acceptable settlement
can be reached. This is, however, an indication of how
government policy as it relates to self-employment issues
may be equal but not necessarily equitable.
We
remain hopeful that the various government departments can
work together to resolve the current ambiguities inherent
in the legislation without undue negative impact to those
in the cultural community.
A
further concern is the lack of any sort of social s af ety
net for self-employed individuals.
Subsequent to a presentation made in March 2001 before another
parliamentary Standing Committee, this one on Human Resources
Development, two recommendations based on the CCA 's arguments
were included in the final report:
"Recommendation 8:
In view of the growing incidence of self-employment
in the Canadian labour market, the Committee recommends that
the government consider developing a framework for extending
EI coverage, both in terms of regular and special benefits,
to self-employed workers."
"Recommendation
9:
The Committee recommends that the government consider extending
better EI coverage to workers employed in both paid and self-employment.
In the event that the government does not extend coverage
to self-employed workers, a premium refund should be provided
to those who work in insurable employment but are unable to
establish a claim because they are also self-employed."
The
government's response to these recommendations was:
"EI coverage for the self-employed through
regular benefits has always presented a policy challenge....
No less challenging is the diversity among the self-employed....
The Government would welcome further study by the Standing
Committee on support to the self-employed."
In
other words, the Department of Human Resources Development
hit the ball back into the Standing Committee's court.
Yet another parliamentary Committee, that on Canadian Heritage,
has also commented on this issue in the recent past.
In its report entitled A Sense of Place
- A Sense of Being , it stated:
"The Canadian system of health insurance,
unemployment insurance, labour law and pension programs is
based largely on the assumption that most of the work force
is made up of employees rather than self-employed persons
.... The Committee therefore considers the clarification
of the rights and obligations of the self-employed to be of
central importance."
While
we realize the pre-Budget hearings of the Standing Committee
on Finance are not necessarily the best place to bring up
such an issue, CCA is hopeful that some pressure from another
quarter might break the logjam and provide a strong indication
that the issue of self-employment and how best to address
it in a fair and equitable manner, is one which needs serious
and immediate examination.
Recommendation
2:
That the Department of Finance take the lead in directing
a full and comprehensive study into self-employment
in today's Canadian labour market, examining mandatory
versus voluntary coverage, international experience,
and public and private sector models, with particular
emphasis on developing a framework for extending EI
coverage to self-employed workers. |
Tax Exemption on Artistic Income
A further measure which would provide some tax relief for
Canada's beleaguered artists would be an annual income tax
exemption on artistic income. Without our artists and
creators, where would Canada be? Most Canadians are
more aware of the cultural industries which have built up
over the past years: music and sound recording, book and periodical
publishing, broadcasting, films and videos. But surprisingly
few remember that all these mega industries, with their multi-million
dollar budgets, turn on the creative talents of individual
artists: the writers, composers, painters and sculptors, choreographers
and performers. The ability of our cultural industries
"to create an enduring place in our lives
is dependent on the creativity and talent of Canada's artists,
creators and producers...". By the very nature
of their work, "... the largest subsidy
to the cultural life of Canada comes not from governments,
corporations or other patrons, but from the artists themselves,
through their unpaid or underpaid labour" .
As
a first step, the CCA would recommend the introduction of
an annual income tax exemption on copyright income only, as
currently exists in the province of Quebec. This was
initially proposed in a Private Members' Bill a couple of
years ago. In Quebec, artists and creators were originally
entitled to an annual income tax exemption on copyright income
on a sliding scale up to $30,000; the upper limit has now
been raised to $60,000.
Recommendation
3:
That the government of Canada give serious consideration
to supporting Canada's professional artists and creators,
the cornerstone of Canada's cultural industries and
institutions, by exempting up to $60,000 of annual copyright
income. |
Recommendation
4:
That, following the implementation of the above-mentioned
tax exemption on copyright income, the government of
Canada give serious consideration to extending such
an exemption to apply to up to $60,000 per annum of
all artistic income. |
HOW
CAN THE GOV ERN MENT ENSURE THE HIGHEST
QUALITY OF LIFE FOR ALL?
Canada's cultural community is a major contributor to and
participant in ensuring our quality of life remains at a high
standard. As mentioned at the outset of this brief,
this is clearly stated in the Status of the Artist legislation.
"The
importance to Canadian society of conferring on artists
a status that reflects their primary role in developing
and enriching Canada's artistic and cultural life, and
in sustaining Canada's quality of life."
Status of the Artist legislation, June 1992 |
Our
lives would be bleak indeed without the constant joy and intellectual
stimulation we derive from cultural products and activities.
And the arts af fect us and our communities in other ways
as well: use of arts-infused learning techniques in the education
system stimulates learning; hospitals use the arts to comfort
the ill and engage the elderly and young; the preservation
of our cultural built heritage revitalizes declining neighbourhoods;
participation in arts centred projects helps youth at risk;
university business programmes teach improvisational theatre
techniques to help students think more creatively; Canada's
arts and culture are proven drawing cards for millions of
foreign tourists, as well as for our own population - the
list of examples of the arts working within our communities
is endless.
Another
important example is that businesses looking to locate in
a new area take several factors into account A Maclean's
article called Saving Our Cities
(June 3, 2002) wrote: "International firms
are seeking clean, s af e locales with skilled workers,
efficient transportation and cultural and recreational amenities."
And the skilled workers these firms seek are those
with creativity, innovation, the ability to solve problems,
communication skills. These are all attributes which apply
to artists, cultural workers and to those fortunate adults
who have had the benefit of arts infused education in their
early years.
Emergence
of a New Class
CCA 's 2001 submission was entitled "On
the Edge of a Revolution" - a quote from Ken Robinson,
Chair of the National Advisory Committee (UK) on Creative
and Cultural Education. The revolution he was describing
was from the impact and change new technologies are having
on all our economies. Revolutions result in the emergence
of a new class of people - and Richard Florida's new book
describes the rise of a new social group he calls the "Creative
Class". As he says "Because creativity
is the driving force of economic growth, in terms of influence
the Creative Class has become the dominant class in society."
One
index Florida came up with to measure the density of artists,
writers and performers in any given area (his Bohemian Index)
led him to conclude that "... rather than
being driven exclusively by companies, economic growth was
occurring in places that were tolerant, diverse and open to
creativity - because these were places where creative people
of all types wanted to live".
So
who makes up this new Creative Class? And what exactly
do they do? According to Florida, they encompass "all
colours, genders and personal preferences" , and they
are "primarily paid to create".
It would seem logical, therefore, for governments at all levels
- federal, provincial and municipal - to encourage and nurture
the creative spark in everyone. To bring this argument
full circle, the Canadian Conference of the Arts sees government
investment in Canada's artists and creators, and in the arts
and cultural sector, as providing both improved economic prosperity
and increased quality of life to all Canadians.
A
number of programs have benefited from the funding provided
through Tomorrow Starts Today ;
a few examples include:
. new measures to support the Canadian book industry
designed to strengthen the distribution of books in
Canada, stabilize Canadian book publishing, and enhance
the profile of Canadian books to ensure Canadians' access
to and choice of Canadian books
. development of a market-driven program specifically
designed to facilitate the international business development
needs of Canada's multisectoral arts and cultural exporters
. developmental assistance to new networks of arts
presenters in aboriginal and culturally diverse communities
. several new arts training projects being supported,
greatly expanding diversity and relevance of arts training.
|
More Needs to be Done
With its increased funding to
the cultural sector announced in May 2001 under the rubric
Tomorrow Starts Today , the federal
government recognized the centrality of the arts and culture
by investing some $560 million over 3 years, a sum which went
a long way towards restoring funds which had been withdrawn
during previous cutbacks. This level of funding must
be sustained and more needs to be done. In addition
to the recommendations already outlined in this submission,
we believe there are several important steps which need to
be taken to fully provide Canadian artists, creators and cultural
workers, and the cultural industries which depend on them,
with the moral and financial support necessary to ensure a
vibrant, cultural and economically sustaining way of life:
. a coherent, all-encompassing federal cultural policy
. increased funding to the Canada Council for the Arts
. adequate, stable, multi-year funding to the Canadian
Broadcasting Corporation and other federal cultural agencies
and institutions
. amendments to the Copyright Act that reward creativity,
and advance and protect the economic and moral rights of creators
and copyright owners
. amendments to the Status of the Artist legislation
to guarantee the economic livelihood of Canada's artists through
improved access to social benefits
. development of programs and funding levels to respond
to the needs of Canada's aboriginal artists and artists of
colour, as well as emerging artists and organizations, and
those artists practising non-Western art forms
. development of programs and strategies to attract and
retain the next generation of cultural managers, particularly
in the non-profit sector.
Recommendation
5:
That the government of Canada provide adequate, stable,
multi-year funding to improve the sustainability of
Canada's cultural institutions and agencies. |
Recommendation
6:
That the government of Canada amend the Copyright Act
and the Status of the Artist legislation to reward creativity,
advance and protect the economic and moral rights of
creators and copyright owners, and guarantee the economic
livelihood of Canada's artists through improved access
to social benefits. |
Recommendation
7:
That the government of Canada ensure that, following
the 2003-2004 fiscal year, the additional funding for
the cultural community announced in May 2001 for a three
year period be extended indefinitely, at increased levels.
|
Update
Designation of Charities
As members of the Standing Committee on Finance are no doubt
aware, the current legislation which governs charities in
Canada is based on 400 year old laws from Great Britain -
hardly keeping up with the times!
Charitable
status is extremely important to not-for-profit arts organizations.
It provides them with greater latitude when applying for funding
(access to foundations), bestows respectability in the eyes
of the public, is a useful tool for fund-raising, etc.
However, inconsistencies abound in the criteria of what a
charity can and cannot do: for example there is a very fine
line between "education" and "advocacy"; contributions to
political parties trigger greater tax benefits than those
to other charitable groups; businesses are encouraged to lobby
but charitable organizations are penalized for doing so; and
so on.
In
her speech at the launch of the Voluntary Sector Initiative,
Lucienne Robillard, President of the Treasury Board and Chair
of the Reference Group, stated "We need
to do more - as a government and as society as a whole to
support these individuals and the organizations they serve,
because they contribute, without hesitation, to maintaining
our social, economic and cultural fabric."
Now, in the last year of this important government-sector
initiative, it is time to act on the recommendations which
are coming forward to improve the capacity and effectiveness
of the voluntary sector's work.
Increasingly,
over the past few years, governments have downloaded various
social services onto the backs of charities and not-for-profit
organizations. Given the proper financing and support,
these organizations might have been able to pick up the slack
without too much trouble. But, as a new report remarks:
"In the face of rising public demands
for services and declining revenues, governments began to
cast about for alternative means of providing services more
efficiently..... off-loading services to voluntary organizations
provided an attractive alternative.... However, expanded
responsibilities were not always balanced with new resources."
The
CCA supports the stand set out by the Canadian Centre of Philanthropy
in this regard in its submission to the Standing Committee
on Finance, and would urge that the federal government "recognize
that all of the non-partisan public policy work, public education
and awareness initiatives, and policy advocacy that is undertaken
by charities in furtherance of their recognized charitable
objects (or purposes) is not 'political activity', but is
'charitable activity' that enriches our society and our democracy....
Any serious effort to strengthen Canada's democratic system
must allow charities to speak out on matters related to the
charitable purposes for which they are registered, provided
that their advocacy is non-partisan and remains 'incidental'
(ie: does not become a purpose in itself)."
There
is much Canada could learn from other countries - alternative
models exist in the United States, Great Britain, Australia
and a host of other countries - and in this regard we would
draw the Standing Committee's attention to the research carried
out by the Institute for Media, Policy, and Civil Society
(IMPACS), based in Vancouver.
NASO
Designation
CCA is a registered national arts service organization (NASO),
a deemed charity under the Income Tax Act, and as such it
believes passionately that a healthy not-for-profit sector
is invaluable to our communities. In its 1995
study on arts service organizations, CCA defined them as "organizations
... founded and directed by their members, who are professional
creators, interpreters, producers, distributors/disseminators
and/or conservers in the arts and cultural sector, to serve
the collective interests of the membership, the constituency
and the public." The criteria for designation
as a NASO (upon the recommendation of the Department of Canadian
Heritage to CCRA) is currently extremely restrictive and the
number of organizations which have been granted NASO status
to date remains very small. Some groups which would
on the surface appear eligible for NASO status have been refused
on the grounds that their work is primarily advocacy - a reiteration
of the conundrum referred to earlier. This is a particular
"Catch 22" for arts organizations, as illustrated in
this quote from the CCA 's "Portrait of Canadian Arts Service
Organizations in 1999": "[Revenue
Canada] particularly did not like the fact that we advise
governments on policy and openly indicate we do advocacy.
This is particularly frustrating when facing federal MPs who
tell me we (the arts) have to lobby more (this happened most
recently at the Standing Committee on Canadian Heritage roundtables)."
At
the November 2001 Chalmers Conference, an annual forum of
arts service organizations convened by the CCA , the issue
of charities and charitable status was discussed in some detail.
As a result of these discussions, the participants cr af ted
a resolution, with the full support of those present.
CCA is making this resolution its eighth recommendation of
this submission:
Recommendation
8:
That the current Canadian legislative and regulatory
approach to the issue of advocacy by charitable organizations
is inadequate and in need of significant change.
Improvements should include:
- a clear definition
of permissible advocacy
- clear quantifiable
spending rules for advocacy
- flexible regulatory
options for enforcement of new rules
- greater transparency
on the part of federal regulators in this field
Regarding
the National Arts Service Organization designation,
consideration must also be given to improving the breadth
of the definition of "national" to include the wide
range of artistic activity regardless of language or
heritage. |
CCA
would add to this recommendation that consideration
be given to reviewing the legislation governing NASO designation
to make it more inclusive.
In
a recent meeting with Elinor Caplan, the Minister responsible
for the Canada Customs and Revenue Agency, she promised voluntary
sector representatives that the CCRA would produce new dr
af t guidelines on "political activities" by September
2002. The hope is that these may narrow the definition
of "political activities" sufficiently that much
of what charitable organizations want to do (in advocacy and
public policy development) will no longer be classified as
"political activity" and therefore registered organizations,
including NASOs, will not risk losing their charitable status
by doing important advocacy work such as appearing before
committees like this one. We urge committee members to monitor
this issue and to assist us in our efforts to lift the limits
on the amount of advocacy that charitable organizations, arts
and others, may do.
Change
Back to Core Funding
In addition to decreasing public
sector support to the cultural sector over the past decade,
the type of support provided has changed in small but very
significant ways. To quote again from "The Nonprofit
Sector and Government in a New Century":
"With
the explicit objective of exercising greater influence over
the delivery of services by nonprofit agents, governments
are shifting explicitly to a policy of project funding, simultaneously
moving away from the core funding that has been the lifeblood
of many organizations in the past.... Their dependence
on external funding forces them to adapt to the changing funding
environment in ways that can change (often for the worse)
the very nature of their organizations.... Greater reliance
on contract and project funding may result in a loss of control
by boards as government contract officers and project sponsors
become the main target of accountability.... The management
of projects and contracts, as opposed to core funding, can
lead many nonprofit organizations to devote a disproportionate
amount of time and resources to meeting more extensive monitoring,
reporting, and evaluation requirements."
In
the wake of various "scandals" within government (HRDC project
monies, sponsorships delivered through Public Works), many
small cultural organizations have been hit very hard.
The sheer volume of accountability measures currently required
is out of all proportion to the (usually quite small) amounts
of money involved. In addition, there are now so many
people examining each contract and contribution agreement
in an effort to ensure due diligence on the government side,
that the delay in receiving any funding has jeopardized the
sustainability of many arts organizations, large and small.
Cultural organizations are having to look increasingly to
lines of credit and loans to tide them over, something not
all financial institutions are willing to extend. Better
and more efficient ways of providing public sector funding
to the cultural sector (and others) while still ensuring proper
accountability and reporting practices must be developed immediately.
Recommendation
9:
That the federal government eliminate its practise of
providing project-based funding to not-for-profit organizations
in favour of a speedy return to core operating support,
and that it perfect these funding mechanisms to guarantee
timely delivery of financial support with reasonable
accountability and reporting requirements. |
We
would like to close with an account from a very small, under-funded
community organization in India . Apparently, in that
country, even small voluntary organizations include a theatre
company. An individual from one organization was explaining
to a group of visiting Canadian students that the presence
of artists helps deliver the messages while reminding people
of the value of the arts. This is how it was expressed:
"How else do you show people that if they
manage to get out of poverty, there's something worth living
for?"
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