October 31, 2011 - The Canadian performer’s union, ACTRA, together with the Association of Canadian Advertisers, ACA, and the Canada’s Institute of Communication Agencies, ICA, have announced ratification of the National Commercial Agreement (the NCA). The agreement was ratified by an overwhelming majority of the ACTRA membership in a 98.5% vote in favor of the new terms.
The term of the new agreement is October 31, 2011 through June 30, 2014. Key elements of the new agreement include a 2.5% per year increase in compensation (7.5% cumulative increase over the three years) and a 1.5% increase in market unit rates for use payments.
Please click here for a copy of the ACTRA NCA Memo of Settlement, or here for the new NCA Rate Sheet.
For your convenience, changes that affect talent payments under the 2011 – 2014 NCA are summarized below:
- Wages and other payments
- Wage increase of 2.5% across the board per year for three years [7.5% cumulative increase overall]
- Additional 1.5% increase in Market Unit rates for Wild Spot and Network Use [including Short Life] applied prior to general increase
- TV used in Other Media, Specialty or Cable pay at 10 units instead of 1-5
- New Media pilot extended, session fees now set at 50% of regular session fees
- Must now pay for up to 25 Allowable Changes in a session, increase from 20
- If a commercial is running but not in all markets covered by specialty and cable, no additional payment required provided that 24 units (previously 17) units are paid.
- New - Excluded from coverage:
- CEO, President and other equivalent titles excluded from coverage [except Accident on Set and working conditions]
- Other employees at usual place of business where too difficult [safety, etc.] for ACTRA member to do the job
- Employees making a claim [e.g., Westjet]
- Lottery/Contest winners and their immediate family
- Some admin requirements
- New – Pre-paid use option for spots moved over from broadcast to New Media
- Instead of standard 3xSession, if contracted up front and paid with session, may pay 2xSession.
- Even if spot never used in New Media, payment is guaranteed.
- Only applies to first cycle. May not be renewed.
- New – Members of the Public Waiver
- One commercial only
- Must meet criteria in Article 2204 and provide 2 day’s prior notice to ACTRA
- Permit cost $100
- All payment due dates changed to calendar days not business days
- Session and Edited spots – 21 calendar days
- TV and radio use – 28 calendar days
- $6/day initial penalty payable for 42 calendar days
- Additional $10/day penalty begins when still unpaid 16 calendar days after written notice
Although not directly related to talent payment, there were also several changes related to Performer Dignity and Working Conditions.
The ICA and the ACA represent the industry side in ACTRA negotiations. Further information about the new NCA is available at the ACTRA, ICA, and ACA websites at the urls below:
If you have any questions, please contact Kat Krone at 818.303.7331 or by email at kkrone@teamservices.net.
