A CALL TO ACTION

A Year 2000 Research Report and Discussion Paper
on the Status of the Artist Policy and Legislation in Canada

Introduction

The Canadian Conference of the Arts (CCA) commissioned consultants, Cultural Enterprises International, to prepare a report on the past and present Status of the Artist initiatives across the country and to suggest issues and vehicles for consideration and action by the CCA.

The unique pattern of employment of artists as self-employed workers and their consequent lack of benefits which other workers have has been discussed in Canada for over 30 years. After various studies and lobbying, status of the artist legislation was adopted in Quebec in 1987 and in the federal jurisdiction in 1992.

Most work in the cultural sector in Canada is regulated by the provinces. The need for status of the artist legislation was studied in most of the other provinces in the early 1990s; this report looks particularly at the efforts of Ontario, Saskatchewan and British Columbia. However, no other province has since adopted status of the artist legislation. Some have, though, made changes for artists in specific areas, like health and safety and workers compensation. In recent years, there has been renewed interest in the artists’ community in promoting changes to recognize their status for example, in Ontario, Saskatchewan and Newfoundland.

The federal legislation passed in 1992 did not include the needed changes for artists in income taxes, employment insurance and other areas. Based on interviews and past studies, an overview of the various changes to provincial and federal laws which would bring economic and social benefits to artists is provided. Options to deal with the complicated issue of bargaining national agreements subject to provincial jurisdiction are offered.

The consultants recommend a concerted national effort to draw up a "Cultural Code". This Code would comprise the principles underlying the recognition of artists, and the economic, social and legal issues affecting them. The Code would also provide the guidance and framework for legislators to make needed changes. The "Cultural Code" would expand the notion of Status of the Artist beyond collective bargaining with which it has become identified.

The CCA could play a leadership role in a working group of all stakeholders which would develop the Code. Also the Canadian Council on the Status of the Artist should be re-activated by the Minister of Canadian Heritage so that it can be a catalyst in moving the initiative forward.

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