2013 2015 DGC/ CMPA Standard Agreement - Ontario and Utilities... · be given the common meaning in...
Transcript of 2013 2015 DGC/ CMPA Standard Agreement - Ontario and Utilities... · be given the common meaning in...
2013 – 2015 DGC/CMPA Standard Agreement Core Agreement
2013 – 2015
DGC/ CMPA
Standard Agreement
C O R E A G R E E M E N T
C O R E A G R E E M E N T
T a b l e o f C o n t e n t s
2013 – 2015 DGC/CMPA Standard Agreement Core Agreement Page i
1.00 DEFINITIONS -------------------------------------------------- 1 1.01 Accounting Department ------------------------------------------------ 1 1.02 Anthology ------------------------------------------------------------------ 1 1.03 Anthology Series --------------------------------------------------------- 1 1.04 Art Department ----------------------------------------------------------- 1 1.05 Bargaining Authorization and Voluntary Recognition
Agreement ---------------------------------------------------------------- 1 1.06 Budget ---------------------------------------------------------------------- 1 1.07 Cable Television --------------------------------------------------------- 1 1.08 Call -------------------------------------------------------------------------- 1 1.09 Certified Budget ---------------------------------------------------------- 1 1.10 CMPA ----------------------------------------------------------------------- 1 1.11 Collective Agreement --------------------------------------------------- 1 1.12 Compact Device --------------------------------------------------------- 1 1.13 Contract for Services --------------------------------------------------- 1 1.14 Contracted Rate---------------------------------------------------------- 1 1.15 Dailies ---------------------------------------------------------------------- 1 1.16 Day -------------------------------------------------------------------------- 1 1.17 Derivitive Production ---------------------------------------------------- 1 1.18 Direct to Video ------------------------------------------------------------ 1 1.19 DGC or Directors Guild of Canada ---------------------------------- 1 1.20 Distant Location ---------------------------------------------------------- 1 1.21 District Council ----------------------------------------------------------- 1 1.22 Documentary -------------------------------------------------------------- 1 1.23 Editing Departments (Picture and Sound) ------------------------ 1 1.24 Episode --------------------------------------------------------------------- 1 1.25 Flat Deal ------------------------------------------------------------------- 1 1.26 Free Television ----------------------------------------------------------- 1 1.27 Gross Remuneration ---------------------------------------------------- 1 1.28 Guild Member------------------------------------------------------------- 2 1.29 Loan-out Corporation --------------------------------------------------- 2 1.30 Movie for Television (MFT)-------------------------------------------- 2 1.31 Mini-Series ---------------------------------------------------------------- 2 1.32 Motion Picture ------------------------------------------------------------ 2 1.33 Nearby Location --------------------------------------------------------- 2 1.34 Network Television ------------------------------------------------------ 2 1.35 New Media Production -------- Error! Bookmark not defined. 1.36 Non-Certified Budget --------------------------------------------------- 2 1.37 Over-Scale ---------------------------------------------------------------- 2 1.38 Pay Television ------------------------------------------------------------ 2 1.39 Permittee ------------------------------------------------------------------- 2 1.40 Picture Post Production Period -------------------------------------- 2 1.41 Pilot -------------------------------------------------------------------------- 2 1.42 Producer ------------------------------------------------------------------- 2 1.43 Production ----------------------------------------------------------------- 2 1.44 Production Department ------------------------------------------------ 2 1.45 Remittance ---------------------------------------------------------------- 2 1.46 Schedule ------------------------------------------------------------------- 2 1.47 Second Unit --------------------------------------------------------------- 2 1.48 Serial Production -------------------------------------------------------- 2 1.49 Series ----------------------------------------------------------------------- 2 1.50 Sound Post Production Period --------------------------------------- 2 1.51 Standard Agreement ---------------------------------------------------- 2 1.52 Strip Program ------------------------------------------------------------- 3 1.53 Syndicated Television -------------------------------------------------- 3 1.54 Television Drama Special --------------------------------------------- 3 1.55 Television Motion Picture ---------------------------------------------- 3 1.56 Theatrical ------------------------------------------------------------------ 3 1.57 Variety Series ------------------------------------------------------------- 3 1.58 Variety Special ----------------------------------------------------------- 3 1.59 Weekly Rate -------------------------------------------------------------- 3
2.00 RECOGNITION, TERRITORIAL JURISDICTION, PURPOSE AND SCOPE, NEGOTIATION AND ADMINISTRATION OF THIS AGREEMENT ---------- 3
2.01 Recognition of Bargaining Unit --------------------------------------- 3 2.02 Favoured Nations -------------------------------------------------------- 3 2.03 Interpretation of Agreement ------------------------------------------- 3 2.04 Purpose -------------------------------------------------------------------- 3 2.05 Scope of Agreement ---------------------------------------------------- 3 2.06 Exclusive Bargaining Agents ----------------------------------------- 3 2.07 Territorial Jurisdiction and Application of this Agreement ----- 4 2.08 Co-Productions ----------------------------------------------------------- 4 2.09 Resolution of Jurisdictional Disputes ------------------------------- 4
3.00 PROTECTION OF BARGAINING AUTHORITY AND BARGAINING ------------------------------------------ 4
3.01 Conflicting Agreements ------------------------------------------------ 4 3.02 Notification of Change of Name or Address --------------------- 4 3.03 Bargaining Unit Work -------------------------------------------------- 4 3.04 Assignment of Duties -------------------------------------------------- 4 3.05 No Contracting Out ----------------------------------------------------- 4 3.06 District Council Access to Studio or Location -------------------- 4
4.00 APPLICABLE LEGISLATION ----------------------------- 4 4.01 Governing Law ----------------------------------------------------------- 4 4.02 Producer’s Obligations ------------------------------------------------- 4 4.03 No Producer Discrimination ------------------------------------------ 5 4.04 Severability and Replacement of Invalid Provisions ----------- 5 4.05 Harassment --------------------------------------------------------------- 5 4.06 ------------------------------------------------------------------------------- 5
5.00 PRODUCER'S RIGHTS AND RULES ------------------- 5 5.02 Producer’s Rules -------------------------------------------------------- 5
6.00 DISTRICT COUNCIL SECURITY ------------------------- 5 6.01 Good Standing ----------------------------------------------------------- 5 6.02 Assignment of Compensation --------------------------------------- 5 6.03 Guild Member in Default ---------------------------------------------- 6
7.00 HIRING ---------------------------------------------------------- 6 7.01 Availability Lists ---------------------------------------------------------- 6 7.02 Hiring Rules --------------------------------------------------------------- 6 7.03 Combined Engagement ----------------------------------------------- 6 7.04 Consideration of Non-Guild Person for Work -------------------- 6 7.05 Issuance of Work Permits--------------------------------------------- 6 7.06 Work Permits ------------------------------------------------------------- 6 7.07 Guild Member Works Only with Guild Members or
Authorized Permittees ------------------------------------------------- 6 7.08 Displacement or Work Permit Fee ---------------------------------- 6 7.09 Permittees Must Observe DGC Constitution -------------------- 6 7.10 Termination of Engagement for Failure to Remit
Displacement or Work Permit Fee --------------------------------- 6 7.11 Alternate Arrangements ----------------------------------------------- 6 7.12 No Requirement to Furnish Services or Equipment ----------- 7 7.13 Non-Member Equalization Payments ------------------------------ 7
8.00 STRIKES AND LOCKOUTS ------------------------------- 7 8.01 No Strikes or Lockouts During Term of Agreement ------------ 7 8.02 Unfair Declaration ------------------------------------------------------- 7 8.03 No Discipline or Discharge or Termination of a Contract
for Services --------------------------------------------------------------- 7 9.00 CONSULTATION --------------------------------------------- 7
9.01 Production Notice ------------------------------------------------------- 7 9.02 Budget Information ----------------------------------------------------- 7 9.03 Producer Information --------------------------------------------------- 8 9.04 Pre-Production Conference ------------------------------------------ 8 9.05 Consultation Committee to be Established upon Request --- 8
10.00 GRIEVANCE AND ARBITRATION ---------------------- 8 10.01 Grievance Procedure -------------------------------------------------- 8 10.02 Grievance Defined ------------------------------------------------------ 8 10.03 Informal Dispute Resolution ------------------------------------------ 8 10.04 Initiating Grievance Procedure -------------------------------------- 8
ARBITRATION PROCEDURE ---------------------------------------- 8 10.05 Arbitration Procedure -------------------------------------------------- 8 10.10 Arbitrator Selection ----------------------------------------------------- 9 10.11 Powers of Arbitrator ---------------------------------------------------- 9 10.12 Interest Arbitration ------------------------------------------------------ 9 10.13 Credit Grievance -------------------------------------------------------- 9
11.00 CLASSIFICATIONS ------------------------------------------ 9 11.01 Job Classifications and Descriptions ------------------------------- 9 11.02 Improper Classification ---------------------------------------------- 10 11.03 Promotion and Demotion -------------------------------------------- 10 11.04 No Alteration of Job Titles ------------------------------------------ 10 11.05 General ------------------------------------------------------------------ 10 11.06 Directors (Dir) ---------------------------------------------------------- 10 11.07 Second Unit Director (2UD) ---------------------------------------- 10
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PRODUCTION DEPARTMENT ------------------------------------- 10 11.08 Production Manager (PM) ------------------------------------------- 10 11.09 Assistant Production Manager (APM) ---------------------------- 10 11.10 Unit Manager (UM) ---------------------------------------------------- 10 11.11 First Assistant Director (1AD) -------------------------------------- 11 11.12 Second Assistant Director (2AD) ---------------------------------- 11 11.13 Third Assistant Director (3AD) ------------------------------------- 11 11.14 Trainee Assistant Director (TAD) ---------------------------------- 11 11.15 Technical Coordinator (TC) ----------------------------------------- 11 11.16 Location Manager (LM) ---------------------------------------------- 11 11.17 Assistant Location Manager (ALM) ------------------------------- 11 11.18 Trainee Location Manager (TLM) --------------------------------- 12 11.19 Location Production Assistant (Location PA) ------------------- 12 11.20 Location Support Personnel (LSP) -------------------------------- 12 11.21 Production Coordinator (PC) --------------------------------------- 12 11.22 Assistant Production Coordinator (APC) ------------------------ 12 11.23 Trainee Production Coordinator) ---------------------------------- 12 11.24 Production Assistants ------------------------------------------------- 12
ART DEPARTMENT --------------------------------------------------- 12 11.25 Production Designer (PD) ------------------------------------------- 12 11.26 Art Director (ART) ----------------------------------------------------- 12 11.27 First Assistant Art Director/Set Designer/Graphic
Designer (1AR) --------------------------------------------------------- 13 11.28 Second Assistant Art Director (2AR) ----------------------------- 13 11.29 Third Assistant Art Director (3AR) --------------------------------- 13 11.30 Art Department Coordinator (ADC) ------------------------------- 13 11.31 Trainee Assistant Art Director (ADA) ----------------------------- 13
PICTURE EDITING DEPARTMENT-------------------------------- 13 11.32 Supervising Picture Editor (SPE) ---------------------------------- 13 11.33 Picture Editor (PE) ----------------------------------------------------- 13 11.34 First Assistant Picture Editor (1PE) ------------------------------- 14 11.35 Assistant Picture Editor (APE) ------------------------------------- 14 11.36 Post Production Assistant (Post PA) ----------------------------- 14 11.37 Post Production Supervisor (PPS) -------------------------------- 14 11.38 Post Production Coordinator (PPC) ------------------------------- 14
SOUND EDITING DEPARTMENT ---------------------------------- 14 11.39 Supervising Sound Editor (SSE) ----------------------------------- 14 11.40 Sound Editor (SE) ----------------------------------------------------- 14 11.41 First Assistant Sound Editor (1SE) -------------------------------- 15 11.42 Second Assistant Sound Editor (2SE) --------------------------- 15 11.43 Trainee Assistant Sound Editor (TASE) ------------------------- 15 11.44 Dialogue Editor --------------------------------------------------------- 15 11.45 Post-Synch Dialogue Editor ----------------------------------------- 15 11.46 Effects Editor ------------------------------------------------------------ 15 11.47 Foley Editor-------------------------------------------------------------- 15 11.48 Music Editor (ME) ------------------------------------------------------ 15
ACCOUNTING DEPARTMENT ------------------------------------- 15 11.49 Production Accountant (AUD) -------------------------------------- 15 11.50 First Assistant Production Accountant (1AA General) ------- 16 11.51 First Assistant Production Accountant (1AA Payroll) --------- 16 11.52 Second Assistant Accountant (2AA) ------------------------------ 16 11.53 Third Assistant Accountant ------------------------------------------ 16 11.54 Trainee Assistant Accountant (AT) -------------------------------- 16 11.55 Post Production Accountant (PPA) ------------------------------- 16
12.00 CONTRACT FOR SERVICES --------------------------- 16 12.01 Contract for Services Required ------------------------------------ 16 12.02 Application to Existing Contract for Services ------------------- 16 12.03 Provisions of Contract for Services Subject to Grievance
and Arbitration ---------------------------------------------------------- 16 12.04 Type of Engagement -------------------------------------------------- 16 12.05 Terms of Standard Agreement are Minimums ----------------- 16 12.06 Grievance and Arbitration ------------------------------------------- 16 12.07 No Contract for Services to Contravene the Standard
Agreement --------------------------------------------------------------- 17 12.08 No Deferment of Minimum Compensation ---------------------- 17 12.09 Authority ------------------------------------------------------------------ 17 12.10 Original Copies and Form Of Contract for Services ---------- 17 12.11 Contract for Services No Less Favourable Than the
Standard Agreement ------------------------------------------------- 17 12.12 Contract for Services - Start Date --------------------------------- 17 12.13 Contract for Services - Finish Date ------------------------------- 17
12.14 Extension, Renewal or Option ------------------------------------- 17 12.15 Loan-out Corporation ------------------------------------------------- 17 12.16 Confidentiality Language -------------------------------------------- 17 12.17 Director Contract for Services & Media Uses ------------------ 17
13.00 NOTICE OF LAY-OFF OR REPLACEMENT, FORCE, MAJEURE, RECALL AND DISCHARGE - 18
13.01 Force Majeure ---------------------------------------------------------- 18 13.02 Recall for Services ---------------------------------------------------- 18 13.03 Discharge ---------------------------------------------------------------- 18 13.04 Procedure for Discipline and Discharge ------------------------- 18 13.05 ----------------------------------------------------------------------------- 18 13.06 ----------------------------------------------------------------------------- 18 13.07 ----------------------------------------------------------------------------- 18 13.08 ----------------------------------------------------------------------------- 18 13.09 ----------------------------------------------------------------------------- 18 13.10 ----------------------------------------------------------------------------- 18 13.11 ----------------------------------------------------------------------------- 18
14.00 PAYMENT OF COMPENSATION AND SECURITY FOR PAYMENTS -------------------------------------------- 18
14.01 Payroll Period ---------------------------------------------------------- 18 14.02 Pay day ----------------------------------------------------------------- 199 14.03 Method of Compensation Payment ------------------------------ 199 14.04 Payroll Service -------------------------------------------------------- 199 14.05 Producer’s Obligations Upon Termination --------------------- 199 14.06 Time-Keeping --------------------------------------------------------- 199 14.07 Records ----------------------------------------------------------------- 199 14.08 Financial Difficulties and Payroll Failures ---------------------- 199 14.09 Security for Payments Due During Production ---------------- 19 14.10 Security for Payments Due After Production ------------------- 20 14.11 ----------------------------------------------------------------------------- 20 14.12 Purchaser’s Assumption Agreement ---------------------------- 211 14.13 Distributor’s Assumption Agreement ---------------------------- 211
15.00 LEAVES OF ABSENCE ---------------------------------- 211 15.01 Illness, Medical and District Council Leave ------------------- 211 15.02 Leaves of Absence --------------------------------------------------- 21
16.00 HEALTH AND SAFETY ------------------------------------ 21 16.01 ----------------------------------------------------------------------------- 21 16.02 Guild Member Prerogative ------------------------------------------ 21 16.03 Health and Safety Representative -------------------------------- 21 16.04 Medical Attention and Hospitalization ---------------------------- 21 16.05 Reporting of Accidents, Medical Attention and
Hospitalization --------------------------------------------------------- 21 16.06 Discussion of New Devices ---Error! Bookmark not defined.
17.00 TECHNOLOGICAL CHANGE ---------------------------- 21 17.01 Producer's Right to Institute Technological Change --------- 21 17.02 Notice --------------------------------------------------------------------- 21 17.03 No Injustice ------------------------------------------------------------ 222
18.00 GENERAL PROVISIONS -------------------------------- 222 18.01 Entire Agreement ----------------------------------------------------- 222 18.02 Release and Indemnification -------------------------------------- 222 18.03 Duration of Protection ----------------------------------------------- 222 18.04 Notice -------------------------------------------------------------------- 222 18.05 Legislation --------------------------------------------------------------- 22 18.06 Currency ----------------------------------------------------------------- 22 18.07 Interest on Monies Owing ------------------------------------------- 22 18.08 Contracts for Benefit of Producer --------------------------------- 22 18.09 Interpretation ---------------------------------------------------------- 233 18.10 Editorial Equipment -------------------------------------------------- 233 18.11 Lie Detectors ------------------- Error! Bookmark not defined.3 18.12 Budget Calculations ------------------------------------------------- 233
19.00 LETTERS OF VARIANCE ------------------------------- 233 20.00 SCHEDULES INCORPORATEDError! Bookmark not defined.4 21.00 TERM OF AGREEMENT ------------------------------------ 244
21.01 Term --------------------------------------------------------------------- 244 21.02 Application of Agreement ------------------------------------------ 244
Letters of Understanding NO. 1 – NEW MEDIA PRODUCTION DEFINITION ------------------ 227
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NO. 2 - ARTICLE 7.04 – CONSIDERATION OF NON-GUILD PERSON FOR WORK --------------------------------------------- 238
NO. 3 - RE ARTICLE 7.05: ISSUANCE OF WORK PERMITS ---- 249 NO. 4 - CONTRACT FOR SERVICES ------------------------------------- 30 NO. 5 - UNFAIR DECLARATIONS (ARTICLE 8.02) ------------------- 31
NO. 6 - PRODUCTION GUARANTEE ------------------------------------ 32 NO. 7 - FAVOURED NATIONS --------------------------------------------- 33 NO. 8 - NO PYRAMIDING OF INCENTIVES ---------------------------- 34 NO. 9 - DEFINITIONS --------------------------------------------------------- 35 NO. 10 – WORKFLOW ISSUES -------------------------------------------- 36
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1.00 DEFINITIONS
Unless otherwise specifically defined herein, the terms used shall be given the common meaning in the film and television industry.
1.01 Accounting Department
The Accounting Department shall consist of the job classifications defined in article 11.00 as comprising that department.
1.02 Anthology
Anthology means one (1) unit of a Motion Picture in any series as defined in an Anthology Series.
1.03 Anthology Series
Anthology Series means a series or sequence of Motion Pictures, each of which is sixty (60) minutes or less in length, and each of which contains a separate or complete story or other complete program entity, without a character or characters common to each of the series but held together by the same title, trade name or mark or identifying device or personality common to all of the programs in the series. A continuing host shall not be considered a character common to each of the programs in the Series.
1.04 Art Department
The Art Department shall consist of the job classifications defined in article 11.00 as comprising that department.
1.05 Bargaining Authorization and Voluntary Recognition Agreement
Bargaining Authorization and Voluntary Recognition Agreement is a standard agreement by virtue of which a Producer, inter alia, recognizes each District Council as bargaining agent on behalf of Guild Members and recognizes the CMPA as the bargaining agent on behalf of the Producers, and agrees to be bound by the terms and conditions of this Standard Agreement and the Negotiation Protocol with respect to the production of Motion Pictures.
1.06 Budget
Budget (either Certified or Non-Certified) means the total final locked Budget above and below the line prior to the end of the first week of principal photography for all services and expenses, including but not limited to all Production and post-Production fees, salaries, services and related expenses.
1.07 Cable Television
Cable Television means the exhibition of a Production on television by means of cable, satellite, master antenna or any combination thereof, where the signal embodying the Production is packaged with other signals or programming services for which a single fee is charged for all or some of such signals or services. Cable Television use includes "basic cable" channels and "specialty" channels but does not include Network Television, Syndicated Television or Pay Television.
1.08 Call
Call means notification to a Guild Member of the place and hour of the start of work.
1.09 Certified Budget
Certified Budget means the Budget as approved in writing by the completion guarantor.
1.10 CMPA
CMPA means the Canadian Media Production Association or its successors.
1.11 Collective Agreement
See Standard Agreement.
1.12 Compact Device
Compact Device means the distribution of a Production by manufacturing and selling or renting copies of a Production on DVD, tape, disc, cassette, CD-ROM or any other similar physical format intended primarily for private, in-home exhibition.
1.13 Contract for Services
Contract for Services means the agreement between the Producer and each Guild Member with respect to engagement of
the Guild Member. It can also be called a deal memo or a deal memorandum
1.14 Contracted Rate
Contracted Rate is the higher of the applicable minimum rate (scale) provided for in the Schedules, or, the negotiated rate, inclusive of Over-scale, specified in the Guild Member's Contract for Services.
1.15 Dailies
Dailies means the screening of the photography done on the immediately previous work day. Dailies can also be called "rushes".
1.16 Day
Day means a calendar day, unless otherwise specified.
1.17 Derivative Production
A Derivative Production means a New Media Production, including without limitation a webisode, directly associated with, but separate and distinct from, a Theatrical, Television Motion Picture or Documentary Production, intended for initial exhibition on a new media platform for the purposes of promoting the associated Production, with no independent commercial exploitation. For clarity, a Derivative Productions does not include a spin-off.
1.18 Direct to Video
Direct to Video means a Motion Picture intended primarily for release on Compact Devices.
1.19 DGC or Directors Guild of Canada
DGC, Directors Guild of Canada or the Guild is a national labour organization.
1.20 Distant Location
Distant Location is any location where a Guild Member is required to remain away and be lodged over-night. The Day of departure and the Day of return shall be deemed to be Distant Location Days.
1.21 District Council
District Council means the relevant District Council of the DGC, namely Alberta, Saskatchewan, Manitoba, Ontario or Atlantic Regional Council.
1.22 Documentary
A Documentary is an information, news, and/or public interest Motion Picture, including but not limited to industrials and educationals which may include drama or variety techniques in achieving the information goal.
1.23 Editing Departments (Picture and Sound)
The Picture Editing Department and the Sound Editing Department shall consist of the respective job classifications defined in article 11.00 as comprising each Department.
1.24 Episode
Episode means a Television Motion Picture, complete in itself, but forming part of the Series.
1.25 Flat Deal
A Flat Deal is a contractual agreement between the Producer and a Guild Member where Over-scale payments may be credited or offset against the premium(s) provided for in each District Council Schedule.
1.26 Free Television
Free Television means the exhibition of a program on a home type television receiver which exhibition gives rise to no specific charge either for the program or for the channel on which the program is received and the program does not originate on a cable facility but is exhibited on Network Television and/or Syndicated Television.
1.27 Gross Remuneration
Gross Remuneration means the total compensation which a Producer owes to a Guild Member for work or services, including minimum rate plus Over-scale, if any, work premiums, vacation and statutory holiday pay or additional compensation in lieu thereof, and Director's rights acquisition Fee(s), Series bonus and
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royalties, but excluding insurance and retirement contributions, and monies paid for vehicle and equipment rentals, and expenses, such as per diem allowances or travel costs. Also see article 13.05.
1.28 Guild Member
A Guild Member is a member of the DGC and is deemed to include a "Loan-out Corporation", "Permittee" and any person engaged by a Producer in a job classification set out in article 11.00 of this Agreement and subject to any letter of understanding relating to each District Council's work jurisdiction, who performs duties hereunder.
1.29 Loan-out Corporation
A Loan-out Corporation is a corporation with a majority shareholder, officer or director on the corporate board of directors who is a Guild Member, and who performs any of the duties of any of the classifications set out in this Agreement. Limited partnerships are deemed to be included in this definition.
1.30 Movie for Television (MFT)
Movie for Television (MFT) means a Motion Picture drama of sixty (60) minutes or more in length intended primarily for television release.
1.31 Mini-Series
Mini-Series means a Television Motion Picture of a predetermined length intended for broadcast in segments and which has a single essential story line beginning in the first segment and ending in the last.
1.32 Motion Picture
Motion Picture means a Production.
1.33 Nearby Location
Nearby Location is a location outside of the studio zone where any Guild Member works but is not lodged overnight and instead returns to within the studio zone at the end of each work day.
1.34 Network Television
Network Television means any Canadian network so recognized by the CRTC and any American network so recognized by the FCC.
1.35 New Media Production
A New Media Production means any Production intended for initial exhibition on the internet or any similar new media platform now or hereafter known, regardless of the device through which the content is delivered.
1.36 Non-Certified Budget
Non-Certified Budget means the Budget of a Production that has no completion guarantor. This Budget must be accompanied by a letter signed by the Producer confirming that it is the final itemized Budget prior to principal photography.
1.37 Over-scale
Over–scale means the compensation which a Guild Member has contracted with a Producer over and above the minimum compensation in this Agreement.
1.38 Pay Television
Pay Television means the exhibition of Productions on a television receiver by a Pay Television network operator distributed by means of broadcast, cable, closed circuit, Direct Broadcast Satellite (DBS) or any other form of distribution whether in conventional, scrambled, encoded or otherwise altered form where there is a requirement that the audience shall make a payment to receive such production. Such payment may be in the form of (i) a separate amount for each production or portion thereof, (ii) a payment to receive a dedicated Pay Television channel which payment is made either in addition to regular Cable Television subscription fee, or to the proprietor of a free standing microwave distribution system or a satellite master antenna television distribution system (SMATV) which distributes the said channel. Exhibition in theatres or comparable places is theatrical exhibition and shall not be considered Pay Television.
1.39 Permittee
Permittee means a person who is engaged hereunder, and who has been authorized in writing by the District Council to work within the District Council’s jurisdiction and with other Guild Members pursuant to this Agreement. Permittee is deemed to include a Loan-out Corporation.
1.40 Picture Post Production Period
Picture Post Production Period is the period of time commencing on the first day of post production of the Motion Picture and continuing until delivery of the fine cut of the Motion Picture during which the process of editing the Motion Picture is performed by Picture Editing Department personnel, the classifications and duties of which are set out in article 11.00.
1.41 Pilot
Pilot means a Motion Picture produced as one (1) episode of a projected Series to determine whether to produce the Series later.
1.42 Producer
Producer is the individual, corporation, partnership, limited partnership, or other person that controls, administers, or is responsible for a program, whether or not that Producer is or will be a copyright holder of the finished Motion Picture.
1.43 Production
Production means a recorded audiovisual work whether such recorded work is fixed on film, tape or otherwise.
1.44 Production Department
Production Department shall consist of the job classifications defined in article 11.00 as comprising that department.
1.45 Remittance
Remittance is a payment due from the Producer to the District Council under this Agreement, including Member's check-off, administration and training fund, retirement contributions, and health and welfare payments as per the applicable District Council Schedule.
1.46 Schedule
Schedule means every Schedule to the Standard Agreement which is deemed to be incorporated therein and an integral part thereof.
1.47 Second Unit
Second Unit means the process of setting up, lighting and photography of action oriented sequences (such as stunt action sequences, including but not limited to car chases and high falls and sequences utilizing geographically inaccessible or undesirable locations for a main unit) which involve a separate camera package, a separate DOP and camera crew, a separate call and a location away from the main unit.
1.48 Serial Production
A Serial is a Production with a dramatic component and a continuing story line which broadcasts at least three (3) different segments per week.
1.49 Series
Series means a collection of Episodes of a Television Motion Picture produced as a group.
1.50 Sound Post Production Period
Sound Post Production Period is the period of time commencing with delivery of the fine cut of the Motion Picture and continuing until completion of the mix of the Motion Picture during which the process of sound editing the Motion Picture is performed by Sound Editing Department personnel, the classifications and duties of which are set out in article 11.00.
1.51 Standard Agreement
Standard Agreement and Agreement are deemed to include this 2013-2015 DGC/CMPA Standard Agreement, all Schedules hereto, the Bargaining Authorization and Voluntary Recognition Agreement, the Negotiation Protocol, any letter of variance, and each Contract for Services.
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1.52 Strip Program
A Strip Program is a non-fiction Production which broadcasts at least three (3) different segments per week.
1.53 Syndicated Television
Syndicated Television means broadcast exhibition on television other than Network Television.
1.54 Television Drama Special
Television Drama Special is a Motion Picture for television intended to be essentially entertaining rather than informational and shall be under sixty-one (61) minutes in length.
1.55 Television Motion Picture
Television Motion Picture includes Anthologies, Movies for Television, Mini-Series, Pilot, Serial, spinoff, Strip Program, Television Drama Special, Series, Variety Series, and Variety Special.
1.56 Theatrical
Theatrical means an entertainment Motion Picture generally sixty-one (61) minutes or more in length, produced primarily for exhibition in theatres or any other place where a charge, by any method, is paid by the viewing audience.
1.57 Variety Series
Variety Series is a series of Television Motion Pictures usually with a continuing host and/or performers which combine a number of entertainment elements.
1.58 Variety Special
Variety Special is a singular Television Motion Picture which combines a number of entertainment elements.
1.59 Weekly Rate
Weekly Rate is the higher of the minimum rate set out herein or the Contracted Rate negotiated between the Producer and the Guild Member to be attributable to a work week of five (5) consecutive days in any consecutive seven (7) calendar days.
2.00 RECOGNITION, TERRITORIAL JURISDICTION, PURPOSE AND SCOPE, NEGOTIATION AND ADMINISTRATION OF THIS AGREEMENT
2.01 Recognition of Bargaining Unit (a) In accordance with and subject to the Negotiation Protocol
and the Bargaining Authorization and Voluntary Recognition Agreement as attached, the CMPA and the Producer recognize the District Councils as the exclusive bargaining agent for and representative of all Guild Members, with respect to those job classifications set out in each District Council Schedule and with respect to minimum rates and all other minimum terms and conditions of engagement of all persons engaged by the Producer to perform duties under this Agreement.
(b) In accordance with and subject to the Negotiation Protocol and the Bargaining Authorization and Voluntary Recognition Agreement as attached, each District Council recognizes the CMPA as the sole and exclusive bargaining agent and representative with respect to Production which is subject to this Agreement.
(c) Subject to article 2.07, the geographic scope of this Agreement shall relate to programs produced in the territorial jurisdictions of:
(i) the Alberta District Council (Alberta and Northwest Territories),
(ii) the Saskatchewan District Council (Saskatchewan),
(iii) the Manitoba District Council (Manitoba),
(iv) DGC Ontario (Ontario and Nunavut), and
(v) Atlantic Regional Council (Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador).
(d) A dispute concerning whether a person is included in the bargaining unit shall be resolved under the grievance and arbitration procedure. Nothing in this Agreement is intended, nor shall it be construed, either to enlarge or diminish the
work customarily and usually performed by Guild Members in the bargaining unit nor is it intended to diminish or enlarge the work customarily and usually performed by persons not in the bargaining unit.
2.02 Favoured Nations (a) Except by prior agreement with the CMPA, a District Council
shall not enter into any agreement with any Producer at rates or terms which are as favourable or more favourable to such Producer, than those set forth in this Agreement and no District Council shall permit Members to be engaged at rates less than those provided for herein or upon terms which are as favourable or more favourable to such Producer than set forth in this Agreement.
(b) Unless otherwise agreed to by the CMPA and the District Council, a Producer shall not enter into any agreement with any District Council at rates or terms which are as favourable or more favourable to the Producer than those set forth in this Agreement, and a Producer shall not offer to engage nor enter into any agreement to engage a Guild Member at rates less than those provided for herein nor upon terms which are as favourable or more favourable to the Producer than those terms set forth in this Agreement.
(c) A Producer who engages Guild Members in any manner whatsoever, without reference to this Agreement shall be subject to an unfair declaration pursuant to article 8.02.
2.03 Interpretation of Agreement (a) Terms
The terms of this Agreement are the result of negotiations between representatives of the CMPA and the District Councils.
(b) Joint Administration
This Agreement shall be administered jointly by the District Councils and the CMPA in all facets on a principle of equality between the District Councils and the CMPA in all matters pertaining to the administration of the Agreement’s provisions. Questions regarding interpretation of the meaning of clauses in this Agreement may be directed to either the CMPA or the District Council. Neither of those parties shall give interpretations binding upon the other without the written agreement of the other.
2.04 Purpose
The purpose of this Agreement is to provide minimum terms and conditions by which a Guild Member will be engaged by the Producer on a Motion Picture; to provide a method for final and binding arbitration in settlement of all disputes between the parties arising under this Agreement or a Contract for Services; to facilitate harmonious relations between the Guild, the District Councils, all Guild Members, the Producer, and the CMPA and to assist in the development of the film and television industry in Canada.
2.05 Scope of Agreement
This Standard Agreement applies to every Guild Member engaged by the Producer on the Production which is referenced in the Bargaining Authorization and Voluntary Recognition Agreement as attached. The provisions of this Agreement apply equally to a first unit and additional units.
2.06 Exclusive Bargaining Agents (a) Parties to this Agreement
When executed by a Producer the terms of this Agreement form a contract to which the District Councils, the Producer and the CMPA are all parties and each party agrees to fulfil the rights and obligations created under this contract and owing to another party. For greater clarity, Guild Members are bound by the terms and conditions of this Agreement.
(b) Voluntary Recognition
While the terms and conditions of this Agreement are in effect, any Producer who is not a party to this Agreement but who agrees to become a party to this Agreement shall sign the Bargaining Authorization and Voluntary Recognition Agreement found in Schedule 7A, acknowledging that the
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District Councils are the exclusive bargaining agent for classifications set out in article 11.00 and subject to the letters of understanding, and signifying its acceptance of the terms and contained herein. The Bargaining Authorization and Voluntary Recognition Agreement shall constitute acceptance of a binding obligation by the Producer to adhere to the terms and conditions of this Agreement and shall be executed and forwarded to the appropriate District Council by fax or delivery prior to contracting a Guild Member.
2.07 Territorial Jurisdiction and Application of this Agreement (a) The District Council continues to be the Guild Member's
exclusive bargaining agent and representative, notwithstanding that the Guild Member is required to perform duties outside the District Council’s territorial jurisdiction. This Agreement applies to any Guild Member assigned by a Producer to perform services outside the District Council’s territorial jurisdiction unless the Guild Member is subject to the jurisdiction of another labour organization at that location.
(b) Before assigning a Guild Member to perform duties at a location outside of Canada, the Producer will sign a written Contract for Services, in accordance with Schedule 1 or 8 hereafter, with that person.
(c) A Guild Member engaged on a local basis shall be subject to the terms of the District Council Schedule applicable to that location.
(d) In circumstances where the Producer undertakes Production in the jurisdiction of one District Council (the "first jurisdiction") and further Production in the jurisdiction of a second or subsequent District Council and a Guild Member moves with the Production, then the Guild Member’s Contract for Services shall be governed by the District Council Schedule applicable to the first jurisdiction.
(e) The studio zone, Nearby Location and Distant Location applicable to a Guild Member shall be deemed to be in accordance with the District Council Schedule in the province in which the Guild Member is engaged.
(f) When a Guild Member is transferred to a "second jurisdiction", the local holiday provisions of that jurisdiction shall govern and not those of the first jurisdiction in which the Guild Member was engaged.
2.08 Co-Productions
Where it is established that a Production is a bona fide co-production governed by an official co-production treaty between Canada and another country, the parties to this Agreement recognize that the application of this Agreement may be subject to the terms of the relevant international co-production treaty and agreement.
2.09 Resolution of Jurisdictional Disputes
The parties agree to co-operate in good faith amongst themselves and with other unions in the film and television industry in resolving jurisdictional disputes without work stoppages.
3.00 PROTECTION OF BARGAINING AUTHORITY AND BARGAINING
3.01 Conflicting Agreements
Subject to the letters of understanding, neither the Producer nor the CMPA will enter into any agreement with any other guild, union or labour organization with respect to the work in any category or job classification covered by this Agreement. The Producer will not enter into any agreement under which the Producer purports to assign duties to any other person other than a Guild Member, or purports to appoint any other person as bargaining agent for terms and conditions of engagement of Guild Members covered by this Agreement. If the Producer is aware of a claim by any other party that it has the right to represent any person covered by this Agreement, the Producer shall give notice to the District Council and the CMPA so that the District Council may take action to protect the work opportunities of Guild Members.
3.02 Notification of Change of Name or Address
The Producer shall give notice in writing to the District Council of any change in the name or address of its business or of its intention to perform business under another name, more than one name or from more than one address.
3.03 Bargaining Unit Work
The Producer shall not permit, or require persons other than Guild Members in this bargaining unit to perform work which is the customary and usual work of Guild Members in the bargaining unit. This clause is not intended to interfere with the customary and usual work performed by others outside the bargaining unit. No Guild Member shall be required to perform the customary and usual work of any other recognized craft or trade in the film and television industry. Nothing in this paragraph nor in article 3.01 above is intended, nor shall it be construed, either to enlarge or diminish the nature of the duties and the work described in those classifications listed in article 11.00 that are customarily and usually performed by Guild Members in the bargaining unit nor is it intended to diminish or enlarge that work customarily and usually performed by persons not in the bargaining unit.
3.04 Assignment of Duties (a) The Producer will not assign any duties to a Guild Member
which would in any way exclude that Guild Member from the protection of the District Council and the provisions of this Agreement, nor to any person outside the bargaining unit.
(b) The Producer will not transfer a Guild Member to another bargaining unit nor assign to a Guild Member the work of any classification other than a Guild category without the express prior written consent of the District Council and the Guild Member.
3.05 No Contracting Out
Except in accordance with a District Council Schedule, the Producer:
(a) will not contract out any duties, (b) will only assign duties to a Guild Member covered by this
Agreement and (c) will not allow any person other than a Guild Member covered
by this Agreement to perform the duties hereunder.
3.06 District Council Access to Studio or Location
Upon advance notice to a Producer, an authorized representative of the District Council shall be permitted to visit any Production location or site during the hours when Guild Members are working, provided work is not disrupted and the representative complies with the visitor and security rules established by each Producer. The Producer, where practicable, shall allow a representative of the District Council to call District Council meetings on the set or location during non-working time.
4.00 APPLICABLE LEGISLATION
4.01 Governing Law (a) Subject to article 4.01 (b), the law of the province or territory
in which the majority of principal photography takes place shall govern this Agreement and dictate the forum except with respect to any dispute arising out of the local Schedule in which case the law and forum of that jurisdiction shall govern. Notwithstanding the foregoing, the parties may otherwise agree on the applicable law or the appropriate forum. However, nothing herein shall require either party or any Guild Member to take any action or refrain from taking any action that violates the law of any applicable jurisdiction.
(b) With respect to any issue relevant to sound post-Production, the law of the province in which the majority of post-Production takes place shall govern this Agreement and dictate the forum, unless the parties agree otherwise.
4.02 Producer’s Obligations
The Producer shall pay all contributions, premiums or assessments for every Guild Member covered by this Agreement as required by the Canada Pension Plan Act, the Employment Insurance Act, any applicable legislation relating to a health tax, and any similar legislation enacted from time to time. With respect
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to worker’s compensation, or like programs, the Producer shall pay the premiums required pursuant to the applicable legislation.
4.03 No Producer Discrimination
The Producer and the Guild Member agree that they shall not discriminate against or engage in any harassment of any applicant for engagement or Guild Member for reasons based on race, colour, ancestry, place of origin, political belief, religion, marital or parental status, family status, source of income, number of dependants, nationality, physical or mental disability, sex, sexual preference or orientation, age, District Council membership or activity, or any other basis prohibited by applicable federal, provincial or territorial law.
4.04 Severability and Replacement of Invalid Provisions (a) If any portion of this Agreement is found illegal or invalid by a
court or tribunal of competent jurisdiction, the balance of this Agreement shall remain in full force and effect.
(b) The parties shall use their best efforts through good faith negotiations to agree on a replacement provision for any portion found to be illegal or invalid.
4.05 Harassment (a) Harassment is any conduct or comment which is known, or
ought reasonably to be known, to be unwelcome or offensive, which creates an intimidating working environment, or which denies individual dignity and respect.
(b) When such harassment occurs, the offended party shall make known to the harasser, or the Producer's representative, that it is unwelcome behaviour. Should the behaviour continue, it must be reported to the Producer's representative, who at the discretion of the Guild Member, may inform the District Council; or to the District Council business agent who shall inform the Producer. The Producer has a duty to take immediate steps to investigate the complaint in as discreet and confidential a manner as possible, and to take appropriate action, up to and including dismissal, against any person found to have violated article 4.05.
(c) In the circumstances outlined above, the Producer may request relief from the provisions of article 13.00, in order to terminate a Guild Member’s Contract for Services without further remuneration beyond the last day of engagement. The District Council may grant such relief, provided it is satisfied that such termination of the Guild Member’s Contract for Services is appropriate.
(d) If the Producer and the District Council are in dispute with respect to any matter arising from the application of this article, either party to the dispute may refer the matter to the grievance and arbitration procedures of article 10.00.
(e) Sexual Harassment
For the purpose of article 4.05, sexual harassment includes an incident involving an unwelcome sexual advance, a request for sexual favour, or other verbal or physical conduct of a sexual nature.
4.06 A complaint to the Producer or the District Council regarding article 4.03 or 4.05 will in no way prejudice the complainant's engagement.
5.00 PRODUCER'S RIGHTS AND RULES
5.01 Except to the extent specifically modified by this Agreement, all rights of management are reserved by the Producer. The rights reserved to the Producer herein are subject to other provisions of this Agreement and should be exercised in a manner consistent with them. The Producer shall exercise its rights in a manner that is correct, fair and reasonable. Without limitation, the Producer’s rights shall include: (a) the right to maintain efficiency and order, and to discipline
and discharge Guild Members in accordance with this Agreement; and
(b) the right to select, engage, classify and lay-off Guild Members; the right to establish the methods and means of production, including and determining qualification of Guild Members, the hours and dates the Guild Members are
required; and the location and standards of performance; methods used to ensure security of the Producer’s property; however, the Producer shall not demote Guild Members as a disciplinary measure nor require any Guild Member to retire on the grounds of age.
5.02 Producer’s Rules
The Producer has the right to make and publish rules that are reasonable provided they are not inconsistent with this Agreement or any laws of any jurisdiction in which work is done under this Agreement. Any Producer’s rules that are not included in the Contract for Services will be provided to the appropriate District Council.
6.00 DISTRICT COUNCIL SECURITY
6.01 Good Standing (a) The Producer agrees to engage only Guild Members in good
standing with the District Council. A Guild Member’s failure to show good standing with the District Council shall be sufficient just and reasonable cause for discharge. Each Guild Member, except a Permittee, must at the time of engagement have Guild membership in good standing as a condition of engagement and must maintain membership in good standing as a condition of continued engagement.
(b) If any Guild Member fails to show good standing, then the District Council will provide written notice of such failure to such Guild Member’s Producer. The written notice will state the reason why the Guild Member is not a member in good standing as required pursuant to this article 6.01, and that the Guild Member has been notified of such failure in writing. If the Guild Member fails to remedy the lack of good standing with the District Council within three (3) days after the Producer receives such notice, the Producer shall discharge the Guild Member so long as such discharge is lawful. The Producer shall not be in default unless it fails to act, if necessary, within said time after receipt of such notice.
(c) The District Council will indemnify the Producer for any damages incurred as a result of the Producer's compliance with this paragraph.
6.02 Assignment of Compensation (a) The Producer will honour a Guild Member's written
assignment of compensation to the District Council unless the assignment is declared null and void. The Guild Member hereby authorizes the deduction by the Producer of any outstanding Guild fines, assessments or arrears in membership dues that are not prohibited by applicable legislation.
(b) The Producer shall require each Guild Member at the time of the execution of the Contract for Services to sign an authorization in the form supplied by the District Council authorizing the Producer to deduct two percent (2%) of Gross Remuneration as administrative dues in the case of a Guild Member and administrative charges in the case of Permittees and to pay same to the District Council.
(c) The Producer will remit to the District Council, in accordance with the applicable District Council Schedule, the fees and dues deducted along with a written statement containing the names of Guild Members for whom deductions were made, the amount of each deduction along with a copy of any revocation of the assignment. The District Council shall hold the Producer harmless for any costs or damages arising from the fines, assessments or membership dues deducted by the Producer.
(d) If during the term of this Agreement, the District Council requests a change in the two percent (2%) deduction set out in article 6.02 (b), then the Producer shall deduct and remit the altered rate on the condition that the District Council provide the Guild Member’s written assignment in this regard.
(e) Any knowing or intentional failure by the Producer to deduct or to remit monies collected under this article 6.02 shall cause the Producer to be solely responsible and liable for any monies owing.
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6.03 Guild Member in Default (a) Any Guild Member, except a Permittee, who revokes the
assignment of compensation to the District Council, or fails to pay the membership dues, assessments, and fines or any other payments required as a condition of maintaining membership in the District Council, shall be assessed permit fees by the District Council while engaged on the Motion Picture until such time as all outstanding amounts are paid by the Member to the District Council. The Guild Member hereby authorizes and the Producer agrees to deduct said fees from the remuneration of any such Guild Member in accordance with the fee structure set out in the applicable District Council Schedule.
(b) Before the assessment of permit fees becomes effective, the District Council shall give the Producer and Member notice of the dues and/or fees payable. If such amount is paid within five (5) days after such notice to the Member, permit fees will not be assessed. Otherwise, permit fees will be assessed effective from the date of notification to the Member and the Producer will be so advised.
7.00 HIRING
7.01 Availability Lists
The District Council shall maintain a list of its Members and, upon request from a Producer, shall identify and supply from this list competent and qualified persons in the appropriate classifications listed in this Agreement.
7.02 Hiring Rules
The Producer may call by name any Member of the District Council or a Member in good standing of another District Council affiliated with the DGC, and the District Council shall honour that request, provided the person is not engaged elsewhere.
7.03 Combined Engagement
Where a Guild Member is engaged for the making of two or more Motion Pictures consecutively, the Producer may require such Guild Member to work on more than one Motion Picture during any period of his engagement. The Producer shall notify the District Council in writing concerning any Guild Member so engaged.
7.04 Consideration of Non-Guild Person for Work
Should the District Council at any time be unable to supply competent Guild Members when requested by the Producer, the Producer may consider a non-Guild person for engagement.
7.05 Issuance of Work Permits
If the Producer can demonstrate that the presence of such a person is necessary, the District Council, in its reasonable discretion, may issue a work permit to a non-Guild person, "Permittee". The Producer shall not engage such person to work on the Motion Picture until the Producer agrees to pay the work permit fee as set out in the applicable District Council Schedule, the Guild processes the request for a work permit and, if necessary, the person has been cleared by Human Resources and Social Development Canada (HRSDC). Work permits which are approved shall be issued promptly so as not to cause any delay in the filling of the Producer's personnel requirements. Permission may be granted to work for a period not to exceed the duration of the Motion Picture.
7.06 Work Permits
If the Producer requests of the District Council a work permit, the request shall be made on ten (10) days written notice to the District Council and shall include:
(a) the person’s name; (b) the classification applied for and the expected length of
engagement; (c) the reason for the necessity of the person being engaged; (d) a list of the person’s credits or credentials, professional
awards and achievements and/or a professional resume; (e) proof of the person’s membership and standing in a District
Council , or another labour organization if any; and (f) the appropriate properly completed DGC work permit
application in the form set out in each District Council Schedule herein, signed by the Producer or the Producer's authorized representative as well as the person on whose behalf the Producer is requesting a work permit.
(g) the name of the Motion Picture, the number of Episodes and Episode name and number and the ISAN and/or V-ISAN number when available.
7.07 Guild Member Works Only with Guild Members or Authorized Permittees
The Producer shall only require a Guild Member to work with other Guild Members in good standing or duly authorized Permittees in good standing in Guild categories. Accordingly, the Producer shall not allow a non-Guild person to start work if that person does not have an authorized District Council work permit.
7.08 Displacement or Work Permit Fee (a) The Producer recognizes, acknowledges and agrees that the
engagement of a non-Member displaces a job or career opportunity for a Guild Member.
(b) The Producer agrees to remit or pay directly to the District Council a displacement or work permit fee for each day or week of engagement or portion thereof in the amounts specified in the applicable District Council Schedule.
(c) It is recognized and agreed that the permit fees are subject to GST or HST as applicable and other like taxes and the Producer agrees to remit any taxes due at the rate prescribed by legislation, together with the fees, without being invoiced by the District Council.
7.09 Permittees Must Observe DGC Constitution
Permittees are subject to and must observe the DGC Constitution, the District Council Constitution, and all bylaws, rules, regulations, orders, and decisions of the DGC National Executive Board, District Council Executive, its membership or their respective committees as they now exist or as they may hereafter be amended.
7.10 Termination of Engagement for Failure to Remit Displacement or Work Permit Fee
On or before the fourth (4th) day of each week, the Producer will remit to the District Council the amount of permit fees owing for each Permittee for the week previous, together with a list of Permittees. If the Producer fails to remit any work permit fees, the Producer shall discharge the Permittee within one (1) business day of receiving notice in writing from the District Council.
7.11 Alternate Arrangements (a) Prior to consideration of any alternate arrangements, the
District Council must first grant a permit under article 7.00. (b) No alternate arrangements may, in the aggregate, be less
than the minimum terms and conditions of this Agreement. (c) A person who is a member in good standing of the DGA,
U.S. I.A.T.S.E., or any other labour organization which the District Council at its sole discretion should determine, may elect to be subject to alternate arrangements. All the terms and conditions of engagement of such a person shall be covered by the collective agreement of the person’s home labour organization and all disputes relating to the terms and conditions of engagement shall be adjudicated pursuant to the adjudication provisions contained therein. Such person must provide satisfactory proof to the District Council of such membership and coverage, and the person’s permit application and contract for services must so specify.
(d) No disputes adjustment under the collective agreement of the person’s home labour organization shall in any way have any adverse precedential effect on the terms and conditions of this Agreement.
(e) A work permit issued to a person subject to alternate arrangements under article 7.11 shall not be in effect and shall not apply during any period of time that person’s home labour organization is either locked out or engaged in a strike directed against the Producer of the Production.
(f) Where the District Council grants the approval for alternate arrangements under article 7.11 then the person involved shall neither be subject to the grievance and arbitration procedure provided in the Agreement, nor have recourse to
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the performance bond held by the District Council.
7.12 No Requirement to Furnish Services or Equipment (a) The Producer shall not require a Guild Member to perform
any work as a prior condition to engagement or to furnish equipment, a vehicle, material, or working space. This shall not preclude a Guild Member from demonstrating ability or equipment.
(b) A Guild Member shall not be required by the Producer to use a personal vehicle in the conduct of the Producer’s business.
(c) Where an Guild Member agrees to furnish equipment, a vehicle, material, or working space the Producer will pay the Guild Member such rental rates as are agreed upon and such agreed upon amounts shall be paid separate and apart from the Gross Remuneration otherwise payable to Guild Members provided these arrangements are set out in the Guild Member’s Contract for Services.
(d) Where the Producer and the Guild Member enter into an agreement concerning the rental of the Guild Member’s own equipment, vehicle, material or working space, the agreement is enforceable under this Agreement.
(e) Safety Equipment
Where the nature of the work so requires, the Producer shall supply the Guild Member with all the necessary tools, protective devices and apparel at the Producer’s expense.
7.13 Non-Member Equalization Payments (a) In order to equalize the payments and deductions in respect
of Members of the Guild and non-Members, and in lieu of a health contribution, the Producer shall contribute a percentage, based on the applicable tier level of the Production, as set out in each District Council Schedule, of the Gross Remuneration paid to each non-Member Permittee and remit the non-Member equalization payment directly to the District Council every two (2) weeks.
(b) In circumstances where a Producer or a non-Member Permittee is paying into an alternate plan no non-Member equalization payment(s) shall be required to be paid under this article.
8.00 STRIKES AND LOCKOUTS
8.01 No Strikes or Lockouts During Term of Agreement (a) There shall be no strikes or lockouts during the term of this
Agreement, except where the Producer has been declared unfair by the District Council under article 8.02 and subject to the terms of this Agreement, including but not limited to articles 7.07 and 14.08 (c).
(b) It shall not be a breach of this Agreement for the District Council to instruct Guild Members to withhold service when the Producer has failed to comply with article 14.09.
8.02 Unfair Declaration
Subject to Core Agreement letter of understanding No. 5
(a) The District Council may declare a Producer unfair upon written notice where a Producer:
(i) does not abide by or declares an intent not to abide by the grievance or arbitration procedure;
(ii) refuses or does not comply with a decision rendered by an Arbitrator under article 10.00 herein, or by a court;
(iii) refuses or does not pay the Remittances or Gross Remuneration payable to the District Council or Guild Members when the obligation to pay falls due; or
(iv) engages Guild Members without reference to this Agreement.
(b) Written notice shall be given to the Producer and the CMPA seven (7) Days in advance of the issuance of an unfair declaration, and the notice will include a copy of the proposed unfair declaration.
(c) Guild Members shall be required not to work or provide services to a Producer declared unfair by the District Council, and shall be entitled to withdraw or withhold services from the Producer in relation to any Production.
(d) If the Producer or the CMPA receives notice of an unfair declaration, then the Producer or the CMPA can only refer a dispute regarding the unfair declaration within 5 Days of receipt of the notice to an arbitrator appointed pursuant to the arbitration procedure provisions of article 10.00, who must determine the matter in accordance with this Standard Agreement and any applicable Contract for Services within twenty (20) Days of the reference to arbitration.
Without limiting the scope of the arbitrator’s decision-making authority pursuant to this Standard Agreement, the arbitrator shall have the jurisdiction in respect of any unfair declaration Grievance to determine any of the following:
i. Whether any individual(s) named in the unfair
declaration is a Producer for the purposes of the Standard Agreement;
ii. Whether a legitimate dispute relating to a failure
to pay exists such that the unfair declaration ought to be deferred unless or until such time that the dispute is resolved; and
iii. The appropriate remedy, which may include
without limitation a direction with respect to amendment of the unfair declaration before it is issued.
If a grievance is filed, then the unfair declaration will not be issued unless the arbitrator so awards.
(e) The unfair Producer declaration shall be revoked by the
District Council once all matters referenced above have been resolved as between the parties.
8.03 No Discipline or Discharge or Termination of a Contract for Services
The Producer shall not discipline or discharge a Guild Member in any manner nor shall the Producer terminate the Guild Member’s Contract for Services where the Guild Member refuses to cross a picket line because the Guild Member has a bona fide concern for the Guild Member’s personal safety.
9.00 CONSULTATION
9.01 Production Notice
The Producer shall notify the District Council of each Production which shall or may engage Guild Members which the Producer has undertaken or contracted to perform. The notice to the District Council shall be in writing and shall specify:
(a) the name of the Production company, the Producer, executive producer, associate producer, and line producer;
(b) the name of the distributor or network; (c) Production locale(s); (d) title, description and type of the Motion Picture, and number
of Episodes, and individual Episode numbers and titles, if applicable;
(e) approximate starting and Production dates; (f) name address, telephone number and facsimile number of
the Producer’s designated executive for the Production; (g) address of the head, registered and Production offices; (h) names and qualifications of any individuals for whom work
permits are being requested; (i) the crew list; and (j) the ISAN and/or V-ISAN number for the Motion Picture,
when available.
9.02 Budget Information
The Producer will provide the District Council with either the top sheet of the Budget or the certificate of the completion guarantor, in the form attached in Schedule 9 seven (7) days prior to principal photography. The District Council has the right to request additional information to clarify the Budget.
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9.03 Producer Information
The Producer shall provide the Guild with all necessary information relating to the following matters for all Guild Members on a current basis:
(a) A list of Guild Members showing their names and job classifications;
(b) Engagements, discharges, terminations, resignations, retirements, work-related injuries and deaths;
(c) Daily Call sheet, specifying the place and hour of the start of work each work day.
9.04 Pre-Production Conference
Either the Producer or the District Council may request that a pre-Production conference be held prior to the commencement of any Production.
9.05 Consultation Committee to be Established upon Request (a) The consultation committee shall be established and shall
meet four (4) times a year during the term of this Agreement to discuss work-related issues that affect the parties or any Guild Member covered by this Agreement.
(b) The purpose of the consultation committee is to promote the co-operative resolution of workplace issues, to respond and adapt to changes in the economy, to foster the development of work-related skills, and to promote workplace productivity.
(c) The consultation committee shall be comprised of representatives of the CMPA and the District Councils.
10.00 GRIEVANCE AND ARBITRATION
10.01 Grievance Procedure (a) Any grievance filed and/or resolved under this Agreement
shall be made, carried forward or resolved on a basis that is without prejudice to any future dealings between the District Council, the CMPA or any of its members.
(b) No Guild Member shall be discriminated against for making a complaint or filing a grievance asserting a violation of this Agreement or a Contract for Services.
10.02 Grievance Defined (a) A grievance is defined as any dispute between any of the
following parties: the District Council, a Producer and/or the CMPA, arising out of, or in connection with the administration, interpretation, application, operation or alleged violation of any provision of this Agreement, or any Contract for Services between a Guild Member and a Producer, which is made pursuant to this Agreement, including a question as to whether a matter is arbitrable. The parties agree that all disputes between the above mentioned parties shall only be resolved through the grievance and/or arbitration provisions of this Agreement.
(b) The District Council shall have the carriage of all grievances, except a grievance lodged by a Producer or the CMPA. The District Council, and not the Guild Member, shall have exclusive right to retain and instruct counsel in all respects relating to the grievance, the grievance and arbitration procedure, any arbitration hearing and any judicial review or court action arising.
(c) With respect to either deliberate or negligent acts or omissions by a Guild Member, the Producer may only commence civil litigation proceedings against that Guild Member to address any loss or damage incurred by the Producer.
10.03 Informal Dispute Resolution (a) Notwithstanding article 10.02 (b), the Guild Member, with or
without the assistance or presence of a representative of the District Council may present any problem orally to the Producer for discussion and resolution.
(b) The parties acknowledge that the timely and prompt settlement of all disputes between the parties should be encouraged and that therefore any dispute may be settled at the time of its occurrence by the District Council and the authorized representative of the Producer, without recourse to the formal grievance procedures.
10.04 Initiating Grievance Procedure (a) In the event that the dispute is not informally resolved in
accordance with article 10.03 above, the aggrieved party may only initiate a grievance within sixty (60) calendar days of the date on which that party becomes aware, or ought reasonably to have become aware, of the act or omission giving rise to the dispute.
(b) With respect to Director rights acquisition fee(s) and additional use issues, the aggrieved party may only initiate a grievance within twelve (12) months from the date on which that party became aware or should reasonably have become aware that payments were due and owing.
(c) A grievance shall only be considered initiated when the grieving party (the "grievor") sets forth in writing (the "grievance"):
(i) the facts giving rise to the dispute;
(ii) the relevant articles of the Agreement and/or Contract for Services, and;
(iii) the remedy sought, and delivers the grievance to the other party to the grievance (the "respondent") and to either the CMPA or the District Council as the case may be.
For greater clarity, in all cases concerning a Guild Member, the District Council will be the grievor or the respondent, as the case may be.
(d) Once a grievance has been initiated, a representative of the District Council, a representative of the CMPA, the Producer or its duly authorized representatives, and the Guild Member if the District Council deems it necessary, shall meet within five (5) business days for a grievance meeting either in person or via teleconference. This meeting shall be treated as a co-operative and informal discussion to adduce and review the evidence and to facilitate resolution of the matter.
(e) The persons present at the grievance meeting on behalf of the parties to the grievance shall have the authority to settle the grievance. Any written settlement shall be signed by the representatives of the parties to the grievance, each of whom shall receive a copy of the terms of the settlement. Such settlement shall be binding on all parties to the grievance and the Guild Member.
ARBITRATION PROCEDURE
10.05 Arbitration Procedure
Except in those circumstances where a party has refused to engage in the grievance procedure, only those disputes which have been properly carried through the steps of the grievance procedure as outlined above and which have not been settled or any dispute as to whether a matter is arbitrable, will be referred to arbitration.
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10.06 Within five (5) business days of the grievance meeting, the referring party may give written notice to the other parties attending the grievance meeting and to the CMPA or District Council as the case may be, that it wishes to refer the grievance to arbitration. Grievances not referred to arbitration prior to the expiring of this time limit shall be considered resolved.
10.07 Within ten (10) business days of the notice of the intent to refer described in article 10.06, a time and place for arbitration shall be agreed upon, taking into account the availability of the arbitrator. In the event of a dispute as to the province in which the arbitration ought to take place, the province in which the majority of the principal photography takes place shall be considered the provincial jurisdiction for the purposes of the arbitration.
10.08 In the event that the grievance is referred to arbitration, the CMPA shall notify the District Council fifteen (15) business days prior to the commencement of the arbitration of its intention to further participate in the arbitration process. On providing such notice, the CMPA shall be considered a party. The CMPA may appear at arbitration as a representative of the Producer and/or party in its own right.
10.09 At least three (3) business days prior to the commencement of an arbitration hearing, the parties to the grievance shall inform the District Council and the CMPA of, any witnesses they intend to call, and provide a copy of all documents, including all correspondence, to which they intend to refer during the course of the meeting, as well as a summary: (i) identifying the issues in the grievance; (ii) outlining the relevant facts of the grievance and; (iii) identifying the remedy sought.
Notwithstanding the foregoing, the arbitrator or board of arbitration may accept any documents or evidence that it considers necessary to reach a fair conclusion.
10.10 Arbitrator Selection (a) Except in exceptional cases agreed by the District Council
and the CMPA, a single arbitrator shall hear all arbitrable matters. The selection of the single arbitrator shall be the subject of mutual agreement of the parties. When either party refers a grievance to arbitration they shall propose a list of three (3) arbitrators for consideration by the other party. If none of the proposed arbitrators are acceptable to the other party, they, then within ten (10) business days will submit a list of three (3) arbitrators, in writing, to the aggrieved party for consideration. In the event of a failure to agree upon a single arbitrator, the arbitrator shall be selected from the relevant list contained in each District Council Schedule.
(b) In exceptional cases and subject to agreement of the District Council and the CMPA, an arbitrable matter may be heard by a board of arbitration. The board of arbitration will be composed of one person, appointed by the District Council; and one person appointed by the CMPA; and a third person selected to act as chair who shall be chosen by the other two members of the Board. Each party will notify the other in writing of the name of its appointee within five (5) business days of the request by either party for a Board.
(c) Should the person chosen by the District Council and the person chosen by the CMPA fail to agree on a third person within ten (10) days of the notification mentioned above, the Minister of Labour in the province most connected with the dispute will be asked to appoint a person to act as chair.
(d) As per article 8.02 (d) Selection of an arbitrator shall be subject to those named in the relevant District Council Schedule.
10.11 Powers of Arbitrator
The arbitrator shall have all remedial powers vested in arbitrators under the applicable provincial labour relations legislation. The arbitrator has no jurisdiction to award punitive damages subject to article 8.02 (d).
Without limiting the generality of the foregoing, the arbitrator shall;
(a) have all necessary powers to hear and determine the real subject of the grievance and issue a decision according to the merits and containing whatever disposition they deem is just and equitable;
(b) have the power to determine their own procedure including receiving such evidence as they in their sole discretion deem relevant and trustworthy, the whole having regard to the principles of fairness and natural justice; and
(c) award damages where appropriate in lieu of reinstatement. (d) The arbitrator or board of arbitration shall not have the power
or authority to set aside, amend, modify, delete or add to any provision of this Agreement.
(e) The costs and expenses of the arbitrator shall be shared equally by the District Council, the Producer and/or the CMPA, when participating.
(f) The decision of the arbitrator or board of arbitration shall be issued in writing to the parties to the dispute, and the CMPA, and shall be final and binding on the parties and the Guild Member.
(g) Any time limitations prescribed herein may only be extended by mutual agreement of the parties to the grievance, the District Council and the CMPA.
(h) If necessary the arbitration provisions of this Agreement shall apply for the purpose of commercial arbitration legislation.
10.12 Interest Arbitration (a) Where this Agreement provides for interest arbitration, then a
party may refer a matter to an interest arbitrator in accordance with articles 10.10 (a), (b) and (c) and 10.11 (a), (b), (d), (e) and (f).
(b) After the interest arbitrator is appointed, the arbitrator shall convene a conference call with the parties in order to receive submissions and to decide all issues relating to the conduct of the interest arbitration, including production of documents, compelling the attendance of witnesses and the preparation of written briefs.
10.13 Credit Grievance (a) Any grievance with respect to and concerning any credit to
which any Guild Member may be entitled pursuant to this Standard Agreement or any Contract for Services may be referred by either party immediately to an arbitrator appointed pursuant to the provisions of article 10.00 who must determine the matter in accordance with this Standard Agreement and any applicable Contract for Services within fifteen (15) calendar days of the reference to arbitration. If all parties agree, the arbitrator selection procedure set out in article 10.10 may be bypassed in favour of the joint appointment of an industry expert. Unless the parties agree otherwise, a jointly appointed industry expert shall be vested with the powers identified in article 10.11.
(b) Without limiting the scope of the arbitrator's decision making authority pursuant to this Standard Agreement and any applicable Contract for Services, the arbitrator shall have the right in respect of any credit Grievance to determine the following:
(i) The kind, size, positioning and length of viewing of any screen credit; and,
(ii) The right of any Guild Member to receive screen credit or other credit and the form, manner and duration of publication; and
(iii) Where two or more Guild Members may have the right to receive credit for the same job classification, which Guild Members shall receive that credit and the form, manner and duration of publication including, without limitation, where screen credit is concerned, the kind, size, positioning and length of viewing of the screen credits.
11.00 CLASSIFICATIONS
11.01 Job Classifications and Descriptions
Job classifications and descriptions and their respective departments are set out below. They shall not be materially altered, amended, changed, or deleted, nor shall new classifications descriptions or departments be established without the mutual agreement of the parties hereto.
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11.02 Improper Classification
Where a Guild Member is unfairly or incorrectly classified, the appropriate job classifications, job descriptions, rates or remuneration, and other related matters shall be discussed between the Producer and the District Council. Failing agreement, the dispute may be the subject of a Grievance and may be referred directly to an arbitrator in accordance with article 10.00.
11.03 Promotion and Demotion (a) A Guild Member who is assigned, in accordance with the
terms of this Agreement, to a higher-paying job classification than the classification for which the Guild Member was engaged on the Motion Picture shall receive the rate of remuneration and benefits for the higher classification for each day that the Guild Member performs such duties. In no case will the Guild Member receive less than the daily rate for the higher classification for each day or part day which the Guild Member performs the duties of the higher classification.
(b) A Guild Member who is assigned, in accordance with the terms of this Agreement, to a lower-paying job classification than the classification for which the Guild Member was engaged on the Motion Picture shall receive the rate of remuneration and benefits for the higher classification in the Agreement shall continue to be paid the rate of remuneration and benefits of the Guild Member's regular classification unless such reclassification is made at the request of the Guild Member.
11.04 No Alteration of Job Titles
There shall be no alteration of job titles to evade or subvert the provisions of this article 11.00.
11.05 General
The classifications and descriptions below of Guild Member's established duties are not intended, nor shall they be construed, either to enlarge or diminish the duties, rights and functions of any recognized crafts or trades within the film and television industry or the participation of the Producers.
11.06 Directors (Dir) (a) The Director is engaged by the Producer and assigned by
the Producer to direct a Motion Picture. The Director directs whatever is seen and heard in a Motion Picture. The Director has the right to be present on the set whenever shooting is in progress. The fact that the Director may also render services as Producer or Writer or in any other capacity shall not change the Director’s job classification, with reference to work performed as a Director, and during the period of such work.
(b) The terms "Director" and "directing" as used herein shall include directing all related functions and activities required for translating and transferring the premise, idea, and/or concept to the audio-visual images.
(c) A Director’s duties include the following: survey and approve all locations and their use as they pertain to the directorial idea and need; directorial planning and breakdown of the shooting script; plot the camera angle and compositions within the frame; participate in determining the requirements of the set, costumes, make-up, props, etc., for their proper directorial perspective and mechanical functioning; participate in the final casting of all performers; rehearse actors, extras, and any of the visual and audio devices necessary for the completion of the Production; direct the action of all performers, extras, etc.; direct the dialogue as well as pre-recording and post-recording of dialogue; directorial supervision of the duties of the entire crew during the rehearsal and shooting periods; make such script changes as necessary, within the Director’s jurisdiction, for the proper audiovisual presentation of the Production; the right to the "first cut."
(d) The Director’s total function is to contribute creatively to all the above elements and to guide, mould, and integrate them into one cohesive, dramatic, and aesthetic whole.
11.07 Second Unit Director (2UD)
The Second Unit Director is engaged by the Producer in consultation with the Director under article DR2.01 (a), to direct Second Unit photography. A Second Unit Director works under the supervision of the Director and the Producer.
PRODUCTION DEPARTMENT
11.08 Production Manager (PM) (a) The Production Manager is engaged by the Producer to
perform duties as a Production Manager on a motion picture. The fact that the Production Manager may also render services in any other capacity shall not take him out of the classification as a Production Manager, with reference to any work he performs as a Production Manager, and during the period of such work. The Producer agrees that a Production Manager providing these additional services shall still be subject to Guild representation as a Production Manager and that the terms and conditions of this Agreement shall be applicable to such Guild Member.
(b) The Production Manager, under the supervision of the Producer, is required to coordinate, facilitate and oversee the preparation of the Production unit or units (to the extent herein provided) assigned to him, all off-set logistics, day-to-Day Production decisions, locations, Budget schedules and personnel.
(c) Subject to article 12.09, among the duties which the Producer must assign to the Production Manager is the coordination of or participation in the following, which include:
(i) Prepare script breakdown and preliminary shooting schedule;
(ii) Prepare or coordinate the preparation of the Budget;
(iii) Coordinate preliminary search and survey of all locations and the completion of arrangements for same;
(iv) Assist in the preparation of the Production to ensure continuing efficiency;
(v) Coordinate completion of the Production report for each day's work, showing work covered and the status of the Production, and arrange for the distribution of that report in line with the Producer's requirements;
(vi) Coordinate arrangements for the transportation and housing of cast, crew and staff;
(vii) Coordinate the securing of releases and negotiations for locations;
(viii) Coordinate the engaging of all Production unit personnel;
(ix) Maintain a liaison with local authorities regarding locations and the operation of the Motion Picture;
(x) Obtain authorization of overtime for cast and crew; and
(xi) Coordinate and prepare, in conjunction with the Production Accountant, the weekly cost report.
(d) The Production Manager may be referred to and credited as the Unit Production Manager (UPM).
11.09 Assistant Production Manager (APM)
The Assistant Production Manager assists the Production Manager in the performance of the duties and functions outlined above. The Assistant Production Manager is selected by the Producer in consultation with the Production Manager. Under no circumstances may an Assistant Production Manager work without the supervision of a Production Manager.
11.10 Unit Manager (UM)
The Unit Manager is engaged by the Producer in consultation with the Production Manager. Under no circumstances may a Unit Manager work without the supervision of a Production Manager. A Unit Manager is the PM’s representative on the shooting set. The Unit Manager assists in the coordination of the shooting set. The Unit Manager supervises the daily logistics of the shooting set in consultation with the Production Manager, Production
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Coordinator, Assistant Directors, Location Department, Transportation Department and the Art Department.
11.11 First Assistant Director (1AD) (a) The First Assistant Director is the assistant to the Director.
The First Assistant Director is engaged by the Producer in consultation with the Director. The First Assistant Director operates in cooperation with the Director applying artistic, technical and professional expertise as the on-set expediter and is responsible for maintaining optimum coordination among crew categories and performers in order to maintain the pace required by the shooting schedule as set by the Director. The First Assistant Director, alone or in conjunction with the Production Manager, organizes pre-Production, including organizing the crew, securing equipment, breaking down the script, preparing the stripboard and a shooting schedule. During Production, the First Assistant Director assists the Director with respect to on-set Production details, coordinates and supervises crew and cast activities and facilitates an organized flow of Production activity.
(b) Without limitation, among the duties which the Producer must assign to the First Assistant Director is the coordination of or participation in the following:
(i) Prepare script breakdown and stripboard, listing probable requirements of performers and extras in each scene;
(ii) Prepare shooting schedule keeping the same within time limitations imposed by the Budget, cast availability and the requirement of complete coverage of the script;
(iii) May ascertain the specific requirements of locations as they affect the production in consultation with the Director, PM and Location Manager. The First Assistant Director must be sent to each location site sufficiently prior to the commencement of photography to adequately perform the First AD’s duties;
(iv) Check weather reports;
(v) Prepare "Day out of days" schedules for performers and determine cast and crew calls;
(vi) Coordinate the preparation of the call sheet for the cast and crew;
(vii) Direct background action and supervise crowd control;
(viii) Supervise the functioning of the shooting set and crew;
(ix) May process minor contracts, extra releases, and on occasion obtain execution of contracts by performers (this may also be delegated to the Production Manager and Second Assistant Director); and
(x) Coordinate the work of any additional Assistant Directors or Production Assistants.
11.12 Second Assistant Director (2AD) (a) The Second Assistant Director is engaged by the Producer in
consultation with the First Assistant Director as an assistant responsible to the First Assistant Director.
(b) Without limitation, among the duties which the Producer may assign the Second Assistant Director are the coordination of or participation in the following:
(i) Prepare the Call sheets, handling extras' requisitions, and other required documents for approval by the First Assistant Director, the Production Manager, and the production office;
(ii) Prepare the daily production report and end of day paper work;
(iii) Distribute scripts and script changes (after shooting has started), and call sheets to cast and crew;
(iv) Distribute, collect, and approve extra vouchers, and placing adjustments as directed by the First Assistant Director on the vouchers;
(v) Communicate advance scheduling to cast and crew;
(vi) Aid in the scouting, surveying and coordinating of locations;
(vii) Facilitate transportation of equipment and personnel;
(viii) May process minor cast contracts, extra releases, and on occasion secure execution of contracts by performers (this may also be delegated to the Production Manager and First Assistant Director);
(ix) Coordinate with production staff so that all elements, including cast, crew and extras, are ready at the beginning of the day, and supervise the wrap in the studio and on location (local, nearby and distant);
(x) Sign cast members in and out;
(xi) Maintain liaison between Production Manager and/or the production office and the First Assistant Director on the set; and
(xii) Assist the First Assistant Director in the direction and placement of background action and in the supervision of crowd control.
11.13 Third Assistant Director (3AD)
The Third Assistant Director is engaged by the Producer in consultation with the First Assistant Director as an assistant responsible to the First Assistant Director who may be referred to, and credited as the Second Second Assistant Director.
11.14 Trainee Assistant Director (TAD)
The Trainee Assistant Director is engaged by the Producer as a Trainee to ensure the training of enough AD’s to meet the present/ future needs of the film and television industry. The Producer shall consult with the First AD and the final decision in the selection of any TAD shall remain with the Producer.
The TAD may also be referred to, and credited as the Fourth Assistant Director (4th AD).
11.15 Technical Coordinator (TC)
The Technical Coordinator is engaged by the Producer to assist the Director on a multi-camera television Motion Picture photographed continuously, before a live audience or as though a live audience were present, in planning placement and movement of each camera, with the responsibility for coordinating the execution of each placement and movement of each camera. The Producer shall consult the Director on the engagement of any Technical Coordinator with whom he shall have to work. This consultation is a courtesy to the Director and the final decision in the selection of any Technical Coordinator shall remain with the Producer.
11.16 Location Manager (LM) (a) The Location Manager is engaged by the Producer and
searches, surveys, secures and arranges for locations for the approval of the Producer in consultation with the Director and Production Designer.
(b) A Location Manager’s duties include the following: locate sites, whether through file search or scouting; contact property owners as an authorized functionary of the Producer; negotiate property rental and use rates between owners and the Production company; obtain necessary permission or permits for location sites and location parking from appropriate government authorities; maintain the negotiated condition and use of the location site under the rental contract or government permit; meet with the appropriate area film office or council and maintain a liaison with same during location use; meet with local business or residents’ associations, if necessary. In the performance of their duties, they may drive others provided such driving does not interfere with the Location Manager's regular duties.
(c) Prepare detailed location budgets and in so doing, consult with the Producer and the Production Manager. Identify extraordinary costs and required adjustments and keep the Producer and the Production Manager informed of same.
(d) Coordinate the work of the location department staff, as well as any relevant outside contractors.
11.17 Assistant Location Manager (ALM) (a) The Assistant Location Manager is engaged by the Producer
in consultation with the Location Manager to act as an assistant responsible to the Location Manager. Under no
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circumstances may an Assistant Location Manager work without the supervision of a Location Manager.
(b) An Assistant Location Manager must use due diligence to ensure that the Production is working within the limits of the location permit and contractual obligations as outlined by the Location Manager and that a professional and positive relationship is maintained with residents, business owners, and government officials.
11.18 Trainee Location Manager (TLM)
The Trainee Location Manager (TLM) is engaged by the Producer in consultation with the Location Manager to assist the LM in the performance of the functions and duties outlined in article11.16.
11.19 Location Production Assistant (Location PA) (a) The Location PA is engaged by the Producer in consultation
with the Location Manager to assist the location department. A Location PA may not work without the supervision of either the Location Manager or Assistant Location Manager except as provided for in this Agreement. Before being engaged as a Location PA, the Guild Member must have completed professional training courses including but not limited to propane certification and first aid. A Location PA must have a valid driver's licence permit.
(b) The Location PA’s duty is to assist the Assistant Location Manager in the performance of the functions and duties as outlined in article 11.17. In addition and without limitation such duties include: prepare the locations department vehicle; prepare the film locations with signage and protective coverings; ensure the equipment base areas, additional make-up & hair stations, background holding areas, washrooms, greenrooms and lunch areas are prepared; maintain a clean working environment; perform crowd and traffic control except where this work is customarily performed by police officers or by security personnel of a facility at which the photography takes place and which requires security personnel under its location agreement; and, distribute film notification letters and collect signatures if required by the location permit.
11.20 Location Support Personnel (LSP) (a) The LSP is engaged by Producer in consultation with the
Location Manager to assist the location department. (b) The LSP’s duties are primarily coning, lettering, and
monitoring Production equipment.
11.21 Production Coordinator (PC) (a) The Production Coordinator is engaged by the Producer in
consultation with the Production Manager. (b) Without limitation, among the duties which are assigned to
the Production Coordinator, are the coordination or participation in the following:
(i) The setting up and closing down of the Production Office, including the ordering of furniture, equipment, and supplies;
(ii) Preparation and distribution of crew and cast lists, call sheets, production reports, movement orders, and the distribution of shooting schedules, scripts, and script revisions;
(iii) The coordination of all travel, accommodation, work permits, visas, medical examinations, and immunizations for principal crew and cast, to conform with Producer insurance, and foreign travel requirements;
(iv) The ordering, importing and exporting of equipment, and booking of personnel as directed by the Production Manager;
(v) The pickup and delivery of equipment and personnel in conjunction with the transportation department; and
(vi) The shipment of film and sound tape to and from the laboratory and/or distant locations.
11.22 Assistant Production Coordinator (APC) (a) The Assistant Production Coordinator is engaged by the
Producer in consultation with the PM and PC to act as an
assistant to the Production Coordinator. (b) The duties of an Assistant Production Coordinator may
include, but are not limited to the supervision of or participation in typing, filing, answering the telephones, and related duties in maintaining an organized and efficient production office.
(c) Under no circumstances may an Assistant Production Coordinator work without the supervision of a Production Coordinator.
11.23 Trainee Production Coordinator)
The Trainee Production Coordinator (Production Secretary) is engaged by the Producer in consultation with the PM and the PC, as an assistant responsible to the Production Coordinator and the Assistant Production Coordinator. Under no circumstances may a Trainee work without the supervision of a Production Coordinator. Duties may include, but not limited to: typing, shipping and receiving, telephones, distribution of paperwork, filing.
11.24 Production Assistants (a) On-Set Production Assistant (On-Set PA)
The On-Set Production Assistant is engaged by the Producer to act as a general assistant responsible to the First Assistant Director. In addition to acting as a set runner, the Production Assistant will perform duties as assigned by the First Assistant Director.
(b) Office Production Assistant (Office PA)
The Office Production Assistant is engaged by the Producer and works directly with the Production Coordinator. The Office PA performs the duties requested by the Production Coordinator, Assistant Coordinator or Trainee Production Coordinator. Duties may include but are not limited to: photocopying, answering telephones, distribution of office paper work, filing and running errands.
ART DEPARTMENT
11.25 Production Designer (PD) (a) Requirement
The Production Designer is engaged by the Producer in consultation with the Director when the scale of or the approach to the Production requires special coordination between two (2) or more departments, which may include, but are not limited to the Art Department, set dressings, props, wardrobe, hair and make-up, camera, lighting, staging, Editing, special effects, Locations, Accounting and visual/digital effects executed in post-Production.
(b) Responsibilities
A Production Designer is responsible for the generation of set design sketches and renderings; location selections and treatments; and design concepts relating to set decoration, properties, special effects, lighting, costuming, make-up and hair. The Production Designer collaborates with the Producer, Director and the Director of Photography to realize these elements on film. The Production Designer may work with the Director and the Director of Photography in the determination of key shots and applicable visual/digital effects. In conjunction with the Producer and the Director, a Production Designer establishes Production Budgets and schedules. Working through the Art Director and the applicable department heads, a Production Designer achieves the style of a Motion Picture Production.
11.26 Art Director (ART) (a) The Art Director is engaged by the Producer in consultation
with the Director and the Production Designer to coordinate the preparation and execution of all of the visual elements of the production including, without limitation: the design and preparation of drawings and sketches for all sets and shooting locations, construction, graphics and set decoration; and the design approach on all set decoration, properties, special effects, lighting, costuming, make-up and hair. An Art Director is responsible for the administration of the budget for the Art Department and for the preparation of the script
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breakdown, in liaison with the Art Department Coordinator. (b) An Art Director working under a Production Designer
functions as the Production Designer's representative on set, in the wardrobe, hair and make-up departments, and in the construction workshop. The Art Director makes decisions based on the Production Designer's information and works under the supervision of the Production Designer. In such circumstances, an Art Director may perform the work functions of a Set Designer.
11.27 First Assistant Art Director/Set Designer/Graphic Designer (1AR)
The First Assistant Art Director/Set Designer/Graphic Designer is selected by the Producer in consultation with the Art Director and/or Production Designer, and is engaged by the Producer to perform those duties delegated by the Art Director and/or Production Designer. The First Assistant Art Director/Set Designer/Graphic Designer may function as the Art Department’s representative on set, in the wardrobe, hair and make-up departments, and in the construction shop and makes decisions based on the Art Director's information. A First Assistant Art Director/Set Designer/Graphic Designer is in charge of the "drawing" functions of the Art Department and is an experienced draftsperson and/or graphic artist who is familiar with Art Department budgeting and workflow. The First Assistant Art Director/Set Designer/Graphic Designer may also be referred to and credited as the Graphic Designer.
For greater clarity, a First Assistant Art Director/Set Designer/Graphic Designer shall be able to: draw original sets or graphics; draw up modifications of existing locations to make a set; and, work unsupervised in consultation with the Art Director and/or Production Designer.
11.28 Second Assistant Art Director (2AR) (a) The Second Assistant Art Director is engaged by the
Producer in consultation with the head of the Art Department to perform duties delegated by the head of the Art Department or by the First Assistant Art Director/Set Designer.
(b) Without limitation, a Second Assistant Art Director may be assigned duties which include drafting, drawing floor-plans, measuring, surveying, photographing locations, assembling visual research materials, and graphic design.
(c) For greater clarity a Second Assistant Art Director must be able to: measure and draw up floor plans of existing locations; alter, re-size or reconfigure an existing graphic; and, perform minor finishing work on a rendering from the First Assistant Art Director/Set Designer/Graphic Designer.
11.29 Third Assistant Art Director (3AR)
The Third Assistant Art Director is engaged by the Producer in consultation with the head of the Art Department as a general assistant to the Art Department to perform duties delegated by the head of the Art Department or by the First Assistant Art Director/Set Designer or by the Second Assistant Art Director.
11.30 Art Department Coordinator (ADC)
The Art Department Coordinator is engaged by the Producer in consultation with the head of the Art Department.
Without limitation, among duties which are assigned to the Art Department Coordinator are the coordination and participation in setting up and closing down the Art Department office, assisting the Art Director, Production Designer and/or Set Designer in clerical aspects of tracking and inputting budget information, obtaining clearances and product placement and the coordination of supplies for the department.
11.31 Trainee Assistant Art Director (ADA)
The Trainee Assistant Art Director is engaged by the Producer in consultation with the head of the Art Department as a general assistant to the Art Department while being provided with training. The Trainee Assistant Art Director assists in completing tasks without carrying the responsibility for a finished product.
For greater clarity, the Trainee Assistant Art Director may be required to drive a Production vehicle for pick-ups and deliveries for the Art Department, and assist other members of the Art
Department such as performing some minor graphics or minor drafting duties.
PICTURE EDITING DEPARTMENT
11.32 Supervising Picture Editor (SPE) (a) The Supervising Picture Editor is engaged by the Producer in
consultation with the Director to be responsible for the preparation and organization of all post production visual elements of the Motion Picture. The Supervising Picture Editor shall consult and collaborate with the head of the Sound Editing Department through to the delivery of the final product. The Supervising Picture Editor shall consult with and collaborate with the Producer for the purpose of achieving an efficient, effective and economical Picture Editing of the Motion Picture.
(b) A Supervising Picture Editor may perform any of the work functions of a Picture Editor, in which case the higher of the applicable minimum rate(s) for the classification of Supervising Picture Editor, Picture Editor or Editor, as the case may be, as prescribed by this Agreement for the given type of Motion Picture will prevail.
(c) A Supervising Picture Editor may perform the work functions of a Supervising Sound Editor, in which case the higher of the applicable minimum rate(s) for the classification of Supervising Sound Editor, Sound Editor or Editor, as the case may be, as prescribed by this Agreement for the given type of Motion Picture will prevail.
11.33 Picture Editor (PE) (a) The Picture Editor is engaged by the Producer, in
consultation with the Director, to be responsible for the operation, coordination, and supervision of all aspects of the Picture Post Production Period. If no Supervising Picture Editor is engaged by the Producer and if more than one (1) Picture Editor is engaged by the Producer then, unless otherwise designated by the Producer in writing, the first Picture Editor engaged by the Producer shall be deemed to be the head of the Picture Editing Department.
(b) Responsibilities of the Picture Editor include but are not limited to:
(i) The editing of all material on film, videotape or digital medium;
(ii) All department staff including post-Production personnel are engaged by the Producer in consultation with the Picture Editor, and fall under the supervision of the Picture Editor;
(iii) Consult on the post-Production budget and post-Production schedule;
(iv) Coordinate technical and information requirements of the Picture Editing Department with the camera department, script supervisor, location sound recordist, location playback department, visual effects department and post-Production Sound Editing Department;
(v) In conjunction with the Producer and the First Assistant Picture Editor, coordinate with all required post-Production facilities such as labs, video transfer houses, optical and digital fx houses, mixing and screening facilities, digital intermediate facilities and negative cutters;
(vi) In the absence of a visual fx supervisor the Picture Editor will supervise all optical and digital visual fx in consultation with the Director and Producer;
(vii) The Picture Editor shall be present at test screenings to ensure a proper technical presentation is achieved and to gauge the audience response;
(viii) The Picture Editor, if available, shall participate and consult with the Director and the Sound Editing Department in the Sound Post Production Period process. This may include dialogue evaluation, ADR, music spotting, music scoring and the final sound mix;
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(ix) The Picture Editor shall participate in the final colour timing or colour correction process in conjunction with the Director and the director of photography; and,
(x) The Picture Editor shall approve the final print master or video to ensure the picture has been correctly conformed, neg cut or digitally mastered.
11.34 First Assistant Picture Editor (1PE) (a) The First Assistant Picture Editor is engaged by the Producer
in consultation with the head of the Picture Editing Department.
(b) Duties include, but are not limited to:
(i) Liaise with production office;
(ii) Contact and coordinate with the film labs and video transfer houses;
(iii) Set up Telecine specifications with the video house (film or video projects);
(iv) Set up and coordinate the edit suites for film and non-linear projects;
(v) Set up and maintain project requirements within the non-linear systems (including instances in which production houses are utilized in the synching of Dailies);
(vi) Coordinate/supervise the logging, screening, and digitising of Dailies and distribution of Dailies tapes;
(vii) Set up and coordinate film screenings and video sessions with the selected post houses;
(viii) Research and acquire all required stock shots and playback materials;
(ix) Set up post production schedules, under the supervision of Editor (particularly if there is no post supervisor);
(x) Create EDLs, neg cut lists, and optical lists;
(xi) Order opticals and supply all purchase orders;
(xii) Supervise / coordinate the completion and delivery procedures for film and video projects (answer prints, on-line conforms, etc.);
(xiii) Oversee the tear-down and proper archiving and shipping of collected materials (film, tapes, paperwork, etc.) at the end of production and/or post-production;
(xiv) Daily timings;
(xv) Sourcing temp music and sdfx;
(xvi) Cutting-in sfx and opticals;
(xvii) Taking notes during screenings (Dailies, Director’s cut, Producer’s cut, etc.);
(xviii) Assist the Producer if the Editor is unavailable;
(xix) When possible, the First also engages in the actual marking, popping, synching, digitising of dailies and preparation of paperwork (the "hands-on" duties of the cutting room);
(xx) Troubleshoot technical problems; and
(xxi) Coordinate and supervise the Assistant(s) and in the Editing Department and ensures adherence to proper professional conduct and standards.
11.35 Assistant Picture Editor (APE) (a) The Assistant Picture Editor is engaged by the Producer in
consultation with the head of the Picture Editing Department. (b) The duties of the Assistant Picture Editor include, but are not
limited to:
(i) Assists in the day-to-day running of the editing room;
(ii) Assists in preparing (by digitizing, re-digitizing, synching in linear and non-linear and/or print format, checking synch in any format, logging, marking, checking numbers, popping and coding) picture and sound elements for editing, screening, or transfers to various formats (tape, etc.) and making dubs as required;
(iii) Assists in ordering of materials (retransfers, reprints, editing supplies, stationary, tape stock etc.);
(iv) Maintains the system of organization (e.g. continuity, marked script, camera and sound reports, Dailies tapes, updating scripts, and any other editorial paperwork), established by the head of the Picture Editing Department.
(v) Where required, assists in additional non-linear duties: helping prepare database layout for Dailies screening notes; making screen notes using date from continuity and computer files provided with telecine material;
(vi) Assists in communicating with other departments, service providers and transfer houses and, where required, may issue and deliver editorial memos etc.;
(vii) Assists in the packing and shipping of elements; and the shipping of dailies/cuts to Producers in any format;
(viii) Issues purchase orders to various facilities (for transfer, stock footage, FX, etc.) under the supervision of the head of the Picture Editing Department;
(ix) Assists in maintaining petty cash;
(x) Creates a one-liner of scenes in cut order for screenings in any format; and,
(xi) In preparation for screenings, assists in pulling selects and reference clips, in whatever format the show is utilizing.
(c) For every shooting day for which film is sent to a lab and where the duties of an Assistant Picture Editor include assisting in the prepping and projection of print Dailies and may also include organizing edge coding, filing of trims and other such duties, the Assistant Picture Editor will be upgraded to no less than the applicable rate as set out in the applicable District Council Schedule.
11.36 Post Production Assistant (Post PA) (a) The Post PA is engaged by the Producer in consultation with
the head of the Picture Editing Department. (b) The Post PA's duties include, but are not limited to:
(i) running errands to the lab, screening room, transfer house, neg cutter, special effects house, telecine facilities, etc.;
(ii) helping prepare paperwork, packing and shipping, making deliveries and pickups; and,
(iii) typing, filing, handling the phones.
11.37 Post Production Supervisor (PPS)
The Post Production Supervisor (PPS) supervises the entire post production process on a Motion Picture.
11.38 Post Production Coordinator (PPC)
The Post Production Coordinator coordinates the entire post production process on a Motion Picture.
SOUND EDITING DEPARTMENT
11.39 Supervising Sound Editor (SSE) (a) The Supervising Sound Editor is engaged by the Producer in
consultation with the head of the Picture Editing Department to be responsible for the preparation and organization of all sound elements of the Motion Picture The Supervising Sound Editor shall consult and collaborate with the Producer for the purpose of achieving an efficient, effective and economical sound editing of the Motion Picture.
(b) A Supervising Sound Editor may perform any of the work functions of a Sound Editor including, without limitation, those of a Dialogue Editor, Post-Synch Dialogue Editor, Effects Editor, Foley Editor or Music Editor, in which case the highest of the applicable minimum rates for the classification of Supervising Sound Editor, Sound Editor, or Editor will prevail.
11.40 Sound Editor (SE) (a) The Sound Editor is engaged by the Producer in consultation
with the head of the Sound Editing Department, to coordinate, create and make sound effects, to synchronize and assemble sound effects tracks and prepare dialogue tracks for the purpose of re-recording, including the
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synchronization of post-synchronized dialogue tracks to visual action. If no Supervising Sound Editor is engaged by the Producer, then the Sound Editor first engaged in writing by the Producer shall be the head of the Sound Editing Department.
(b) The work functions of a Sound Editor will include, without limitation, any and all of the work functions of a Dialogue Editor, Post-Synch Dialogue Editor, Effects Editor, Foley Editor and/or Music Editor, in which case the applicable minimum rates for the classification of Sound Editor shall prevail, except as otherwise expressly provided by this Agreement. A Dialogue Editor, Post-Synch Dialogue Editor, Effects Editor, Foley Editor and/or Music Editor shall be deemed to be a Sound Editor for the purposes of this Agreement and shall be subject to all of the provisions of this Agreement.
11.41 First Assistant Sound Editor (1SE) (a) A First Assistant Sound Editor is engaged by the Producer in
consultation with the Editor to assist a Supervising Sound Editor, Sound Editor, Effects Editor, Dialogue Editor or ADR Editor.
(b) The duties of a First Assistant Sound Editor as assigned will be performed under the immediate coordination, direction and/or supervision of the Editor. The duties of a First Assistant Sound Editor shall include but are not limited to:
(i) loading and conforming the audio;
(ii) sourcing and loading and in some cases assisting in the recording of sound effects;
(iii) being aware of and up to date with all applicable schedules (e.g. ADR recording, pre-mixes, mix, final mix etc.);
(iv) assisting in the scripting, preparation and loading of post sync dialogue;
(v) assisting in preparing and printing of sound cue sheets for dialogue, sound effects and post sync dialogue;
(vi) laying back the edited elements to a medium which the pre-mixes and final mix will be using and delivering these elements to the theatre where the pre-mixes and final mix shall take place;
(vii) packaging all the elements to be returned to the production office; and,
(viii) coordinating, directing or supervising the Second Assistant Sound Editor and Trainee Assistant Sound Editor.
(c) A First Assistant Sound Editor may also perform any or all of the work functions of a Second Assistant Sound Editor, in which case the higher of the applicable minimum rates will prevail.
(d) A First Assistant Sound Editor shall not synchronize sound, dialogue or post-synchronized dialogue, sound effects, foley tracks or music tracks, of any nature, for the purpose of re-recording except under the immediate coordination, direction or supervision of the Editor.
11.42 Second Assistant Sound Editor (2SE) (a) A Second Assistant Sound Editor is engaged by the
Producer in consultation with the head of the Sound Editing Department to assist a First Assistant Sound Editor
(b) The duties of a Second Assistant Sound Editor as assigned will be performed under the immediate coordination, direction and/or supervision of the First Assistant Sound Editor A Second Assistant Sound Editor shall be responsible for:
(i) loading sound effects into the specific editing platform;
(ii) loading tapes or other source material into an auto conform situation;
(iii) ‘tagging’ or labelling all synchronized elements; and, (iv) printing dialogue, post sync dialogue and sound effects
cue sheets.
(c) A Second Assistant Sound Editor shall not perform any of the duties of a First Assistant Sound Editor except under the immediate coordination, direction and/or supervision of the
First Assistant Editor.
11.43 Trainee Assistant Sound Editor (TASE) (a) A Trainee Assistant Sound Editor is engaged by the
Producer in consultation with the head of the Sound Editing Department to be trained as an Assistant Sound Editor.
(b) The duties of a Trainee Assistant Sound Editor shall be performed under the immediate coordination, direction or supervision of the First Assistant Sound Editor.
(c) The demands placed on a Trainee should be reasonable; a Trainee’s purpose in the editing room is to be trained.
(d) May also be referred to or credited as the Editing PA or Post Production Assistant.
11.44 Dialogue Editor
A Dialogue Editor is engaged by the Producer as a person responsible, without limitation, for any or all of the following work functions:
(i) splitting and assembling of edited original soundtrack for the purposes of re-recording;
(ii) augmenting original recorded soundtracks with appropriate extensions and inserts to ensure that background sound is continuous and even;
(iii) selecting and fitting alternate sections from original recorded soundtracks for the purpose of enhancing the performance and effectiveness of the final dialogue soundtrack; and,
(iv) fitting location "wild" track sound in order to minimize addition of post-synchronized dialogue.
11.45 Post-Synch Dialogue Editor
A Post-Synch Dialogue Editor, also known as Loop Editor, Dubbing Editor or ADR Editor, is engaged by the Producer as a person responsible for the preparation, recording and synchronization of post-synchronized dialogue replacement and/or additional dialogue for the purpose of re-recording.
11.46 Effects Editor
An Effects Editor is engaged by the Producer as a person responsible for the selection, creation, assembly and/or synchronization of sound effects for the purpose of re-recording.
11.47 Foley Editor
A Foley Editor is engaged by the Producer as a person responsible for the preparation, creation, recording and synchronization of all post-synchronized sound effects for the purpose of re-recording.
11.48 Music Editor (ME)
A Music Editor is engaged by the Producer as a person responsible for the preparation of the materials for the purpose of music recording and the synchronization and assembly of music tracks for the purpose of re-recording.
ACCOUNTING DEPARTMENT
11.49 Production Accountant (AUD) (a) The Production Accountant is a Guild Member engaged by
the Producer and is responsible for the coordination, supervision and operation of the Accounting Department in accordance with standard industry practice and standard business procedures.
(b) Duties include but are not limited to a thorough working knowledge of industry specific production requirements, accounts payable, petty cash, journals, account books to trial balance, cost reporting, hot costs, budgeting, cash flows, production schedules and reports, tax considerations, financial structures, reporting requirements for all available tax incentive regimes, and studio and government audit requirements.
(c) The position also requires organizational skills and administrative abilities commensurate with those normally associated with a head of department in any large business organization. This includes knowledge of other production departments and an ability to effectively communicate with other department heads. In addition, the duties of the Production Accountant may include formal communication
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with the Producer(s) and the parent company and/or distributor.
(d) The Production Accountant shall be bondable.
11.50 First Assistant Production Accountant (1AA General) (a) The First Assistant Production Accountant (General) is a
Guild Member engaged by the Producer, in consultation with the Production Accountant.
(b) The position of First Assistant Accountant (General) shall require organizational and administrative abilities normally required in the organization, maintenance and supervision of a Production Accounting office.
(c) Duties include but are not limited to a thorough working knowledge of production accounting software, Guild, District Council and Government regulations required in the preparation of crew and cast payroll, reporting requirements for all available tax incentive regimes, and studio and government audit requirements, posting of all journals into the ledger, preparation of accounts to trial balance, accounts payable, payroll, petty cash, bank reconciliations and all record keeping and other related duties associated with day-to-day operations of Production Accounting.
(d) The First Assistant Production Accountant (General) shall be bondable.
(e) Nothing precludes accounting personnel from performing duties in other classifications provided it is for training purposes.
11.51 First Assistant Production Accountant (1AA Payroll) (a) The First Assistant Production Accountant (Payroll) is a Guild
Member engaged by the Producer, in consultation with the Production Accountant.
(b) The duties of the Payroll First Assistant include but are not limited to, the processing of the cast and crew payroll, and shall not preclude the necessity of fulfilling the requirements and qualifications of a First Assistant Production Accountant (General).
(c) The First Assistant Production Accountant (Payroll) shall be bondable.
(d) Nothing precludes accounting personnel from performing duties in other classifications provided it is for training purposes.
11.52 Second Assistant Accountant (2AA) (a) The Second Assistant Accountant is a Guild Member
engaged by the Producer in consultation with the Production Accountant.
(b) The duties of the Second Assistant Accountant as delegated by the Production Accountant or First Assistant Accountant in consultation with the Production Accountant include but are not limited to data entry, preparation of accounts payable, invoices and purchase orders, petty cash, payroll calculation, and journals etc.
(c) The Second Assistant Accountant shall be bondable. (d) Nothing precludes accounting personnel from performing
duties in other classifications provided it is for training purposes.
11.53 Third Assistant Accountant (a) The Third Assistant Accountant is a Guild Member engaged
by the Producer in consultation with the Production Accountant.
(b) The duties of the Third Accountant include but are not limited to, data entry, processing of cheques, filing, auditing petty cash envelopes and other duties assigned by the Production Accountant.
(c) The position requires a working knowledge of production accounting software and general computer literacy. As well, a working knowledge of basic accounting procedures is a prerequisite.
(d) Nothing precludes accounting personnel from performing duties in other classifications provided it is for training purposes.
11.54 Trainee Assistant Accountant (AT) (a) The Trainee Assistant Accountant is a Guild Member
engaged by the Producer in consultation with the Production
Accountant. (b) The duties of the Trainee Assistant Accountant will be
delegated by the Production Accountant. The position requires familiarity with bookkeeping practices, literacy, computer literacy and a willingness to learn.
(c) Nothing precludes accounting personnel from performing duties in other classifications provided it is for training purposes.
11.55 Post Production Accountant (PPA)
If engaged, a Post Production Accountant shall be engaged after the "wrap out cost report" has been completed and production accounting records have been turned over to the corporate entity or parent company.
12.00 CONTRACT FOR SERVICES
12.01 Contract for Services Required (a) Within a reasonable time after engaging any Guild Member
and in any event no later than the first payday an individual written Contract for Services in the form set out in Schedule 1 or 8 hereto must be signed by a responsible Production executive of the Producer and by the Guild Member and filed with the District Council. The Contract for Services shall contain the following information: name, home address, social insurance number, date of engagement, compensation rate, name of Motion Picture, ISAN and/or V-ISAN number, individual Episode name and number, if applicable and basis of engagement (i.e., daily, weekly, specific term or extended term).
(b) The terms of a Contract for Services shall be subject to the terms and conditions of a letter of variance, in accordance with those terms effective on the date that the letter of variance is signed by the Producer and the District Council, unless the letter specifies otherwise. For greater clarity, no Guild Member shall be required to repay any compensation paid prior to the effective date of the letter of variance.
(c) The Producer and the Director must execute the Director’s Contract for Services not later than the first Day of principal photography, or seven (7) Days after the commencement of the Director’s engagement, whichever comes first.
12.02 Application to Existing Contract for Services
Nothing herein is deemed to modify or affect the terms of any existing Contract for Services which are more favourable to the Guild Member than those contained in this Agreement.
12.03 Provisions of Contract for Services Subject to Grievance and Arbitration
Subject to article 10.02, the parties may only refer disputes over the provisions of a Contract for Services to the grievance and arbitration procedure under this Agreement .
12.04 Type of Engagement
Except as specifically provided for in any District Council Schedule, each Guild Member must be engaged for only one (1) of the following guaranteed periods: daily, weekly, specific term or extended term. The type of engagement of each Guild Member must be specified in the Contract for Services.
12.05 Terms of Standard Agreement are Minimums
The terms and conditions herein are minimums and not maximums. No variation of the minimum terms and conditions prescribed by this Agreement shall be requested of any Guild Member except through the District Council. Nothing shall prevent a Guild Member from negotiating with a Producer better terms and conditions of engagement than those provided by this Agreement.
12.06 Grievance and Arbitration
The grievance and arbitration procedures herein shall not be subject to negotiation between any Guild Member and the Producer.
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12.07 No Contract for Services to Contravene the Standard Agreement
No Guild Member and no Producer shall enter into any Contract for Services which in any way contravenes any of the provisions of this Agreement and all terms of any letter of variance. Accordingly, all of the provisions of this Agreement shall be deemed to be incorporated, as if set forth in full in writing, into the Contract for Services of each Guild Member subject to article 13.01 (b), for the entire term of the engagement. It is further agreed that the Contract for Services of each Guild Member shall be deemed to be incorporated, as if set forth in full in writing, into this Agreement. In addition, neither a Guild Member nor a Producer may waive any minimum term or condition of this Agreement without the prior written approval of the District Council.
12.08 No Deferment of Minimum Compensation
There shall be no deferment of any part of the minimum compensation prescribed by this Agreement, without the prior express written consent of the District Council. Compensation in excess of the minimums prescribed by this Agreement may be deferred by prior express written agreement between a Guild Member and the Producer.
12.09 Authority (a) A Contract for Services must be executed by each Guild
Member and a representative of the Producer who is so authorized provided that the representative is not a Guild Member engaged pursuant to this Agreement.
(b) The Producer representative executing the Bargaining Authority and Voluntary Recognition Agreement hereby warrants he or she is not engaged pursuant to this Agreement.
(c) A Guild Member engaged pursuant to this Agreement will not be granted the authority, nor assigned the responsibility to:
(i) sign any notices required to be given or sent pursuant to this Agreement; or,
(ii) sign adherence or any other documents on behalf of the Producer.
12.10 Original Copies and Form of Contract for Services (a) The Producer and the Guild Member will execute the
Contract for Services and the Producer will provide a copy of same to the Guild Member. A copy of the Contract for Services is deemed effective for all purposes under this Agreement as if it were original. The Contract for Services may be executed in counterparts and by facsimile or other electronic means and will be deemed effective as if it were the original document.
(b) A copy of each Contract for Services, together with a copy of each so-called "Production or Corporate Contract for Services" or "long form Contract for Services or Contract" signed by every Guild Member shall be forwarded by the Producer to the District Council as soon as possible after execution.
12.11 Contract for Services No Less Favourable Than the Standard Agreement
The following term shall be deemed to be included in every Contract for Services regardless of whether or not it complies with the applicable standard form Contract for Services: "All of the provisions of this Contract for Services are subject to and must provide no less than the terms and conditions of the Standard Agreement".
12.12 Contract for Services - Start Date (a) The commencement date of the term of the Contract for
Services is known as the start date. Each Contract for Services must specify the start date. The start date shall, unless otherwise agreed by the Guild Member, not be delayed by more than seven (7) days.
(b) Unless otherwise agreed by the Guild Member, should the start date be delayed more than seven (7) days, then the Guild Member’s Contract for Services will be deemed to have been terminated without cause by the Producer and the Producer will pay one (1) week’s Gross Remuneration and
outstanding expenses. If the Guild Member is re-engaged at a later date, then there is no obligation to repay these monies.
(c) There shall be no variation in the start date of a Guild Member engaged on a daily basis.
12.13 Contract for Services - Finish Date
The terminal date of the Contract for Services is known as the finish date. Each Contract for Services for a Guild Member engaged on a specific term or extended term basis must specify the finish date. The Contract for Services for a Guild Member engaged on a daily or weekly basis shall not require a specified finish date.
12.14 Extension, Renewal or Option (a) Where a Contract for Services contains provision for its
extension or renewal, or an option clause with respect to same, the Contract for Services must specify the length of the extension, renewal or option period.
(b) Where a Guild Member is engaged on a specific term or extended term engagement, the Producer must give the Guild Member at least two (2) weeks' written notice of the Producer's intention to exercise its option or to extend or renew the Contract for Services.
(c) A failure by the Producer to provide the required notice herein shall at the sole option and in the sole discretion of the Guild Member render any option, renewal or extension clause null and void.
(d) Where a Contract for Services does not contain provision for its extension or renewal, or an option clause with respect to same, and the Producer and Guild Member wish to extend or renew the Contract for Services, then the Producer and Guild Member must specify in writing the type of engagement in accordance with article 12.04, and the terms of the extension or renewal, including the length thereof.
(e) The remuneration of the Guild Member during any extension or renewal period must be at least equal to the pro rated amount of the remuneration specified during the term of the Contract for Services.
12.15 Loan-out Corporation
This Agreement will apply equally in all respects to a Contract for Services made between a Producer and a Loan-out Corporation, and a Contract for Services made directly between a Producer and a Guild Member.
12.16 Confidentiality Language
The following language shall be deemed to be included in a Production Manager and Production Accountant’s Contract for Services:
"You will be entrusted with detailed information respecting the Producer's business, the disclosure of which would be harmful to the Producer’s interest and as such agree to keep all such information confidential. You acknowledge and agree that the right to maintain such detailed information constitutes a property right, which the Producer is entitled to protect. Accordingly, you will not without prior written consent of the Producer, during the term of this Agreement and subsequent to its termination, copy by any means, disclose, directly or indirectly, to any third party any confidential information relating to the Producer."
12.17 Director’s Contract for Services and Media Uses
(a) The Producer and the Director must execute the Director’s Contract for Services not later than the first Day of principal photography, or seven (7) Days after the commencement of the Director’s engagement, whichever comes first.
(b) Other than Productions at tiers E and F, the Producer must specify in the Director’s Contract for Services the media uses of the Motion Picture for which the rights acquisition fee is being provided
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13.00 NOTICE OF LAY-OFF OR REPLACEMENT, FORCE, MAJEURE, RECALL AND DISCHARGE
13.01 Force Majeure (a) If a Production is prevented or interrupted by reason of:
(i) natural causes, such as acts of God, fire, earthquake, hurricane, and floods;
(ii) emergency governmental regulation or order;
(iii) Injury to, or bona fide illness of a leading cast member or the first unit Director; or
(iv) riot, war or such other cause beyond the reasonable control of the Producer, then the minimum guarantee provided for that current week shall be reduced to the extent necessitated by such contingency.
(b) In such circumstance, the Producer shall furnish a statement in writing to the District Council as to the reason for the force majeure. If the District Council believes the force majeure declaration to be unjust or unreasonable, it may file a grievance with respect to the declaration under the grievance and arbitration procedure of this Agreement.
(c) At its own discretion, the District Council shall have the right to convert to its own use the performance bond posted by the Producer to defray any unpaid financial obligations of the Producer to any Guild Member or the District Council outstanding as of the date of invocation of any bona fide force majeure.
13.02 Recall for Services
If a Guild Member is recalled, or engagement is extended, for any reason, including but not limited to retakes, added scenes, sound track, process shots, transparencies, trick shots, trailers, changes, or for any other purpose, the Producer shall adhere to all the terms and conditions hereof. These terms and conditions shall continue to be in effect until the work of the affected Guild Member is completed. The Contract for Services of the Guild Member recalled shall also be in effect. The Guild Member, unless bound by a Contract for Services, can refuse to accept a recall assignment.
13.03 Discharge (a) A Producer shall not discharge or otherwise terminate a
weekly Guild Member prior to the end of the work week, without just and reasonable cause. A Producer shall promptly give the District Council notice in writing of such action. If the District Council believes the action to be unjustified, the District Council may submit the matter as a grievance under this Agreement. An arbitrator shall have the power to order reinstatement of the Guild Member with or without full compensation, to award damages in lieu of reinstatement, or to sustain the discharge.
(b) If a Guild Member is discharged or terminated for just and reasonable cause, the Producer shall replace that Guild Member with another qualified Guild Member. In no event shall any such action result in a reduction of the total crew personnel.
(c) The Producer will not discharge, nor discipline any Guild Member who advises the Producer that the Guild Member will not comply with an order, directive, or assignment that is unlawful, unsafe or which is known by the Guild Member to be a violation of a location permit or any other collective agreement to which the Producer is signatory.
13.04 Procedure for Discipline and Discharge
The following procedure shall apply if a Producer contemplates taking disciplinary action against a Guild Member.
(a) If a meeting for disciplinary purposes results in an oral warning, the date and nature of the warning shall be noted by the individual Producer in charge. The Producer shall provide the Guild Member with a copy of any written warning or adverse report affecting that Guild Member. Any reply by that Guild Member shall become part of the Guild Member’s work record. No warning shall be passed from one Producer to another.
(b) Prior to imposing a written warning or effecting a discharge,
the Producer shall inform the District Council, and if the Guild Member so requests, a representative of the District Council shall be entitled to be present and to participate at any disciplinary meeting where the Guild Member is advised of the written warning or discharge.
(c) On request, and within forty-eight (48) hours of that request, the Producer shall provide the District Council and the Guild Member with detailed written reasons supporting the discharge.
(d) The parties agree that progressive discipline may consist solely of oral and written warnings, and discharge if the Guild Member does not respond constructively to the warnings. In all matters of discipline and discharge, the Producer shall have the burden of proof to prove that the actions or in-actions of the Guild Member occurred and were wrongful, that adequate warning and appropriate progressive discipline was administered to try to correct the problem, and that the punishment is just and reasonable.
13.05 For the purpose of article 13.00, and any lay-off or replacement provisions in a Schedule, the definition of Gross Remuneration set out in article 1.27 shall be amended to include insurance and retirement contributions, and where specified, to include all expenses such as, but not limited to per diem allowance, travel costs and amounts for vehicle and equipment rentals as outlined in each District Council Schedule.
13.06 With respect to the "guaranteed" periods of engagement set out in article 12.04, the Producer is obligated to "pay or play" and shall either engage the Guild Member for the entire period in question and pay the Member all Gross Remuneration and expenses to which the Member is entitled under this Agreement for that period as those expenses and remuneration fall due or pay all Gross Remuneration and expenses in accordance with the provisions of this article 13.00.
13.07 Except as provided herein, if the Guild Member is terminated before the completion of the "guaranteed" period, the Producer shall, four (4) business days of termination: (a) pay to the Member a lump sum equal to all of the Gross
Remuneration to which the Member would otherwise be entitled under this Agreement for the balance of the "guaranteed" period, without any deduction for mitigation; and,
(b) pay to the District Council a lump sum equal to all of the Remittances to which the District Council would otherwise be entitled under this Agreement for the balance of the "guaranteed" period.
13.08 The Producer shall not be required to include in the lump sum specified in article 13.07 any Gross Remuneration which is contingent or deferred; however, the Producer shall pay any deferred or contingent remuneration and any applicable District Council Remittances upon satisfaction of any conditions relating thereto.
13.09 Articles 13.06 and 13.07 shall not apply if the Guild Member is terminated for just and reasonable cause or due to force majeure, except that the Producer shall pay all Remittances to the District Council and all Gross Remuneration and expenses to the Guild Member outstanding at the date of termination.
13.10 A Guild Member is not required to mitigate his damages if the Member is terminated before the completion of the guaranteed period and there shall be no deduction from Gross Remuneration payable to the Member on account of such mitigation.
13.11 If a Guild Member working on Distant Location is terminated, the Guild Member shall be entitled to room and board at no cost until return transportation to the studio zone is made available.
14.00 PAYMENT OF COMPENSATION AND SECURITY FOR PAYMENTS
14.01 Payroll Period
For the purposes of uniformity, the payroll period shall be from 12:01 a.m. of the first (1st) day of the work week to 12 midnight of the seventh (7th) day of the work week, and all times shall be computed in one quarter (1/4) hour increments. The Producer will
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make and remit the appropriate deductions in accordance with article 4.02. The aforementioned deductions will not be required for Guild Members who furnish their services through a Loan-out Corporation providing direct payments on their behalf. The Guild Member will furnish proof of compliance if requested. The Producer shall not make deductions from any such compensation unless authorized by statute, court order, arbitration award, or this Agreement.
14.02 Pay day
Guild Members shall be paid no later than the fourth (4th) work day following the week worked, except as modified by any District Council Schedule. If a Saturday, Sunday, or holiday falls on a regular paid day, payment will be made on the preceding work day. Every effort will be made by the Producer to distribute pay cheques to the Guild Members during their shifts that day. If, for any reason, this is not feasible in the case of any individual or group of Guild Members, the Guild Members involved shall be so notified by the Production Manager before the end of their shifts and advised as to the time when their pay cheques will be available. In any such case, the pay cheques shall be given to the Production Manager or designate for distribution.
14.03 Method of Compensation Payment
All compensation payments shall be made by cheque, or cash evidenced by a written voucher receipted by the person to whom such cash is paid. The Guild Member's pay envelope or pay cheque stub shall bear the following information: the Guild Member’s name and classification, the regular and overtime hours worked and the compensation earned during the pay period, and itemization and identification of all deductions, and the net amount of the cheque or cash received by the Guild Member.
14.04 Payroll Service
The Producer must establish a local "pay office". In the event that the Producer uses a payroll company or other outside person, or entity (herein referred to collectively as the "payroll service") to handle or facilitate the payment of compensation or other benefits to or on behalf of a Guild Member, the Producer agrees and acknowledges that it remains liable and responsible for compliance with this Agreement.
14.05 Producer’s Obligations Upon Termination (a) With the exception of a Guild Member engaged through a
Loan-out Corporation, whenever the employment insurance separation certificates and pay cheques are not given to the Guild Member at the time of termination, they shall be sent by the Producer to the Guild Member four (4) business days of the time of termination.
(b) As directed by the Guild Member, a cheque sent by registered mail to the address of the Guild Member or the District Council office, as the case may be, within the time as required above, is payment hereunder.
14.06 Time-Keeping
The Producer shall maintain an adequate system of time-keeping to record the times that an Guild Member reports for and leaves work each day. The Guild Member’s starting and finishing times, meal periods or allowances, and rate changes (if any) shall be shown on the time card. Any items changed after the time card is completed must be reviewed with the Guild Member. The time records and all records under article 14.07 shall be open to inspection by a duly authorized representative of the District Council at reasonable times and on giving the Producer reasonable notice, and all of these records shall be kept in the territorial jurisdiction of the District Council at an address which shall be provided to the District Council in writing.
14.07 Records
Each payroll period, the Producer's payroll department or service will supply the District Council office with the name, classification, and, with the exception of Loan-out Corporations, the social insurance number of each Guild Member and a breakdown of gross compensation, hours, fringe benefit payments, total days worked, overtime, turnaround, sixth and seventh days worked, payment as or in lieu of annual vacation pay, retirement pay, deductions made and the remuneration. Additionally, Guild
Members engaged through a Loan-out Corporation are required to provide Production with their GST or HST number, as applicable.
14.08 Financial Difficulties and Payroll Failures (a) Where the Producer fails to pay compensation and benefits
in accordance with this Agreement, a Guild Member may refuse to work, but only with the prior permission of the District Council, and except
(i) as provided in article 16.02, Health and Safety - Guild Member Prerogative; or
(ii) in cases where the failure to pay is as a result of bona fide dispute or error.
(b) If the Guild Members are not paid within five (5) business days of the end of the preceding work week, the District Council may claim upon written notice to the Producer against the monetary guarantee or bond on behalf of such Guild Members, if not prohibited by law or court order.
(c) The Producer must replenish the bond and pay any outstanding compensation and benefits before requesting the Guild Members to return to work.
(d) A Guild Member’s refusal to work under article 14.08 is not a breach of this Agreement, or the Guild Member’s Contract for Services.
(e) If the Guild Member refuses to work under article 14.08, then the Producer will not:
(i) institute any disciplinary or other action;
(ii) consider the refusal to work to be resignation of the Guild Member’s engagement; or
(iii) seek damages from a Guild Member or the District Council
14.09 Security for Payments Due During Production (a) Requirement for Security
The District Council is entitled to require a Producer to post, no earlier than thirty (30) days prior to the commencement of work by the Guild Members, a security for payment sufficient to cover two (2) weeks’ Gross Remuneration of all Guild Members (to be based upon the production schedule provided by the Producer) and all District Council Remittances. The security for payment may take the form of a cash deposit to be held in trust by the District Council in an interest-bearing account, and all accrued interest shall be the property of the Producer, or at the Producer's election, the security for payment may take the form of one or more irrevocable letters of credit in favour of the District Council, drawn on a Canadian chartered bank.
(b) Cash Bond
In the case of a cash bond:
(i) the Producer will post the bond not earlier than fifteen (15) business days and no later than five (5) business days prior to the commencement of work by the Guild Members;
(ii) The District Council shall be entitled, upon written notice to the Producer and upon resolution of any dispute in favour of the Guild Member or the District Council, to make payment from the cash bond to the extent of any amounts found due. The notice shall stipulate the amount claimed and that such amount is due to the District Council as a result of a default by the Producer of its payment obligations as specified in the Agreement;
(iii) The District Council will repay the cash bond less any amounts in dispute within thirty (30) days after the completion of principal photography, provided that the Producer has provided the District Council with a security agreement in accordance with article 14.10 (b), or a distribution guarantee or distributor’s assumption agreement from an approved distribution guarantor pursuant to article 14.10 (c), and will repay the balance, if any within five (5) days of the resolution of a dispute in the Producer’s favour.
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(iv) Notwithstanding article 14.09 (b)(iii), the District Council shall be entitled to retain an amount to cover two (2) weeks Gross Remuneration of all remaining Guild Members plus fringes from the cash bond following the completion of principal photography. The retained amount shall be released thirty (30) days following the completion of post production.
(c) Letter of Credit
In the case of a letter of credit, the face of the letter of credit shall specify that:
(i) the said letter of credit shall have a term commencing not earlier than fifteen (15) business days and no later than five (5) business days prior to the commencement of work by the Guild Members;
(ii) the District Council shall be entitled, upon written notice to the Producer and upon resolution of any dispute in favour of the Guild Member or the District Council, to draw down on the letter of credit to the extent of any amounts found due. The notice shall stipulate the amount claimed and that such amount is due to the District Council as a result of a default by the Producer of its payment obligations as specified in the Agreement;
(iii) the letter of credit shall be released within thirty (30) days after the completion of principal photography, provided that the Producer has provided the District Council with a security agreement in accordance with article 14.09 (b), or a distribution guarantee or distributor’s assumption agreement from an approved distribution guarantor pursuant to article 14.10 (c). However, if there are any amounts in dispute, such amounts will be secured by a replacement letter of credit or cash bond to the extent of the amounts in dispute, and such amounts, if any, will be released, within five (5) business days of the resolution of a dispute in the Producer’s favour;
(d) In the event of a dispute arising or remaining outstanding after the original cash bond has been repaid or after the term of the original letter of credit, involving outstanding payments due under the Agreement, the Producer agrees to post a new cash bond or to issue a new letter of credit in an amount equal to those amounts in dispute for as long as those amounts remain in dispute, the District Council will repay the new cash bond within five (5) business days of the resolution of a dispute in the Producer’s favour.
(e) When a bona fide dispute arises, all remedies and recourse provided by the Agreement shall be exhausted, or an arbitrator shall rule in favour of the Guild Member prior to any disbursement from the letter of credit or cash bond.
(f) Subject to paragraphs 14.09 (b)(iii) and (c)(iii), if the security for payment is not released and/or returned to the Producer within the time periods set forth in this provision, the District Council shall pay to the Producer a late payment charge at the prime rate of interest per annum of that part of the security payment that has not been returned or released to the Producer, calculated and payable monthly, from the date the payment is due until payment is made, with the first payment due on the sixteenth (16th) day following the date the payment is due.
(g) Production Guarantee Notwithstanding article 14.09 (a), the Producer shall not be required to post as security a cash bond, or letter of credit, but shall instead be entitled to provide the District Council with a Production Guarantee from an approved production guarantor in the form set out in Schedule 10, provided that the Production Guarantee is accompanied by a security agreement pursuant to article 14.10 (b), or a Distribution Guarantee (see Schedule 12) or Distributor’s assumption agreement (see Schedule 13) from an approved distribution guarantor pursuant to article 14.10 (c). The Producer shall give the District Council notice no later than 30 days prior to the start of principal photography of its intention to provide a Production Guarantee.
(h) The District Council may, at its sole discretion, accept the Alternate Guarantee at Schedule 15.
14.10 Security for Payments Due After Production (a) A Producer may provide security to the District Council by
way of a Security Agreement, or a Distribution Guarantee or Distributor’s Assumption Agreement from an approved distribution guarantor (see article 14.11 (b)), to secure of all its financial obligations payable after Production pursuant to the Standard Agreement, including Director rights acquisition fees and all other amounts payable after Production pursuant to the Standard Agreement related to the Production.
(b) Security Agreement
A Security Agreement shall be in the form set out in Schedule 11A. Where it is contemplated that the Production will be distributed outside of the jurisdiction in which it is produced, the District Council may request and provide and the Producer will execute additional Security Agreements in forms which are registerable in the jurisdictions where, in the opinion of the District Council, the Production may be distributed. The Security Agreement provided herein shall be discharged on delivery to the District Council of a Distribution Guarantee or Distributor’s Assumption Agreement from an approved distribution guarantor pursuant to article 14.10 (c).
(c) Distribution Guarantee and Distributor’s Assumption Agreement
Only an approved distribution guarantor (see article 14.11 (b)) shall be eligible to provide a Distribution Guarantee or Distributor’s Assumption Agreement. A Distribution Guarantee shall be in the form set out in Schedule 12 and a Distributor’s Assumption Agreement shall be in the form set out in Schedule 13. The Distribution Guarantee or Distributor’s Assumption Agreement shall be terminated on delivery to the District Council of a Security Agreement pursuant to article 14.10 (b) or a Distribution Guarantee or Distributor’s Assumption Agreement from another approved distribution guarantor.
(d) The District Council may, at its sole discretion, accept the Alternate Guarantee at Schedule 15.
14.11 (a) An approved production guarantor shall mean an entity:
(i) which the CMPA confirms by written notice to be a member in good standing; and,
(ii) which is approved by the District Council in its sole discretion.
(b) An approved distribution guarantor shall mean an entity:
(i) which has maintained a permanent active entity with established offices and staff for the previous six (6) years, and has produced or financed the production of at least eight (8) Theatrical Motion Pictures or fifty-two (52) hours of television under this Agreement or its predecessors;
(ii) which has had a good track record for payment of the Guild Members, excluding minor infractions; and
(iii) which is up to date in its reporting obligations to the Guild Members and payments to the Guild Members.
(c) Should status as an approved production guarantor or approved distribution guarantor (provided that such approved distribution guarantor is a party to the Agreement) be denied, a timely request having been made, the Producer shall have recourse to the following appeal procedure:
(i) the District Council shall meet with the Producer within 5 business days of denial of a request;
(ii) an appeal committee shall be formed which will consist of a representative of the District Council and a representative of the CMPA ;
(iii) should there be no consensus at this meeting, in the case of a production guarantor, the Producer shall post the cash bond or letter of credit required by the District Council as a gesture of good faith pending the outcome of presenting its case in front of the arbitrator as set out in article 10.00 of the Standard Agreement; and in the
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case of a distribution guarantor, the District Council shall be entitled to retain the security which it holds pending the outcome of the arbitration;
(iv) should the arbitrator rule in the Producer's favour, the District Council will immediately return the cash bond or letter of credit, with interest if applicable, and accept the alternative security payment agreed to by the arbitrator.
(d) A list of approved production guarantors and a list of approved distribution guarantors shall be updated on a regular basis and shall be available from the District Council and CMPA offices.
14.12 Purchaser’s Assumption Agreement (a) If the Producer sells, assigns, or otherwise disposes of any
Production produced under the Agreement or any rights thereto, to a party other than a distributor (in which case article 14.13 (a) will apply), the Producer shall not be relieved of any of its obligations for payments due under the Agreement, unless the third party to whom the said property or rights have been sold, assigned, or otherwise disposed of (the Purchaser) assumes the obligations for such payments by a Purchaser’s Assumption Agreement in the form contained in Schedule 14, and the District Council approves the assumption in writing. Such approval shall not be unreasonably withheld.
(b) Upon seeking the approval of the District Council to a sale, assignment or other disposition as provided for herein, the Producer shall provide to the District Council such information and material pertaining to the Purchaser as the District Council may reasonably require, including but not limited to, the financial status of the Purchaser, the individual principals and/or directors of the Purchaser, and the terms and conditions of the Purchase Agreement.
14.13 Distributor’s Assumption Agreement (a) If the Producer, its successors and assigns, licenses, sells,
disposes or otherwise conveys any distribution rights in a Production produced under the Agreement, the Producer shall use its best efforts to obtain a Distributor’s Assumption Agreement. In respect of any outright valid sale or conveyance hereunder, (i.e. a disposition, the terms of which, do not include a requirement to report revenue to a Producer) a Distributor’s Assumption Agreement is a condition precedent to said sale or conveyance. The said agreement shall be in the form attached as Schedule 13.
(b) Upon seeking the approval of the District Council to an assignment, licence, sale, disposition or conveyance of distribution rights, the Producer shall also provide to the District Council such information and material pertaining to the distributor, as the District Council may reasonably require, including but not limited to, the financial status, the individual principals and directors of the distributor, and the conditions of the agreement of purchase and sale.
(c) The Producer shall not be relieved of any of its obligations for payments due under the Agreement, unless the distributor to whom the distribution rights have been sold, assigned, or otherwise disposed of assumes the obligations for such payments by a Distributor’s Assumption Agreement in the form contained in Schedule 13, and the District Council approves the assumption in writing. The District Council's approval shall not be unreasonably withheld.
15.00 LEAVES OF ABSENCE
15.01 Illness, Medical and District Council Leave (a) The Producer shall make reasonable efforts to grant any
weekly Guild Member a leave of absence without pay due to personal illness or injury.
(b) If any Guild Member suffers an injury or any illness after the engagement commences, which prevents the Guild Member from performing duties, the Producer shall pay the Guild Member’s contracted compensation for the first day of injury or illness. The Producer retains the right to require a doctor’s certificate provided that right is exercised in a manner that is correct, fair and reasonable.
(c) The Guild Member shall report any illness or injury to the Producer as soon as possible so adequate replacement may be made, if necessary. Injuries occurring during the course of engagement shall be reported in accordance with Provincial workers compensation requirements.
(d) The Producer shall at their discretion, make reasonable efforts to accommodate necessary absences occasioned by attendance at medical or dental examinations, and official District Council business.
15.02 Leaves of Absence
Subject to any District Council Schedule, any leave of absence must be mutually agreed between the Producer and the Guild Member and is subject to any applicable employment standards legislation.
16.00 HEALTH AND SAFETY
16.01 The Producer, the District Council and each Guild Member agree to abide by any respective obligations arising under the health and safety legislation and regulations in place in each jurisdiction in which the Guild Member’s engagement is carried out.
16.02 Guild Member Prerogative
Guild Members and the Producer are required to follow all reasonable safety rules and health standards, and the failure to do so can lead to disciplinary action including dismissal. However, no Guild Member shall be dismissed or otherwise disciplined, or jeopardize his or her working opportunities, for refusing to work in hazardous or unsafe conditions or to perform any work that the Guild Member reasonably believes to be hazardous or unsafe.
16.03 Health and Safety Representative
Guild Members shall elect a health and safety representative in accordance with applicable health and safety legislation.
16.04 Medical Attention and Hospitalization
The Producer shall provide and pay for transportation to the nearest physician or hospital facility for any Guild Member who requires medical attention during working hours or on Distant Location.
16.05 Reporting of Accidents, Medical Attention and Hospitalization
Where, pursuant to applicable legislation, the Producer is required to report an accident or an incident requiring medical attention or hospitalization of a Guild Member, the Producer will give the District Council a copy of the report.
17.00 TECHNOLOGICAL CHANGE
17.01 Producer's Right to Institute Technological Change
(a) The District Council agrees that the Producer has the unrestricted right to make technological changes and that this right shall not be subject to grievance or arbitration or any other proceeding; however, the Producer's implementation of technological changes is subject to this article 17.00.
(b) Upon the written request of the District Council, representatives of the Producer will meet to discuss the proper operation of new technological devices which present a question of safety to the Guild Members on the set. The foregoing provision shall not be considered an admission by any Producer of District Council jurisdiction with respect to such device.
17.02 Notice
If the Producer proposes to make any technological change, it shall give written notice thereof to the District Council, which notice shall include without limitation specification of each classification which may be affected. Such notice shall be given as soon as possible but not less than thirty (30) days before the implementation of such change.
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17.03 No Injustice
In carrying out technological changes, the Producer agrees to make all reasonable efforts to familiarize and train the engaged Guild Members with the new technology.
18.00 GENERAL PROVISIONS
18.01 Entire Agreement
Except for the provisions of applicable legislation and each Guild Member's Contract for Services, this Agreement is the entire agreement between the parties and takes precedence over all previous negotiations, agreements, or memoranda between the parties.
18.02 Release and Indemnification
The Producer hereby releases and forever discharges, and agrees to defend, indemnify and save harmless any Guild Member (including persons engaged through a Loan-out Corporation), and in the event of such Guild Member's death, the Guild Member’s heirs and executors, against any and all losses, claims, damages, actions, causes of action, liabilities and necessary costs, including legal fees, incurred during the effective dates of this Agreement and in the course of performance of the Guild Member's duties performed within the scope of the Guild Member’s engagement for the Producer that resulted in contractual liability for such Guild Member or in bodily injury or property damage suffered by any person subject to the following conditions:
(a) This shall not apply in any instance in which such injury or damage is the result of or caused, in whole or in part, by the gross negligence or wilful misconduct of the Guild Member; and
(b) The Guild Member shall co-operate fully in the defence of the claim or action, including, but not limited to, providing notice to the Producer within five (5) business days upon becoming aware of any claim or litigation, attending hearings and trials, securing and giving evidence and obtaining the attendance of witnesses.
18.03 Duration of Protection
The protection provided to the Guild Member by article 18.02 is also personal to the Guild Member and may be enforced by a Guild Member (including persons engaged through a Loan-out Corporation), and in the event of such Guild Member's death, the Guild Member’s heirs and executors, in any appropriate court or statutory forum. The protection provided to the Guild Member in article 18.02 does not expire with the expiration of the Agreement for liability that was incurred in the course of performance of the Guild Member's duties performed within the scope of the Guild Member’s engagement for the Producer.
18.04 Notice (a) All correspondence and notices between the parties arising
out of this Agreement or incidental thereto shall be in writing and shall pass to and from the parties at the applicable addresses set out in this article 18.00. A copy of any correspondence between the Producer or its representative and any Guild Member pertaining to the interpretation, administration, or application of any part of this Agreement shall be forwarded to the District Council office.
(b) Sending of Notice
Notices required to be given or sent pursuant to this Agreement shall be sent by prepaid first class mail, delivered personally by courier, or sent by fax, or other means of near-instantaneous communication. Unless advised in writing of a change of address, any notice or the service of any legal proceeding on the Producer or the District Council at their addresses indicated on the Bargaining Authorization and Voluntary Recognition Agreement shall be good and valid and constitute personal service.
(c) Notice To Guild Member
Any notice to be sent to a Guild Member by the Producer shall be sent to the Guild Member's address indicated on his
Contract for Services or to the latest address which the Producer has on record.
(d) District Council and CMPA Contact Information
CMPA 160 John Street, 5th Floor Toronto, ON M5V 2E5 Toll Free: (800) 267-8208 (Canada only) Tel: (416) 304-0280 Fax: (416) 304-0499 DGC Alberta District Council 2526 Battleford Ave. S.W., Suite 133 (Building B8, Currie Barracks) Calgary, Alberta T3E 7J4 Tel: (403) 217-8672 Fax: (403) 217-8678 DGC Atlantic Regional Council 1657 Barrington Street, Suite 408 Halifax, Nova Scotia B3J 2A1 Tel: (902) 492-3424 Toll-Free: 1-888-342-6151 (within Atlantic Provinces) Fax: (902) 492-2678 DGC Manitoba District Council 202B - 275 Broadway Winnipeg, MB R3C 4M6 Tel: (204) 940-4301 Fax: (204) 942-2610 DGC Ontario 111 Peter Street, Suite 600 Toronto, Ontario M5V 2H1 Tel: (416) 925-8200 Fax: (416) 925-8400 DGC Saskatchewan District Council c/o National Office 111 Peter Street, Suite 600 Toronto, Ontario M5V 2H1 Tel: (416) 925-8200 Fax: (416) 925-8400
18.05 Legislation
Any reference in this Agreement to a statute includes any amendments thereto and any successor legislation, and any regulations thereunder.
18.06 Currency
All reference to dollars or money rates of any kind in this Agreement or its Schedules are in Canadian dollars unless otherwise specifically indicated.
18.07 Interest on Monies Owing
Except as provided otherwise in this Agreement, if upon completion of the Motion Picture, monies are owed to the District Council or a Guild Member by the Producer, then the Producer shall pay simple interest at the prime rate on all monies outstanding calculated from the date on which the monies became due and payable to the date of payment, and at the prime rate in effect on the date on which the monies became due and payable. If no due date is specified, interest shall be calculated from the date on which the principal photography was completed.
18.08 Contracts for Benefit of Producer
A Guild Member will not be required to enter into any contract or agreement with any third party on behalf of the Producer. Notwithstanding this prohibition, if a Guild Member does enter into any such contract or agreement, it is deemed to be entered into on behalf of and for the exclusive benefit of the Producer and not the Guild Member. The Producer is solely liable under such contract or agreement and the Guild Member has no liability thereunder.
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18.09 Interpretation (a) The index and table of contents in this Agreement are
inserted for convenience only and shall not be used as an aid to interpretation, while the headings and subheadings in this Agreement can be used as an aid to interpretation.
(b) This Agreement shall be interpreted as a whole. (c) Unless the context requires otherwise, words denoting the
singular shall include the plural and vice versa, words denoting one gender shall include all genders and the word or phrase herein shall have the corresponding definition for the purposes of the Agreement.
18.10 Editorial Equipment
All editorial equipment, when used for the purpose of performing work functions covered by this Agreement, shall be operated by a Guild Member subject to this Agreement except:
(a) for the purposes of training or instruction; (b) for the purposes of experimenting with new editorial
equipment or processes; (c) as expressly provided otherwise by this Agreement;
provided that no Guild Member loses any compensation as a result, unless expressly provided otherwise by this Agreement.
18.11 Budget Calculations (a) Broadcast Length
The calculation of the length of a Television Motion Picture is based on the total broadcast time.
(b) Calculation of Budget Tiers
The calculation of the budget range of each Motion Picture is based on the total Budget as defined in article 1.06.
(c) In those circumstances where there are extraordinary expenditures incurred by Production in areas such as, but not limited to, rights acquisition, royalties, financing, legal, completion guarantee, main credit cast, CGI and/or other effects, the District Council will in good faith consider excluding such extraordinary cost(s) from the total Budget on a case by case basis.
19.00 LETTERS OF VARIANCE
19.01 (a) The Producer and the District Council will continually monitor the effectiveness of this Agreement during its term in order to assure the work opportunities for the Guild Members and the competitive position of the Producer.
(b) The District Council will review a request from a Producer for any modifications in the terms and conditions of this Agreement intended to preserve work opportunities for Guild Members. The District Council shall make reasonable efforts to respond to a request for modification within three (3) business days of receipt of the request.
(c) The District Council is authorized to approve and implement such modifications as it deems necessary and in the best interests of the parties. Any such approved modifications to this Agreement shall be by letter of variance and may be for one Production, for a type of Production, for a specific area, or for a specific period of time.
(d) A copy of any letter of variance will be provided to the Producer and the CMPA.
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20.00 SCHEDULES INCORPORATED
20.01 The CMPA, the District Councils and the Guild have entered into various letters of understanding which are specifically incorporated by reference herein as an integral part of this Agreement.
20.02 Attached to this Agreement and specifically incorporated by reference herein as an integral part of this Agreement are various terms and conditions set out in the following Schedules:
Schedule 1 Directors
Schedule 2 Alberta District Council
Schedule 3 Atlantic Regional Council
Schedule 4 Manitoba District Council
Schedule 5 DGC Ontario
Schedule 6 Saskatchewan District Council
Schedule 7 7A Bargaining Authorization & Voluntary Recognition Agreement
7B Negotiating Protocol
Schedule 8 Standard Form Contract for Services (No Loanout) (Loanout)
Schedule 9 Budget Certification
Schedule 10 Production Guarantee
Schedule 11 Security Agreement & Standard Security Terms
Schedule 12 Distribution Guarantee
Schedule 13 Distributor’s Assumption Agreement Schedule 14 Purchaser’s Assumption Agreement Schedule 15 Alternate Guarantee
Schedule 16 Documentaries
20.03 If there is a conflict between a term or condition in a Schedule or a letter of understanding and a term or condition in the core Agreement, then the term or condition in the Schedule or letter of understanding shall prevail.
21.00 TERM OF AGREEMENT
21.01 Term
The term of this Agreement shall be from June 14, 2013 to December 31, 2015.
21.02 Application of Agreement
This Agreement is effective from June 14th, 2013 and applies to all Productions which open Production offices on or after that date.
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Canadian Media Production Association
Directors Guild of Canada
per__________________________ per__________________________ Chief Legal Officer and
Chief Negotiator
President
Directors Guild of Canada Alberta District Council
Directors Guild of Canada Atlantic Regional Council
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Manitoba District Council
Directors Guild of Canada - Ontario
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Saskatchewan District Council
per__________________________ Chair
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NO. 1 – NEW MEDIA PRODUCTION Tier Structure With the exception of the Director, the parties agree to take the half-hour television series tiers and divide these by 24 to develop a per minute tier mode. For example, tier A which is currently one million, seventeen thousand, five hundred and nineteen dollars ($1,017,519) or more per half-hour would now be divided by 24 to create a forty-two thousand, three hundred and ninety-seven dollar ($42,397) per minute or more threshold at Tier A. The same exercise would be taken at Tiers B through F.
For all categories, with the exception of the Director, the appropriate daily and/or weekly rate would be paid based on the tier level.
Where duties are performed in a job classification set out in Article 11.00, the Producer is required to engage a Guild Member. To be clear, there is no minimum staffing in respect of Department Heads or others in the area of New Media Production.
Where the initial exhibition of a New media Production is in excess of 60 minutes, then the standard terms and conditions applicable to Movies For Television shall apply.
Canadian Media
Production Association Directors Guild of Canada
per__________________________ per__________________________ Chief Legal Officer and
Chief Negotiator President
Directors Guild of Canada Alberta District Council
Directors Guild of Canada Atlantic Regional Council
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Manitoba District Council
Directors Guild of Canada - Ontario
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Saskatchewan District Council
per__________________________ Chair
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NO. 2 - ARTICLE 7.04 – CONSIDERATION OF NON-GUILD PERSON FOR WORK
The parties agree that "supply" is a reference to all Guild Members.
Canadian Media Production Association Directors Guild of Canada
per__________________________ per__________________________ Chief Legal Officer and
Chief Negotiator President
Directors Guild of Canada Alberta District Council
Directors Guild of Canada Atlantic Regional Council
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Manitoba District Council
Directors Guild of Canada - Ontario
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Saskatchewan District Council
per__________________________ Chair
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NO. 3 - RE ARTICLE 7.05: ISSUANCE OF WORK PERMITS
The parties agree that if the Producer can demonstrate that the presence of a non-Guild Member is necessary to the requirements of a Motion Picture, then the District Council may issue a work permit to a non-Guild Member on the following basis.
In keeping with the past practice of each District Council, each permit request for a foreign worker will be considered carefully and in good faith and a permit will be granted when it is not unreasonable to do so.
In the event that a permit request is denied, the District Council shall immediately and in writing advise the CMPA and the Producer. At this time the Producer will be advised of the appeal process. The District Council shall consider the appeal, if any, on an expeditious basis.
Canadian Media Production Association
Directors Guild of Canada
per__________________________ per__________________________ Chief Legal Officer and
Chief Negotiator President
Directors Guild of Canada Alberta District Council
Directors Guild of Canada Atlantic Regional Council
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Manitoba District Council
Directors Guild of Canada - Ontario
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Saskatchewan District Council
per__________________________ Chair
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NO. 4 - CONTRACT FOR SERVICES
With respect to Article 12.00 of the Agreement, the parties agree as follows:
1. A Contract for Services includes both an oral contract and a written contract. 2. In the ordinary course, the Producer and a Guild Member will discuss terms and conditions verbally, will enter into an oral Contract for
Services and will ultimately execute a written Contract for Services which reflects the terms of the oral agreement and the negotiations underlying same.
3. As soon as the Producer and the Guild Member have entered into an oral Contract for Services, that contract is deemed to incorporate all of the provisions of the Standard Agreement.
4. The oral Contract for Services is effective until replaced by the written Contract for Services or until it is terminated in accordance with the provisions of the Standard Agreement.
5. It is the intention of the parties and each Guild Member that a written Contract for Services be executed as quickly as possible after an oral Contract for Services is finalized, subject to the deadline in article 12.01(c).
6. A letter of variance shall not apply retroactively to a Contract for Services so as to create a "clawback" situation or an obligation on the Guild Member to repay any monies already paid.
Canadian Media
Production Association Directors Guild of Canada
per__________________________ per__________________________ Chief Legal Officer and
Chief Negotiator President
Directors Guild of Canada Alberta District Council
Directors Guild of Canada Atlantic Regional Council
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Manitoba District Council
Directors Guild of Canada - Ontario
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Saskatchewan District Council
per__________________________ Chair
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NO. 5 - UNFAIR DECLARATIONS (ARTICLE 8.02)
The parties agree that a District Council shall not issue an unfair declaration in circumstances where there is a legitimate dispute with respect to the interpretation or application of the Agreement, a grievance has been filed, and the Producer is abiding by the grievance and arbitration provision.
Canadian Media Production Association
Directors Guild of Canada
per__________________________ per__________________________ Chief Legal Officer and
Chief Negotiator President
Directors Guild of Canada Alberta District Council
Directors Guild of Canada Atlantic Regional Council
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Manitoba District Council
Directors Guild of Canada - Ontario
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Saskatchewan District Council
per__________________________ Chair
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NO. 6 - PRODUCTION GUARANTEE
Each District Council will continue to accept security in the form of a production guarantee (Schedule 10) from each Producer who was granted that right previously on the last Production undertaken by the Producer prior to the effective date of the Standard Agreement. The exception to this commitment may be a Producer whose good track record has been adversely affected by a "major infraction".
Canadian Media Production Association
Directors Guild of Canada
per__________________________ per__________________________ Chief Legal Officer and
Chief Negotiator President
Directors Guild of Canada Alberta District Council
Directors Guild of Canada Atlantic Regional Council
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Manitoba District Council
Directors Guild of Canada - Ontario
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Saskatchewan District Council
per__________________________ Chair
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NO. 7 - FAVOURED NATIONS
The CMPA shall not unreasonably withhold its consent to any variances granted by a District Council provided that the variance conforms with the structure of the Standard Agreement.
Without limiting the generality of the foregoing, unduly favorable treatment which is consistently granted by a District Council to an individual Producer or Producer's representative shall constitute grounds for the CMPA to invoke its rights.
Canadian Media Production Association
Directors Guild of Canada
per__________________________ per__________________________ Chief Legal Officer and
Chief Negotiator President
Directors Guild of Canada Alberta District Council
Directors Guild of Canada Atlantic Regional Council
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Manitoba District Council
Directors Guild of Canada - Ontario
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Saskatchewan District Council
per__________________________ Chair
Chair
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NO. 8 - NO PYRAMIDING OF INCENTIVES
To the extent that a District Council offers two (2) or more incentives to promote work opportunities for Guild Members, there will be no pyramiding of such incentives. For greater clarity, unless the District Council agrees otherwise, a Producer will be entitled to access only one (1) incentive for each Production.
Canadian Media Production Association
Directors Guild of Canada
per__________________________ per__________________________ Chief Legal Officer and
Chief Negotiator President
Directors Guild of Canada Alberta District Council
Directors Guild of Canada Atlantic Regional Council
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Manitoba District Council
Directors Guild of Canada - Ontario
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Saskatchewan District Council
per__________________________ Chair
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NO. 9 - DEFINITIONS
The CMPA and the District Councils have agreed to create a committee whose purpose is to ensure that the definitions in the next Standard Agreement will reflect the reality of our workplaces.
Canadian Media Production Association
Directors Guild of Canada
per__________________________ per__________________________ Chief Legal Officer and
Chief Negotiator President
Directors Guild of Canada Alberta District Council
Directors Guild of Canada Atlantic Regional Council
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Manitoba District Council
Directors Guild of Canada - Ontario
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Saskatchewan District Council
per__________________________ Chair
C O R E A G R E E M E N T
L e t t e r s o f U n d e r s t a n d i n g
2013 – 2015 DGC/CMPA Standard Agreement Core Agreement Page 30
NO. 10 - WORKFLOW ISSUES
The CMPA and the District Councils will establish a committee to address work-flow issues in all departments. It is the hope that the committee will make recommendations to future CMPA and District Councils’ negotiation teams.
Canadian Media Production Association
Directors Guild of Canada
per__________________________ per__________________________ Chief Legal Officer and
Chief Negotiator President
Directors Guild of Canada Alberta District Council
Directors Guild of Canada Atlantic Regional Council
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Manitoba District Council
Directors Guild of Canada - Ontario
per__________________________ per__________________________ Chair Chair
Directors Guild of Canada Saskatchewan District Council
per__________________________ Chair
C O R E A G R E E M E N T
I N D E X
2013 – 2015 DGC/CMPA Standard Agreement Core Agreement Page 31
Accounting Department ----------------------------------------------------------------------------------- 15 Definition------------------------------------------------------------------------------------------------- 1 First Assistant Production Accountant (General) --------------------------------------------- 15 First Assistant Production Accountant (Payroll) ---------------------------------------------- 15 Post Production Accountant ---------------------------------------------------------------------- 16 Production Accountant ----------------------------------------------------------------------------- 15 Second Assistant Accountant--------------------------------------------------------------------- 15 Third Assistant Accountant (Clerk) -------------------------------------------------------------- 15 Trainee Assistant Accountant--------------------------------------------------------------------- 16
Anthology - Definition ---------------------------------------------------------------------------------------- 1 Anthology Series - Definition ------------------------------------------------------------------------------- 1 Application Of This Agreement ---------------------------------------------------------------------------- 3 Arbitration Procedure ---------------------------------------------------------------------------------------- 8
Arbitrator Selection ------------------------------------------------------------------------------------ 8 Credit Grievance --------------------------------------------------------------------------------------- 9 Interest Arbitration ------------------------------------------------------------------------------------- 9 Powers Of Arbitrator ---------------------------------------------------------------------------------- 9
Art Department ---------------------------------------------------------------------------------------------- 12 Art Department Coordinator ----------------------------------------------------------------------- 12 Art Director -------------------------------------------------------------------------------------------- 12 Definition------------------------------------------------------------------------------------------------- 1 Production Designer -------------------------------------------------------------------------------- 12 Requirement ------------------------------------------------------------------------------------------ 12 Responsibilities -------------------------------------------------------------------------------------- 12 Second Assistant Art Director -------------------------------------------------------------------- 12 Third Assistant Art Director ------------------------------------------------------------------------ 12 Trainee Assistant Art Director (Art Department PA) ----------------------------------------- 13
Bargaining Authority And Bargaining - Protection of Assignment Of Duties -------------------------------------------------------------------------------- 4 Bargaining Unit Work --------------------------------------------------------------------------------- 4 Conflicting Agreements ------------------------------------------------------------------------------ 4 District Council Access To Studio Or Location ------------------------------------------------- 4 No Contracting Out ------------------------------------------------------------------------------------ 4 Notification Of Change Of Name Or Address --------------------------------------------------- 4
Bargaining Authorization And Voluntary Recognition Agreement - Definition ------------------ 1 Bargaining Unit Recognition of ---------------------------------------------------------------------------- 3 Broadcast Length ------------------------------------------------------------------------------------------- 22 Budget - Definition -------------------------------------------------------------------------------------------- 1 Budget Calculations ---------------------------------------------------------------------------------------- 22 Cable Television - Definition ------------------------------------------------------------------------------- 1 Calculation Of Budget Tiers ------------------------------------------------------------------------------ 22 Call - Definition ------------------------------------------------------------------------------------------------ 1 Certified Budget - Definition -------------------------------------------------------------------------------- 1 Classifications
Directors{Bmr New2007.Bmp}Xcore1106 ------------------------------------------------------- 9 General -------------------------------------------------------------------------------------------------- 9 Improper Classification ------------------------------------------------------------------------------- 9 Job Classifications And Descriptions ------------------------------------------------------------- 9 No Alteration Of Job Titles -------------------------------------------------------------------------- 9 Promotion And Demotion ---------------------------------------------------------------------------- 9 Second Unit Director -------------------------------------------------------------------------------- 10
CMPA - Definition -------------------------------------------------------------------------------------------- 1 Collective Agreement - Definition ------------------------------------------------------------------------- 1 Compact Device - Definition ------------------------------------------------------------------------------- 1 Compensation And Security For Payments
Bond ---------------------------------------------------------------------------------------------------- 19 Distribution Guarantee And Distributor's Assumption Agreement ------------------------ 19 Distributor's Assumption Agreement ------------------------------------------------------------ 20 Financial Difficulties And Payroll Failures ------------------------------------------------------ 18 Letter Of Credit --------------------------------------------------------------------------------------- 19 Method Of Compensation Payment ------------------------------------------------------------- 18 Pay Day ------------------------------------------------------------------------------------------------ 18 Payroll Period ---------------------------------------------------------------------------------------- 18 Payroll Service --------------------------------------------------------------------------------------- 18 Producer's Obligations Upon Termination ----------------------------------------------------- 18 Production Guarantee ------------------------------------------------------------------------------ 19 Purchaser's Assumption Agreement ------------------------------------------------------------ 20 Records ------------------------------------------------------------------------------------------------ 18 Requirement For Security ------------------------------------------------------------------------- 19 Security Agreement --------------------------------------------------------------------------------- 19 Security For Payments Due After Production ------------------------------------------------- 19 Security For Payments Due During Production ---------------------------------------------- 19 Time-Keeping ---------------------------------------------------------------------------------------- 18
Consultation Budget Information ------------------------------------------------------------------------------------ 7 Consultation Committee ----------------------------------------------------------------------------- 7 Pre-Production Conference ------------------------------------------------------------------------- 7 Producer Information --------------------------------------------------------------------------------- 7 Production Notice-------------------------------------------------------------------------------------- 7
Contact Information ---------------------------------------------------------------------------------------- 21 Contract for Services
Application To Existing Contract For Services ------------------------------------------------ 16 Authority ----------------------------------------------------------------------------------------------- 16 Confidentiality Language -------------------------------------------------------------------------- 17 Definition------------------------------------------------------------------------------------------------- 1 Extension, Renewal Or Option ------------------------------------------------------------------- 17 Finish Date -------------------------------------------------------------------------------------------- 17 Grievance and Arbitration ------------------------------------------------------------------------- 16 Loan-Out Corporation ------------------------------------------------------------------------------ 17 No Contract For Services To Contravene The Standard Agreement -------------------- 16 No Deferment Of Minimum Compensation ---------------------------------------------------- 16 No Less Favourable Than The Standard Agreement --------------------------------------- 16 Original Copies And Form Of Contract For Services ---------------------------------------- 16 Provisions Subject To Grievance And Arbitration -------------------------------------------- 16 Requirement ------------------------------------------------------------------------------------------ 16 Start Date---------------------------------------------------------------------------------------------- 16 Terms Of Standard Agreement Are Minimums ----------------------------------------------- 16 Type Of Engagement ------------------------------------------------------------------------------- 16
Contracted Rate - Definition-------------------------------------------------------------------------------- 1
Co-Productions ----------------------------------------------------------------------------------------------- 4 Credit Grievance---------------------------------------------------------------------------------------------- 9 Currency -------------------------------------------------------------------------------------------------------22 Dailies - Definition -------------------------------------------------------------------------------------------- 1 Day - Definition ----------------------------------------------------------------------------------------------- 1 Definitions
Accounting Department ------------------------------------------------------------------------------ 1 Anthology ----------------------------------------------------------------------------------------------- 1 Anthology Series -------------------------------------------------------------------------------------- 1 Art Department ----------------------------------------------------------------------------------------- 1 Bargaining Authorization And Voluntary Recognition Agreement -------------------------- 1 Budget --------------------------------------------------------------------------------------------------- 1 Cable Television --------------------------------------------------------------------------------------- 1 Call ------------------------------------------------------------------------------------------------------- 1 Certified Budget --------------------------------------------------------------------------------------- 1 CMPA ---------------------------------------------------------------------------------------------------- 1 Collective Agreement --------------------------------------------------------------------------------- 1 Compact Device --------------------------------------------------------------------------------------- 1 Contract For Services -------------------------------------------------------------------------------- 1 Contracted Rate --------------------------------------------------------------------------------------- 1 Dailies ---------------------------------------------------------------------------------------------------- 1 Day ------------------------------------------------------------------------------------------------------- 1 DGC or Directors Guild Of Canada --------------------------------------------------------------- 1 Direct To Video ---------------------------------------------------------------------------------------- 1 Distant Location --------------------------------------------------------------------------------------- 1 District Council ----------------------------------------------------------------------------------------- 1 Documentary ------------------------------------------------------------------------------------------- 1 Editing Departments (Picture And Sound) ------------------------------------------------------- 1 Episode -------------------------------------------------------------------------------------------------- 1 Flat Deal ------------------------------------------------------------------------------------------------- 1 Free Television ---------------------------------------------------------------------------------------- 1 Gross Remuneration --------------------------------------------------------------------------------- 1 Guild Member ------------------------------------------------------------------------------------------ 1 Loan-Out Corporation -------------------------------------------------------------------------------- 2 Mini-Series ---------------------------------------------------------------------------------------------- 2 Motion Picture ------------------------------------------------------------------------------------------ 2 Movie For Television (MFT) ------------------------------------------------------------------------- 2 Nearby Location --------------------------------------------------------------------------------------- 2 Network Television ------------------------------------------------------------------------------------ 2 Non-Certified Budget --------------------------------------------------------------------------------- 2 Other Production -------------------------------------------------------------------------------------- 2 Over-scale ---------------------------------------------------------------------------------------------- 2 Pay Television ----------------------------------------------------------------------------------------- 2 Permittee ------------------------------------------------------------------------------------------------ 2 Picture Post Production Period -------------------------------------------------------------------- 2 Pilot ------------------------------------------------------------------------------------------------------- 2 Producer ------------------------------------------------------------------------------------------------- 2 Production ---------------------------------------------------------------------------------------------- 2 Production Department ------------------------------------------------------------------------------ 2 Remittance ---------------------------------------------------------------------------------------------- 2 Schedule ------------------------------------------------------------------------------------------------ 2 Second Unit--------------------------------------------------------------------------------------------- 2 Serial Production -------------------------------------------------------------------------------------- 2 Series ---------------------------------------------------------------------------------------------------- 2 Sound Post Production Period --------------------------------------------------------------------- 2 Standard Agreement --------------------------------------------------------------------------------- 2 Strip Program ------------------------------------------------------------------------------------------ 2 Syndicated Television -------------------------------------------------------------------------------- 2 Television Drama Special --------------------------------------------------------------------------- 2 Television Motion Picture ---------------------------------------------------------------------------- 3 Theatrical ------------------------------------------------------------------------------------------------ 3 Variety Series ------------------------------------------------------------------------------------------ 3 Variety Special ----------------------------------------------------------------------------------------- 3 Weekly Rate -------------------------------------------------------------------------------------------- 3
DGC - Definition ---------------------------------------------------------------------------------------------- 1 Direct To Video - Definition -------------------------------------------------------------------------------- 1 Directors Guild Of Canada - Definition ------------------------------------------------------------------ 1 Discharge Procedure ---------------------------------------------------------------------------------------17 Discipline And Discharge Procedure for ---------------------------------------------------------------17 Discipline Procedure For ----------------------------------------------------------------------------------17 Distant Location - Definition -------------------------------------------------------------------------------- 1 Distribution Guarantors ------------------------------------------------------------------------------------20 District Council - Definition --------------------------------------------------------------------------------- 1 District Council And CMPA Contact Information -----------------------------------------------------21 Documentary - Definition ----------------------------------------------------------------------------------- 1 Editing Departments (Picture And Sound) - Definition ----------------------------------------------- 1 Episode - Definition ------------------------------------------------------------------------------------------ 1 Exclusive Bargaining Agents ------------------------------------------------------------------------------ 3 Favoured Nations --------------------------------------------------------------------------------------- 3, 27 Flat Deal - Definition ----------------------------------------------------------------------------------------- 1 Free Television - Definition --------------------------------------------------------------------------------- 1 General Provisions
Contracts For Benefit Of Producer ---------------------------------------------------------------22 Duration Of Protection ------------------------------------------------------------------------------21 Editorial Equipment ----------------------------------------------------------------------------------22 Entire Agreement -------------------------------------------------------------------------------------21 Legislation ---------------------------------------------------------------------------------------------22
Grievance And Arbitration Grievance Defined ------------------------------------------------------------------------------------ 8 Grievance Procedure --------------------------------------------------------------------------------- 7 Informal Dispute Resolution ------------------------------------------------------------------------ 8 Initiating Grievance Procedure --------------------------------------------------------------------- 8
Gross Remuneration - Definition -------------------------------------------------------------------------- 1 Guild Member - Definition ---------------------------------------------------------------------------------- 1 Health and Safety
Discussion Of New Devices -----------------------------------------------------------------------21 Guild Member Prerogative -------------------------------------------------------------------------21 Health And Safety Representative ---------------------------------------------------------------21 Jurisdictional Legislation and Regulations ------------------------------------------------------21
C O R E A G R E E M E N T
I N D E X
2013 – 2015 DGC/CMPA Standard Agreement Core Agreement Page 32
Medical Attention And Hospitalization ---------------------------------------------------------- 21 Reporting Of Accidents, Medical Attention And Hospitalization--------------------------- 21
Hiring Alternate Arrangements ------------------------------------------------------------------------------ 6 Availability Lists ---------------------------------------------------------------------------------------- 6 Combined Engagement ------------------------------------------------------------------------------ 6 Consideration Of Non-Guild Person For Work -------------------------------------------------- 6 Displacement Or Work Permit Fee ---------------------------------------------------------------- 6 Guild Member Works Only With Guild Members Or Authorized Permittees ------------- 6 Hiring Rules --------------------------------------------------------------------------------------------- 6 Issuance Of Work Permits --------------------------------------------------------------------------- 6 No Requirement To Furnish Services Or Equipment ------------------------------------------ 6 Non-Member Equalization Payments ------------------------------------------------------------- 7 Permittees Must Observe DGC Constitution ---------------------------------------------------- 6 Safety Equipment -------------------------------------------------------------------------------------- 6 Termination Of Engagement For Failure To Remit Displacement Or Work Permit Fee
-------------------------------------------------------------------------------------------------------- 6 Work Permits ------------------------------------------------------------------------------------------- 6
Illness, Medical and District Council Leave ----------------------------------------------------------- 20 Indemnification ---------------------------------------------------------------------------------------------- 21 Interest On Monies Owing -------------------------------------------------------------------------------- 22 Interpretation ------------------------------------------------------------------------------------------------- 22 Interpretation Of Agreement -------------------------------------------------------------------------------- 3 Joint Administration ------------------------------------------------------------------------------------------ 3 Leaves Of Absence ---------------------------------------------------------------------------------------- 21 Legislation
Governing Law ----------------------------------------------------------------------------------------- 4 Harassment --------------------------------------------------------------------------------------------- 5 No Producer Discrimination ------------------------------------------------------------------------- 4 Prejudice ------------------------------------------------------------------------------------------------- 5 Producer's Obligations ------------------------------------------------------------------------------- 4 Severability And Replacement Of Invalid Provisions ------------------------------------------ 5 Sexual Harassment ----------------------------------------------------------------------------------- 5
Length of Broadcast ---------------------------------------------------------------------------------------- 22 Letters of Understanding ---------------------------------------------------------------------------------- 23 Letters of Understanding - core
No 11 – MINIMUM FEES -------------------------------------------------------------------------- 31 No. 1 - Other Production Definition ------------------------------------------------------------- 22 No. 10 - DEFINITIONS ----------------------------------------------------------------------------- 30 No. 12 – WORKFLOW ISSUES ------------------------------------------------------------------ 32 No. 2 - Article 7.04 – Consideration of Non-Guild Person for Work ---------------------- 23 No. 3 - Re Article 7.05 Issuance Of Work Permits ------------------------------------------- 24 No. 4 - Contract for Services ---------------------------------------------------------------------- 25 No. 5 - Unfair Declarations ------------------------------------------------------------------------ 25 No. 6 - Production Guarantee -------------------------------------------------------------------- 26 No. 7 - Favoured Nations ------------------------------------------------------------------------- 27 No. 8 – DGC – CMPA TIERS REVIEW COMMITTEE -------------------------------------- 28 No. 9 – NO PYRAMIDING OF INCENTIVES ------------------------------------------------- 29
Letters Of Variance: ---------------------------------------------------------------------------------------- 22 Lie Detectors ------------------------------------------------------------------------------------------------- 22 Loan-Out Corporation -------------------------------------------------------------------------------------- 17 Loan-Out Corporation - Definition ------------------------------------------------------------------------- 2 Mini-Series - Definition -------------------------------------------------------------------------------------- 2 Motion Picture - Definition ---------------------------------------------------------------------------------- 2 Movie For Television (MFT) - Definition ----------------------------------------------------------------- 2 Nearby Location - Definition -------------------------------------------------------------------------------- 2 Network Television - Definition ---------------------------------------------------------------------------- 2 Non-Certified Budget - Definition -------------------------------------------------------------------------- 2 Non-Member Equalization Payments -------------------------------------------------------------------- 7 Notice ---------------------------------------------------------------------------------------------------------- 21
to Guild Member ------------------------------------------------------------------------------------- 21 Notice Of Lay-Off Or Replacement Force Majeure Recall and Discharge
Discharge ---------------------------------------------------------------------------------------------- 17 Force Majeure ---------------------------------------------------------------------------------------- 17 Procedure For Discipline And Discharge ------------------------------------------------------- 17 Recall For Services---------------------------------------------------------------------------------- 17
Other Production - Definition ------------------------------------------------------------------------------- 2 Over-scale - Definition --------------------------------------------------------------------------------------- 2 Parties To This Agreement --------------------------------------------------------------------------------- 3 Pay or Play --------------------------------------------------------------------------------------------------- 18 Pay Television - Definition ---------------------------------------------------------------------------------- 2 Payment Of Compensation And Security For Payments
Bond ---------------------------------------------------------------------------------------------------- 19 Distribution Guarantee And Distributor's Assumption Agreement ------------------------ 19 Distributor's Assumption Agreement ------------------------------------------------------------ 20 Financial Difficulties And Payroll Failures ------------------------------------------------------ 18 Letter Of Credit --------------------------------------------------------------------------------------- 19 Method Of Compensation Payment ------------------------------------------------------------- 18 Pay Day ------------------------------------------------------------------------------------------------ 18 Payroll Period ----------------------------------------------------------------------------------------- 18 Payroll Service --------------------------------------------------------------------------------------- 18 Producer's Obligations Upon Termination ----------------------------------------------------- 18 Production Guarantee ------------------------------------------------------------------------------ 19 Purchaser's Assumption Agreement ------------------------------------------------------------ 20 Records ------------------------------------------------------------------------------------------------ 18 Requirement For Security ------------------------------------------------------------------------- 19 Security Agreement --------------------------------------------------------------------------------- 19 Security For Payments Due After Production ------------------------------------------------- 19 Security For Payments Due During Production ----------------------------------------------- 19 Time-Keeping ----------------------------------------------------------------------------------------- 18
Permittee - Definition ----------------------------------------------------------------------------------------- 2 Picture Editing Department ------------------------------------------------------------------------------- 13
Assistant Picture Editor (APE) -------------------------------------------------------------------- 13 First Assistant Picture Editor ---------------------------------------------------------------------- 13 Picture Editor ----------------------------------------------------------------------------------------- 13 Post Production Assistant (Post PA) ------------------------------------------------------------ 14 Post Production Coordinator (PPC) ------------------------------------------------------------- 14 Post Production Supervisor (PPS) -------------------------------------------------------------- 14 Supervising Picture Editor ------------------------------------------------------------------------- 13
Picture Post Production Period - Definition ------------------------------------------------------------- 2 Pilot - Definition ----------------------------------------------------------------------------------------------- 2 Producer - Definition ----------------------------------------------------------------------------------------- 2 Production - Definition --------------------------------------------------------------------------------------- 2 Production Department ------------------------------------------------------------------------------------ 10
Assistant Location Manager (ALM) -------------------------------------------------------------- 11 Assistant Production Coordinator (APC) ------------------------------------------------------- 12 Assistant Production Manager (APM) ---------------------------------------------------------- 10 Definition------------------------------------------------------------------------------------------------- 2 First Assistant Director (1st AD) ------------------------------------------------------------------ 10 Location Manager (LM) ---------------------------------------------------------------------------- 11 Location Production Assistant (Location PA)------------------------------------------------- 11 Location Support Personnel (LSP) -------------------------------------------------------------- 11 Office Production Assistant (Office PA) -------------------------------------------------------- 12 On-Set Production Assistant (On-Set PA) ----------------------------------------------------- 12 Production Assistants (On Set/Location) ------------------------------------------------------- 12 Production Coordinator (PC) ---------------------------------------------------------------------- 11 Production Manager -------------------------------------------------------------------------------- 10 Second Assistant Director (2nd Second AD)-------------------------------------------------- 10 Technical Coordinator ------------------------------------------------------------------------------ 11 Third Assistant Director (3rd AD) ---------------------------------------------------------------- 11 Trainee Assistant Director (TAD) ---------------------------------------------------------------- 11 Trainee Location Manager (TLM) ---------------------------------------------------------------- 11 Trainee Production Coordinator (Production Secretary) ----------------------------------- 12 Unit Manager (UM) ---------------------------------------------------------------------------------- 10
Production Guarantors ------------------------------------------------------------------------------------ 20 Recognition Of Bargaining Unit --------------------------------------------------------------------------- 3 Recognition Territorial Jurisdiction Purpose and Scope Negotiation and Administration of
this Agreement Interpretation Of Agreement ------------------------------------------------------------------------ 3 Joint Administration ----------------------------------------------------------------------------------- 3 Purpose -------------------------------------------------------------------------------------------------- 3 Terms ---------------------------------------------------------------------------------------------------- 3
Release And Indemnification ---------------------------------------------------------------------------- 21 Remittance - Definition -------------------------------------------------------------------------------------- 2 Resolution Of Jurisdictional Disputes -------------------------------------------------------------------- 4 Safety and Health ------------------------------------------------------------------------------------------ 21 Schedule - Definition ----------------------------------------------------------------------------------------- 2 Schedules Incorporated ----------------------------------------------------------------------------------- 23 Schedules, List of Other ---------------------------------------------------------------------------------- 23 Scope Of Agreement ---------------------------------------------------------------------------------------- 3 Second Unit - Definition ------------------------------------------------------------------------------------- 2 Security - District Council
Assignment Of Compensation ---------------------------------------------------------------------- 5 Good Standing ----------------------------------------------------------------------------------------- 5 Guild Member In Default ----------------------------------------------------------------------------- 5
Sending Of Notice ------------------------------------------------------------------------------------------ 21 Serial Production - Definition------------------------------------------------------------------------------- 2 Series - Definition --------------------------------------------------------------------------------------------- 2 Sound Editing Department ------------------------------------------------------------------------------- 14
Dialogue Editor --------------------------------------------------------------------------------------- 15 Effects Editor ----------------------------------------------------------------------------------------- 15 First Assistant Sound Editor ---------------------------------------------------------------------- 14 Foley Editor ------------------------------------------------------------------------------------------- 15 Music Editor ------------------------------------------------------------------------------------------- 15 Post-Synch Dialogue Editor ----------------------------------------------------------------------- 15 Second Assistant Sound Editor ------------------------------------------------------------------ 14 Sound Editor ------------------------------------------------------------------------------------------ 14 Supervising Sound Editor -------------------------------------------------------------------------- 14 Trainee Assistant Sound Editor (Tase) --------------------------------------------------------- 15
Sound Post Production Period - Definition-------------------------------------------------------------- 2 Standard Agreement - Definition -------------------------------------------------------------------------- 2 Strikes And Lockouts
No Discipline Or Discharge Or Termination Of A Contract For Services ----------------- 7 No Strikes Or Lockouts During Term Of Agreement ------------------------------------------ 7 Unfair Declaration ------------------------------------------------------------------------------------- 7
Strip Program - Definition ----------------------------------------------------------------------------------- 2 Syndicated Television - Definition ------------------------------------------------------------------------ 2 Technological Change
No Injustice ------------------------------------------------------------------------------------------- 21 Notice -------------------------------------------------------------------------------------------------- 21 Producer's Right To Institute Technological Change ---------------------------------------- 21
Television Drama Special - Definition -------------------------------------------------------------------- 2 Television Motion Picture - Definition -------------------------------------------------------------------- 3 Term Of Agreement
Application Of Agreement ------------------------------------------------------------------------- 23 Term ---------------------------------------------------------------------------------------------------- 23
Termination -------------------------------------------------------------------------------------------------- 18 Territorial Jurisdiction And Application Of This Agreement ----------------------------------------- 3 Theatrical - Definition ---------------------------------------------------------------------------------------- 3 Tiers Calculation of ----------------------------------------------------------------------------------------- 22 Variety Series - Definition ----------------------------------------------------------------------------------- 3 Variety Special - Definition --------------------------------------------------------------------------------- 3 Voluntary Recognition --------------------------------------------------------------------------------------- 3 Weekly Rate - Definition ------------------------------------------------------------------------------------ 3
2013 - 2015 DGC/CMPA Standard Agreement Ontario Schedule 5
2 0 1 3 - 2 0 1 5
D G C / C M P A S T A N D A R D A G R E E M E N T
O N T A R I O – S C H E D U L E 5
O N T A R I O – S C H E D U L E 5 P R O D U C T I O N D E P A R T M E N T
2013 – 2015 DGC/CMPA Standard Agreement Ontario Schedule 5 Page i
ON1.00 REGULAR WORK DAY ----------------------------------149 ON1.01 Work Day -------------------------------------------------------- 149 ON1.02 No Split Shifts and No Standby Engagement ---------- 149 ON1.03 Work Week ------------------------------------------------------ 149 ON1.04 Shifting the Work Week -------------------------------------- 149 ON1.05 Fractional Work Week ---------------------------------------- 149 ON1.06 Daily Calls ------------------------------------------------------- 149 ON1.07 Hiatus Periods -------------------------------------------------- 149 ON1.08 Flat Deals -------------------------------------------------------- 149 ON1.09 Dailies, Production Meetings and Surveys-------------- 150
ON2.00 PREMIUM REMUNERATION ---------------------------150 ON2.01 ------------------------------------------------------------------ 150 ON2.02 6th Day Rate ---------------------------------------------------- 151 ON2.03 7th Day Rate ---------------------------------------------------- 151 ON2.04 Holiday Rate ---------------------------------------------------- 151 ON2.05 Overtime Calculation ----------------------------------------- 151 ON2.06 Statutory Overtime -------------------------------------------- 151 ON2.07 Payment of all Premiums ------------------------------------ 151 ON2.08 Turnaround or Rest Period ---------------------------------- 151 ON2.09 Prior Approval of Producer ---------------------------------- 152
ON3.00 MEAL BREAKS---------------------------------------------152 ON3.01 Meal Breaks/Meal Penalty ---------------------------------- 152
ON4.00 VACATIONS AND HOLIDAYS -------------------------152 ON4.01 Annual Vacation------------------------------------------------ 152 ON4.02 Holidays ---------------------------------------------------------- 152 ON4.03 Unworked Holidays During Regular Work Week ------ 152 ON4.04 Holidays Falling on Days Off ------------------------------- 152
ON5.00 RETIREMENT, HEALTH AND WELFARE PLANS, AND ADMINISTRATION AND TRAINING FUND -------------------------------------------153
ON5.01 Exceptions to Article ON5.00 ------------------------------- 153 ON5.02 Health and Welfare Plan ------------------------------------- 153 ON5.03 Non-Member Equalization ----------------------------------- 153 ON5.04 Retirement Contributions ------------------------------------ 153 ON5.05 Administration and Training Fund ------------------------- 153 ON5.06 Member’s Check-off------------------------------------------- 154 ON5.07 DGC Ontario Fringes ----------------------------------------- 161
ON6.00 CMPA LEVY -------------------------------------------------161 ON6.01 CMPA Levy ------------------------------------------------------ 161
ON7.00 GUILD REMITTANCES -----------------------------------161 ON7.01 Guild Remittances --------------------------------------------- 161
ON8.00 NEW BUSINESS DEVELOPMENT PLAN -----------161 ON8.01 Television Series and Pilots Incentives ------------------ 161 ON8.02 First Year Television Series IncentiveError! Bookmark not defined. ON8.03 Tier E Long Form Incentive --------------------------------- 155 ON8.04 Fact Based / Lifestyle / Docu-Drama Production ------ 155
ON9.00 TRAVEL AND ACCOMMODATION -------------------155 ON9.01 Studio Zone ----------------------------------------------------- 155 ON9.02 Nearby Location------------------------------------------------ 155 ON9.03 Distant Location ------------------------------------------------ 156 ON9.04 Travel Insurance ----------------------------------------------- 156 ON9.05 Travel to Studio Zone ----------------------------------------- 157 ON9.06 Use of Personal Vehicles ------------------------------------ 157
ON10.00 LAY-OFF AND TERMINATION ---------------------157 ON10.01 Notice of Lay-off ------------------------------------------------ 157 ON10.02 Termination of Engagement -------------------------------- 157
ON11.00 CREDITS --------------------------------------------------158 ON11.01 Credits ------------------------------------------------------------ 158 ON11.02 Better Conditions ---------------------------------------------- 158 ON11.03 Screen Credits -------------------------------------------------- 158 ON11.04 Other Credits ---------------------------------------------------- 158 ON11.05 District Council Credit ---------------------------------------- 158 ON11.06 Removal or Alteration of Credit ---------------------------- 158 ON11.07 Submission of Proposed Screen Credit Format
to the District Council ----------------------------------------- 158 ON11.08 Credit Grievance ----------------------------------------------- 158
ON12.00 SCREEN CREDITS FOR PRODUCTION DEPARTMENT --------------------------------------------- 159
ON12.01 Screen Credits for Production Managers, First and Second Assistant Directors on Theatrical and Television Motion Pictures ---------------------------- 159
ON12.02 Screen Credits for Location Managers, Unit Managers and Assistant Production Managers on Theatrical and Television Motion Pictures ---------- 159
ON12.03 Screen Credits for Third Assistant Directors, Assistant Location Managers and Production Assistants -------------------------------------------------------- 159
ON12.04 Screen Credits for the Accounting Department -------- 159 ON13.00 SCREEN CREDITS FOR ART
DEPARTMENT --------------------------------------------- 159 ON13.01 Screen Credits for Production Designers or for
Art Directors as Head of the Department --------------- 159 ON13.02 Screen Credits for Art Directors Working Under
a Production Designer and for First Assistant Art Directors/Set Designers --------------------------------- 159
ON13.03 Screen Credits for Second Assistant Art Directors, and Art Department Trainees ----------------- 159
ON14.00 SCREEN CREDITS FOR EDITING DEPARTMENT --------------------------------------------- 159
ON14.01 Screen Credits for Picture Editors on Theatrical and Television Motion Pictures ---------------------------- 159
ON14.02 Screen Credits for Editing Department Personnel on Theatrical and Television Motion Pictures ----------------------------------------------------------- 160
ON14.03 Screen Credits for Editing Department Personnel on all other Motion Pictures ------------------ 160
ON14.04 Publicity ---------------------------------------------------------- 160 ON14.05 Professional Designation ------------------------------------ 160
ON15.00 MINIMUM STAFFING --------------------------------- 160 ON15.01 Minimum Personnel: Directors ----------------------------- 160 ON15.02 Minimum Personnel: Production Department ---------- 160 ON15.03 Minimum Personnel: Art Department -------------------- 160 ON15.04 ------------------------------------------------------------------ 160 ON15.05 Minimum Personnel: Picture and Sound Editing
Departments ---------------------------------------------------- 161 ON15.06 Minimum Personnel: Accounting Department --------- 161 ON15.07 Minimum Personnel: Second Unit ------------------------- 161 ON15.08 Minimum Personnel: Strip Programs --------------------- 161 ON15.09 Determination of Minimum Personnel
Requirements --------------------------------------------------- 161 ON15.10 ------------------------------------------------------------------ 161 ON15.11 ------------------------------------------------------------------ 161
ON16.00 SOUND POST PRODUCTION ------------------------ 161 ON16.01 Contracting Out ------------------------------------------------ 161 ON16.02 Engagement of Post Production House Staff ---------- 161 ON16.03 Sound Post Production List --------------------------------- 162 ON16.04 Updated Sound Post Production List --------------------- 162 ON16.05 Half-day Rate --------------------------------------------------- 162 ON16.06 Extended Term ContractsError! Bookmark not defined. ON16.07 Multiple Assignments ----------------------------------------- 162 ON16.08 "Favoured Nations" ------------------------------------------- 162 ON16.09 Sound Post Security ------------------------------------------ 162
ON17.00 APPROVED ONTARIO ARBITRATORS ----------- 162 ON17.01 ------------------------------------------------------------------ 162
ON18.00 WORK PERMITS ----------------------------------------- 162 ON18.01 Permit Fees ----------------------------------------------------- 162
ON19.00 HEALTH AND SAFETY --------------------------------- 162 ON19.01 ------------------------------------------------------------------ 162 ON19.02 Workers Safety and Insurance Board of Ontario ------ 162
ON20.00 LOCATION SUPPORT PERSONNEL (LSP) ------ 163 ON20.01 Application of Standard Agreement ---------------------- 163 ON20.02 Bargaining Unit ------------------------------------------------- 163 ON20.03 No Contracting Out -------------------------------------------- 163 ON20.04 Hourly Engagement ------------------------------------------- 163
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ON20.05 Hourly Rates ---------------------------------------------------- 163 ON20.06 Premium Payment Calculations --------------------------- 163 ON20.07 Overtime Calculations ---------------------------------------- 163 ON20.08 Permittees ------------------------------------------------------- 163 ON20.09 Meal Allowance and Breaks -------------------------------- 163 ON20.10 Fringes------------------------------------------------------------ 164 ON20.11 Safety ------------------------------------------------------------- 164 ON20.12 T2200 ------------------------------------------------------------- 164
BUDGET TIERS ---------------------- Error! Bookmark not defined. RATE SHEETS------------------------ Error! Bookmark not defined.
Production Department - 2010 RatesError! Bookmark not defined. Production Department - 2011 RatesError! Bookmark not defined. Production Department - 2012 RatesError! Bookmark not defined. Art Department – 2010 Rates ------- Error! Bookmark not defined. Art Department - 2011 Rates -------- Error! Bookmark not defined. Art Department - 2012 Rates -------- Error! Bookmark not defined. 2010 Picture Editing Department Rates – Theatrical
Motion Pictures, Made for Television Movies, Mini-Series ----------------- Error! Bookmark not defined.
2010 Picture Editing Department Rates– Anthologies, Pilots, Spinoffs, Strip Programs, TV Drama Series, TV Series, Variety Specials, Variety Series ------------------------ Error! Bookmark not defined.
2011 Picture Editing Department Rates – Theatrical Motion Pictures, Made for Television Movies, Mini-Series ----------------- Error! Bookmark not defined.
2011 Picture Editing Department Rates – Anthologies, Pilots, Spinoffs, Strip Programs, TV Drama Series, TV Series, Variety Specials, Variety Series ------------------------ Error! Bookmark not defined.
2012 Picture Editing Department Rates – Theatrical Motion Pictures, Made for Television Movies, Mini-Series ----------------- Error! Bookmark not defined.
2012 Picture Editing Department Rates – Anthologies, Pilots, Spinoffs, Strip Programs, TV Drama Series, TV Series, Variety Specials, Variety Series ------------------------ Error! Bookmark not defined.
2010 Sound Editing Rates – Theatrical Motion Pictures, Made for Television Movies, Mini-SeriesError! Bookmark not defined.
2010 Sound Editing Rates – Anthologies, Pilots, Spinoffs, Strip Programs, TV Drama Series, TV Series, Variety Specials, Variety SeriesError! Bookmark not defined.
2011 Sound Editing Department Rates – Theatrical Motion Pictures, Made for Television Movies, Mini-Series ------------------------ Error! Bookmark not defined.
2011 Sound Editing Department Rates – Anthologies, Pilots, Spinoffs, Strip Programs, TV Drama Series, TV Series, Variety Specials, Variety Series ------------------------ Error! Bookmark not defined.
2012 Sound Editing Department Rates – Theatrical Motion Pictures, Made for Television Movies, Mini-Series ------------------------ Error! Bookmark not defined.
2012 Sound Editing Department Rates – Anthologies, Pilots, Spinoffs, Strip Programs, TV Drama Series, TV Series, Variety Specials, Variety Series ------------------------ Error! Bookmark not defined.
2010 Accounting Department RatesError! Bookmark not defined. 2011 Accounting Department RatesError! Bookmark not defined. 2012 Accounting Department RatesError! Bookmark not defined.
LETTERS OF UNDERSTANDING ---------------------------------179 NO. 1 - The DGC Ontario Jurisdiction --------------------------------- 179
LETTERS OF UNDERSTANDING ---------------------------------180 NO. 2 - Fact Based/Lifestyle/Docu-Drama Production ------------ 180
WORK PERMIT APPLICATIONS ----------------------------------182 Non-Canadians --------------------------------------------------------------- 182 Canadian Citizens and Permanent Residents ----------------------- 183
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2013 - 2015 DGC/CMPA Standard Agreement Ontario Schedule 5 Page 149
ON1.00 REGULAR WORK DAY
ON1.01 Work Day
(a) Except for the Director, or a Guild Member engaged on a Flat Deal basis, the work day shall be twelve (12) hours, including paid meal breaks, for Art, Editing and Accounting Department classifications and fourteen (14) hours, including paid meal breaks, for Production Department classifications, in a twenty-four (24) hour period. The work day for a Director, or a Guild Member engaged on a Flat Deal basis, shall be a twenty-four (24) hour period.
(b) The work day commences at the Guild Member's Call time.
(c) A work day starting on one (1) calendar Day and continuing into the following calendar Day shall be deemed to be one (1) work day, namely the work day on which work started.
ON1.02 No Split Shifts and No Standby Engagement
There shall be no split shifts on any work day nor any standby engagement of any individual Guild Member.
ON1.03 Work Week
The regular work week for all Guild Members shall be five (5) consecutive work days followed by two (2) consecutive Days as regular Days off. Any work week other than a regular work week shall be deemed to be an irregular work week and shall require the prior express written consent of the District Council.
ON1.04 Shifting the Work Week Once every four (4) shooting weeks, or more frequently where agreed by the District Council and Producer, the Producer may shift the work week by doing either or both of the following without incurring penalty: (a) shift the work week forward by adding one (1) or two (2)
additional Days off from the regular work week and begin the shifted work week on the following Day,
(b) shift the work week back: (i) by one (1) Day, by changing the seventh (7th) Day
of the regular work week to the first (1st) Day of the shifted work week, provided that the sixth (6th) Day of the regular work week is a Day off and the thirty-four (34) hour rest period applies, or
(ii) by two (2) Days, by making the preceding work week a pro-rated four (4) Day work week, giving the fifth (5th) Day off, and making the sixth (6th) Day the first (1st) Day of the shifted work week, provided that the thirty-four (34) hour rest period applies.
(c) Guild Members shall be given no less than three (3) working days advance notice of the shift. In no event may the Producer shift the work week to avoid paying for an unworked holiday.
(d) Upon two (2) weeks written notice to the District Council, and with the consent of the affected Guild Members, the work week may be changed from the last week of prep to the first week of principal photography provided that Guild Members receive one (1) day off.
(e) In all of the above scenarios, when a Guild Member is approved to work on the one (1) Day off, then this Day shall be considered a seventh (7th) Day. Day one (1) of principal photography would be Day one (1) of the work week.
ON1.05 Fractional Work Week
With the exception of the Director, the Producer shall pay a Guild Member whose assignment starts on other than the first (1st) day of the established work week or ends on other than the last Day of the established work week one-fifth (1/5th) of Guild Member’s weekly Contracted Rate for each Day worked during the fractional work week, provided that during the preceding or subsequent work week of the assignment such Guild Member completes a full work week. Special provisions with respect to the Director are contained in the Directors’ Schedule.
ON1.06 Daily Calls
(a) Any change or cancellation of daily Calls, other than for forecasted adverse weather, shall be made ten (10) hours prior to the starting time of Call, or if possible, before the Guild Member leaves work at the end of the preceding work day.
(b) Due to forecasted adverse weather, the Producer may cancel a daily crew Call up to eight (8) hours prior to the starting time of the Call.
(c) Subject to the provisions of this Standard Agreement, when a Guild Member engaged on a daily basis reports for work as scheduled, or if the Producer fails to provide the minimum notice in this article ON1.06, the Producer shall pay to the Guild Member not less than one (1) Day's Gross Remuneration.
ON1.07 Hiatus Periods
(a) The Producer shall be entitled to impose a maximum hiatus period equal to one (1) week for each eight (8) weeks of the production period, provided that the Producer gives eighteen (18) calendar Days written notice of the hiatus to the District Council and each Guild Member subject to events of force majeure.
(b) Hiatus means a planned, unpaid stoppage of work for a period of three (3) or more work days.
(c) A hiatus of less than one (1) week will not be imposed for the purpose of avoiding payment for holidays.
(d) The three (3) statutory holidays at Christmas are not worked/not paid except where the Christmas break is ten (10) or fewer consecutive Days.
(e) For the purpose of article ON1.07, the Production period will be calculated from the opening of the Production office to the completion date of the Contract for Services of the Sound Editor or the Production Accountant, whichever is later.
ON1.08 Flat Deals
(a) Flat Deal is an agreement between a Producer and a Guild Member relating to the job classifications set out below:
(i) Second Unit Director;
(ii) Production Manager;
(iii) First Assistant Director;
(iv) Second Assistant Director;
(v) Location Manager;
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2013 - 2015 DGC/CMPA Standard Agreement Ontario Schedule 5 Page 150
(vi) Two (2) highest ranking Guild Members engaged in the Art Department, as determined by job classification;
(vii) All Editing Department classifications.
(viii) Production Accountants
(ix) First Assistant Production Accountants
(x) Second Assistant Production Accountants
(b) Article ON2.01 is not applicable, and articles ON2.02, ON2.03, ON2.04 and ON2.08 are applicable to a Guild Member engaged on a Flat Deal.
(c) Each Guild Member’s Contract for Services shall clearly state whether Over-scale payments may be credited or offset against the premium provided for in article ON2.01. Offsetting of Over-scale shall not be allowed to reduce a Guild Member’s Gross Remuneration to less than the minimum Gross Remuneration required by this Agreement. The Contracted Rate will form the basis of all calculations.
(d) Failure to designate clearly the offset rights in the Contract for Services will mean the loss of any right to credit or offset Over-scale payments.
ON1.09 Dailies, Production Meetings and Surveys
(a) Time spent in attendance at production meetings or surveys shall be considered time worked.
(b) The Producer need not pay the Guild Member for the time spent at the screening of Dailies unless the Producer or the Director requires the Guild Member to be there. If the Producer or the Director requires the Guild Member to attend the screening of Dailies, the time spent at the screening shall be considered time worked.
ON2.00 PREMIUM REMUNERATION
ON2.01 (a) Overtime - First Five (5) Days - Production, Art,
Editing & Accounting Departments
(i) First Five (5) Days After Twelve (12) Hours of work for Art, Editing and Accounting For all work exceeding twelve (12) hours, but less than sixteen (16) hours on any one of the first five (5) work days of the work week, the Producer must pay to each Guild Member premium pay for each one (1) hour or portion thereof of time worked, calculated in accordance with the following formulae:
DAILY RATE Contracted Rate ÷ 8 x 2
WEEKLY RATE Contracted Rate ÷ 40 x 2
(ii) First Five (5) Days After Fourteen (14) Hours of work for Production Department For all work exceeding fourteen (14) hours, but less than sixteen (16) hours on any one of the first five (5) work days of the work week, the Producer must pay to each Guild Member premium pay for each one (1) hour or portion thereof of time worked, calculated in accordance with the following formulae:
DAILY RATE Contracted Rate ÷ 8 x 2
WEEKLY RATE Contracted Rate ÷ 40 x 2
(iii) First Five (5) Days After Sixteen (16) Hours of work for Art, Editing, Accounting and Production Departments For all work exceeding sixteen (16) hours on any one of the first five (5) work days of the work week, the Producer must pay to each Guild Member premium pay for each one (1) hour or portion
thereof of time worked, calculated in accordance with the following formulae:
DAILY RATE Contracted Rate ÷ 8 x 3
WEEKLY RATE Contracted Rate ÷ 40 x 3
(b) Overtime - Sixth (6th) Day - Production, Art, Editing and Accounting Departments
(i) Sixth (6th
) Day After Twelve (12) Hours of work for Art, Editing and Accounting For all work exceeding twelve (12) hours, but less than sixteen (16) hours on a sixth (6th) work day in a period of seven (7) consecutive calendar Days, the Producer must pay to each Guild Member premium pay for each one (1) hour or portion thereof of time worked, calculated in accordance with the following formula:
DAILY OR WEEKLY RATE
6th Day rate under article ON2.02 ÷ 8 x 2
(ii) Sixth (6th
) Day After Fourteen (14) Hours of work for Production Department For all work exceeding fourteen (14) hours, but less than sixteen (16) hours, on a sixth (6th) work day in a period of seven (7) consecutive calendar Days, the Producer must pay to each Guild Member premium pay for each one (1) hour or portion thereof of time worked, calculated in accordance with the following formula:
DAILY OR WEEKLY RATE
6th Day rate under article ON2.02 ÷ 8 x 2
(iii) Sixth (6th
) Day After Sixteen (16) Hours of work for Art, Editing, Accounting and Production Departments For all work exceeding sixteen (16) hours on a sixth (6th) work day in a period of seven (7) consecutive calendar Days, the Producer must pay to each Guild Member premium pay for each one (1) hour or portion thereof of time worked, calculated in accordance with the following formula:
DAILY OR WEEKLY RATE
6th Day rate under article ON2.02 ÷ 8 x 3
(c) Overtime - Seventh (7th
) Day - Production, Art, Editing and Accounting Departments
(i) Seventh (7th
) Day After Twelve (12) Hours of work for Art, Editing and Accounting For all work exceeding twelve (12) hours, but less than sixteen (16) hours, on a seventh (7th) work day in a period of seven (7) consecutive calendar Days, the Producer must pay to each Guild Member premium pay for each one (1) hour or portion thereof of time worked, calculated in accordance with the following formula:
DAILY OR WEEKLY RATE
7th Day rate under article ON2.03 ÷ 8 x 2
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(ii) Seventh (7th
) Day After Fourteen (14) Hours of work for Production Department For all work exceeding fourteen (14) hours, but less than sixteen (16) hours, on a seventh (7th) work day in a period of seven (7) consecutive calendar Days, the Producer must pay to each Guild Member premium pay for each one (1) hour or portion thereof of time worked, calculated in accordance with the following formula:
DAILY OR WEEKLY RATE
7th Day rate under article ON2.03 ÷ 8 x 2
(iii) Seventh (7th
) Day After Sixteen (16) Hours of work for Art & Editing, Accounting and Production Departments For all work exceeding sixteen (16) hours on a seventh (7th) work day in a period of seven (7) consecutive calendar Days, the Producer must pay to each Guild Member premium pay for each one (1) hour or portion thereof of time worked, calculated in accordance with the following formula:
DAILY OR WEEKLY RATE
7th Day rate under article ON2.03 ÷ 8 x 3
(d) Overtime - Holiday - Production, Art, Editing and Accounting Departments
(i) Holiday After Twelve (12) Hours of work for Art, Editing and Accounting For all work exceeding twelve (12) hours, but less than sixteen (16) hours on a holiday, the Producer must pay to each Guild Member premium pay for each one (1) hour or portion thereof of time worked, calculated in accordance with the following formula:
DAILY OR WEEKLY RATE
Holiday rate under article ON2.04 ÷ 8 x 2
(ii) Holiday After Fourteen (14) Hours of work for Production Department For all work exceeding fourteen (14) hours, but less than sixteen (16) hours on a holiday, the Producer must pay to each Guild Member premium pay for each one (1) hour or portion thereof of time worked, calculated in accordance with the following formula:
DAILY OR WEEKLY RATE
Holiday rate under article ON2.04 ÷ 8 x 2
(iii) Holiday After Sixteen (16) Hours of work for Art, Editing, Accounting and Production Departments For all work exceeding sixteen (16) hours on a holiday, the Producer must pay to each Guild Member premium pay for each one (1) hour or portion thereof of time worked, calculated in accordance with the following formula:
DAILY OR WEEKLY RATE
Holiday rate under article ON2.04 ÷ 8 x 3
(e) Exceptions
Articles ON2.01(a) through (d) do not apply to a Guild Member engaged on a Flat Deal basis or to a Director except as provided for in article ON1.08.
ON2.02 6th Day Rate
A Guild Member who works a sixth (6th) work day in a period of seven (7) consecutive calendar Days shall be paid a sixth (6th) Day rate calculated in accordance with the following formulae:
DAILY RATE Contracted Rate x 1 1/2
WEEKLY RATE Contracted Rate ÷ 5 x 1 1/2
ON2.03 7th Day Rate
A Guild Member who works a seventh (7th) work day in a period of seven (7) consecutive calendar Days shall be paid a seventh (7th) Day rate calculated in accordance with the following formulae:
DAILY RATE Contracted Rate x 2
WEEKLY RATE Contracted Rate ÷ 5 x 2
ON2.04 Holiday Rate
Work performed, including travel to and from Nearby and Distant Locations, on a holiday shall be paid a holiday rate calculated in accordance with the following formulae:
DAILY RATE Contracted Rate x 2
WEEKLY RATE Contracted Rate ÷ 5 x 2
ON2.05 Overtime Calculation
With respect to the calculation of overtime under this article, overtime shall be calculated for each one (1) hour or portion thereof, based on one-quarter (1/4) hour increments of time worked, including paid meal breaks.
ON2.06 Statutory Overtime
The rates set out in this Schedule or set out in any Contract for Services, the rates applicable to a Flat Deal, and all rates set out in article ON2.00 of this Schedule, are deemed to include any statutory entitlement to overtime pay; however this "deeming" provision shall in no way adversely affect the Guild Member's entitlement to or the Producer's obligation to pay premium pay under article ON2.00 of this Schedule.
ON2.07 Payment of all Premiums
Where two (2) or more premium rates specified in article ON2.01, ON2.02, ON2.03, ON2.04 or ON2.08 are applicable, the Producer shall pay to the Guild Member all applicable premiums, provided that the premium under those articles shall in no case exceed three (3) times the Contracted Rate.
ON2.08 Turnaround or Rest Period
(a) Each Guild Member must have a turnaround or rest period between each work day of not less than ten (10) hours free from work.
(b) The minimum rest period for each Guild Member on a regular work week shall be fifty (50) consecutive hours free from work for Television Motion Pictures.
For Theatrical Motion Pictures the minimum rest period for each Guild Member on a regular work week shall be fifty-four (54) consecutive hours free from work. On two (2) occasions in a four-week cycle, and with forty-eight (48) hours written notice to the District Council, the Producer may reduce the weekend turnaround for Theatricals by four (4) hours.
(c) The minimum rest period for each Guild Member on a six-day work week shall be thirty-four (34) consecutive hours free from work.
(d) In the event of a holiday resulting in a three-day weekend, the minimum rest period for each Guild Member on a four-day work week shall be seventy-two (72) consecutive hours free from work.
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(e) Turnaround or Rest Period Encroachment
For each one (1) hour or portion thereof, based on one-quarter (1/4) hour increments, of encroachment into any applicable turnaround or rest period, in addition to the Guild Member’s Contracted Rate, the Producer must pay to each Guild Member thus affected premium pay calculated in accordance with the following formulae:
DAILY RATE Contracted Rate ÷ 8 x 2
WEEKLY RATE Contracted Rate ÷ 40 x 2
(f) The provisions of article ON2.08 shall not apply to a Director.
(g) Premium pay under article ON2.08 must be paid in addition to any other premium pay under article ON2.00, provided that the premium under those articles shall in no case exceed three (3) times the pro-rated hourly rate.
ON2.09 Prior Approval of Producer
A Producer shall only be obligated to pay premium pay where the Producer or its duly-authorized representative grants approval for the performance of the work which attracts the premium pay.
ON3.00 MEAL BREAKS
ON3.01 Meal Breaks/Meal Penalty
(a) The Producer shall ensure that each Guild Member has a paid meal break of at least one-half (1/2) hour, at intervals that will result in no Guild Member working longer than six (6) consecutive hours without a first paid meal break and eight (8) consecutive hours without a second paid meal break, failing which, each affected Guild Member will receive an additional twenty dollars ($20.00) to a maximum of twenty dollars ($20.00) per Day.
If the Guild Member is given a non-deductible meal appropriate to the time of Day prior to the general crew call, then the first paid meal break may be six (6) hours following the general crew call.
On a reasonable and bona fide basis, the Producer shall have the right to complete a shot in progress to a maximum of ten (10) minutes into the paid meal break without incurring the meal penalty, provided that the set-up or shot was commenced within a reasonable period in advance of the required paid meal break and provided that there is no reduction in the paid meal break.
(b) Time on meal breaks shall be considered time worked.
(c) The Producer shall provide to each Guild Member, craft services of coffee, tea, water, and other beverages throughout the work day.
(d) Where the Producer provides free catering of food and/or beverages to the members of any other labour organization, the Producer shall provide the same catering benefits to all Guild Members at no cost.
(e) Any Guild Member working away from the shooting crew is responsible for determining his/her own meal periods. For clarity, such Guild Member shall not incur meal penalties. Notwithstanding the removal of meal penalties, if lunch is not provided, a Guild Member shall be reimbursed up to a daily maximum of $15 upon provision of a receipt(s) by the Guild Member.
ON4.00 VACATIONS AND HOLIDAYS
ON4.01 Annual Vacation
(a) The Producer shall pay to each Guild Member, including a Loan-out Corporation, four percent (4%) of the Guild
Member’s Gross Remuneration. Such premium or additional payments shall be paid weekly with the regular remuneration payment.
(b) Payment for or in lieu of annual vacation or an additional payment shall not be subject to individual negotiation between any Guild Member or Loan-out Corporation and any Producer.
(c) This provision shall not apply to persons engaged under Core article 7.11. In lieu of such provisions, the Employment Standards Act of Ontario shall govern with respect to vacation pay for those persons engaged under Core article 7.11.
ON4.02 Holidays
The following Days are recognized as paid holidays:
New Year's Day
Family Day
Good Friday
Victoria Day
Canada Day
Civic Holiday (first Monday in August)
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day,
and any other Day declared a holiday by the federal, provincial, or municipal (local) government.
ON4.03 Unworked Holidays During Regular Work Week
When a holiday not worked falls within the Guild Member's weekly or longer guaranteed period of engagement, no deductions shall be made from guaranteed remuneration. When such holiday not worked occurs within a partial work week following a Guild Member's period of engagement, or where a Guild Member's period of engagement is a number of days, such Guild Members who worked the regular work day before and the regular work day after the holiday shall receive one (1) day's remuneration based on the Contracted daily Rate or one-fifth (1/5th) the Contracted Weekly Rate, as applicable, or in the case of a Location Support Personnel, payment equal to a six (6) hour minimum shift will apply.
ON4.04 Holidays Falling on Days Off
(a) When a holiday falls on a Guild Member's normal Day off, the Guild Member shall be given a Day off on either the work day before or the work day after the holiday.
(b) When two (2) holidays fall on a Guild Member's normal Days off, the Guild Member shall be given four (4) consecutive Days off including the two (2) consecutive normal Days off.
(c) If the appropriate number of Days off is not provided in lieu of the holidays as required in article ON4.04(a) or (b), then the Producer shall pay to the Guild Member one (1) Day’s remuneration based on the contracted daily rate or one-fifth (1/5) of the contracted weekly rate as applicable for each such Day off not provided.
(d) The Producer shall designate the Day(s) to be granted as the Day(s) off.
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ON5.00 RETIREMENT, HEALTH AND WELFARE PLANS, AND ADMINISTRATION AND TRAINING FUND
ON5.01 Exceptions to Article ON5.00
The provisions of articles ON5.02 Health and Welfare Plan and ON5.04 Retirement Contributions shall not apply to persons engaged under Core article 7.11, except as provided for in ON5.03.
ON5.02 Health and Welfare Plan
The Producer shall pay to the District Council a percentage, based on the applicable tier level of the Production of the Guild Member's (excluding Permittees) Gross Remuneration, as set out in article ON5.07, as the Producer's contribution to the Guild's health and welfare plan. Such contributions shall be remitted to DGC Ontario in accordance with article ON7.01.
ON5.03 Non-Member Equalization
(a) In order to equalize the payments and deductions in respect of Members of the Guild and non-Members, and in lieu of a health contribution, the Producer shall contribute an amount equal to a percentage based on the applicable tier level of the Production, as set out in article ON5.07, of the Gross Remuneration paid to each Permittee non-Member and remit the non-Member equalization payment directly to the District Council every two (2) weeks.
(b) In circumstances where a Producer or a Permittee non-Member is paying into an alternate plan, no non-Member equalization payment(s) shall be required to be paid under Core article 7.11.
ON5.04 Retirement Contributions
(a) The Producer will remit weekly, in Canadian dollars, to DGC Ontario, as or in lieu of a retirement contribution, a percentage of the Guild Member's Gross Remuneration, based on the applicable tier level of the Production as set out in article ON5.07. The Producer shall provide the District Council with proof of such payments with a complete remittance breakdown.
(b) The provisions of this article shall apply only to Guild Members eighteen (18) years of age or over. No Guild Member can contribute to an RRSP after December 31 in the year in which the Guild Member turns seventy-one (71). Therefore, the Producer will remit directly to the affected Guild Member the applicable retirement contribution should the Guild Member be unable to contribute by law. If the age stipulated in the federal legislation should change, this article shall be amended so as to reflect that change.
(c) For Permittees, the Producer will remit directly to the Permittee the applicable retirement contribution. The Producer shall provide the District Council with proof of such payments with a complete remittance breakdown.
ON5.05 Administration and Training Fund
(a) The Producer who is a member of the CMPA shall contribute to the DGC Ontario with respect to each Guild Member a percentage of the Guild Member’s Gross Remuneration based on the applicable tier level of the Production as set out in article ON5.07. A Producer who is not a member of the CMPA or who is not a member in good standing of the CMPA, shall contribute an amount equal to three percent (3%), and will remit same to the District Council in accordance with article ON7.00.
(b) The District Councils and the CMPA are jointly committed to developing training programs that will increase the number of qualified Guild Members who are
available to service the film and television industry. To this end, the parties acknowledge the ongoing contribution to training initiatives from monies in the administration and training fund as set out in each District Council Schedule of the Agreement.
(c) The District Councils and the CMPA will meet at the request of either party to discuss training, including assessment of those areas where increased training is necessary.
(d) For all Tier A Television Series that engage 25% or less DGC Directors, a 0.25% fringe reduction in the Administration and Training Fund will apply.
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ON5.06 Member’s Check-off (a) Check-Off Authorization
The Producer shall require each Guild Member at the time of the execution of the Contract for Services to sign an authorization in the form supplied by the DGC Ontario authorizing the Producer to deduct two percent (2%) of the Gross Remuneration as administrative dues in the case of Guild Members (except Permittees) and administrative charges in the case of Permittees and to pay same to the DGC Ontario. In addition to these two percent (2%) administrative dues or charges a Guild Member may voluntarily authorize the Producer to deduct from the Gross Remuneration any amount which the said Guild Member may owe to the DGC Ontario.
(b) Check-Off Remittance
The Producer must check-off the two percent (2%) administrative dues or charges and the voluntary deductions provided for in article ON5.06(a) from the remuneration paid to each Guild Member (including each Permittee) and remit said monies to the District Council in accordance with article ON7.00.
(c) Receipts for Income Tax Purposes
Except for Guild Members who are engaged as Loan-out Corporations, the Producer shall forward to all Guild Members
their income tax receipts (T-4 Slips) indicating thereon the amount and type of check-offs paid by the Guild Member in that taxation year. In the case of Guild Members who are engaged as Loan-out Corporations, the Producer shall submit to them a statement of the check-offs paid within thirty (30) Days of completion of Production or post-Production of the Motion Picture, whichever applies.
(d) Change in Members' Check-Off
If the DGC Ontario, during the operation of this Agreement, requests a change in the rate of the check-off, the altered rate shall be deducted and remitted as above, provided the DGC Ontario bears sole responsibility for obtaining the Member's authorization to such change.
(e) Producer's Liability
Any knowing or intentional failure by the Producer to remit monies collected under this article ON5.06 shall cause the Producer to be solely responsible and liable for any monies owing.
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ON5.07 DGC Ontario Fringes
Tier Vacation Health & Welfare OR Non-Member Equalization Payment*
Retirement Contribution**
Administration &
Training Fund
Total CMPA Levy***
Grand Total
A 4% 5% 6% 1.5%**** 16.5% 2% 18.5%
B 4% 5% 6% 1.5% 16.5% 2% 18.5%
C 4% 5% 4.5% 0.5% 14% 2% 16%
D 4% 5% 2% 0.5% 11.5% 2% 13.5%
E 4% 4% 0% 0% 8% 2% 10%
F 4% 2% 0% 0% 6% 2% 8%
*Payable to DGC Ontario in accordance with ON5.02 and ON5.03
**Payable to DGC Ontario in accordance with article ON5.04
*** Payable directly to the CMPA as per article ON6.00
**** As per Article ON5.05(d), a 0.25% fringe reduction will apply to those Tier A Television Series that engage 25% or less DGC Directors.
For Fact Based/Lifestyle/Docu-Drama Productions, the fringe package is Tier E plus 0.5% Administration and Training.
ON6.00 CMPA LEVY
ON6.01 CMPA Levy
(a) Each month, the CMPA will provide to the DGC Ontario a list of CMPA members in good standing.
(b) Provided that the Producer is a member in good standing of the CMPA, the Producer shall remit directly to the CMPA on the form provided by the CMPA an amount equal to two percent (2%) of all Gross Remuneration paid to Guild Members to a maximum of five thousand ($5,000) per feature, MFT, Pilot or part of a Mini-Series, or two thousand, five hundred ($2,500) per Episode of a Series, to be remitted at the same time as other payments to Guild Members. The CMPA confirms its right to modify the CMPA levy at any point at its sole discretion.
(c) A Producer who is not a member of the CMPA, or who is not a member in good standing of the CMPA shall pay to the DGC Ontario on behalf of the CMPA an amount equal to two and one half percent (2.5%) of all Gross Remuneration paid to Guild Members. Subject to an alternate direction from the CMPA, this amount shall be collected by the DGC Ontario and remitted to the CMPA on a monthly basis, subject to the deduction of an administration fee in favour of the DGC Ontario equal to one quarter of a percent (0.25%) of all Gross Remuneration paid to Guild Members by the Producer.
(d) In any case where the DGC Ontario is unable to collect the levy specified in this article ON6.00, then the CMPA, not the DGC Ontario, shall initiate whatever collection procedures are appropriate to the CMPA.
(e) The CMPA hereby releases and forever discharges, and covenants and agrees to save harmless and indemnify the DGC Ontario and each Guild Member from any and all actions or claims in any way relating to the collection and remittance of monies by the DGC Ontario under this article ON6.00, and preparation of the list specified in article ON6.01(a).
ON7.00 GUILD REMITTANCES
ON7.01 Guild Remittances
(a) In any month in which remuneration is paid to a Guild Member, the Producer must submit to the DGC Ontario bi-weekly on a current basis all the DGC Ontario remittances and records of remuneration paid to Guild Members. At the option of the Producer, all such remittances and records may be submitted on a weekly basis. At the time that remittances are forwarded to the DGC Ontario, the Producer must forward a list indicating the name of each Guild Member and the amount and description of each remittance.
(b) That portion of the Gross Remuneration paid to a Guild Member in excess of one hundred and fifty thousand dollars ($150,000) Canadian funds for Guild Members’ check-off (see article ON5.06) and one hundred and twenty-five thousand dollars ($125,000) Canadian funds for health and welfare contributions (see article ON5.02) and non-Member equalization (see article ON5.03) on a per Production or per television Series cycle basis, shall not be subject to any further deduction or payment, as the case may be. In the case of article ON5.05 (Administration and Training Fund) the cap will be fifty thousand dollars ($50,000).
ON8.00 NEW BUSINESS DEVELOPMENT PLAN
ON8.01 Television Series and Pilots Incentives (a) Series and Pilots
Any Producer will access the following incentives for a Pilot or the first two (2) seasons of a television Series, provided there is first a mandatory and good faith consideration of DGC Directors for the Pilot and for all Episodes of the season(s) in question:
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TIER RATE FRINGES
A*
2013 – 5% off 2013 Rates
2014 - 5% off 2014 Rates
2015 – 5% off 2015 Rates
Vacation Pay 4% Health & Welfare / Non-Member Equalization 5% Retirement Contribution 5% Administration & Training Fund*** 0.5% Total 14.5% CMPA Levy** 2% Grand Total 16.5%
B*
2013 – 5% off 2013 Rates
2014 - 5% off 2014 Rates
2015 – 5% off 2015 Rates
Vacation Pay 4% Health & Welfare / Non-Member Equalization 5% Retirement Contribution 5% Administration & Training Fund 0.5% Total 14.5% CMPA Levy** 2% Grand Total 16.5%
C*
2013 – 5% off 2013 Rates
2014 - 5% off 2014 Rates
2015 – 5% off 2015 Rates
Vacation Pay 4% Health & Welfare / Non-Member Equalization 5% Retirement Contribution 3.5% Administration & Training Fund 0% Total 12.5% CMPA Levy** 2% Grand Total 14.5%
D*
2013 – 5% off 2013 Rates
2014 - 5% off 2014 Rates
2015 – 5% off 2015 Rates
Vacation Pay 4% Health & Welfare / Non-Member Equalization 5% Retirement Contribution 2.5% Administration & Training Fund 0% Total 11.5% CMPA Levy** 2% Grand Total 13.5%
E Standard Rates Apply
Vacation Pay 4% Health and Welfare / Non-Member Equalization 4% Pension 0% Administration & Training Fund 0% Total 8% CMPA Levy** 2% Grand Total 10%
ALL TIERS: MANDATORY PRIOR CONSIDERATION OF DGC DIRECTORS
*Grandfathered: For Tiers A through D, 2012 rates will apply for those productions which opened a production office prior to June 14, 2013.
** Payable to the CMPA as per article ON6.00
*** For Tier A, Article ON5.05(d) may not be used in conjunction with these incentives
(b) MFTs and Mini-Series Incentives
The financial incentives provided for in article ON8.01(a) will also apply to Tiers C and D MFTs and Tiers C and D Mini-Series engaging a DGC Director.
ON8.02 Tier E Long Form Incentive
For Tier E Productions of Movies for Television, Theatricals and Mini-Series, which engage a DGC Director, the minimum daily and weekly fees for all other categories are negotiable provided that no Guild Member receives less than the standard Ontario minimum wage.
ON8.03 Fact Based / Lifestyle / Docu-Drama Production
See Ontario Letter of Understanding NO. 2
ON9.00 TRAVEL AND ACCOMMODATION
ON9.01 Studio Zone
(a) Studio zone is the area within the boundaries of Winston Churchill Boulevard to Highway 7 to Highway 50 to Major Mackenzie to Highway 30 to the Seventh Concession to Lakeridge Road (23) to Lake Ontario. The studio zone is deemed to include Kleinberg Studios, the main street of the Town of Kleinberg, Eaton Estate, McLaughlin Estate (aka Parkwood Estate) and Toronto Islands.
(b) When a Guild Member is required to work at a location inside the boundaries of the studio zone, the Producer agrees to provide adequate parking facilities for private vehicles within a reasonable walking distance from such location, otherwise a shuttle system will be provided free by the Producer to transport all Guild Members.
When the Producer opts to provide a shuttle system, the schedule must be convenient for the Guild Member, and the Producer will be responsible for the transportation of the Guild Member's kit and all-weather gear.
(c) For all work by a Guild Member which requires travel to and from any location within the studio zone other than the "report to" location and post production facility, the Producer shall either provide free transportation or, if the Guild Member agrees to use his own vehicle for this purpose, reimbursement shall be made in accordance with article ON9.06(d). For the purposes of this article ON9.01, such locations and post production facilities shall be deemed to include, without limitation, editing rooms, cutting rooms, dubbing theatres, music recording studios, labs, optical houses, post production related libraries and Motion Picture shooting locations.
(d) Remote Location
Where the remote location of the "report to" location, or the infrequency of public transportation or the lateness of the hour could affect the Guild Member’s safety, the Producer will arrange for safe and convenient transportation from the "report to" location to a safe and convenient location, without cost to the Guild Member.
ON9.02 Nearby Location
(a) Studio zone working conditions shall prevail on Nearby Locations.
(b) Work time and travel distance, if applicable, concerning work by any Guild Member on any Nearby Location shall commence when the Guild Member crosses the studio zone
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boundary and ends at this same point.
(c) The cost of transportation to and from Nearby Locations shall be assumed by the Producer at no cost to the Guild Member. All costs for a taxi, limousine, bus or other transportation which the Guild Member is required by the Producer to use in order to get to and from a Nearby Location shall be paid by the Producer. If the Guild Member is required to use his own personal vehicle for transportation to a Nearby Location, the provisions of article ON9.06(d) shall apply.
When the Producer opts to provide a shuttle system the schedule must be convenient for the Guild Member and the Producer will be responsible for the transportation of the Guild Member's kit including all-weather gear.
(d) When any workday at a Nearby Location is fifteen (15) hours in duration or longer, upon request by a Guild Member, the Producer will make reservations for and provide first class accommodation, subject to availability, or will make arrangements to have the affected Guild Member transported back to the designated pick up/drop off point.
ON9.03 Distant Location (a) Notice
The Producer shall give the Guild and the Guild Members affected a minimum of forty-eight (48) hours written notice of departure to any Distant Location, including means of transportation acceptable to the Guild, and shall specify the accommodations available at the Distant Location.
(b) Accommodation and Meals on Distant Location
(i) Guild Members while on Distant Location shall be provided by the Producer with free first class accommodation equal to the Canadian Automobile Association standards or the American Automobile Association standards. All Guild Members will be entitled to single accommodation, where this is available.
(ii) The Producer shall pay in advance to each Guild Member a per diem allowance of fifteen dollars ($15.00) in Canadian funds per Distant Location day in Canada, or fifteen dollars ($15.00) in U.S. funds per Distant Location day in the U.S. or elsewhere in the world to cover miscellaneous expenses.
(iii) In addition, the Producer shall pay to each Guild Member in advance a per diem allowance of fifty dollars ($50.00) in Canadian funds per Distant Location day in Canada, or fifty dollars ($50.00) in U.S. funds per Distant Location day in the U.S. or elsewhere in the world to cover meal costs. However, if certain meals are provided by the Producer on Distant Location, the per diem meal allowance may be reduced by ten dollars ($10.00) for breakfast, fifteen dollars ($15.00) for lunch, and twenty-five dollars ($25.00) for supper in the applicable funds.
(iv) Proper restaurant facilities shall be made available and time consumed in traveling to and from such facilities shall be deemed to be time worked and shall not be included in the meal period.
(v) On Distant Locations where the cost of living is in excess of the above rates, the Producer shall reimburse Guild Members upon receipt of suitable documentation.
(vi) When any work day at a Distant Location falling outside a one (1) hour drive starting from the edge of the studio zone is fourteen (14) hours in duration
or longer, the Producer will make available supplied accommodation to the Guild Member. The Producer will make reservations for and provide first class accommodation and provide a per diem to the Guild Member in accordance with ON9.03(b)(ii).
(c) Work Time, Travel Time
Time spent travelling to and from Distant Locations shall be considered time worked and shall be subject to payment in accordance with this Standard Agreement. Travel time shall be calculated in reference to the Production office.
(d) Transportation
All transportation to and from Distant Locations shall be paid in advance by the Producer. Such transportation shall be arranged on scheduled carriers on economy/coach class air flights, first class rail travel or other appropriate transportation such as bus, taxi or limousine where available.
(e) Air Travel
The Producer shall only use aircraft certified for public use by governmental authorities and flown by licensed pilots. Where jet aircraft are not available, the Producer shall make every effort to utilize twin-engine propeller aircraft or helicopter.
(f) Rail Travel
When Guild Members are required to travel overnight by train, the Producer must provide at least lower berth accommodation.
ON9.04 Travel Insurance
(a) The Producer shall provide accidental death and dismemberment insurance with a benefit in a sum not less than two hundred and fifty thousand dollars ($250,000) for the benefit of the Guild Member's designated beneficiary when the Guild Member is required to travel by air transportation anywhere or by any mode of transportation to a Distant Location which for this purpose shall be defined to be greater than five hundred kilometres (500 km).
(b) In the event the Producer is unable to provide the required insurance coverage, the Guild Member shall be informed before departure so that the Guild Member may obtain such insurance coverage. The Producer shall reimburse the Guild Member for the cost of the premium paid by the Guild Member to obtain such insurance coverage.
(c) It shall not be cause for discipline or discharge for a Guild Member in good faith to refuse to travel by airplane or by helicopter, or to travel without sufficient insurance, and such refusal shall not jeopardize future working opportunities.
(d) Airplane and Helicopter, Underwater and/or Watercraft Insurance
The Producer will provide an additional minimum coverage of two hundred and fifty thousand dollars ($250,000) of accidental death and dismemberment insurance (not common carrier travel insurance) to any Guild Member required by the Producer to fly in a helicopter or
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in an aircraft in connection with the Production (other than ordinary travel), such as lining up shots, rehearsals, photography or scouting for locations. The extended insurance coverage will also apply to any Guild Member required by the Producer to work underwater or travel by watercraft.
ON9.05 Travel to Studio Zone
The Producer shall make suitable financial arrangements to enable the Guild Member to reach the studio zone and should such arrangements include an advance in cash, such advance shall be received by the Guild Member not later than one (1) working day before the departure to the studio zone. Such an advance may be deducted from the Guild Member's final remuneration cheque. Nothing in this article, ON9.05, shall limit the Guild Member from negotiating with the Producer travel arrangements and per diem arrangements in addition to any other remuneration.
ON9.06 Use of Personal Vehicles
(a) Ownership of a vehicle shall not be a condition of engagement. It shall not be a violation of this Standard Agreement for a Guild Member to refuse to use his own vehicle for work-related purposes.
(b) Each Guild Member agreeing to use his own vehicle for work-related purposes shall arrange for adequate insurance coverage for business and/or commercial purposes before using such personal vehicle for such purposes and shall provide evidence of such coverage, if requested. Such insurance coverage shall be at the expense of the Guild Member.
(c) Each Guild Member agreeing to use his own vehicle for work-related purposes shall be entitled to a reimbursement for each kilometre driven in the service of the Producer. The Producer reserves the right to authenticate the reimbursement submissions before payment.
(d) With respect to the minimum reimbursement as required under article ON9.06(c), the Producer must pay either:
(i) forty-two (42) cents per kilometre, or
(ii) a flat rate of thirty-five dollars ($35.00) per Day plus all gas expenses incurred for work related purposes
The Producer shall elect either option (i) or (ii). That election shall apply for the duration of the Guild Member’s engagement and shall be specified in the Guild Member’s Contract for Services. Where no election is made or no rate is specified, then the Producer shall pay the higher total amount to the Guild Member.
(e) The above reimbursement shall be paid to each Guild Member weekly with the regular remuneration payment.
(f) The Producer may elect to provide the Guild Member with a vehicle and pay its operating costs and need not rent the personal vehicle of any Guild Member.
ON10.00 LAY-OFF AND TERMINATION
ON10.01 Notice of Lay-off (a) Definition
"Lay-off" means a "severance from active engagement which may be temporary or permanent due to a shortage of work, including completion of assignment".
(b) Weekly
The Producer shall give a Guild Member engaged on a weekly basis a minimum of one (1) week's written notice of lay-off or a lump sum equal to one (1) week's Gross Remuneration as severance pay in lieu thereof, or where
the Guild Member has been engaged for more than one (1) year, a minimum of two (2) weeks’ written notice of lay-off or severance pay in lieu thereof. The Producer may give notice of lay-off at any time during the week and any such notice need not expire on the last Day of the Guild Member’s work week.
(c) The Producer shall pay the severance pay in a lump sum. If the Producer later re-engages the Guild Member, the Guild Member shall not be required to return any portion of the severance pay to the Producer.
(d) Record of Employment
The Producer shall, within seven (7) calendar Days of lay-off, provide the Guild Member, excluding a Loan-out Corporation, with a Record of Employment.
ON10.02 Termination of Engagement (a) Replacement
The Producer agrees that removing a Guild Member from a Motion Picture and substituting another person is undesirable, and shall not be done in any manner contrary to this Agreement.
(b) Replacing Daily Guild Member
A Guild Member engaged on a daily basis shall not be replaced for the purpose of avoiding overtime or turnaround premiums. However, when it is anticipated that such a Member will qualify for overtime or turnaround premiums, and subject to article ON1.06(c), the Producer may divide the work day into shifts and may call a substitute daily Guild Member to relieve that daily Guild Member.
(c) Replacement Pay
The Producer must give to each Guild Member who has been replaced after working:
(i) more than a total of ten (10) work days, either two (2) weeks’ written notice of replacement (exclusive of hiatus periods) or replacement pay in a lump sum equal to two (2) weeks' Gross Remuneration in lieu of such notice, but not both, where the Guild Member is engaged on a weekly basis;
(ii) more than a total of ten (10) work days, either two (2) days’ written notice of replacement (exclusive of hiatus periods) or replacement pay in a lump sum equal to two (2) days' Gross Remuneration in lieu of such notice, but not both, where the Guild Member is engaged on a daily basis;
(iii) ten (10) or fewer days, either one (1) week’s written notice of replacement (exclusive of hiatus periods) or replacement pay in a lump sum equal to one (1) week’s Gross Remuneration in lieu of such notice, but not both, where the Guild Member is engaged on a weekly basis.
(d) The Producer may give notice under article ON10.02(c)(i) or (iii) at any time during the week and any such notice need not expire on the last Day of the Guild Member’s work week.
(e) If the Producer re-engages the Guild Member, the Member shall not be required to return the replacement pay to the Producer.
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(f) A Guild Member discharged for just and reasonable cause is not eligible for replacement pay.
ON11.00 CREDITS
ON11.01 Credits
This Schedule contains special credit requirements for different job classifications. The Producer shall adhere to the current film and television industry standard by providing credits on each Motion Picture, subject to any and all applicable network restrictions and/or approvals. Said credit requirements contained herein shall not be considered to have been breached to the extent that adherence to such requirements is beyond the control of the Producer.
ON11.02 Better Conditions
The provisions in this Standard Agreement relating to credits are minimum provisions, and any Guild Member shall have the right to negotiate for any credit in excess of minimum.
ON11.03 Screen Credits
(a) In every place where screen credits must be given, the screen credits shall be written in a size and style of print which is legible and projected on a background which does not diminish the value of the credit. Screen credits shall not appear against a background which consists of an advertising or commercial message.
(b) The screen credit for any Guild Member on any Motion Picture, or any copy, version, reprint or re-production thereof, must always be according to the job classification as it appears on the Contract for Services and shall indicate the Guild Member's job classification and name.
ON11.04 Other Credits
Every Guild Member is entitled as of right to receive credit on all promotional literature, paid advertisements and publicity where it is customary in the film and television industry to give such credit to the job classification of that Guild Member. In every place where credits on promotional literature, paid advertising or publicity must be given, the credits shall be written in a size and style of print which is legible and shall appear on a background which does not diminish the readability and value of the credits.
ON11.05 District Council Credit
The Producer shall give to the DGC Ontario on the Motion Picture and every copy, version, reprint or re-production thereof screen credit by displaying the DGC Ontario logo. The DGC Ontario logo shall be displayed on a number of frames to be no less than the number of frames of the display of the logo of any other labour organization. The Producer acknowledges that the DGC Ontario logo is trademarked in the name of the DGC Ontario and is the sole property of the DGC Ontario. The DGC Ontario shall supply to the Producer the artwork of its logo.
ON11.06 CMPA Credit The official CMPA logo should appear on all Motion Pictures
and every copy, version, reprint or reproduction thereof. The CMPA shall make available to the Producer the art work of its logo. The Producer acknowledges that the CMPA name and logo are trademarks and the sole property of the CMPA.
ON11.07 Removal or Alteration of Credit
(a) Every Guild Member shall have the right, subject to his sole discretion, to refuse to have any credit using his name used in any form or manner by the Producer, which right must be exercised by the Guild Member through written notice to the Producer prior to publication of such credit by the Producer.
(b) Every Guild Member shall have the right to replace with a pseudonym any credit to which the Guild Member is entitled pursuant to the Contract for Services or this Standard Agreement, provided that such pseudonym is in good taste and is not the name of any well-known person, living or dead, and provided that such right of replacement is exercised by the Guild Member through written notice to the Producer prior to publication of credit by the Producer.
(c) The DGC Ontario shall have the right, subject to its sole discretion, to refuse to have its name and/or logo used in any form or manner by any Producer, which right must be exercised by the DGC Ontario prior to publication of its name and/or logo by the Producer. Notwithstanding anything, the DGC Ontario shall have the right to insist upon a public retraction by any Producer who publishes or otherwise uses the name and/or logo of the DGC Ontario without the prior express written consent of the DGC Ontario.
ON11.08 Submission of Proposed Screen Credit Format to the District Council
The Producer must submit to the DGC Ontario the proposed format for the final screen credits for each Theatrical and Television Motion Picture, before prints are prepared. Once the DGC Ontario approves the proposed screen credits, security will be released provided all other contractual obligations have been met. The failure to obtain the DGC Ontario's advance approval constitutes a breach of this Agreement subject to arbitration under Core article 10.00. An arbitrator thereunder is empowered to order any remedy deemed appropriate to counteract the effects of the breach.
ON11.09 Credit Grievance
(a) Any grievance with respect to and concerning any credit to which any Guild Member may be entitled pursuant to this Standard Agreement or any Contract for Services may be referred by either party immediately to an arbitrator appointed pursuant to the provisions of Core article 10.00 who must determine the matter in accordance with this Standard Agreement and any applicable Contract for Services within fifteen (15) calendar Days of the reference to arbitration. If all parties agree, the arbitrator selection procedure set out in Core article 10.10 may be bypassed in favour of the joint appointment of an industry expert. Unless the parties agree otherwise, a jointly appointed industry expert shall be vested with the powers identified in Core article 10.11.
(b) Without limiting the scope of the arbitrator's decision-making authority pursuant to this Standard Agreement and any applicable Contract for Services, the arbitrator shall have the right in respect of any credit grievance to determine the following:
(i) The kind, size, positioning and length of viewing of any screen credit; and,
(ii) The right of any Guild Member to receive screen credit or other credit and the form, manner and duration of publication; and
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(iii) Where two (2) or more Guild Members may have the right to receive credit for the same job classification, which Guild Members shall receive that credit and the form, manner and duration of publication including, without limitation, where screen credit is concerned, the kind, size, positioning and length of viewing of the screen credits.
ON12.00 SCREEN CREDITS FOR PRODUCTION DEPARTMENT
ON12.01 Screen Credits for Production Managers, First and Second Assistant Directors on Theatrical and Television Motion Pictures
(a) The Producer shall accord credit in a "prominent place" on all positive prints of each Theatrical and Television Motion Picture to the Production Manager, First Assistant Director, and Second Assistant Director rendering their services on such Motion Picture.
(b) The term "prominent place" means no less than a separate card, or its equivalent in a crawl, shared by no more than three (3) names. The only "technical" credits which may receive a more prominent place shall be those of the Costume Designer, Music Composer, Director of Photography, the Art Director and the Film Editor.
(c) The order of the names on such card or such crawl shall be the Production Manager in the first position, First Assistant Director in the second position, and the Second Assistant Director in the third position and each of such names on the card or crawl shall be of the same size and style of type.
(d) On a Theatrical or Television Motion Picture photographed in whole or in part in a foreign country on which the Producer engages any Production Manager or Assistant Director subject to this Agreement and any Production Manager or Assistant Director not subject to this Agreement, if the Production Manager, First Assistant Director, or Second Assistant Director subject to this Agreement works on such a Production less than fifty percent (50%) of the shooting days, the Guild Member shall receive screen credit, either on a card immediately following the credit accorded to the foreign Production Manager, First Assistant Director, or Second Assistant Director, as the case may be, or with the credits for the Canadian crew, subject to the provisions of this Agreement.
ON12.02 Screen Credits for Location Managers, Unit Managers and Assistant Production Managers on Theatrical and Television Motion Pictures
The Producer shall accord credit in the technical credits on all positive prints of each Theatrical and Television Motion Picture, to the Location Manager, Unit Manager and Assistant Production Manager.
ON12.03 Screen Credits for Third Assistant Directors, Assistant Location Managers and Production Assistants (a) Theatrical Motion Pictures
On Theatrical Motion Pictures, any Third Assistant Director and/or Assistant Location Manager assigned for at least one-third (1/3rd) of principal photography shall receive credit for their job classification. Screen credits for Production Assistants shall be given at the Producer’s discretion. (b) Television Motion Pictures
On Television Motion Pictures, the credit for Third Assistant Director, Assistant Location Manager, and Production Assistant shall be given at the Producer's discretion.
ON12.04 Screen Credits for the Accounting Department
(a) The Production Accountant shall receive credit in the technical credits on all positive prints of each Motion Picture.
(b) Theatrical Motion Pictures
On Theatrical Motion Pictures, the credit for all Assistants, Clerks and Trainees shall be at the Producer's discretion.
(c) Television Motion Pictures
On Television Motion Pictures, the credit for all Assistants, Clerks and Trainees shall be at the Producer’s discretion.
ON13.00 SCREEN CREDITS FOR ART DEPARTMENT
ON13.01 Screen Credits for Production Designers or for Art Directors as Head of the Department
(a) On all positive prints of each Theatrical and Television Motion Picture, any person performing the duties as the head of the Art Department, either the Production Designer or the Art Director, as the case may be, must be given by the Producer a head screen credit of at least equal size and prominence to the head credit of the Director of Photography, which screen credit shall appear immediately following or preceding the screen credit given the Director of Photography.
(b) Production Design Credit for Subsequent Use
When a set design or a realized set is reused, the Production Designer or Art Director responsible for its design will be awarded a screen credit. The form and placement of this credit will be at the discretion of the Producer.
ON13.02 Screen Credits for Art Directors Working Under a Production Designer and for First Assistant Art Directors/Set Designers/Graphic Designers
On all positive prints of each Theatrical and Television Motion Picture, any person performing duties as an Art Director working under a Production Designer or as a First Assistant Art Director/Set Designer/Graphic Designer must be given a tail screen credit by the Producer.
ON13.03 Screen Credits for Second Assistant Art Directors, and Art Department Trainees (a) Theatrical Motion Pictures
On Theatrical Motion Pictures, any Second Assistant Art Director and/or Art Department Trainee (PA) shall receive credit for their job classification.
(b) Television Motion Pictures
On Television Motion Pictures, the credit for Second Assistant Art Director and/or Art Department Trainee (PA) shall be given at the Producer's discretion.
ON14.00 SCREEN CREDITS FOR EDITING DEPARTMENT
ON14.01 Screen Credits for Picture Editors on Theatrical and Television Motion Pictures
(a) The Producer shall accord credit in a prominent place on all positive prints of each Theatrical and Television Motion Picture to the Editor who edited such Motion Picture. Screen credit for
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the Picture Editor shall read "Edited by" or "Editor" or "Film Editor".
(b) The term “prominent place” means no less than a separate card, or its equivalent, in a crawl. The screen credit for the Picture Editor shall not be less than the size and style of type, positioning and length of viewing of the screen credit for the Production Designer and the Director of Photography. Screen credit for the Picture Editor will appear in the head credits if the Director of Photography and the Production Designer’s credits also appear in the head credits. The screen credit for the Production Designer and/or Director of Photography may appear first.
ON14.02 Screen Credits for Editing Department Personnel on Theatrical and Television Motion Pictures
(a) On all Theatrical Motion Pictures and Television Motion Pictures over sixty (60) minutes in length, all Editing Department personnel engaged on such Motion Pictures shall receive screen credit for their classification.
(b) On all Television Motion Pictures sixty (60) minutes or less in length, the Picture Editor shall receive screen credit in accordance with article ON14.01 and all Sound Editors engaged on such Motion Pictures shall receive screen credit for their classification. The granting of screen credit for all other Editing Department personnel shall be subject to negotiation between each individual Guild Member and the Producer.
ON14.03 Screen Credits for Editing Department Personnel on all other Motion Pictures
On all Motion Pictures other than Theatrical and Television Motion Pictures, the granting of screen credit and the size, positioning and length of viewing of the screen credit shall be subject to negotiation between each individual Guild Member and the Producer.
ON14.04 Publicity
The Producer shall list the name(s) of the Supervising Editors, Editors and First Assistant Editors when submitting any credits for any person working on the Motion Picture to any trade or other publication for the purpose of reviews and/or publicity.
ON14.05 Professional Designation
If any Guild Member has the proper right and authority to include after his name the name or initials of any professional designation, such as "c.c.e.", for example, the Producer shall include the name or initials of any such proper professional designation after the name of such Guild Member in all screen or other credits given by the Producer to such Guild Member.
ON15.00 MINIMUM STAFFING
ON15.01 Minimum Personnel: Directors
(a) The Producer will engage one (1) Director for the production period of the Motion Picture.
(b) Television Series
On a television Series, the Producer will engage at least two (2) Directors for the series who shall function on a "prep-shoot" basis.
(c) Each Director shall be engaged pursuant to a specific term engagement under Core article 12.04.
ON15.02 Minimum Personnel: Production Department
(a) For the purposes of article ON15.00, the Production Department shall be deemed to consist of the Production Department, the Assistant Director Department and the Locations Department.
(b) Except on television Series, the Producer will engage as department heads at least one (1) Production Manager in the Production Department, one (1) First Assistant Director, in the Assistant Director Department, and one (1) Location Manager in the Locations Department.
(c) Television Series
Subject to ON15.02(d), on a television Series, the Producer will engage at least two (2) First Assistant Directors and two (2) Location Managers, all of whom shall function on a "prep-shoot" basis, and at least one (1) Production Manager.
(d) With respect to the requirement that two (2) Location Managers be engaged on a television Series:
(i) If the District Council cannot supply a qualified Location Manager, an Assistant Location Manager may be used in place of one of the Location Managers without being upgraded to the higher category.
(ii) For all Productions where principal photography is shot entirely in the studio, only one (1) Location P.A. is required.
(e) Eight Hour Call
Where Production Assistants (PA’s) are normally engaged, and where a weekly PA is already engaged, the Producer may engage additional daily Production Assistants subject to an eight (8) hour minimum Call under the following terms:
(i) The daily PA will receive no less than fifty-five percent (55%) of the applicable daily rate for a maximum eight (8) hour Call, inclusive of a one half (1/2) hour paid meal break be required to be taken by the end of the sixth (6
th) hour of work.
(ii) If the daily PA is required to work in excess of eight (8) hours the daily PA will receive no less than the full applicable daily rate.
(f) Four Hour Call
A Guild Member may be engaged on a maximum four (4) hour Call for securing signatures for a location permit or for driving commercial production vehicles where a Guild Member has been on duty in excess of the time allowed under the Highway Traffic Act. The Guild Member will receive no less than forty percent (40%) of the Location PA (LPA) daily rate. Hours in excess of the four (4) hour Call will be calculated as regular overtime based on the daily rate for a Location PA.
ON15.03 Minimum Personnel: Art Department
The Producer will engage as department head at least one (1) Production Designer or Art Director in the Art Department.
ON15.04
The Producer will engage a Guild Member in each classification set out in articles ON15.02 and ON15.03 for a minimum of five (5) work days each and every week of principal photography, and where applicable, each and every week of pre-production.
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ON15.05 Minimum Personnel: Picture and Sound Editing Departments (a) Picture Editing
The Producer will engage at least one (1) Picture Editor for a minimum of five (5) work days each and every week during the Picture Post Production Period.
(b) Sound Editing
The Producer will engage at least one (1) Sound Editor for a minimum of five (5) work days each and every week during the Sound Post Production Period.
(c) Supervising Editor
If a Guild Member coordinates, directs or supervises the work of any Editor or group of Editors and also performs any of the work functions of an Editor, then that person must be engaged, classified, credited and paid as a Supervising Editor.
ON15.06 Minimum Personnel: Accounting Department
(a) The Producer will engage at least one (1) Production Accountant. A company which employs full time permanent accounting staff during the post production period is not obligated to engage those individuals under the Standard Agreement.
(b) The Agreement shall apply to Post Production Accountants only by mutual consent, however:
(i) A Production Accountant who has completed the original term of engagement may continue to be engaged as the Post Production Accountant, but only if the Agreement continues to apply.
(ii) This Agreement does not provide for a minimum rate for Post Production Accountants but tier E fringes apply regardless of the tier.
ON15.07 Minimum Personnel: Second Unit
On a Second Unit shoot, the Producer will engage at least one (1) First Assistant Director, and one (1) Production Assistant in the AD Department and at least one (1) Location Manager in the Locations Department. Beyond this, the minimum personnel will be determined in accordance with article ON15.09 and provided that the main unit minimum personnel is not reduced without the mutual consultation and agreement between the Producer and the affected department heads.
ON15.08 Minimum Personnel: Strip Programs
For a Strip Program shot on videotape or in a television style multi-camera film shoot using a control room staff and television floor manager and assistants instead of Assistant Directors, the only minimum personnel requirement is the engagement of one (1) Director, provided that the Director has adequate time to prepare shooting plans as part of the Director’s work period. If this proviso cannot be met, then the Producer shall engage at least two (2) Directors in accordance with article ON15.01(b).
ON15.09 Determination of Minimum Personnel Requirements
(a) Subject to article ON15.09(b), the minimum personnel requirements for each department, including duration of engagement of such personnel, will be determined through mutual consultation and agreement between the department head of each department and the Producer. Where no agreement has been reached or when the District Council believes the staffing is insufficient, the matter will be decided in accordance with Core article 10.00, and if required, will be dealt with as an interest arbitration thereunder.
(b) Where the department head is a Permittee, then the minimum personnel requirements for that department
shall be determined through mutual consultation and agreement between the Producer and the highest ranking Guild Member in the department, not by the department head. Rank shall be determined by job classification, and if necessary, by date of engagement.
(c) On a Television Series or any other Production where two (2) or more Guild Members occupy the same classification, with the exception of the two (2) First Assistant Directors who will function as co-heads of the AD department, the department head shall be selected and rank under article ON15.09(b) shall be determined on the basis of which Guild Member was hired first.
(d) Where two (2) or more Guild Members occupy the same classification, the Guild Member who is responsible for consultation and agreement with the Producer under article ON15.09(a) and ON15.09(b) in determining minimum personnel requirements shall consult with the other Guild Members in the same classification with respect to those requirements.
ON15.10
If there is no consultation or agreement under article ON15.09(a) or ON15.09(b), then in addition to the relief available under Core article 10.00, the department head under article ON15.09(a) or the Guild Member under article ON15.09 may in his sole and unfettered discretion terminate his engagement forthwith, without notice or compensation in lieu thereof. In such a case, termination of the engagement shall be without any liability whatsoever to the department head or Guild Member.
ON15.11
The Producer will engage a sufficient number of Guild Members so as to ensure that each Guild Member is able to complete the work in an efficient, safe, creative and productive manner and in accordance with the job classifications and descriptions contained herein.
ON16.00 SOUND POST PRODUCTION
ON16.01 Contracting Out
Without limiting the generality of Core article 3.05, the Producer will not contract out any Sound Post Production duties except in accordance with the provisions of article ON16.00.
ON16.02 Engagement of Post Production House Staff
For Tier D and E Productions*, the Producer shall be at liberty to engage a post production house and its staff in order to perform Sound Post Production duties, provided that:
(i) "staff" is deemed to be limited to full-time, year round, permanent employees of the post house and;
(ii) any Sound Post Production duties beyond those that can be performed by staff will be performed by Guild Members in accordance with the Standard Agreement.
Core articles 3.05(a), (b), and (c) apply to all Tier A, B and C Productions.
* This Article will expire on January 1, 2015.
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ON16.03 Sound Post Production List
If requested by DGC Ontario, the Producer must provide a current list of the names, job classification or title, and date of engagement or assignment of each staff member and Guild Member engaged or assigned to perform any Sound Post Production duties relating to the Motion Picture:
(a) within two (2) business days after commencement of post production services and;
(b) at any other time upon request of the DGC Ontario.
ON16.04 Updated Sound Post Production List
If requested by the DGC Ontario, the Producer must provide a revised and updated list forthwith after each Guild Member is engaged or assigned to perform any Sound Post Production duties during the period in which services are provided.
ON16.05 Half-day Rate
A Guild Member may be engaged for Sound Post Production duties for a period up to six (6) consecutive hours on any one day at a minimum rate of fifty-five percent (55%) of the applicable daily rate (rounded to the closest five dollars ($5.00)). For a Call in excess of six (6) hours the applicable daily rate will apply.
ON16.06 Multiple Assignments
(a) (i) A Sound Editor may be assigned more than one (1) Motion Picture only to the extent provided for in Core article 7.03.
(ii) A Sound Editor engaged on a single Contract for Services for more than one (1) Motion Picture must be paid no less than the highest applicable rate.
(b) An Assistant Sound Editor may be engaged on a single Contract for Services for more than one Motion Picture pro-rated on the basis of the work performed.
ON16.07 "Favoured Nations"
The DGC Ontario shall be free to negotiate compensation on behalf of its Members in connection with Productions in tiers D and E.
ON16.08 Sound Post Security
In addition to the requirements for security under Core article 14.09, the DGC Ontario may require the Producer to post a cash bond in an amount to cover two (2) weeks Gross Remuneration (plus fringes) of all remaining Guild Members for Sound Post Production, or to provide other security as contemplated in Core article 14.09.
ON17.00 APPROVED ONTARIO ARBITRATORS
ON17.01
The following individuals shall comprise the panel of arbitrators to whom a grievance may be referred for arbitration:
Rick MacDowell
Marilyn Nairn
ON18.00 WORK PERMITS
ON18.01 Permit Fees (a) Non-Canadian Permittees
(i) For each non-Canadian Permittee, the Producer agrees to deduct from that non-Canadian Permittee’s Gross Remuneration and remit or pay directly to the DGC Ontario, a permit fee of fifty dollars ($50.00) per day to a cap of two hundred dollars ($200.00) per week of engagement, payable from principal photography.
(ii) For Tier A Productions using foreign accounting personnel only: in addition to the exempt classification of controller/auditor, the DGC Ontario shall grant as a matter of right, if requested by the Producer, a maximum of two (2) permits for a fee of up to one hundred ($100.00) per week each, one (1) of which may be for a Production Accountant. Additional permits for foreign accountants may be granted by the DGC Ontario.
(b) Canadian Permittees
(i) For each Canadian Permittee engaged in the classification of Director, the Producer agrees to deduct from that Canadian Permittee’s Gross Remuneration and remit or pay directly to the DGC Ontario, a permit fee of two hundred dollars ($200.00) per week of engagement or portion thereof.
(ii) For each Canadian Permittee engaged in a DGC Ontario classification other than that of Director or Location Support Personnel, the Producer agrees to deduct from that Canadian Permittee’s Gross Remuneration and remit or pay directly to the DGC Ontario, a permit fee of fifty dollars ($50.00) per week of engagement or portion thereof.
ON19.00 HEALTH AND SAFETY
ON19.01
In addition to the health and safety provisions outlined in Core article 16.00, the Producer agrees to adhere to the "Safety Guidelines for the Film and Television Industry in Ontario" dated June 2009 ("Safety Guidelines") developed by the Ontario Film and Television Industry Section 21 Advisory Committee in conjunction with the Ontario Ministry of Labour. These Safety Guidelines as they now exist or as they may hereafter be amended shall be deemed to be incorporated, as if set forth in full in writing, into this Agreement.
ON19.02 Workers Safety and Insurance Board of Ontario
Guild Members shall be covered by the Workers Safety and Insurance Board of Ontario or its equivalent coverage by a private insurance carrier. The Producer shall bear the full costs of such coverage and shall provide the DGC Ontario with confirmation that such insurance is in effect.
ON19.03 Moving of Commercial Production Vehicle(s)
Under no circumstances shall a Producer require a Guild Member who has been on duty in excess of the time allowed under the Highway Traffic Act to drive a commercial production vehicle.
Where a Guild Member is unable to drive a commercial production vehicle pursuant to the Highway Traffic Act as described above, the producer may assign the driving of the commercial production vehicle to any other individual.
The Producer will be responsible for providing the Guild Member with transportation to a destination agreed to by the Producer and the Guild Member.
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ON20.00 LOCATION SUPPORT PERSONNEL (LSP)
ON20.01 Application of Standard Agreement
The Standard Agreement applies to Location Support Personnel except as amended below.
ON20.02 Bargaining Unit
The Producer will engage Guild Members as Location Support Personnel. Anyone performing location support duties for the Locations Department will be engaged as Location Support Personnel.
ON20.03 No Contracting Out
The traditional duties of Location PAs or members of the Guild Apprenticeship Program (GAP) must be assigned to Guild Members. For greater clarity, in accordance with Core article 3.05, the traditional duties of Location PAs or members of the Guild Apprenticeship Program must not be contracted out.
ON20.04 Hourly Engagement
The Location Support Personnel will be engaged on an hourly basis, subject to a minimum six (6) hour Call.
ON20.05 Hourly Rates
Subject to the six (6) hour minimum Call, the hourly Location Support Personnel rates for 2013 – 2015 are:
A B C D E F
2013 $14.99 13.82 $13.82 $13.46 $13.46 Negotiable*
2014 $15.29 $14.10 $14.10 $13.73 $13.73 Negotiable*
2015
$15.60 $14.38 $14.38 $14.01 $14.01 Negotiable*
* Tier F rates are negotiable provided they are no less than Ontario minimum wage.
ON20.06 Premium Payment Calculations
All premium and penalty payments for Location Support Personnel are based on the hourly rate.
ON20.07 Overtime Calculations
(a) Overtime is calculated at one and a half times (1½) for work after twelve (12) hours. Double time applies to all work after sixteen (16) hours. In addition, the hourly rate will form the basis for the calculation of all other premium and penalty payments provided for in article ON2.00. For example:
(i) Work on a 6th day = hourly x 2, work in excess of 12 hours = hourly x 3
(ii) Work on a 7th day = hourly x3, work in excess of 12 hours = hourly x 3
(iii) Work on a holiday = hourly x 2, work in excess of 12 hours = hourly x 3
(iv) Turnaround infringement = hourly x 2.
(b) Holidays
Location Support Personnel who are required to work on a holiday will receive the requisite premium payments required by this Agreement even if the District Council has agreed to a holiday variance for Guild Members engaged on a daily or weekly basis.
ON20.08 Permittees
If the District Council cannot supply competent Guild Members to fulfil the duties of Location Support Personnel, when requested by the Producer, the Producer may consider a non-Guild person for engagement. The District Council, in its reasonable discretion, may issue a work permit to a Permittee. The 2% check-off provided for in article ON5.06 will be deducted from the Location Support Personnel's
remuneration and remitted in accordance with Core article 7.08.
ON20.09 Meal Allowance and Breaks
(a) If a hot meal is not provided to the Location Support Personnel, the Producer will supply the Location Support Personnel with a meal allowance of fifteen ($15.00) dollars per Call.
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(b) Where a Location Support Personnel has responsibilities at a remote location and where it is not possible to get prior approval of overtime, no prior approval of overtime is required if the Location Support Personnel remains at
the location without being relieved.
(c) Article ON3.01 does not apply to Location Support Personnel.
ON20.10 Fringes The following fringes and levies are calculated on the total Gross Remuneration:
Tier Vacation
Health and Welfare*
OR Non-Member Equalization*
Administration and Training
Fund Total
CMPA Levy**
Grand Total
A 4% 5% 1.5% 10.5% 2% 12.5%
B 4% 5% 1.5% 10.5% 2% 12.5%
C 4% 5% 0.5% 9.5% 2% 11.5%
D 4% 5% 0.5% 9.5% 2% 11.5%
E 4% 4% 0% 8% 2% 10%
F 4% 4% 0% 8% 2% 10%
*Payable to DGC Ontario in accordance with ON5.02 or ON5.03 ** Payable directly to the CMPA as per article ON6.00
For Fact Based/Lifestyle/Docu-Drama Productions, the fringe package is Tier E plus 0.5% Administration and Training.
ON20.11 Safety (a) Shelter Allowance
Where health and safety requires use of a vehicle for shelter between November 15 and March 15, the Location Support Personnel will be paid a one-hour bonus per Call at the applicable minimum rate.
(b) The Rodger Goodlad Rule
A Location Support Personnel who works alone or in a remote location will be supplied with a cell phone, walkie talkie or other communication device, where communication is possible.
ON20.12 T2200
In lieu of a mutually agreeable kit rental, the Producer will complete the T2200 form or equivalent, if requested by the Location Support Personnel. The completed T2200 will be provided with the Record of Employment (ROE) in accordance with article ON10.01(d).
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BUDGET TIERS
The tiers apply from June 14, 2013 until January 2, 2014.
(a) Theatrical Motion Pictures (includes "Features")
Tier 2013
A $10,591,452 and over
B $5,896,987 - $10,591,451
C $3,607,569 - $5,896,986
D $2,334,780 - $3,607,568
E $1,326,000 - $2,334,779
F under $1,326,000
(b) Movies for Television (includes "Direct to Video")
Tier 2013
A $7,936,651 and over
B $5,952,488 - $7,936,650
C $3,306,938 - $5,952,487
D $2,334,780 - $3,306,937
E $1,222,980 - $2,334,779
F under $1,222,980 (c) Mini-Series (per each 2 hours of broadcast time)
Tier 2013
A $6,359,496 and over
B $4,625,088 - $6,359,495
C $3,468,816 - $4,625,087
D $2,334,780 - $3,468,815
E $1,222,980 - $2,334,779
F under $1,222,980 (d) Television Series - ½ hour episode (includes Pilots,
Anthologies, Episodic Television Series, Spinoffs, Television Drama Specials, Variety Series & Specials)
Tier 2013
A $1,017,519 and over
B $740,014 - $1,017,518
C $508,760 - $740,013
D $370,007 - $508,759
E $138,975 - $370,006
F under $138,975
(e) Television Series – 1 hour episode (includes Pilots, Anthologies, Episodic Television Series, Spinoffs, Television Drama Specials, Variety Series & Specials)
Tier 2013
A $1,688,157 and over
B $1,329,713 - $1,688,156
C $936,580 - $1,329,712
D $601,261 - $936,579
E $250,155 - $601,260
F under $250,155
(f) Serial and Strip Programs – ½ hour
Tier 2013
A $531,885 and over
B $474,072 - $531,884
C $335,319 - $474,071
D $208,129 - $335,318
E $122,298 - $208,128
F under $122,298
(g) Serial and Strip Programs – 1 hour
Tier 2013
A $1,063,770 and over
B $936,580 - $1,063,769
C $670,638 - $936,579
D $265,943 - $670,637
E $211,242 - $265,942
F under $211,242 (h) New Media Productions – Per minute of finished
material
Tier 2013
A $42,396 and over
B $30,834 - $42,395
C $21,198 - $30,833
D $15,417 - $21,197
E $5,791 - $15,416
F under $5,791
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BUDGET TIERS
These tiers apply from January 3, 2014 until January 1, 2015.
(a) Theatrical Motion Pictures (includes "Features")
Tier 2014
A $10,803,281 and over
B $6,014,927 - $10,803,280
C $3,679,720 - $6,014,926
D $2,381,476 - $3,679,719
E $1,352,520 - $2,381,475
F under $1,352,520
(b) Movies for Television (includes "Direct to Video")
Tier 2014
A $8,095,384 and over
B $6,071,538 - $8,095,383
C $3,373,077 - $6,071,537
D $2,381,476 - $3,373,076
E $1,247,440 - $2,381,475
F under $1,247,440 (c) Mini-Series (per each 2 hours of broadcast time)
Tier 2014
A $6,486,686 and over
B $4,717,590 - $6,486,685
C $3,538,192 - $4,717,589
D $2,381,476 - $3,538,191
E $1,247,440 - $2,381,475
F under $1,247,440 (d) Television Series - ½ hour episode (includes Pilots,
Anthologies, Episodic Television Series, Spinoffs, Television Drama Specials, Variety Series & Specials)
Tier 2014
A $1,037,869 and over
B $754,814 - $1,037,868
C $518,935 - $754,813
D $377,407 - $518,934
E $141,755 - $377,406
F under $141,755
(e) Television Series – 1 hour episode (includes Pilots,
Anthologies, Episodic Television Series, Spinoffs, Television Drama Specials, Variety Series & Specials)
Tier 2014
A $1,721,920 and over
B $1,356,307 - $1,721,919
C $955,312 - $1,356,306
D $613,286 - $955,311
E $255,158 - $613,285
F under $255,158
(f) Serial and Strip Programs – ½ hour
Tier 2014
A $542,523 and over
B $483,553 - $542,522
C $342,025 - $483,552
D $212,292 - $342,024
E $124,744 - $212,291
F under $124,744 (g) Serial and Strip Programs – 1 hour
Tier 2014
A $1,085,045 and over
B $955,312 - $1,085,044
C $684,051 - $955,311
D $271,262 - $684,050
E $215,467 - $271,261
F under $215,467 (h) New Media Productions – Per minute of finished
material
Tier 2014
A $43,244 and over
B $31,451 - $43,243
C $21,622 - $31,450
D $15,725 - $21,621
E $5,907 - $15,724
F under $5,907
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BUDGET TIERS
These tiers apply from January 2, 2015 until December 31, 2015.
(a) Theatrical Motion Pictures (includes "Features")
Tier 2015
A $11,019,347 and over
B $6,135,226 - $11,019,346
C $3,753,314 - $6,135,225
D $2,429,106 - $3,753,313
E $1,379,570 - $2,429,105
F under $1,379,570
(b) Movies for Television (includes "Direct to Video")
Tier 2015
A $8,257,292 and over
B $6,192,969 - $8,257,291
C $3,440,539 - $6,192,968
D $2,429,106 - $3,440,538
E $1,272,389 - $2,429,105
F under $1,272,389 (c) Mini-Series (per each 2 hours of broadcast time)
Tier 2015
A $6,616,420 and over
B $4,811,942 - $6,616,419
C $3,608,956 - $4,811,941
D $2,429,106 - $3,608,955
E $1,272,389 - $2,429,105
F under $1,272,389 (d) Television Series - ½ hour episode (includes Pilots,
Anthologies, Episodic Television Series, Spinoffs, Television Drama Specials, Variety Series & Specials)
Tier 2015
A $1,058,626 and over
B $769,910 - $1,058,625
C $529,314 - $769,909
D $384,955 - $529,313
E $144,590 - $384,954
F under $144,590
(e) Television Series – 1 hour episode (includes Pilots,
Anthologies, Episodic Television Series, Spinoffs, Television Drama Specials, Variety Series & Specials)
Tier 2015
A $1,756,358 and over
B $1,383,433 - $1,756,357
C $974,418 - $1,383,432
D $625,552 - $974,417
E $260,261 - $625,551
F under $260,261
(f) Serial and Strip Programs – ½ hour
Tier 2015
A $553,373 and over
B $493,224 - $553,372
C $348,866 - $493,223
D $216,538 - $348,865
E $127,239 - $216,537
F under $127,239
(g) Serial and Strip Programs – 1 hour
Tier 2015
A $1,106,746 and over
B $974,418 - $1,106,745
C $697,732 - $974,417
D $276,687 - $697,731
E $219,776 - $276,686
F under $219,776 (h) New Media Productions – Per minute of finished
material
Tier 2015
A $44,109 and over
B $32,080 - $44,108
C $22,054 - $32,079
D $16,040 - $22,053
E $6,025 - $16,039
F under $6,025
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Production Department - 2013 Rates
The rates for 2013 apply from June 14, 2013 to January 2, 2014.
Classification Tier A Tier B Tier C Tier D Tier E Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily
All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Production Manager
$3,498.00 $874.50 $3,151.00 $787.75 $2,758.00 $689.50 $2,349.00 $587.25 $1,901.00 $475.25
Assistant Production Manager /
Unit Manager
$2,456.00 $614.00 $2,212.00 $553.00 $1,899.00 $474.75 $1,643.00 $410.75 $1,332.00 $333.00
First Assistant Director
$3,361.00 $840.25 $3,037.00 $759.25 $2,656.00 $664.00 $2,257.00 $564.25 $1,832.00 $458.00
Second Assistant Director
$2,423.00 $605.75 $2,195.00 $548.75 $1,917.00 $479.25 $1,632.00 $408.00 $1,321.00 $330.25
Third Assistant Director
$1,500.00 $375.00 $1,400.00 $350.00 $1,350.00 $337.50 $1,125.00 $281.25 $1,086.00 $271.50
Trainee Assistant Director
$1,127.00 $281.75 $1,050.00 $262.50 $1,030.00 $257.50 $1,020.00 $255.00 $1,020.00 $255.00
Set Production Assistant
$1,052.00 $263.00 $1,030.00 $257.50 $1,020.00 $255.00 $1,020.00 $255.00 $1,020.00 $255.00
Second Set Production
Asst (8 hour shift)
n/a $144.65 n/a $141.65 n/a $140.25 n/a $140.25 n/a $140.25
Location Manager
$2,548.00 $637.00 $2,292.00 $573.00 $2,019.00 $504.75 $1,718.00 $429.50 $1,384.00 $346.00
Assistant Location Manager /
Locations Scout
$1,867.00 $466.75 $1,679.00 $419.75 $1,479.00 $369.75 $1,299.00 $324.75 $1,086.00 $271.50
Location Production Assistant
(LPA )
$1,093.00 $273.25 $1,060.00 $265.00 $1,040.00 $260.00 $1,020.00 $255.00 $1,020.00 $255.00
Location Production
Assistant (4 hour call)
n/a $109.30 n/a $106.00 n/a $104.00 n/a $102.00 n/a $102.00
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Production Department - 2014 Rates
The rates for 2014 apply from January 3, 2014 to January 1, 2015.
Classification Tier A Tier B Tier C Tier D Tier E Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily
All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Production Manager
$3,568.00 $892.00 $3,214.00 $803.50 $2,813.00 $703.25 $2,396.00 $599.00 $1,939.00 $484.75
Assistant Production Manager /
Unit Manager
$2,505.00 $626.25 $2,257.00 $564.25 $1,937.00 $484.25 $1,676.00 $419.00 $1,359.00 $339.75
First Assistant Director
$3,428.00 $857.00 $3,097.00 $774.25 $2,709.00 $677.25 $2,302.00 $575.50 $1,869.00 $467.25
Second Assistant Director
$2,471.00 $617.75 $2,239.00 $559.75 $1,955.00 $488.75 $1,665.00 $416.25 $1,347.00 $336.75
Third Assistant Director
$1,530.00 $382.50 $1,428.00 $357.00 $1,377.00 $344.25 $1,238.00 $309.50 $1,194.00 $298.50
Trainee Assistant Director
$1,149.00 $287.25 $1,071.00 $267.75 $1,051.00 $262.75 $1,040.00 $260.00 $1,040.00 $260.00
Set Production Assistant
$1,073.00 $268.25 $1,050.00 $262.50 $1,040.00 $260.00 $1,040.00 $260.00 $1,040.00 $260.00
Second Set Production
Asst (8 hour shift)
n/a $147.55 n/a $144.40 n/a $143.00 n/a $143.00 n/a $143.00
Location Manager
$2,599.00 $649.75 $2,338.00 $584.50 $2,059.00 $514.75 $1,752.00 $438.00 $1,412.00 $353.00
Assistant Location Manager / Locations
Scout
$1,904.00 $476.00 $1,712.00 $428.00 $1,509.00 $377.25 $1,325.00 $331.25 $1,194.00 $298.50
Location Production Assistant
(LPA )
$1,115.00 $278.75 $1,081.00 $270.25 $1,061.00 $265.25 $1,040.00 $260.00 $1,040.00 $260.00
Location Production
Assistant (4 hour call)
n/a $111.50 n/a $108.10 n/a $106.10 n/a $104.00 n/a $104.00
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Production Department - 2015 Rates
The rates for 2015 apply from January 2, 2015 to December 31, 2015.
Classification Tier A Tier B Tier C Tier D Tier E Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily
All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Production Manager
$3,603.00 $900.75 $3,246.00 $811.50 $2,841.00 $710.25 $2,420.00 $605.00 $1,959.00 $489.75
Assistant Production Manager /
Unit Manager
$2,530.00 $632.50 $2,279.00 $569.75 $1,957.00 $489.25 $1,693.00 $423.25 $1,372.00 $343.00
First Assistant Director
$3,462.00 $865.50 $3,128.00 $782.00 $2,736.00 $684.00 $2,325.00 $581.25 $1,887.00 $471.75
Second Assistant Director
$2,520.00 $630.00 $2,284.00 $571.00 $1,994.00 $498.50 $1,698.00 $424.50 $1,374.00 $343.50
Third Assistant Director
$1,561.00 $390.25 $1,457.00 $364.25 $1,405.00 $351.25 $1,340.00 $335.00 $1,230.00 $307.50
Trainee Assistant Director
$1,172.00 $293.00 $1,093.00 $273.25 $1,072.00 $268.00 $1,061.00 $265.25 $1,061.00 $265.25
Set Production Assistant
$1,094.00 $273.50 $1,071.00 $267.75 $1,061.00 $265.25 $1,061.00 $265.25 $1,061.00 $265.25
Second Set Production
Asst (8 hour shift)
n/a $150.45 n/a $147.30 n/a $145.90 n/a $145.90 n/a $145.90
Location Manager
$2,651.00 $662.75 $2,385.00 $596.25 $2,100.00 $525.00 $1,787.00 $446.75 $1,440.00 $360.00
Assistant Location Manager / Locations
Scout
$1,942.00 $485.50 $1,747.00 $436.75 $1,539.00 $384.75 $1,352.00 $338.00 $1,248.00 $312.00
Location Production Assistant
(LPA )
$1,138.00 $284.50 $1,103.00 $275.75 $1,082.00 $270.50 $1,061.00 $265.25 $1,061.00 $265.25
Location Production
Assistant (4 hour call)
n/a $113.80 n/a $110.30 n/a $108.20 n/a $106.10 n/a $106.10
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Art Department – 2013 Rates
The rates for 2013 apply from June 14, 2013 to January 2, 2014.
Classification Tier A Tier B Tier C Tier D Tier E Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily
All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Production Designer
$4,260.00 $1065.00 $3,935.00 $983.75 $3,440.00 $860.00 $2,923.00 $730.75 $2,366.00 $591.50
Art Director (Head of
Department) $3,747.00 $936.75 $3,458.00 $864.50 $3,037.00 $759.25 $2,576.00 $644.00 $2,084.00 $521.00
Art Director $2,825.00 $706.25 $2,599.00 $649.75 $2,281.00 $570.25 $1,945.00 $486.25 $1,579.00 $394.75
First Assistant Art
Director / Set Designer
$2,104.00 $526.00 $1,939.00 $484.75 $1,744.00 $436.00 $1,458.00 $364.50 $1,177.00 $294.25
Second Assistant Art
Director $1,711.00 $427.75 $1,590.00 $397.50 $1,378.00 $344.50 $1,171.00 $292.75 $978.00 $244.50
Art Department Trainee (PA)
$956.00 $239.00 $890.00 $222.50 $839.00 $209.75 $839.00 $209.75 $839.00 $209.75
Art Department - 2014 Rates
The rates for 2014 apply from January 3, 2014 to January 1, 2015.
Classification Tier A Tier B Tier C Tier D Tier E Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily
All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Production Designer
$4,345.00 $1086.25 $4,014.00 $1003.50 $3,509.00 $877.25 $2,982.00 $745.50 $2,414.00 $603.50
Art Director (Head of
Department) $3,822.00 $955.50 $3,527.00 $881.75 $3,097.00 $774.25 $2,627.00 $656.75 $2,126.00 $531.50
Art Director $2,882.00 $720.50 $2,651.00 $662.75 $2,326.00 $581.50 $1,984.00 $496.00 $1,611.00 $402.75
First Assistant Art
Director / Set Designer
$2,146.00 $536.50 $1,978.00 $494.50 $1,779.00 $444.75 $1,488.00 $372.00 $1,201.00 $300.25
Second Assistant Art
Director $1,745.00 $436.25 $1,622.00 $405.50 $1,406.00 $351.50 $1,195.00 $298.75 $1,018.00 $254.50
Art Department Trainee (PA)
$975.00 $243.75 $908.00 $227.00 $856.00 $214.00 $856.00 $214.00 $856.00 $214.00
Art Department - 2015 Rates
The rates for 2015 apply from January 2, 2015 to December 31, 2015.
Classification Tier A Tier B Tier C Tier D Tier E Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily
All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Production Designer
$4,388.00 $1097.00 $4,054.00 $1013.50 $3,544.00 $886.00 $3,012.00 $753.00 $2,438.00 $609.50
Art Director (Head of
Department) $3,861.00 $965.25 $3,562.00 $890.50 $3,128.00 $782.00 $2,653.00 $663.25 $2,147.00 $536.75
Art Director $2,940.00 $735.00 $2,704.00 $676.00 $2,373.00 $593.25 $2,004.00 $501.00 $1,627.00 $406.75
First Assistant Art
Director / Set Designer
$2,189.00 $547.25 $2,017.00 $504.25 $1,815.00 $453.75 $1,517.00 $379.25 $1,225.00 $306.25
Second Assistant Art
Director $1,780.00 $445.00 $1,655.00 $413.75 $1,434.00 $358.50 $1,218.00 $304.50 $1,058.00 $264.50
Art Department Trainee (PA)
$994.00 $248.50 $926.00 $231.50 $873.00 $218.25 $873.00 $218.25 $873.00 $218.25
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2013 Picture Editing Department Rates – Theatrical Motion Pictures, Made for Television Movies, Mini-Series
The rates for 2013 apply from June 14, 2013 to January 2, 2014.
Classification Tier A Tier B Tier C Tier D Tier E Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily
All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Supervising Picture Editor
$3,600.00 $900.00 $3,321.00 $830.25 $2,895.00 $723.75 $2,432.00 $608.00 $1,964.00 $491.00
Picture Editor / Editor
$3,299.00 $824.75 $3,043.00 $760.75 $2,679.00 $669.75 $2,268.00 $567.00 $1,838.00 $459.50
First Assistant Picture Editor
$2,148.00 $537.00 $1,976.00 $494.00 $1,728.00 $432.00 $1,476.00 $369.00 $1,195.00 $298.75
Assistant Picture
Editor per 11.35(c)
$1,416.00 $354.00 $1,314.00 $328.50 $1,143.00 $285.75 $978.00 $244.50 $839.00 $209.75
Assistant Picture Editor
$1,174.00 $293.50 $1,075.00 $268.75 $974.00 $243.50 $839.00 $209.75 $839.00 $209.75
Post Production Assistant
$887.00 $221.75 $839.00 $209.75 $839.00 $209.75 $839.00 $209.75 $839.00 $209.75
2013 Picture Editing Department Rates– Anthologies, Pilots, Spinoffs, Strip Programs, TV Drama Series, TV Series, Variety Specials, Variety Series
The rates for 2013 apply from the date of adherence to January 2, 2014.
Classification Tier A Tier B Tier C Tier D Tier E Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily
All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Supervising Picture Editor
$3,286.00 $821.50 $3,037.00 $759.25 $2,661.00 $665.25 $2,224.00 $556.00 $1,805.00 $451.25
Picture Editor / Editor
$2,884.00 $721.00 $2,679.00 $669.75 $2,337.00 $584.25 $1,979.00 $494.75 $1,609.00 $402.25
First Assistant Picture Editor
$1,964.00 $491.00 $1,815.00 $453.75 $1,590.00 $397.50 $1,349.00 $337.25 $1,091.00 $272.75
Assistant Picture
Editor per 11.35(c)
$1,331.00 $332.75 $1,228.00 $307.00 $1,075.00 $268.75 $921.00 $230.25 $839.00 $209.75
Assistant Picture Editor
$1,130.00 $282.50 $1,031.00 $257.75 $939.00 $234.75 $852.00 $213.00 $842.00 $210.50
Post Production Assistant
$887.00 $221.75 $839.00 $209.75 $839.00 $209.75 $839.00 $209.75 $839.00 $209.75
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2013 - 2015 DGC/CMPA Standard Agreement Ontario Schedule 5 Page 171
2014 Picture Editing Department Rates – Theatrical Motion Pictures, Made for Television Movies, Mini-Series
The rates for 2014 apply from January 3, 2014 to January 1, 2015.
Classification Tier A Tier B Tier C Tier D Tier E Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily
All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Supervising Picture Editor
$3,672.00 $918.00 $3,388.00 $847.00 $2,924.00 $731.00 $2,444.00 $611.00 $1,974.00 $493.50
Picture Editor / Editor
$3,365.00 $841.25 $3,104.00 $776.00 $2,732.00 $683.00 $2,314.00 $578.50 $1,875.00 $468.75
First Assistant Picture Editor
$2,191.00 $547.75 $2,015.00 $503.75 $1,763.00 $440.75 $1,506.00 $376.50 $1,219.00 $304.75
Assistant Picture
Editor per 11.35(c)
$1,444.00 $361.00 $1,340.00 $335.00 $1,166.00 $291.50 $998.00 $249.50 $856.00 $214.00
Assistant Picture Editor
$1,198.00 $299.50 $1,097.00 $274.25 $994.00 $248.50 $856.00 $214.00 $856.00 $214.00
Post Production Assistant
$905.00 $226.25 $856.00 $214.00 $856.00 $214.00 $856.00 $214.00 $856.00 $214.00
2014 Picture Editing Department Rates – Anthologies, Pilots, Spinoffs, Strip Programs, TV Drama Series, TV Series, Variety Specials, Variety Series
The rates for 2014 apply from January 3, 2014 to January 1, 2015.
Classification Tier A Tier B Tier C Tier D Tier E Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily
All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Supervising Picture Editor
$3,352.00 $838.00 $3,067.00 $766.75 $2,688.00 $672.00 $2,235.00 $558.75 $1,814.00 $453.50
Picture Editor / Editor
$2,941.00 $735.25 $2,705.00 $676.25 $2,360.00 $590.00 $2,018.00 $504.50 $1,641.00 $410.25
First Assistant Picture Editor
$2,003.00 $500.75 $1,851.00 $462.75 $1,622.00 $405.50 $1,376.00 $344.00 $1,113.00 $278.25
Assistant Picture
Editor per 11.35(c)
$1,358.00 $339.50 $1,253.00 $313.25 $1,097.00 $274.25 $939.00 $234.75 $856.00 $214.00
Assistant Picture Editor
$1,153.00 $288.25 $1,052.00 $263.00 $958.00 $239.50 $869.00 $217.25 $858.00 $214.50
Post Production Assistant
$905.00 $226.25 $856.00 $214.00 $856.00 $214.00 $856.00 $214.00 $856.00 $214.00
O N T A R I O – S C H E D U L E 5 P I C T U R E E D I T I N G D E P A R T M E N T
2013 – 2015 DGC/CMPA Standard Agreement Ontario Schedule 5 Page 172
2015 Picture Editing Department Rates – Theatrical Motion Pictures, Made for Television Movies, Mini-Series
The rates for 2015 apply from January 2, 2015 to December 31, 2015.
Classification Tier A Tier B Tier C Tier D Tier E Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily
All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Supervising Picture Editor
$3,708.00 $927.00 $3,421.00 $855.25 $2,953.00 $738.25 $2,456.00 $614.00 $1,983.00 $495.75
Picture Editor / Editor
$3,432.00 $858.00 $3,166.00 $791.50 $2,787.00 $696.75 $2,360.00 $590.00 $1,912.00 $478.00
First Assistant Picture Editor
$2,234.00 $558.50 $2,055.00 $513.75 $1,798.00 $449.50 $1,536.00 $384.00 $1,243.00 $310.75
Assistant Picture
Editor per 11.35(c)
$1,473.00 $368.25 $1,367.00 $341.75 $1,190.00 $297.50 $1,018.00 $254.50 $873.00 $218.25
Assistant Picture Editor
$1,221.00 $305.25 $1,119.00 $279.75 $1,013.00 $253.25 $873.00 $218.25 $873.00 $218.25
Post Production Assistant
$923.00 $230.75 $873.00 $218.25 $873.00 $218.25 $872.00 $218.00 $873.00 $218.25
2015 Picture Editing Department Rates – Anthologies, Pilots, Spinoffs, Strip Programs, TV Drama Series, TV Series, Variety Specials, Variety Series
The rates for 2015 apply from January 2, 2015 to December 31, 2015.
Classification Tier A Tier B Tier C Tier D Tier E Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily
All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Supervising Picture Editor
$3,386.00 $846.50 $3,098.00 $774.50 $2,715.00 $678.75 $2,246.00 $561.50 $1,823.00 $455.75
Picture Editor / Editor
$3,000.00 $750.00 $2,759.00 $689.75 $2,407.00 $601.75 $2,059.00 $514.75 $1,674.00 $418.50
First Assistant Picture Editor
$2,044.00 $511.00 $1,888.00 $472.00 $1,655.00 $413.75 $1,404.00 $351.00 $1,135.00 $283.75
Assistant Picture
Editor per 11.35(c)
$1,385.00 $346.25 $1,278.00 $319.50 $1,119.00 $279.75 $958.00 $239.50 $873.00 $218.25
Assistant Picture Editor
$1,176.00 $294.00 $1,073.00 $268.25 $977.00 $244.25 $887.00 $221.75 $875.00 $218.75
Post Production Assistant
$923.00 $230.75 $873.00 $218.25 $873.00 $218.25 $873.00 $218.25 $873.00 $218.25
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2013 – 2015 DGC/CMPA Standard Agreement Ontario Schedule 5 Page 173
2013 Sound Editing Rates – Theatrical Motion Pictures, Made for Television Movies, Mini-Series
The rates for 2013 apply from June 14, 2013 to January 2, 2014.
Classification Tier A Tier B Tier C Tier D Tier E Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Supervising Sound Editor
$3,074.00 $768.50 $2,843.00 $710.75 $2,207.00 $551.75 $1,871.00 $467.75 $1,517.00 $379.25
Sound Editor / Editor
$2,872.00 $718.00 $2,658.00 $664.50 $2,079.00 $519.75 $1,760.00 $440.00 $1,420.00 $355.00
First Assistant
Sound Editor $1,855.00 $463.75 $1,711.00 $427.75 $1,332.00 $333.00 $1,142.00 $285.50 $940.00 $235.00
Trainee Assistant
Editor/ Post
Production Assistant
$998.00 $249.50 $913.00 $228.25 $860.00 $215.00 $847.00 $211.75 $839.00 $209.75
2013 Sound Editing Rates – Anthologies, Pilots, Spinoffs, Strip Programs, TV Drama Series, TV Series, Variety Specials, Variety Series
The rates for 2013 apply from the date of adherence to January 2, 2014.
Classification Tier A Tier B Tier C Tier D Tier E Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Supervising Sound Editor
$2,804.00 $701.00 $2,602.00 $650.50 $2,027.00 $506.75 $1,715.00 $428.75 $1,386.00 $346.50
Sound Editor / Editor
$2,520.00 $630.00 $2,332.00 $583.00 $1,820.00 $455.00 $1,535.00 $383.75 $1,240.00 $310.00
First Assistant
Sound Editor $1,700.00 $425.00 $1,568.00 $392.00 $1,229.00 $307.25 $1,034.00 $258.50 $849.00 $212.25
Trainee Assistant
Editor/ Post
Production Assistant
$965.00 $241.25 $887.00 $221.75 $846.00 $211.50 $839.00 $209.75 $839.00 $209.75
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2013 – 2015 DGC/CMPA Standard Agreement Ontario Schedule 5 Page 174
2014 Sound Editing Department Rates – Theatrical Motion Pictures, Made for Television Movies, Mini-Series
The rates for 2014 apply from January 3, 2014 to January 1, 2015.
Classification Tier A Tier B Tier C Tier D Tier E Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Supervising Sound Editor
$3,136.00 $784.00 $2,900.00 $725.00 $2,251.00 $562.75 $1,890.00 $472.50 $1,532.00 $383.00
Sound Editor / Editor
$2,929.00 $732.25 $2,712.00 $678.00 $2,120.00 $530.00 $1,795.00 $448.75 $1,448.00 $362.00
First Assistant
Sound Editor $1,901.00 $475.25 $1,754.00 $438.50 $1,365.00 $341.25 $1,170.00 $292.50 $963.00 $240.75
Trainee Assistant
Editor/ Post
Production Assistant
$1,018.00 $254.50 $931.00 $232.75 $877.00 $219.25 $864.00 $216.00 $856.00 $214.00
2014 Sound Editing Department Rates – Anthologies, Pilots, Spinoffs, Strip Programs, TV Drama Series, TV Series, Variety Specials, Variety Series
The rates for 2014 apply from January 3, 2014 to January 1, 2015.
Classification Tier A Tier B Tier C Tier D Tier E Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Supervising Sound Editor
$2,860.00 $715.00 $2,654.00 $663.50 $2,068.00 $517.00 $1,732.00 $433.00 $1,400.00 $350.00
Sound Editor / Editor
$2,571.00 $642.75 $2,379.00 $594.75 $1,856.00 $464.00 $1,566.00 $391.50 $1,265.00 $316.25
First Assistant
Sound Editor $1,742.00 $435.50 $1,607.00 $401.75 $1,260.00 $315.00 $1,060.00 $265.00 $870.00 $217.50
Trainee Assistant
Editor/ Post
Production Assistant
$984.00 $246.00 $905.00 $226.25 $863.00 $215.75 $856.00 $214.00 $856.00 $214.00
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2013 - 2015 DGC/CMPA Standard Agreement Ontario Schedule 5 Page 175
2015 Sound Editing Department Rates – Theatrical Motion Pictures, Made for Television Movies, Mini-Series
The rates for 2015 apply from January 2, 2015 to December 31, 2015.
Classification Tier A Tier B Tier C Tier D Tier E Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Supervising Sound Editor
$3,167.00 $791.75 $2,958.00 $739.50 $2,296.00 $574.00 $1,909.00 $477.25 $1,547.00 386.75
Sound Editor / Editor
$2,988.00 $747.00 $2,766.00 $691.50 $2,163.00 $540.75 $1,831.00 $457.75 $1,477.00 369.25
First Assistant
Sound Editor $1,939.00 $484.75 $1,789.00 $447.25 $1,392.00 $348.00 $1,194.00 $298.50 $987.00 246.75
Trainee Assistant
Editor/ Post
Production Assistant
$1,038.00 $259.50 $950.00 $237.50 $895.00 $223.75 $882.00 $220.50 $873.00 218.25
2015 Sound Editing Department Rates – Anthologies, Pilots, Spinoffs, Strip Programs, TV Drama Series, TV Series, Variety Specials, Variety Series
The rates for 2015 apply from January 2, 2015 to December 31, 2015.
Classification Tier A Tier B Tier C Tier D Tier E Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Supervising Sound Editor
$2,888.00 $722.00 $2,680.00 $670.00 $2,088.00 $522.00 $1,749.00 $437.25 $1,414.00 $353.50
Sound Editor / Editor
$2,648.00 $662.00 $2,450.00 $612.50 $1,912.00 $478.00 $1,597.00 $399.25 $1,290.00 $322.50
First Assistant
Sound Editor $1,777.00 $444.25 $1,639.00 $409.75 $1,285.00 $321.25 $1,081.00 $270.25 $892.00 $223.00
Trainee Assistant
Editor/ Post
Production Assistant
$1,004.00 $251.00 $923.00 $230.75 $880.00 $220.00 $873.00 $218.25 $873.00 $218.25
O N T A R I O – S C H E D U L E 5 A C C O U N T I N G D E P A R T M E N T
2013 – 2015 DGC/CMPA Standard Agreement Ontario Schedule 5 Page 176
2013 Accounting Department Rates
The rates for 2013 apply from June 14, 2013 to January 2, 2014.
Classification Tier A TV Series
Tier A Features
Tier B TV Series
Tier B Features
Tier A MFT
Tier C TV Series
Tier C Features
Tier B MFT
Tier D TV Series
Tier D Features
Tier C MFT
Tier E TV Series
Tier E Features
Tier D & E MFT
Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily
All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Production Accountant
$2,718.00 $679.50 $2,468.00 $617.00 $2,224.00 $556.00 $1,893.00 $473.25 $1,533.00 $383.25
First Assistant Accountant (General)
$2,104.00 $526.00 $1,854.00 $463.50 $1,626.00 $406.50 $1,382.00 $345.50 $1,120.00 $280.00
First Assistant Accountant
(Payroll) $1,873.00 $468.25 $1,723.00 $430.75 $1,516.00 $379.00 $1,292.00 $323.00 $1,044.00 $261.00
Second Assistant
Accountant $1,247.00 $311.75 $1,141.00 $285.25 $997.00 $249.25 $887.00 $221.75 $847.00 $211.75
Third Assistant Accountant
$1,015.00 $253.75 $915.00 $228.75 $860.00 $215.00 $839.00 $209.75 $839.00 $209.75
Trainee Assistant
Accountant $956.00 $239.00 $890.00 $222.50 $839.00 $209.75 $839.00 $209.75 $839.00 $209.75
2014 Accounting Department Rates
The rates for 2014 apply from January 3, 2014 to January 1, 2015.
Classification Tier A TV Series
Tier A Features
Tier B TV Series
Tier B Features
Tier A MFT
Tier C TV Series
Tier C Features
Tier B MFT
Tier D TV Series
Tier D Features
Tier C MFT
Tier E TV Series
Tier E Features
Tier D & E MFT
Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily
All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Production Accountant
$2,773.00 $693.25 $2,518.00 $629.50 $2,268.00 $567.00 $1,931.00 $482.75 $1,564.00 $391.00
First Assistant Accountant (General)
$2,146.00 $536.50 $1,891.00 $472.75 $1,658.00 $414.50 $1,410.00 $352.50 $1,142.00 $285.50
First Assistant Accountant
(Payroll) $1,910.00 $477.50 $1,758.00 $439.50 $1,546.00 $386.50 $1,317.00 $329.25 $1,065.00 $266.25
Second Assistant
Accountant $1,272.00 $318.00 $1,164.00 $291.00 $1,017.00 $254.25 $905.00 $226.25 $864.00 $216.00
Third Assistant Accountant
$1,035.00 $258.75 $933.00 $233.25 $877.00 $219.25 $856.00 $214.00 $856.00 $214.00
Trainee Assistant
Accountant $975.00 $243.75 $907.00 $226.75 $856.00 $214.00 $856.00 $214.00 $856.00 $214.00
O N T A R I O – S C H E D U L E 5 A C C O U N T I N G D E P A R T M E N T
2013 - 2015 DGC/CMPA Standard Agreement Ontario Schedule 5 Page 177
2015 Accounting Department Rates
The rates for 2015 apply from January 2, 2015 to December 31, 2015.
Classification Tier A TV Series
Tier A Features
Tier B TV Series
Tier B Features
Tier A MFT
Tier C TV Series
Tier C Features
Tier B MFT
Tier D TV Series
Tier D Features
Tier C MFT
Tier E TV Series
Tier E Features
Tier D & E MFT
Tier F
Weekly Daily Weekly Daily Weekly Daily Weekly Daily Weekly Daily
All minimum rates negotiable.
Cannot be less than the Ontario minimum wage.
See mandatory fringe package.
Production Accountant
$2,800.00 $700.00 $2,543.00 $635.75 $2,291.00 $572.75 $1,950.00 $487.50 $1,595.00 $398.75
First Assistant Accountant (General)
$2,189.00 $547.25 $1,929.00 $482.25 $1,692.00 $423.00 $1,438.00 $359.50 $1,165.00 $291.25
First Assistant Accountant
(Payroll) $1,948.00 $487.00 $1,793.00 $448.25 $1,577.00 $394.25 $1,344.00 $336.00 $1,087.00 $271.75
Second Assistant
Accountant $1,298.00 $324.50 $1,187.00 $296.75 $1,038.00 $259.50 $923.00 $230.75 $881.00 $220.25
Third Assistant Accountant
$1,056.00 $264.00 $952.00 $238.00 $895.00 $223.75 $873.00 $218.25 $873.00 $218.25
Trainee Assistant
Accountant $995.00 $248.75 $926.00 $231.50 $873.00 $218.25 $873.00 $218.25 $873.00 $218.25
O N T A R I O – S C H E D U L E 5 F R I N G E B E N E F I T S
2013 – 2015 DGC/CMPA Standard Agreement Ontario Schedule 5 Page 178
CATEGORY VACATION PAY
ON4.01
HEALTH & WELFARE
(HW)
ON5.02
NON-MEMBER EQUALIZATION
PAYMENT
ON5.03
RETIREMENT
CONTRIBUTION
ON5.04
ADMINISTRATION & TRAINING FUND**
ON5.05
MEMBER'S CHECK-OFF
ON5.06
PERMIT FEES
ON18.00
Guild Members All Categories
Except Permittees
Payable by Producer to
Member
Payable by Producer to
DGC Ontario N/A
Payable by Producer to DGC Ontario
Payable by Producer to DGC Ontario
(HST applicable)
2% of Gross deducted from
Member & paid to DGC Ontario
N/A
Non-Canadian Permittees Excluding
DGA, U.S.IATSE, including
IATSE Local 829
Payable by Producer to Permittee, if applicable.
N/A Payable by
Producer to the DGC Ontario
Payable by Producer to Permittee
Payable by Producer to DGC Ontario
(HST applicable)
2% of Gross deducted from
Permittee & paid to DGC Ontario
$50/day capped at $200/week deducted
from Permittee & remitted to DGC
Ontario
(HST Applicable)
DGA, U.S. IATSE & IATSE
Local 829 Permittees
Only
Payable by Producer to Permittee if applicable
N/A N/A N/A
Payable by Producer to DGC Ontario
(HST applicable)
2% of applicable DGC Ontario
minimum deducted from
Permittee & paid to DGC Ontario as
administration charge
$50/day capped at $200/week deducted
from Permittee & remitted to DGC
Ontario
(HST Applicable)
DGC/DGA Dual Card Members
permitted to work under a DGA contract
Payable by Producer to
the non-loan-out Member if
applicable
N/A N/A N/A
Payable by Producer to DGC Ontario
(HST applicable)
2% of applicable DGC Ontario
minimum deducted from
Member & paid to DGC Ontario as administration
charge
Except for Directors, $50/week or portion
thereof deducted from Member & remitted to DGC
Ontario (HST Applicable)
For Directors, $200/week or portion
thereof deducted from Member or paid
by Producer & remitted to DGC
Ontario (HST Applicable)
Non-Canadian Production
Accountants (for Tier A
only)
Payable by Producer to Permittee if applicable
N/A N/A Payable by Producer
to Permittee
Payable by Producer to DGC Ontario
(HST applicable)
2% of applicable DGC Ontario
Minimum deducted from
Permittee & paid to DGC Ontario as
administration charge
$100/week deducted from Permittee & remitted to DGC
Ontario
(HST Applicable)
Canadian Permittees
All Categories (except
Director and LSP)*
Payable by Producer to Permittee
N/A Payable by
Producer to DGC Ontario
Payable by Producer to Permittee
Payable by Producer to DGC Ontario
(HST applicable)
2% of Gross deducted from
Permittee & paid to DGC Ontario
Except for Directors and LSP’s,
$50/week or portion thereof deducted from Member & remitted to DGC
Ontario (HST Applicable) For Directors,
$200/week or portion thereof deducted from Member & remitted to DGC
Ontario
(HST Applicable)
LSP Payable by Producer to Permittee
Payable by Producer to
DGC Ontario If LSP is a Member
Payable by Producer to DGC
Ontario if LSP is not a Member
N/A
Payable by Producer to DGC Ontario
(HST applicable)
2% of Gross deducted from
Permittee & paid to DGC Ontario
N/A
* Permit fees for Canadian Directors shall be $200/week or portion thereof deducted from Permittee and remitted to DGC Ontario. For financial caps on contributions, see article ON7.00. ** For all Tier A Television Series that engage 25% or less DGC Directors, a 0.25% fringe reduction in the Administration and Training Fund will apply. CMPA Levy: Provided that the Producer is a member in good standing of the CMPA, the Producer shall remit directly to the CMPA an amount equal to 2% of all Gross Remuneration paid to Guild Members to a maximum of $5,000 per feature, MFT, Pilot, part of a Mini-Series, or $2,500 per Episode of a Series (article ON6.00). HST is applicable on the CMPA levy.
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2013 – 2015 DGC/CMPA Standard Agreement Ontario Schedule 5 Page 179
NO. 1 - The DGC Ontario Jurisdiction
1. Subject to the terms set out below, the DGC Ontario represents all of the classifications set out in Core article 11.00.
2. For the life of the Agreement, the DGC Ontario does not represent Production Coordinators, Assistant Production Coordinators and Trainee Production Coordinators;
3. With respect to a particular classification which has never been represented by District under this Agreement or any prior Guild Basic Agreement, and notwithstanding Core article 7.00 (re: permits), the Producer may engage any individual to fill that particular classification; however, should that individual be a Guild Member, then the Producer will only engage that individual pursuant to this Agreement, including but not limited to the applicable Contract for Services. For greater clarity these classifications are:
(a) Technical Coordinator
(b) Art Department Coordinator
(c) PA (Office)
(d) Post Production Supervisor
(e) Post Production Coordinator
The parties will assess on an ongoing basis any jurisdictional issues that arise and in the next round of negotiations for a renewal Standard Agreement will negotiate appropriate jurisdictional language.
Canadian Media
Production Association Directors Guild of Canada
per__________________________ per__________________________ Chief Negotiator and Chief Legal Officer
President
Directors Guild of Canada - Ontario
per__________________________ Chair
O N T A R I O – S C H E D U L E 5 L E T T E R S O F U N D E R S T A N D I N G
2013 – 2015 DGC/CMPA Standard Agreement Ontario Schedule 5 Page 180
NO. 2 - Fact Based/Lifestyle/Docu-Drama Production
With respect to each Guild Member (including but not limited to a Director) who is engaged to work in a Guild category on a Fact Based/Lifestyle/Docu-Drama Production, the Producer must engage such Guild Member subject to the terms of this Agreement, except as is provided herein.
There shall be no minimum rate applicable to the services provided by the Guild Member and the rate of remuneration shall be subject to negotiation between the Guild Member and the Producer.
Regardless of the Budget of the Production, the fringe package applicable to that Guild Member is the applicable package for a tier E Production, plus a one-half percent (1/2%) administration and training fund payment to the Guild.
Subject to the terms herein, the “monetary” provisions of the Agreement shall not be applicable to the Guild Member and the “non-monetary” provisions shall be applicable. For greater clarity, any and all monetary terms, including but not limited to a Director rights acquisition fee are negotiable between the Guild Member and the Producer.
For greater clarity, the “reservation of rights“ provisions article DR25.00 and the “ISAN” provision article DR24.00 are applicable to the Director of a Fact based/Lifestyle/Docu-Drama Production.
Nothing in the Schedule nor in the Agreement shall prevent the Producer from engaging a non-Guild Member to perform any duties in relation to a Fact Based/Lifestyle/Docu-Drama Production.
Canadian Media
Production Association Directors Guild of Canada
per__________________________ per__________________________ Chief Negotiator and Chief Legal Officer
President
Directors Guild of Canada - Ontario
per__________________________ Chair
O N T A R I O – S C H E D U L E 5 L E T T E R S O F U N D E R S T A N D I N G
2013 - 2015 DGC/CMPA Standard Agreement Ontario Schedule 5 Page 181
NO. 3 – Tier F Productions
For Tier F Productions, the Producer must engage such Guild Member subject to the terms of this Agreement, except as is provided herein. Rates and all other monetary terms of the Agreement are negotiable, subject to the remittance of applicable fringes, with the amount of such fringes to be based on the negotiated Contract Rate as agreed to by the Guild Member and the Producer. Nothing in the Directors Schedule or the Agreement shall prevent the Producer from engaging a non-Guild Member to perform any duties in relation to a Tier F Production. However, the non-Guild Member will be subject to the permitting provisions under the Standard Agreement. The Parties shall monitor Tier F Productions over the term of the Standard Agreement and each party reserves the right to revisit the issue of dispensation for Tier F Productions when bargaining commences for renewal of the Standard Agreement.
Canadian Media Production Association
Directors Guild of Canada
per__________________________ per__________________________ Chief Negotiator and Chief Legal Officer
President
Directors Guild of Canada - Ontario
per__________________________ Chair
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WORK PERMIT APPLICATION FOR NON-CANADIANS
I hereby apply for a work permit from the DGC Ontario (the “District Council”) subject to the terms below and of the 2013 – 2015 DGC/CMPA Standard Agreement to which the District Council is a party (the “Collective Agreement”). I hereby of my own free will authorize, designate, and choose the District Council to negotiate, bargain collectively for minimum terms and conditions of engagement, and present and discuss grievances with the Producer as my exclusive collective bargaining agent and representative.
If the District Council accepts this application, I agree to be bound by and observe the Collective Agreement, the District Council’s Constitution, by-laws, working conditions, rules, regulations, orders, the trust agreement and plan rules of the Directors Guild of Canada Health and Welfare Plan Trust (the “H&W Plan”) as they now exist or may hereafter be amended, and decisions of the District Council’s executive board, committees, its membership and/or the Trustees (the “Trustees”) of the H&W Plan. I base my application for a work permit on the following facts which I affirm to be true:
I, ___________________________________________, wish to be engaged by as a
(PRINT NAME OF PRODUCTION COMPANY)
_________________________________________________________________________, on the Motion Picture currently known as and entitled:
“___________________________________________________________________________” on episode number(s) ______________(if applicable)
(A copy of the Applicant's resume must be attached to this Application.)
I DECLARE AND AFFIRM THAT:
I am a member in good standing of the Directors Guild of America, Inc. (the "DGA") and request that my engagement be
subject to the current DGA collective bargaining agreement; OR I am a member in good standing of a local in the United States of America of the International Alliance of Theatrical
Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada ("U.S IATSE") and request that my engagement be subject to the current collective bargaining agreement of Local ____________ (please complete) of U.S. IATSE; OR I am not a member in good standing of either the DGA or U.S. IATSE. and request that my engagement be subject to the terms and conditions of the 2013-2015 DGC/CMPA Standard Agreement.
I understand that the Guild may require me to present documented proof of coverage and of my membership in the DGA or U.S. IATSE. if I so elect to be engaged subject to the terms and conditions of the collective bargaining agreement of such organization. In that regard, I also understand and agree that I shall neither be subject to the grievance and arbitration procedures provided in the collective agreement of the District Council nor have recourse to the bond held by the District Council.
IN CONSIDERATION OF RECEIVING A PERMIT TO WORK, I AUTHORIZE THE FOLLOWING ACTIONS AND AGREE THAT:
(a) The Producer will deduct from my Gross Remuneration the District Council administration charge of 2% and a permit fee of $50.00 per day to a cap of $200.00 per week of my engagement, plus HST, and will remit the same to the District Council weekly.
(b) A percentage based on the applicable tier of the Production, as set forth in article ON5.07, of my Gross Remuneration, subject to article ON5.03(b) will be remitted by the Producer to the District Council for use in the District Council’s discretion, but not deducted from Gross Remuneration.
(c) Any required Producer contributions to the District Council’s group retirement plan (“CEIRP”) will be paid to me directly, not to DGC Ontario, as part of my Gross Remuneration.
(d) I am not entitled to, waive all rights to, and will not receive any benefits from the CEIRP nor any health, life, dental or related benefits from the H&W Plan, and the delivery of those benefits is strictly governed by the applicable plan documents and trust agreement.
(e) I hereby waive, release, and forever discharge any claims in respect of the H&W Plan and the CEIRP (“Claims”) which I may have against the Trustees of the H&W Plan, the Directors Guild of Canada or any of its District Councils, the District Council and its Members, the Producer and the CMPA or any of the officers, directors, employees or agents of any of them.
(f) I will not commence any legal proceedings before any court, labour board, arbitrator, administrative tribunal or other body whatsoever, in respect of Claims, monies remitted as equalization payments by the Producer, or deducted from my Gross Remuneration, which have been applied to District Council administration and permit fees or otherwise used in the District Council’s discretion, and any benefits from or contributions to the H&W Plan or the CEIRP.
(g) Should any declaration above prove to be false, the District Council may unilaterally refuse to grant me a permit or may revoke such permit without notice once granted.
DATED AT ____________________________________, THIS ______________________ DAY OF _________________________________, 20 ____
PRINT NAME _________________________________________________ PHONE # (INCLUDE PAGER OR CELL) ___________________________
ADDRESS_________________________________________________________________________________________________________________
SIGNATURE OF APPLICANT _______________________________________________ DATE OF BIRTH __________________________________
SIGNATURE OF PRODUCER _________________________________________________________________________________________________
The District Council confirms that the above named person is permitted to work, at the sole discretion of the District Council on all or part of the motion picture currently known as and entitled: "_________________________________________________________________________________________"
AUTHORIZED BY __________________________________________________________________________________________________________
SIGNATURE ON BEHALF OF DISTRICT COUNCIL (PRINT NAME & TITLE)
O N T A R I O – S C H E D U L E 5
2013 – 2015 DGC/CMPA Standard Agreement Ontario Schedule 5 Page 183
WORK PERMIT APPLICATION FOR CANADIANS AND PERMANENT RESIDENTS I hereby apply for a work permit from the DGC Ontario (the “District Council”) subject to the terms below and of the 2013 – 2015 DGC/CMPA Standard Agreement to which the District Council is a party (the “Collective Agreement”). I hereby of my own free will author ize, designate, and choose the District Council to negotiate, bargain collectively for minimum terms and conditions of engagement, and present and discuss grievances with the Producer as my exclusive collective bargaining agent and representative.
If the District Council accepts this application, I agree to be bound by and observe the Collective Agreement, the District Council’s Constitution, by-laws, working conditions, rules, regulations, orders, the trust agreement and plan rules of the Directors Guild of Canada Health and Welfare Plan Trust (the “H&W Plan”) as they now exist or may hereafter be amended, and decisions of the District Council’s executive board, committees, its membership and/or the Trustees (the “Trustees”) of the H&W Plan. I declare and affirm that I am either a Canadian Citizen or a person granted permanent resident status by the Government of Canada. I base my application of the following facts, which I declare and affirm to be true:
I, ______________________________________, wish to be engaged by as a (PRINT NAME OF PRODUCTION COMPANY)
_____________________________________________________________, on the Motion Picture currently known as and entitled:
“_____________________________________________________________” on episode number(s) ______________(if applicable)
(A copy of the Applicant's resume must be attached to this Application.)
I declare and affirm that I am a member in good standing of the following union(s): __________________________________. I understand that I may be required to present documented proof of my membership in that union.
I am a Member in good standing of the DGA and the DGC. I request that my engagement be subject to the terms and
conditions of the DGA’s Basic Agreement. I agree to the DGC Ontario administration charge of 2% and Guild assessments, if any, being deducted from my Gross Remuneration and remitted by the Producer to DGC Ontario, in accordance with Core articles 7.08 and 7.10 of the 2013 -2015 DGC/CMPA Standard Agreement.
OR I request that my engagement be subject to the terms and conditions of the 2013 – 2015 DGC/CMPA Standard Agreement and I agree to the DGC Ontario administration charge of 2% being deducted from my Gross Remuneration and remitted by the Producer to DGC Ontario on a weekly basis in accordance with article ON5.06 of the 2013 – 2015 DGC/CMPA Standard Agreement
IN CONSIDERATION OF RECEIVING A PERMIT TO WORK, I AUTHORIZE THE FOLLOWING ACTIONS AND AGREE THAT: (a) The Producer will deduct from my Gross Remuneration the District Council administration charge of two percent (2%) and a
permit fee of fifty dollars ($50.00) per week of my engagement or portion thereof, or a permit fee of two hundred dollars ($200.00) per week or portion thereof of my engagement if I am engaged as a Director, plus GST or HST as applicable, and will remit the same to the District Council weekly.
(b) A percentage based on the applicable tier of the Production, as set forth in article ON5.07, of my Gross Remuneration, subject to article ON5.03(b) will be remitted by the Producer to the District Council for use in the District Council’s discretion, but not deducted from Gross Remuneration.
(c) Any required Producer contributions to the District Council’s group retirement savings plan (the “RRSP”) will be paid to me directly, not to the RRSP, as part of my Gross Remuneration.
(d) I am not entitled to, waive all rights to, and will not receive any benefits from the RRSP nor any health, life, dental or related benefits from the H&W Plan, and the delivery of those benefits is strictly governed by the applicable plan documents and trust agreement.
(e) I hereby waive, release, and forever discharge any claims in respect of the H&W Plan and the RRSP (“Claims”) which I may have against the Trustees of the H&W Plan, the Directors Guild of Canada or any of its District Councils, the District Council and its members, the Producer and the CMPA or any of the officers, directors, employees or agents of any of them.
(f) I will not commence any legal proceedings before any court, labour board, arbitrator, administrative tribunal or other body whatsoever, in respect of Claims, monies remitted as equalization payments by the Producer, or deducted from my Gross Remuneration, which have been applied to District Council administration and permit fees or otherwise used in the District Council’s discretion, and any benefits from or contributions to the H&W Plan or the RRSP.
(g) Should any declaration above prove to be false, the District Council may unilaterally refuse to grant me a permit or may revoke such permit without notice once granted.
DATED AT __________________________, THIS __________________ DAY OF _____________________, 20 ____
PRINT NAME __________________________________________ PHONE # (INCLUDE PAGER OR CELL) ________________
ADDRESS_______________________________________________________________________________________________
SIGNATURE OF APPLICANT__________________________________________________ DATE OF BIRTH_____________________
SIGNATURE OF PRODUCER _________________________________________________________________________________________
The District Council confirms that the above named person is permitted to work, at the sole discretion of the District Council on all or
part of the motion picture currently known as and entitled: “______________________________________________________________________"
AUTHORIZED BY _________________________________________________________________________________________ SIGNATURE ON BEHALF OF DISTRICT COUNCIL (PRINT NAME & TITLE)
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Administration and Training Fund ------------------------------------------------------------------- 153 Airplane and Helicopter Insurance ------------------------------------------------------------------ 156 Arbitrators ------------------------------------------------------------------------------------------------ 162 Budget Tiers --------------------------------------------------------------------------------------------- 165 CFTPA Levy --------------------------------------------------------------------------------------------- 154 Credits ----------------------------------------------------------------------------------------------------- 158
Art Department ----------------------------------------------------------------------------------- 159 Better Conditions -------------------------------------------------------------------------------- 158 Credit Grievance --------------------------------------------------------------------------------- 158 Credits ---------------------------------------------------------------------------------------------- 158 Editing Department ------------------------------------------------------------------------------ 160 Guild Credit --------------------------------------------------------------------------------------- 158 Other Credits-------------------------------------------------------------------------------------- 158 Production Department ------------------------------------------------------------------------- 159 Removal or Alteration of Credit --------------------------------------------------------------- 158 Screen Credits------------------------------------------------------------------------------------ 158 Submission of Proposed Screen Credit Format to the District Council -------------- 158
Dailies ----------------------------------------------------------------------------------------------------- 150 Distant Location ----------------------------------------------------------------------------------------- 156
Accommodation and Meals-------------------------------------------------------------------- 156 Air Travel ------------------------------------------------------------------------------------------ 156 Notice ----------------------------------------------------------------------------------------------- 156 Rail Travel ----------------------------------------------------------------------------------------- 156 Transportation ------------------------------------------------------------------------------------ 156 Use of Personal Vehicles ---------------------------------------------------------------------- 157 Work Time, Travel Time ------------------------------------------------------------------------ 156
Fringes ---------------------------------------------------------------------------------------------------- 154 Guild Remittances -------------------------------------------------------------------------------------- 154 Health and Safety --------------------------------------------------------------------------------------- 163
Safety Guidelines for the Film and Television Industry in Ontario -------------------- 163 Workers Safety and Insurance Board of Ontario ----------------------------------------- 163
Health and Welfare Plan ------------------------------------------------------------------------------ 153 Non-Member Equalization --------------------------------------------------------------------- 152
Hiatus Periods ------------------------------------------------------------------------------------------- 149 Holidays and Vacations ------------------------------------------------------------------------------- 152
Annual Vacation ---------------------------------------------------------------------------------- 152 Holiday Rate -------------------------------------------------------------------------------------- 151 Holidays -------------------------------------------------------------------------------------------- 152 Holidays Falling on Days Off ------------------------------------------------------------------ 152 Overtime, Holidays ------------------------------------------------------------------------------ 151 Unworked Holidays During Regular Work Week ----------------------------------------- 152
Incentives ------------------------------------------------------------------------------------------------- 154 First Year Television Series Incentive ------------------------------------------------------ 155 Television Series and Pilots Incentives ----------------------------------------------------- 154 Tier E Long Form Incentive-------------------------------------------------------------------- 155
Insurance Airplane and Helicopter, Underwater and/or Watercraft -------------------------------- 157 Travel ----------------------------------------------------------------------------------------------- 156
Jurisdiction ----------------------------------------------------------------------------------------------- 179 Lay-off and Termination ------------------------------------------------------------------------------- 157
Definition ------------------------------------------------------------------------------------------- 157 Notice of Lay-off ---------------------------------------------------------------------------------- 157 Record of Employment ------------------------------------------------------------------------- 157 Replacement -------------------------------------------------------------------------------------- 157 Replacement Pay -------------------------------------------------------------------------------- 157 Replacing Daily Guild Member --------------------------------------------------------------- 157 Termination of Engagement ------------------------------------------------------------------- 157 Weekly --------------------------------------------------------------------------------------------- 157
Letters of Understanding No. 1 – DGC Ontario Jurisdiction ------------------------------------------------------------ 179 No. 2 – Fact Based/Lifestyle/Docu-Drama Production ---------------------------------- 180
Location Support Personnel -------------------------------------------------------------------------- 163 Application of Standard Agreement --------------------------------------------------------- 163 Bargaining Unit ----------------------------------------------------------------------------------- 163 Fringes --------------------------------------------------------------------------------------------- 164 Holidays -------------------------------------------------------------------------------------------- 163 Hourly Engagement ----------------------------------------------------------------------------- 163 Hourly Rates -------------------------------------------------------------------------------------- 163 Meal Allowance and Breaks ------------------------------------------------------------------- 163 No Contracting Out ------------------------------------------------------------------------------ 163 Overtime Calculations -------------------------------------------------------------------------- 163 Permittees ----------------------------------------------------------------------------------------- 163 Premium Payment Calculations -------------------------------------------------------------- 163 Roger Goodlad Rule ---------------------------------------------------------------------------- 164 Shelter Allowance ------------------------------------------------------------------------------- 164 T2200 ----------------------------------------------------------------------------------------------- 164
Meal Breaks/Meal Penalty ---------------------------------------------------------------------------- 152 Members Check-off
Change in Members Check-Off -------------------------------------------------------------- 153 Check-Off Authorization ------------------------------------------------------------------------ 153 Check-Off Remittance -------------------------------------------------------------------------- 153
Minimum Staffing --------------------------------------------------------------------------------------- 160 Accounting Department ------------------------------------------------------------------------ 161 Art Department ----------------------------------------------------------------------------------- 160 Determination of Minimum Personnel Requirements ----------------------------------- 161 Directors ------------------------------------------------------------------------------------------- 160 Eight Hour Call Production Department ---------------------------------------------------- 160 Four Hour Call Production Department ----------------------------------------------------- 160 Picture and Sound Editing Departments --------------------------------------------------- 161 Picture Editing ------------------------------------------------------------------------------------ 161 Principal Photography -------------------------------------------------------------------------- 160 Production Department ------------------------------------------------------------------------- 160 Second Unit --------------------------------------------------------------------------------------- 161 Sound Editing ------------------------------------------------------------------------------------- 161 Strip Programs ----------------------------------------------------------------------------------- 161 Sufficient Numbers ------------------------------------------------------------------------------ 161 Supervising Editor ------------------------------------------------------------------------------- 161
Television Series -------------------------------------------------------------------------------- 160 Terminating Engagements -------------------------------------------------------------------- 161
Nearby Location ---------------------------------------------------------------------------------------- 155 Remote Location -------------------------------------------------------------------------------- 155 Studio Zone --------------------------------------------------------------------------------------- 155 Travel to Studio Zone -------------------------------------------------------------------------- 157 Use of Personal Vehicles ---------------------------------------------------------------------- 157
New Business Development Plan ------------------------------------------------------------------ 154 First Year Television Series Incentive ------------------------------------------------------ 155 Television Series and Pilots Incentives ---------------------------------------------------- 154 Tier E Long Form Incentive ------------------------------------------------------------------- 155
Non-Member Equalization Payments -------------------------------------------------------------- 152 Overtime -------------------------------------------------------------------------------------------------- 150
Exceptions ---------------------------------------------------------------------------------------- 151 First Five (5) Days - Production, Art, Editing & Accounting Departments ---------- 150 Holiday - Production, Art, Editing and Accounting Departments --------------------- 151 Overtime Calculation --------------------------------------------------------------------------- 151 Payment of all Premiums ---------------------------------------------------------------------- 151 Prior Approval of Producer -------------------------------------------------------------------- 152 Seventh (7
th) Day - Production, Art, Editing and Accounting Departments -------- 150
Sixth (6th) Day - Production, Art, Editing and Accounting Departments ------------ 150 Statutory Overtime ------------------------------------------------------------------------------ 151 Turnaround or Rest Period -------------------------------------------------------------------- 151 Turnaround or Rest Period Encroachment ------------------------------------------------ 151
Premium Remuneration ------------------------------------------------------------------------------- 150 6th Day Rate ------------------------------------------------------------------------------------- 151 7th Day Rate ------------------------------------------------------------------------------------- 151 Holiday Rate -------------------------------------------------------------------------------------- 151 Overtime Calculation --------------------------------------------------------------------------- 151 Payment of all Premiums ---------------------------------------------------------------------- 151 Prior Approval of Producer -------------------------------------------------------------------- 152 Statutory Overtime ------------------------------------------------------------------------------ 151 Turnaround or Rest Period -------------------------------------------------------------------- 151 Turnaround or Rest Period Encroachment ------------------------------------------------ 151
Production Meetings ----------------------------------------------------------------------------------- 150 Rates
Accounting Department – 2010 -------------------------------------------------------------- 176 Accounting Department - 2011 --------------------------------------------------------------- 176 Accounting Department - 2012 --------------------------------------------------------------- 177 Art Department - 2010 ------------------------------------------------------------------------- 169 Art Department - 2011 ------------------------------------------------------------------------- 169 Art Department - 2012 ------------------------------------------------------------------------- 169 Picture Editing Department – 2010 – Anthologies, Pilots, Spinoffs, Strip Programs,
TV Drama Series, TV Series, Variety Specials, Variety Series ------------------ 170 Picture Editing Department – 2010 – Theatrical Motion Pictures, Made for
Television Movies, Mini-Series ---------------------------------------------------------- 170 Picture Editing Department – 2011 – Anthologies, Pilots, Spinoffs, Strip Programs,
TV Drama Series, TV Series, Variety Specials, Variety Series ------------------ 171 Picture Editing Department – 2011 – Theatrical Motion Pictures, Made for
Television Movies, Mini-Series ---------------------------------------------------------- 171 Picture Editing Department - 2012 – Anthologies, Pilots, Spinoffs, Strip Programs,
TV Drama Series, TV Series, Variety Specials, Variety Series ------------------ 172 Picture Editing Department - 2012 – Theatrical Motion Pictures, Made for
Television Movies, Mini-Series ---------------------------------------------------------- 172 Production Department - 2010 --------------------------------------------------------------- 166 Production Department - 2011 Rates ------------------------------------------------------- 167 Production Department - 2012 Rates ------------------------------------------------------- 168 Sound Editing Department – 2010 – Anthologies, Pilots, Spinoffs, Strip Programs,
TV Drama Series, TV Series, Variety Specials, Variety Series ------------------ 173 Sound Editing Department – 2010 – Theatrical Motion Pictures, Made for
Television Movies, Mini-Series ---------------------------------------------------------- 173 Sound Editing Department – 2011 – Anthologies, Pilots, Spinoffs, Strip Programs,
TV Drama Series, TV Series, Variety Specials, Variety Series ------------------ 174 Sound Editing Department – 2011 – Theatrical Motion Pictures, Made for
Television Movies, Mini-Series ---------------------------------------------------------- 174 Sound Editing Department – 2012 – Anthologies, Pilots, Spinoffs, Strip Programs,
TV Drama Series, TV Series, Variety Specials, Variety Series ------------------ 175 Sound Editing Department – 2012 – Theatrical Motion Pictures, Made for
Television Movies, Mini-Series ---------------------------------------------------------- 175 Regular Work Day -------------------------------------------------------------------------------------- 149 Remittances --------------------------------------------------------------------------------------------- 154 Replacement -------------------------------------------------------------------------------------------- 157
Replacement Pay ------------------------------------------------------------------------------- 157 Replacing Daily Guild Member --------------------------------------------------------------- 157
Rest Period or Turnaround --------------------------------------------------------------------------- 151 Turnaround or Rest Period Encroachment ------------------------------------------------ 151
Retirement & Health and Welfare Plans Administration and Training Fund ----------------------------------------------------------- 153 Change in Members Check-Off -------------------------------------------------------------- 153 Check-Off Authorization ----------------------------------------------------------------------- 153 Check-Off Remittance -------------------------------------------------------------------------- 153 DGC Ontario Fringes --------------------------------------------------------------------------- 154 Exceptions ---------------------------------------------------------------------------------------- 152 Health and Welfare Plan ----------------------------------------------------------------------- 153 Producers Liability------------------------------------------------------------------------------- 153 Receipts for Income Tax Purposes --------------------------------------------------------- 153 Retirement Contributions ---------------------------------------------------------------------- 153
Rodger Goodlad Rule --------------------------------------------------------------------------------- 164 Safety and Health -------------------------------------------------------------------------------------- 163
Safety Guidelines for the Film and Television Industry in Ontario ------------------- 163 Workers Safety and Insurance Board of Ontario ----------------------------------------- 163
Screen Credits for Art Department ----------------------------------------------------------------- 159 Art Directors Working Under a Production Designer and for 1st Assistant Art
Directors/Set Designers ------------------------------------------------------------------- 159 Production Design Credit for Subsequent Use ------------------------------------------- 159 Production Designers or Art Directors as Head of Department ----------------------- 159 Television Motion Pictures -------------------------------------------------------------------- 159
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Screen Credits for Editing Department ------------------------------------------------------------ 160 Editing Department Personnel on all other Motion Pictures --------------------------- 160 Editing Department Personnel on Theatrical and Television Motion Pictures ----- 160 Picture Editors on Theatrical and Television Motion Pictures ------------------------- 160 Professional Designation ---------------------------------------------------------------------- 160 Publicity -------------------------------------------------------------------------------------------- 160
Screen Credits for Production Department ------------------------------------------------------- 159 3rd Assistant Directors, Assistant Location Managers and Production Assistants
-------------------------------------------------------------------------------------------------- 159 Accounting Department ------------------------------------------------------------------------ 159 Location Managers, Unit Managers and Assistant Production Managers on
Theatrical and Television Motion Pictures -------------------------------------------- 159 Production Managers, 1st and 2nd Assistant Directors on Theatrical and Television
Motion Pictures ------------------------------------------------------------------------------ 159 Television Motion Pictures --------------------------------------------------------------------- 159 Theatrical Motion Pictures --------------------------------------------------------------------- 159
Sound Post Production Contracting Out ---------------------------------------------------------------------------------- 161 Engagement of Post Production House Staff --------------------------------------------- 161 Extended Term Contracts --------------------------------------------------------------------- 162 Favoured Nations -------------------------------------------------------------------------------- 162 Half-day Rate ------------------------------------------------------------------------------------- 162 Multiple Assignments --------------------------------------------------------------------------- 162 Sound Post Production List-------------------------------------------------------------------- 162 Sound Post Security ---------------------------------------------------------------------------- 162 Updated Sound Post Production List -------------------------------------------------------- 162
Studio Zone ---------------------------------------------------------------------------------------------- 155 Travel to Studio Zone --------------------------------------------------------------------------- 157
Surveys --------------------------------------------------------------------------------------------------- 150 Television Series and Pilot Incentives ------------------------------------------------------------- 154
MFT's and Mini-Series Incentives ------------------------------------------------------------ 154 Series and Pilots --------------------------------------------------------------------------------- 154
Termination and Lay-off ------------------------------------------------------------------------------- 157 Definition ------------------------------------------------------------------------------------------- 157 Notice of Lay-off ---------------------------------------------------------------------------------- 157 Record of Employment ------------------------------------------------------------------------- 157 Replacement -------------------------------------------------------------------------------------- 157 Replacement Pay -------------------------------------------------------------------------------- 157 Replacing Daily Guild Member --------------------------------------------------------------- 157
Termination of Engagement ------------------------------------------------------------------ 157 Weekly --------------------------------------------------------------------------------------------- 157
Travel and Accommodation -------------------------------------------------------------------------- 155 Accommodation and Meals on Distant Location ----------------------------------------- 156 Air Travel ------------------------------------------------------------------------------------------ 156 Airplane and Helicopter, Underwater and/or Watercraft Insurance ------------------ 156 Distant Location --------------------------------------------------------------------------------- 156 Nearby Location --------------------------------------------------------------------------------- 155 Notice ---------------------------------------------------------------------------------------------- 156 Rail Travel----------------------------------------------------------------------------------------- 156 Remote Location -------------------------------------------------------------------------------- 155 Studio Zone --------------------------------------------------------------------------------------- 155 Transportation ------------------------------------------------------------------------------------ 156 Travel Insurance --------------------------------------------------------------------------------- 156 Travel to Studio Zone -------------------------------------------------------------------------- 157 Use of Personal Vehicles ---------------------------------------------------------------------- 157 Work Time, Travel Time ----------------------------------------------------------------------- 156
Turnaround or Rest Period --------------------------------------------------------------------------- 151 Turnaround or Rest Period Encroachment ------------------------------------------------ 151
Underwater and/or Watercraft Insurance --------------------------------------------------------- 156 Vacations and Holidays ------------------------------------------------------------------------------- 152
Annual Vacation --------------------------------------------------------------------------------- 152 Holidays ------------------------------------------------------------------------------------------- 152 Holidays Falling on Days Off ----------------------------------------------------------------- 152 Unworked Holidays During Regular Work Week ----------------------------------------- 152
Work Day ------------------------------------------------------------------------------------------------- 149 Dailies, Production Meetings, and Surveys ----------------------------------------------- 150 Daily Calls ----------------------------------------------------------------------------------------- 149 Flat Deals ----------------------------------------------------------------------------------------- 149 Fractional Work Week -------------------------------------------------------------------------- 149 Hiatus Periods ----------------------------------------------------------------------------------- 149 No Split Shifts and No Standby Engagement --------------------------------------------- 149 Shifting the Work Week ------------------------------------------------------------------------ 149 Work Week --------------------------------------------------------------------------------------- 149
Work Permit Applications Canadians and Permanent Residents ------------------------------------------------------ 182 Non-Canadians ---------------------------------------------------------------------------------- 181
Work Permits -------------------------------------------------------------------------------------------- 162 Permit Fees --------------------------------------------------------------------------------------- 162
2013 – 2015 DGC/CMPA Standard Agreement – Directors 03/09/2013
2 0 1 3 – 2 0 1 5
D G C / C M P A
S T A N D A R D A G R E E M E N T
D I R E C T O R S – S C H E D U L E 1
D I R E C T O R S – S C H E D U L E 1
2013 – 2015 DGC/CMPA Standard Agreement DIRECTORS 04/09/2013 Page i
DR1.00 ONE DIRECTOR ------------------------------------------- 3 DR1.01 Unique Function and Participation ------------------------ 3 DR1.02 …………………………………………………… ……………………… 3 DR1.03 …………………………………………………………………………………3 DR1.04 …………………………………………………………………………………3
DR2.00 SECOND UNIT PHOTOGRAPHY ------------------------ 3 DR2.01 …………………………………………………………………………………3 DR2.02 …………………………………………………………………………………3 DR2.03 …………………………………………………………………………………3 DR2.04 …………………………………………………………………………………3
DR3.00 EXTRA WORK --------------------------------------------- 3 DR3.01 ……………………………………………………… 3 DR3.02 Consultation with Other Director -------------------------- 3 DR3.03 Remuneration -------------------------------------------------- 3 DR3.04 Preparation Time ---------------------------------------------- 4 DR3.05 Other Provisions ----------------------------------------------- 4
DR4.00 DIRECTOR'S PRE-CONTRACT REQUIREMENTS ------ 4 DR4.01 ………………………………………………………..4 DR4.02 Change 4
DR 4. ………………………………………………………………………………….
D‘ . ………………………………………………………………………………… 5
DR5.00 PARTICIPATION ------------------------------------------ 4 DR5.01 Selection of First Assistant Director ----------------------- 4 DR5.02 Artistic and Creative Direction ------------------------------ 4 DR5.03 Casting Sessions ----------------------------------------------- 4 DR5.04 P odu e s Fi al De isio ------------------------------------ 4
DR6.00 SCRIPT ----------------------------------------------------- 5 DR6.01 Delivery of Script ---------------------------------------------- 5 DR6.02 Script Changes ------------------------------------------------- 5
DR7.00 PRIVATE OFFICE AND PARKING ----------------------- 5 DR7.01 ………………………………………………………..5 DR7.02 ………………………………………………………..5 DR7.03 ………………………………………………………..5
DR8.00 DAILIES/RUSHES ----------------------------------------- 5 DR8.01 ……………………………………………………….5
DR9.00 DIRECTOR’S CUT ----------------------------------------- 5 DR9.01 ………………………………………………………………………………...5 DR9.02 ‘ight to Di e to s Cut ---------------------------------------- 5 DR9.03 No I te fe e e ith Di e to s Cut ----------------------- 5 DR9.04 Minimum Time Allowance ---------------------------------- 5 DR9.05 Delivery Date for Television Motion Picture ------------- 6 DR9.06 Release Date for Theatrical Motion Picture ------------- 6 DR9.07 Technological Change ---------------------------------------- 6 DR9.08 Preparation of Directo s Cut ------------------------------- 6 DR9.09 Limited Viewing ------------------------------------------------ 6 DR9.10 Screening -------------------------------------------------------- 6 DR9.11 Right to be Present and to Consult ------------------------ 7 DR9.12 P odu e s Cost ------------------------------------------------ 7 DR9.13 Editing Theatrical Motion Pictures ------------------------ 7 DR9.14 Right of Consultation ----------------------------------------- 7
DR10.00 LOOPING AND DUBBING ------------------------------- 7 DR10.01 Looping ---------------------------------------------------------- 7 DR10.02 Dubbing --------------------------------------------------------- 7
DR11.00 DIRECTOR'S CREDIT ------------------------------------- 7 DR11.01 Restriction on Use of Word "Director"-------------------- 7 DR11.02 Fo of Di e to s C edit ------------------------------------ 7 DR11.03 Screen Credit --------------------------------------------------- 7 DR11.04 Paid Advertising Credit --------------------------------------- 8 DR11.05 Publicity --------------------------------------------------------- 8 DR11.06 Other Media ---------------------------------------------------- 8
DR12.00 PREVIEWS ------------------------------------------------- 9 DR12.01 …………………………………………………………………………………9 DR12.02 …………………………………………………………………………………9
DR13.00 COPY OF MOTION PICTURE ---------------------------- 9 DR13.01 …………………………………………………………………………………9 DR13.02 ………………………………………………………………………………..9
DR14.00 DIRECTOR'S MINIMUM RATES ------------------------ 9 DR14.01 ……………………………………………………………………………………9 DR14.02 Payments -------------------------------------------------------- 9
DR15.00 TIER LEVELS AND BUDGETS DEFINED -------------- 10
DR16.00 MINIMUM WEEKLY RATES FOR THEATRICAL MOTION
PICTURES ------------------------------------------------ 13 DR16.01 Weekly Rate……………………………………………………………..13 DR16.02 Daily Rate ------------------------------------------------------ 13 DR16.03 Series Bonus -------------------------------------------------- 13
DR17.00 MINIMUM RATES FOR TELEVISION MOTION
PICTURES ------------------------------------------------ 13 The rates below apply from June 14, 2013 to the expiration of this
Agreement. --------------------------------------------------- 13 DR17.01 …………………………………………………………………………………13 DR17.02 Anthologies, Made of TV Movies, Mini-Series and TV
Drama specials …………………………………………………………13 DR17.03 Television Series………………………………….......................15 DR17.04 For Variety Series and Variety Specials:----------------- 16 DR17.05 Strip Programs…………………………………………………………..17 DR17.06 “e ial P og a s…………………………………………………………18 DR17.07 Additional Work on Strip and Serial Programs -------- 19 DR17.08 E eptio al Le gth P odu tio s………………………………..19 DR17.09 Computation of Rate ---------------------------------------- 19 DR17.10 Guaranteed Days (Shooting/Prep Time) ---------------- 19 DR17.11 Series With or Without a Pilot ---------------------------- 19 DR17.12 Additional Use ------------------------------------------------ 19 DR17.13 Theatrical Release Payment ------------------------------- 19 DR17.14 Series Bonus -------------------------------------------------- 19
DR18.00 MINIMUM RATES FOR NEW MEDIA AND DERIVATIVE
PRODUCTIONS ----------------------------------------- 20 DR18.01 ………………………………………………………………………………….20 DR18.02 Mi i u ates fo Ne Media P odu tio s……………..20
DR18.03 Additional Prep and shoot Days Tiers E/F -------------- 20 DR18.04 Step up Fees for New Media Productions -------------- 20 DR18.05 Minimum Rates for Derivative Productions ------------ 20
DR19.00 RIGHTS ACQUISITION FEES FOR ADDITIONAL USE 21 DR19.01 Defi itio s…………………………………………………………………21 DR19.02 Additional Use - Theatrical Motion Pictures ----------- 21 DR19.03 Additional Use - Television Motion Pictures (Excluding
Strip or Serial Programs) ----------------------------------- 21 DR19.04 Additional Use - Strip or Serial Programs --------------- 21 DR19.05 Additional Use -New Media Productions (excluding
Derivative Productions) ------------------------------------ 22 DR19.06 Technological Change/Other Uses ----------------------- 22 DR19.07 Acquisition of Additional Use After Production ------- 22 DR19.08 Single Use Limitation---------------------------------------- 22 DR19.09 Computation Rights Acquisition Fee(s) ----------------- 22 DR19.10 Mandatory Rights Acquisition Fee ----------------------- 22 DR19.11 Excerpt Buyout ----------------------------------------------- 22
DR20.00 MINIMUM RATES FOR SECOND UNIT DIRECTORS 23 The rates below apply from June 14, 2013 to the expiration of this
Agreement. --------------------------------------------------- 23 DR20.01 Theatrical Motion Pictures minimum rates for 2
nd Unit
Di e to s…………………………………………………………………….23 DR20.02 Television Motion Pictures minimum rates for 2nd Unit
Di e to s…………………………………………………………………….24
DR21.00 MINIMUM RATES FOR OTHER MOTION PICTURES24 DR20.01 ………………………………………………………………………………….24
DR22.00 TERMINATION ----------------------------------------- 24 DR22.01 Force Majeure/Postponement /Termination ---------- 24 DR22.02 Cancellation of the Motion Picture ---------------------- 24 DR22.03 Replacement-------------------------------------------------- 24 DR22.04 Emergency Replacement----------------------------------- 24
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DR22.05 Guaranteed Period for Replacement Director --------- 25 DR22.06 Screenplay Development ---------------------------------- 25
DR23.00 GENERAL ------------------------------------------------ 25 DR22.01 ……………………………………………………………………………….25
DR24.00 ISAN ------------------------------------------------------ 25 DR23.01 ……………………………………………………………………………….25
DR25.00 RESERVATION OF RIGHTS ---------------------------- 25 DR25.01 ……………………………………………………………………………….25
Letters of Understanding ----------------------------------------- 27 NO. 1 Article 25 - Reservation of Rights ------------------------- 27 NO. 2 Letter of Understanding Regarding Rights Acquisition
Fees for New Media Productions ------------------------- 28
NO.3 New Media Productions Sunset Clause------------------29
Directors Schedule 1 - Contract for Services …………………………………30.
INDEX……………………………………………………………………………………………..
D I R E C T O R S – S C H E D U L E 1
2013 – 2015 DGC/CMPA Standard Agreement DIRECTORS 04/09/2013 Page 3
DR1.00 ONE DIRECTOR
DR1.01 Unique Function and Participation
The Dire to s p ofessio al fu tio is u i ue a d alls fo consultation in all creative phases of the filmmaking
process.
DR1.02 There shall only be one (1) Director assigned to direct a
Motion Picture at any given time.
Subject only to any exceptions set out in this Agreement,
no one may direct the Motion Picture except the Director
assigned to that Motion Picture.
DR1.03 However, such limitations shall not be construed as
precluding assignment of bona fide teams of more than
one (1) Director to direct pick-ups, added scenes or
different segments of a multi-storied or multilingual
Motion Picture or the assignment of more than one (1)
Director where required by foreign laws, regulations or
subsidies, or assignment of a Second Unit Director or any
specially skilled Director (for example, underwater work
or aerial work) to work under the supervision of the
Director or a similar customary practice not inconsistent
with the general intent of this article.
DR1.04 Where the law, rules or regulations of a foreign country,
where all or part of the Production is taking place,
require a second Director, then the second Director shall
be engaged only for that part of the work taking place in
the foreign country. The engagement of one (1) or more
additional Directors shall be effected by the Producer in
consultation with the principal Director. The final
decision in the selection of an additional Director shall
remain with the Producer.
DR2.00 SECOND UNIT PHOTOGRAPHY
DR2.01 (a) Prior to commencing Second Unit work, the
Producer must consult with the Director and allow
the Director to participate in the decision making
process relating to the person to be engaged to
direct the Second Unit work (except where a Guild
Member is already engaged), the work to be
assigned to the Second Unit, and the manner in
which the work is to be performed.
The Director has the right to consult with the Second Unit Director
prior to the commencement of Second Unit work with respect to
the manner in which the Second Unit work is to be performed.
(b) Prior to the commencement of principal
photography the Producer will fully disclose to the
Director any material intended to be shot as Second
Unit. Any such Second Unit work will not be
enlarged except after consultation with the
Director.
(c) The Director may delegate the supervision of the
assembly of Second Unit photography to a Second
Unit Director.
(d) No person may assume the responsibilities nor
perform the duties of a Second Unit Director
without being engaged in accordance with this
Agreement.
DR2.02 The Second Unit Director's minimum preparation time
for second units shall be:
(a) One (1) Day's preparation for one (1) Day's
shooting;
(b) Two (2) Days' preparation for two (2) or three (3)
Days' shooting;
(c) Three (3) Days' preparation for four or more Days'
shooting
However, this preparation time requirement shall not
apply to any unplanned Second Units, bona fide
emergencies, or where preparation time is not needed
because the Second Unit Director has been working on
the Production in a different classification covered by this
Agreement.
DR2.03 The Second Unit Director may be engaged for Second
Unit work on a weekly basis, or on a daily basis, in
accordance with the minimum rates set out in this
Schedule.
DR2.04 Except for the provisions in articles DR2.00, DR4.01,
DR5.02, DR21.00 and DR22.00 only insofar as the
information required relates directly to Second Unit
work, the other provisions of this Schedule do not apply
to Second Unit Directors.
DR3.00 EXTRA WORK
DR3.01 After the completion of principal photography, the
Director shall be informed in advance of any extra work,
including but not limited to retakes, added scenes, sound
track, process shots, transparencies, trick shots, trailers,
changes or for any other purpose. The Producer shall
consult with and receive the opinion and comments of
the original Director concerning the content and qualities
of the work to be performed. The original Director shall
be given the opportunity to direct all extra work if the
Director is reasonably available to direct the same.
DR3.02 Consultation with Other Director
Where the original Director is unavailable or refuses to
direct extra work then the Producer may engage another
Director for the exclusive purpose of directing such extra
work. The Producer shall give the original Director the
opportunity to consult with the Director of extra work
about the manner in which the work is to be performed.
DR3.03 Remuneration
Where the original Director is recalled no compensation
shall be payable for such work to the extent that it is
rendered within the guaranteed period of engagement.
However, if such work falls outside the guaranteed period
of engagement, the original Director shall be paid the
pro-rated daily rate.
Otherwise, another Director may be engaged for extra
work on a weekly basis, or the Producer may engage such
Director on a daily basis, in which case the minimum daily
rate shall be one-fourth (1/4th) of the minimum Weekly
Rate applicable to the type of Motion Picture for which
the work is performed.
The above does not apply to New Media Productions
within Tiers A to D.
For clarity, another Director engage for extra work on a
New Media Production shall be paid the applicable daily
rate pursuant to the Directors Schedule.
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DR3.04 Preparation Time
There shall be no minimum preparation requirement for
performing extra work when the original Director is
recalled. If the original Director is not available or does
not agree to perform such work and another Director is
to perform such work, one (1) Day of preparation time
shall be provided, regardless of the length of
photography; provided, however, if the Director is called
for a single Day's engagement, and the shooting of the
extra work takes five (5) hours or less, then the
preparation requirement shall be included in the same
Day, and only one (1) Day's compensation shall be paid.
DR3.05 Other Provisions
The provisions of articles DR4.01 and DR5.02 apply to the
Director of extra work and only insofar as the information
required in articles DR4.01 and DR5.02 relates directly to
extra work.
DR4.00 DIRECTOR'S PRE-CONTRACT REQUIREMENTS
DR4.01 (a) Prior to the engagement of a Director the Producer
shall inform the Director of the following
information in relation to the Motion Picture:
(i) the names of artistic and creative personnel
already engaged;
(ii) all stock material contemplated to be used;
(iii) any rights of script approval or cast approval
contractually reserved to any person other
than the Producer;
(iv) the type of Motion Picture (e.g Theatrical
release, MFT, etc), the medium (film, tape,
etc), and the proposed number of shooting
Days;
(v) the top sheet (summary) of any Theatrical
Budget or a television pattern Budget (as the
case may be) which has been established and
any limitations thereof, if any (see also DR4.03
and DR4.04);
(vi) the story on which the Motion Picture is based
and the script, if any exists;
(vii) the name of the Producer(s) with final cutting
authority; and,
(viii) the projected delivery date and broadcast
date, if known.
(b) Prior to the engagement of the Director, the
Producer shall make full and complete disclosure to
the Director of all of the existing artistic and
creative commitments.
DR4.02 Change
The Producer shall from time to time as changes occur,
inform the Director of any changes to any of the
information provided under article DR4.01.
DR4.03 The parties hereby acknowledge that Directors
frequently accept an assignment based upon the
Producer's representation as to the Budget and shooting
schedule of a Motion Picture.
DR4.04 With respect to a Theatrical Motion Picture or a
Television Motion Picture ninety minutes (90) or longer:
(a) In respect to DR4.01(a)(iv), at the time the Director
is engaged the Producer will provide the Director
ith full a d o plete dis losu e of the elo -the-
li e udget , if a aila le, i ludi g su se ue t
revisions to the Budget.
(b) Prior to the Budget being locked, the Producer or
the individuals responsible for approving the Budget
will consult with the Director with respect to the
practicality of the Budget.
DR5.00 PARTICIPATION
DR5.01 Selection of First Assistant Director
Notwithstanding article 11.11(a) of the Core Agreement,
where a DGC Director is engaged, the Director shall have
the right to select the First Assistant Director on any
Theatrical Motion Picture and any non-series Television
Motion Picture provided that the First Assistant Director
is a member of the DGC and such selection must be
consistent with the Budget of the Motion Picture and
must not conflict with the needs of Production. The First
Assistant Director selected by the Director shall be
engaged by the Producer.
DR5.02 Artistic and Creative Direction
Subject to other specific provisions hereof, particularly
article DR9.11, between the time the Director is engaged
a d the ti e the Di e to s ut is deli e ed, the Di e to shall be informed as soon as practicable of any proposal
concerning and, if reasonably available, shall participate
in all decisions with respect to:
(a) any changes in the elements of which the Director
has been previously notified, or proposed casting
and the engagement of other artistic or creative
personnel, and of any rights or approval thereafter
granted to third parties;
(b) all creative elements in the Production of the
Motion Picture, including but not restricted to the
script and revision thereof, casting, engagement of
artistic and creative personnel, location selection,
set design and construction, and pre-production,
shooting and post production scheduling; and
(c) in no case will any creative decisions be made
regarding the preparation, production, and post
production of a Motion Picture without the
consultation of the Director. The Director's advice
and suggestions shall be considered in good faith.
DR5.03 Casting Sessions
In order to provide the most creative environment for the
Director and performers in casting sessions, no one shall
be present at casting sessions, except those persons
designated by the Production, the individual Producer, or
the Director. Any such persons designated by the
Production, the individual Producer or the Director must
have a reasonable purpose for attending the casting
sessio . “u je t to the P odu e s ights, the Di e to ill e allo ed to pe fo the Di e to s p ofessio al
functions.
DR5.04 Producer’s Fi al Decisio
The Producer's decision in all business and creative
matters shall be final, but this provision shall not release
the Producer or the Director from their respective
obligations hereunder.
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DR6.00 SCRIPT
DR6.01 Delivery of Script
When the Director is engaged, and upon request, any
existing script or outline in whatever form intended for
the Production of the Motion Picture shall be
immediately delivered to the Director.
However, in episodic television, the Producer shall deliver
the completed shooting script to the Director not later
than one (1) Day prior to the commencement of the
Director's preparation period. A "completed shooting
script" is defined as that script (not necessarily the final
shooting script) which the Producer intends to use for
photography of a Motion Picture, subject to changes such
as performing, technical and/or staging problems or
those with respect to weather or other bona fide
emergencies.
DR6.02 Script Changes
Any changes or additions in the script shall be submitted
to the Director promptly and before such changes or
additions are made available for general distribution. The
Producer or other appropriate person will confer with the
Director to discuss and consider the Director's
suggestions and opinions with respect to such changes or
additions and will confer with the Director to discuss and
consider any script changes or revisions which the
Di e to e o e ds. The Di e to s ad i e a d
suggestions will be considered in good faith and, where
reasonable and practicable, implemented by the
Producer.
DR7.00 PRIVATE OFFICE AND PARKING
DR7.01 The Producer will provide the Director with a private
office at the studio, and a private facility on the set or
immediately adjacent thereto at the studio but not at the
same time. On Nearby or Distant Locations where private
facilities are provided to others on the set or immediately
adjacent thereto, a private facility shall also be provided
the Director on the set or immediately adjacent thereto.
DR7.02 For the purposes of this article, an "office" shall be a
room with a door which can be shut, adequate
ventilation, a telephone, a desk and desk chair, room for
no less than two (2) additional persons and good lighting.
Sanitary facilities shall be in a reasonable proximity to
said office.
DR7.03 The Producer shall use its best efforts to provide
reasonable parking space at no charge for the Director
while rendering services in pre-Production, Production
and post-Production covered by this Agreement.
DR8.00 DAILIES/RUSHES
DR8.01 Consistent with the orderly progress of photography, the
Director shall see the Dailies of each Day's photography
at a reasonable time. No one shall be present at the
screenings of such Dailies except those persons
designated by the Producer or the Director and all such
persons shall have a reasonable purpose for attending
such Dailies. The Editor assigned to the Motion Picture
shall be present at all such screenings, if available.
DR9.00 DIRECTOR’S CUT
DR9.01 The Di e to s ut is the asse li g a d editi g p o ess whereby a Motion Picture is assembled and arranged, or
edited u de the Di e to s e lusi e supe isio a d control and is understood to be a cornerstone of the
Di e to s eati e ights as e p essed i this Ag ee e t. (a) The Director shall be responsible for the
presentation of her cut of the Motion Picture
(herein referred to as the "Director's cut") and it is
u de stood that the Di e to s assig e t i ludes the presentation of the Director's cut to the
Producer, subject to the terms and conditions of
this Agreement as soon as possible within the time
period hereinafter provided for.
(b) No one other than the Director may supervise the
editing of the first cut of the Motion Picture
following completion of the Editor's assembly, but if
the Director refuses to, or due to incapacity, cannot
supervise the first cut, the Producer may assign
another person to edit the Motion Picture. Within
one (1) Day following such an assignment, the
Producer shall send the District Council written
notice thereof.
(c) Notwithstanding the foregoing, where an
accelerated post-Production schedule has been
accepted by the District Council, the Producer may
share the supervision of the editing process with the
Director.
DR9.02 Right to Director’s Cut It is understood and agreed that the Director's right to
prepare the Director's cut is an absolute right.
DR9.03 No I terfere ce ith Director’s Cut
(a) No one shall be allowed to interfere with or impede
the Di e to s p o ess of eati g the Di e to s ut within the permitted schedule.
(b) There shall be no "cutting behind" the Director.
DR9.04 Minimum Time Allowance
The Director shall be allowed at least the following
minimum time allowances for the preparation of the
Director's cut:
(a) For Theatrical Motion Pictures:
(i) Budgeted at one million dollars
($1,000,000.00) or less, four (4) weeks after
completion of the assemblage of sequences
provided for in article DR9.08;
(ii) Budgeted at two million dollars
($2,000,000.00) or less but more than one
million dollars ($1,000,000), six (6) weeks after
the completion of assemblage of sequences
provided for in article DR9.08;
(iii) Budgeted at more than two million dollars
($2,000,000.00), eight (8) weeks after the
completion of assemblage of sequences
provided for in article DR9.08.
(b) For Television Motion Pictures, Excluding Episodic
Television Series:
(i) having a running time of thirty (30) minutes or
less, within one (1) Day plus time and the
opportunity to make changes, if necessary, but
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not to exceed one (1) more Day after the
completion of assemblage of sequences
provided for in article DR9.08;
(ii) having a running time of sixty (60) minutes or
less, but more than thirty (30) minutes, within
four (4) Days after the completion of
assemblage of sequences provided for in
article DR9.08;
(iii) having a running time of ninety (90) minutes
or less, but more than sixty (60) minutes,
within fifteen (15) Days after the completion
of assemblage of sequences provided for in
article DR9.08;
(iv) having a running time of two (2) hours or less,
but more than ninety (90) minutes, within
twenty (20) Days after the completion of
assemblage of sequences provided for in
article DR9.08;
(v) having a running time of more than two (2)
hours, twenty (20) Days, plus five (5) Days for
each additional hour in excess of two (2)
hours.
(c) For Episodic Television Series:
(i) having a running time of thirty (30) minutes or
less, within one (1) Day plus time and the
opportunity to make changes, if necessary, but
not to exceed one (1) more Day after the
completion of assemblage of sequences
provided for in article DR9.08;
(ii) having a running time of sixty (60) minutes or
less, but more than thirty (30) minutes, within
two (2) Days after the completion of
assemblage of sequences provided for in
article DR9.08.
(d) If the assemblage of sequences of the Motion
Picture is not completed at the close of principal
photography, then the above minimum time
allowances shall not commence to run until after
such assemblage is completed, unless delay in the
completion of the assembly of the Motion Picture
beyond the close of principal photography is caused
by the Director.
DR9.05 Delivery Date for Television Motion Picture
Notwithstanding any other provision of this Agreement,
with respect to Television Motion Pictures, the Director's
editing privileges may not be exercised where the
preparation of any Television Motion Picture for a
projected delivery date does not permit the expenditure
of any or all of the time which would be required by the
exercise of the Director's cutting rights. In such
circumstances, the Producer will notify the District
Council. Any changes or reductions to the minimum time
allowances must be reported to the Director and the
District Council prior to the commencement of the editing
process.
DR9.06 Release Date for Theatrical Motion Picture
Where a release date for a Theatrical Motion Picture
must be met in an emergency, the Director's cutting time
may be reduced to an amount of time equal to one-half
(1/2) the actual time period available for cutting and the
District Council will be advised by the Producer. Any
changes or reductions to the minimum time allowances
must be reported to the Director and the District Council
prior to the commencement of the editing process.
DR9.07 Technological Change
The use of technology whether now known or not yet
known which involves the physical editing of film or tape
or other recording devices, whether now known or not
yet known, shall in no way limit or abridge the Director's
right to prepare the Director's cut, within such
technology.
DR9.08 Preparatio of Director’s Cut
The Director shall prepare the Director's cut of the
Motion Picture for presentation to the Producer and to
the person designated in the Director's Contract for
Services as having final cutting authority, in the ordinary
course of business, over the Motion Picture.
The Director shall diligently and continuously render
services in connection with the preparation of the
Director's cut and shall remain reasonably available on
the premises during such period. In pursuance thereof,
the following procedure shall be followed:
(a) The Director shall see the assembled sequences as
soon as the Editor has assembled them in
accordance with the Director's instructions during
the photography of the Theatrical Motion Picture,
provided this will not delay the time and
preparation of the assemblage of the sequences. If
the Director does not give such directions, the
Editor may proceed with the assemblage of the
sequences without them. The Director shall then
make whatever changes deemed necessary. The
Editor will make no further changes except under
the Director's instructions until the completion of
the Director's cut.
(b) With respect to television, the Producer shall cause
the sequences to be assembled and made available
for viewing by the Director promptly after the close
of principal photography so that the Director's cut
can be commenced immediately. The Editor will
make no further changes except under the
Director's instructions until the completion of the
Director's cut.
DR9.09 Limited Viewing
Other than in connection with the making of trailers and
teasers and other promotional vehicles, no one other
than the Editor and Editor's immediate staff shall view
the completed assembly before the Director, or if the
Director so requests, for twenty-four (24) hours after the
Director's initial viewing. The Director may not exhibit the
Motion Picture to anyone else without approval of the
Producer.
DR9.10 Screening
When the Director's cut is ready, the Director shall screen
such cut for the Producer and for the person, if any,
designated in the Director's Contract for Services as
having final cutting authority over the Motion Picture and
during such screening(s), the Director shall be entitled to
make recommendations for further changes in following
uts. The Di e to s e o e datio s fo fu the changes, if any, will be considered in good faith and,
where reasonable and practicable, implemented by the
Producer.
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DR9.11 Right to be Present and to Consult
The Director shall have the right, subject only to his
availability, to be present at all times and to consult with
the Producer and, where practicably possible, to
participate in all creative decisions throughout the entire
post production period in connection with the Motion
Picture.
The Director must be notified of the date, time and place
of each post-production operation. The Director shall be
afforded a reasonable opportunity, subject to his
availability, to screen and discuss the last version of the
Motion Picture before negative cutting, digital mastering
or dubbing, whichever occurs first.
The Producer will implement any reasonable and
practical suggestions, if any, given by the Director as a
esult of e e isi g the Di e to s easo a le oppo tu it to screen and discuss the last version of the Motion
Picture before negative cutting, digital mastering or
dubbing.
DR9.12 Producer’s Cost A post-production locale will not be selected for the
purpose of depriving the Director of his post-production
rights. The Director shall be informed of the intended
post-production locale in his Contract for Services. When
the post-production locale is at a Distant Location, the
Producer will pay for the Director's transportation, meals
and accommodations while the Director is rendering
post-production services.
DR9.13 Editing Theatrical Motion Pictures
Where a Producer licenses a Theatrical Motion Picture for
Canadian or foreign television exhibition under a contract
that allows the distributor or exhibitor to edit the
Theatrical Motion Picture for such exhibition, the
Producer shall provide in that contract that the
distributor or exhibitor shall notify the Director in writing
of its intention to edit the Theatrical Motion Picture at
least six (6) weeks before the airing of same on television.
This noti e shall e se t to the Di e to s last k o address as provided by the Producer and a copy shall be
given to the District Council. The notice shall specify the
nature of the editing proposed and shall provide for a
reasonable time and the specification of a place at which
the distributor or exhibitor will allow the Director to
express opinions about the proposed editing. While this is
a singular event and all editing authority rests with the
distributor or exhibitor, the Director in all cases shall be
entitled as a right to comment on the proposed editing.
In this article, editing shall not include interruptions made
in the Theatrical Motion Picture for commercial
announcements, promotional material, network
identification, and the like. The Producer supports the
principle that a distributor or exhibitor ought to maintain
the i teg it of the Di e to s o k.
DR9.14 Right of Consultation
The Producer shall consult with the Director and subject
only to the Dire to s a aila ilit , the Di e to shall, where practicably possible, participate in the colouring,
time compression and expansion, changes in the
exhibition of the aspect ratio (e.g., "panning and
scanning") and changes to allow exhibition in three (3)
dimensions made to a Theatrical Motion Picture after
delivery of the answer print. These services shall be
provided at no cost to the Producer.
DR10.00 LOOPING AND DUBBING
DR10.01 Looping
The looping of dialogue, including "wild tracking", for
scenes already photographed and the recording of
narration for any Motion Picture shall be directed by the
Director of the Motion Picture, provided the Director is
available at the time and place and at the cost scheduled
by the Producer and the Director receives no additional
compensation for the direction of looping and/or
narration.
With respect to Theatrical Motion Pictures, the Producer
shall be required to send the Director of the Motion
Picture, if the Director is available, to the place of looping
(including "wild tracking"), recording of narration and any
other post-production dialogue recording unless it is
minor in nature. The Producer's decision as to whether
such work is minor shall be final, provided it is
reasonable.
Should the Director of the Motion Picture be unavailable
to attend such looping or narration recordings, as above
provided, the Producer shall consult with the Director, if
the Director is available, as to what person is available
and fitted to direct such loopings and narrations. The final
decision in the selection of such person shall remain with
the Producer; however, the Producer will make a
reasonable effort to allow or enable the Director to
discuss with such person the Di e to s ideas as to the content and qualities of the work to be done.
DR10.02 Dubbing
The Director of the Motion Picture, if available, shall
participate in the spotting and dubbing of sound and
music, provided that such participation does not
necessarily increase costs.
DR11.00 DIRECTOR'S CREDIT
DR11.01 Restriction on Use of Word "Director"
(a) The Producer shall not sign any contract with any
guild, union or labour organization where it agrees
to accord members thereof screen or other form of
credit which includes the word "Director",
"Direction", or any derivation thereof, except "Art
Director", "Music Director", "Director of
Photography", or "Stage Director".
(b) The Producer shall not grant to any individual, other
than the Guild Member assigned the title and
functions of Director in the Director's Contract for
Services, any screen or other form of credit which
includes the word "Director", "Direction", or any
derivation thereof, except "Art Director", "Music
Director", "Director of Photography", or "Stage
Director".
DR11.02 For of Director’s Credit
The form of the Director's credit on screen, paid
advertising, phonograph records, books, tapes,
videodiscs, videocassettes and the containers thereof,
when and as required, shall be "Directed by....". The
words "Directed by" on screen shall be at least one-half
(1/2) the size of type used to accord credit to the
Director's name.
DR11.03 Screen Credit
The Director of the Motion Picture shall be accorded
screen credit on all positive prints and all Compact
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Devices, of the Motion Picture in accordance with the
following:
(a) No other credit shall appear on the card which
accords credit to the Director of the Motion Picture.
Such credit shall be given on a separate title card
placed at the Director's discretion immediately
before or after the body of the Motion Picture. If
requested by the District Council, the Producer shall
send the District Council copies of the main and end
titles as soon as possible after same are prepared in
final form.
(b) For Theatrical Motion Pictures, and Television
Motion Pictures more than ninety (90) minutes in
length, the size of the screen credit for the Director
of the Motion Picture shall be in size of type not less
than fifty percent (50%) of the size in which the title
of the Motion Picture is displayed or of the largest
size in which credit is accorded to any other person,
whichever is greater.
(c) For television Episodes or Series, the size of the
screen credit for the Director shall be no less than
forty percent (40%) of the Episode or Series title,
whichever is larger.
(d) The Director's screen credit shall be in such contrast
to the background and/or such colour as to be
clearly visible, and shall be of not less than two (2)
seconds in the clear for television Motion Pictures
of less than ninety (90) minutes duration; and not
less than three (3) seconds in the clear for all
Theatrical Motion Pictures and for television Motion
Pictures of ninety (90) minutes duration or longer.
In no event shall the Director's screen credit be
displayed for a cumulative time less than the
"Produced by" credit.
(e) No commercial, promotional or advertising
material, audio or visual, shall appear on or before
the Director's card either as background or
otherwise.
(f) The Producer shall specifically contract with its
distributors, exhibitors, television networks or
stations that they shall not change, alter, modify or
eliminate the screen credit of the Director or its
position on the prints.
(g) The Director has the right to remove his name from
the Motion Picture or use a pseudonym in
accordance with the applicable District Council
Schedule of this Agreement.
DR11.04 Paid Advertising Credit
The Director of the Motion Picture shall be accorded
credit on all paid advertising issued, prepared, controlled,
or contracted by the Producer directly or indirectly in
accordance with the following:
(a) Except as stated otherwise in this article DR11.04,
the location of the Director's credit shall be
discretionary with the Producer, and the size and
type of the Director's credit shall be no less than
fifteen percent (15%) of the size of type used for the
title of the Motion Picture, but in no event less than
the size and style of type for any credit accorded
any persons other than the principal performer.
(b) The Director shall receive credit on all "one sheets".
(c) The Producer need not accord credit to the Director
on an outdoor-type advertisement (including "24
sheets"), provided the advertisement contains no
more than the title of the Motion Picture, key art
(which may include likenesses or photographs of no
more than two (2) starring performers), logos, the
Motion Picture's rating and copyright notice and
copy of no more than twenty-five (25) words.
If the advertisement does not meet the foregoing requirements,
the Director's credit must be included in a size of type no less than
thirty-five percent (35%) the size of type used for the title or of
any individual credit, whichever is larger.
(d) The Director shall receive credit in size or type not
less than thirty percent (30%) the size of type used
for the title of the Motion Picture in any Motion
Picture industry trade advertisement.
(e) The Producer need not accord credit to the Director
in an advertisement of two hundred and fifty (250)
lines or less in newspapers, magazines and other
periodicals (excluding "trade papers"), provided that
the advertisement mentions no person (excluding
only the names of reviewers) other than two (2)
starring performers.
(f) Exceptions
None of the foregoing obligations shall apply:
(i) To group advertising, i.e. where more than
one (1) Motion Picture is advertised;
(ii) To so-called "teaser" advertising;
(iii) To "trailer" advertising. Notwithstanding the
foregoing, if credit is given for film or camera
process (such as Panavision, Technicolor or
Deluxe), or if the individual Producer or writer
is mentioned, then the Director's name shall
be mentioned;
(iv) To advertisements less than eight inches (8")
in size unless the individual writer or Producer
is given credit in such advertisement; and
(v) To other advertising on the screen, radio, or
television not to exceed one (1) minute.
(g) None of the exceptions under (f) above shall apply
and the name of the Director shall also be
mentioned if the name of any person other than
two (2) starring performers is mentioned, in any of
the advertising listed above, with the exception only
of congratulatory advertising or award advertising
where no one is mentioned other than the person
being congratulated or mentioned for the award.
DR11.05 Publicity
In any formal publicity released by the Producer,
whenever the name of the Motion Picture is mentioned,
the name of the Director, when known, shall also be
mentioned. The foregoing shall not apply if the publicity
relates to a television Series and the person or persons
mentioned rendered services in connection with the
entire Series and the Episodes thereof were directed by
more than one (1) Director.
DR11.06 Other Media
Where an audio tape, book, compact device, phonograph
record or compact discs or any other similar material is
made of or from the Motion Picture or any portion
thereof or of any of the music contained therein, then
article DR11.04(a) of this Schedule shall apply and the
Director shall receive credit on the audio tapes, books,
compact devices, or phonograph records or compact
discs or on the cover, envelope or container thereof if the
writer, principal performer, or the Producer is given
credit. The size, positioning and frequency of the
D I R E C T O R S – S C H E D U L E 1
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Director's credit shall be equal to the size, positioning and
frequency of the credit of the writer, principal performer
or the Producer whichever is greater.
DR12.00 PREVIEWS
DR12.01 With respect to Theatrical Motion Pictures, the Producer
will give the Director of the Motion Picture, five (5)
business days advance written notice (to his/her last
known address) of the time and place of all previews, or
any premiere or gala public showing of the Motion
Picture. The Director and his or her immediate family,
shall be entitled to attend any premiere or gala public
showing of the Motion Picture free of charge; however
transportation to and from any premiere or gala showing
will not be at the expense of the Producer. If the Director
cannot be reached, the District Council must be notified.
DR12.02 With respect to all Theatrical Motion Pictures covered by
this Agreement, the Producer will guarantee at least one
(1) public or private screening. The choice of the public
preview or private showing shall be within the discretion
of the Producer; provided, however, that if a private
showing is chosen by the Producer it shall be with an
audience of sufficient size and diversity to obtain
adequate audience response.
DR13.00 COPY OF MOTION PICTURE
DR13.01 The Producer agrees, on the written request of the
District Council or the Director, to make available to the
District Council or the Director as the case may be and at
the Producer's expense and without cost to the District
Council or the Director, a suitable copy of the Motion
Picture for the personal use of the Director or the District
Council. The copy of the Motion Picture shall be made
available within two (2) weeks of the written request and
shall be returned to the Producer within ten (10) days
after receipt by either the Director or the District Council.
The Motion Picture thus released shall not be used for a
public screening, however, the District Council shall be
entitled to screen the Motion Picture for educational or
training purposes of Guild Members.
The Producer shall provide without cost to the Director a
copy of the completed work, in beta sp, three quarter
(3/4) inch master or other mutually agreed upon format
and which includes one hundred percent (100%) of the
negative visual image, when available.
DR13.02 If the Producer goes out of business and there is no
successor in title, assignee, transferee or representative,
the Producer shall either:
(a) Deliver to the District Council, without cost to the
District Council, a copy of released material of such
Motion Picture; or
(b) Make other arrangements for such copy to be
available to the District Council, on its request, for
the screening purposes of the Director as above
provided; or
(c) If such copy is not so available, to permit the District
Council to purchase such a copy at cost, to be made
from the negative/master of such Motion Picture,
for the purposes above provided. The District
Council and the Director will sign any appropriate
documents required to accomplish the purposes as
above provided.
DR14.00 DIRECTOR'S MINIMUM RATES
DR14.01 The minimum rate schedules set forth in this Schedule
shall apply to all Contract for Services arising pursuant to
this Agreement in respect of any Guild Member who is
classified and/or categorized and/or who performs any of
the duties of a Director, except as the Contracted Rate
stipulated in any of said Contract for Services exceeds the
applicable minimum rate(s) provided by this Agreement.
DR14.02 Payments
A Director shall be paid in instalments as follows:
(a) One-third (1/3) on signing;
(b) One-third (1/3) on commencement of principal
photography; and
(c) One-third (1/3) on the later of completion of
principal photography or delivery of the Director's
cut.
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DR15.00 TIER LEVELS AND BUDGETS DEFINED
Tiers apply from June 14, 2013 until the expiration of this
Agreement.
DR15.01 The minimum rates for Directors under articles DR16.00, DR17.00 and DR19.00 have been divided into six (6) tier levels based on the type
of Production and the total Budget of that Production as set out below. The Budget range reflects the total Budget (including above and
below the line) in Canadian dollars.
(a) Theatrical Motion Pictures (includes "Features")
TIER 2013 TIER 2014 TIER 2015
A $10,591,452 and over A $10,803,281 and over A $11,019,346 and over
B $5,896,987 - $10,591,451 B $6,014,927 - $10,803,280 B $6,135,225 - $11,019,345
C $3,607,569 - $5,896,986 C $3,679,720 - $6,014,926 C $3,753,314 - $6,135,224
D $2,334,780 - $3,607,568 D $2,381,476 - $3,679,719 D $2,429,105 - $3,753,313
E $1,326,000 - $2,334,779 E $1,352,520 - $2,381,475 E $1,379,570 - $2,429,104
F under $1,326,000 F under $1,352,520 F under $1,379,570
(b)
Movies for Television (Includes "Direct to Video")
New Media Productions – 61 to 90 min projected length
TIER 2013 TIER 2014 TIER 2015
A $7,936,651 and over A $8,095,384 and over A $8,257,291 and over
B $5,952,488 - $7,936,650 B $6,071,538 - $8,095,383 B $6,192,969 - $8,257,290
C $3,306,938 - $5,952,487 C $3,373,077 - $6,071,537 C $3,440,538 - $6,192,968
D $2,334,780 - $3,306,937 D $2,381,476 - $3,373,076 D $2,429,105 - $3,440,537
E $1,222,980 - $2,334,779 E $1,247,440 - $2,381,475 E $1,272,388 - $2,429,104
F under $1,222,980 F under $1,247,440 F under $1,272,388
(c)
Mini-Series (per each 2 hours of broadcast time)
New Media Productions (91 min and over projected length or per each 2 hours of broadcast time)
TIER 2013 TIER 2014 TIER 2015
A $6,359,496 and over A $6,486,686 and over A $6,616,420 and over
B $4,625,088 - $6,359,495 B $4,717,590 - $6,486,685 B $4,811,942 - $6,616,419
C $3,468,816 - $4,625,087 C $3,538,192 - $4,717,589 C $3,608,956 - $4,811,940
D $2,334,780 - $3,468,815 D $2,381,476 - $3,538,191 D $2,429,105 - $3,608,955
E $1,222,980 - $2,334,779 E $1,247,440 - $2,381,475 E $1,272,388 - $2,429,104
F under $1,222,980 F under $1,247,440 F under $1,272,388
(d) Television Series - 1/2 hour episodes (includes Pilots, Anthologies, Spinoffs, episodic TV series, Television Drama Specials, Variety Series & Specials.)
New Media Productions - 1 to 30 min projected length
TIER 2013 TIER 2014 TIER 2015
A $1,017,519 and over A $1,037,870 and over A $1,058,627 and over
B $740,014 - $1,017,518 B $754,814 - $1,037,869 B $769,911 - $1,058,626
C $508,760 - $740,013 C $518,935 - $754,813 C $529,314 - $769,910
D $370,007 - $508,759 D $377,407 - $518,934 D $384,955 - $529,313
E $138,975 - $370,006 E $141,755 - $377,406 E $144,590 - $384,954
F under $138,975 F under $141,755 F under $144,590
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(e) Television Series - 1 hour episodes (includes Pilots, Anthologies, Spinoffs, Episodic TV series Television Drama Specials, Variety Series & Specials)
New Media Productions – 31 to 60 min projected length
TIER 2013 TIER 2014 TIER 2015
A $1,688,157 and over A $1,721,920 and over A $1,756,359 and over
B $1,329,713 - $1,688,156 B $1,356,307 - $1,721,919 B $1,383,433 - $1,756,358
C $936,580 - $1,329,712 C $955,312 - $1,356,306 C $974,418 - $1,383,432
D $601,261 - $936,579 D $613,287 - $955,311 D $625,552 - $974,417
E $250,155 - $601,260 E $255,158 - $613,286 E $260,261 - $625,551
F under $250,155 F under $255,158 F under $260,261
(f) Serial and Strip Programs - 1/2 hour
TIER 2013 TIER 2014 TIER 2015
A $531,885 and over A $542,523 and over A $553,373 and over
B $474,072 - $531,884 B $483,553 - $542,522 B $493,224 - $553,372
C $335,319 - $474,071 C $342,025 - $483,552 C $348,866 - $493,223
D $208,129 - $335,318 D $212,292 - $342,024 D $216,537 - $348,865
E $122,298 - $208,128 E $124,744 - $212,290 E $127,239 - $216,536
F under $122,298 F under $124,744 F under $127,239
(g) Serial and Strip Programs - 1 hour
TIER 2013 TIER 2014 TIER 2015
A $1,063,770 and over A $1,085,046 and over A $1,106,747 and over
B $936,580 - $1,063,769 B $955,312 - $1,085,045 B $974,418 - $1,106,745
C $670,638 - $936,579 C $684,051 - $955,311 C $697,732 - $974,417
D $265,943 - $670,637 D $271,261 - $684,049 D $276,687 - $697,730
E $211,242 - $265,942 E $215,467 - $271,260 E $219,776 - $276,686
F under $211,242 F under $215,467 F under $219,776
(h) Derivative Productions - Per minute of projected length
TIER 2013 TIER 2014 TIER 2015
A $42,396 and over A $43,244 and over A $44,109 and over
B $30,834 - $42,395 B $31,450 - $43,243 B $32,079 - $44,108
C $21,198 - $30,833 C $21,622 - $31,449 C $22,054 - $32,078
D $15,417 - $21,197 D $15,726 - $21,621 D $16,040 - $22,053
E $5,791 - $15,416 E $5,906 - $15,725 E $6,024 - $16,039
F under $5,791 F under $5,906 F under $6,024
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DR16.00 MINIMUM WEEKLY RATES FOR THEATRICAL MOTION PICTURES
The rates below apply from June 14, 2013 to the expiration of this Agreement.
DR16.01
The minimum rate paid to the Director for services in a Theatrical Motion Picture shall constitute payment in full for the worldwide
theatrical exhibition of the Motion Picture for the period of the copyright of the Motion Picture. For Theatrical Motion Pictures, the
minimum rates per week for Productions in tiers A to D and the minimum Gross Remuneration for tiers E and F, shall be:
Tier
Level
MINIMUM BASE RATES
For 2013-2015 Agreement
Minimum Obligatory Rights Acquisition
Fee @ 90% of base rate*
Guaranteed period for
prep and shoot
A $10,260.00 $9,234.00 16 Weeks
B $ 9,250.00 $8,325.00 15 Weeks
C $ 8,600.00 $7,740.00 14 Weeks
D $ 7,310.00 $6,579.00 10 Weeks
E 2% of Total Budget** 1% of the total budget 8 Weeks
F 2% of Total Budget*** .75% of the total budget 8 Weeks
See DR 19.02 for applicable rights acquisition fees details
DR16.02 Daily Rate
The minimum daily rate for additional Days worked beyond the Director's guaranteed period or for daily engagement, where
permissible, shall be one-fourth (1/4th
) of the Weekly Rate payable for the particular type of Motion Picture.
DR16.03 Series Bonus
If an open-ended Free Television Series based on a Theatrical Motion Picture is sold subsequent to the Production of the Theatrical
Motion Picture, article DR17.14 shall apply.
DR17.00 MINIMUM RATES FOR TELEVISION MOTION PICTURES
The rates below apply from June 14, 2013 to the expiration of this Agreement.
DR17.01 The rate paid to the Director for services on a Television Motion Picture shall constitute payment in full for one (1) of the following "declared
exhibitions" of the Motion Picture:
Declared Exhibitions Basic Use Entitlement for Minimum Rate
(a) Free Television One (1) domestic run in Canada.
(b) Pay Television Three (3) months in each market in Canada.
(c) Cable Television Three (3) years use in Canada.
Prior to the engagement of a Director, or prior to his assignment to the Motion Picture if previously engaged, the Producer must declare the
intended exhibition of the Television Motion Picture.
DR17.02 For Anthologies, Made for Television Movies, Mini-Series, Pilots, spinoffs, and Television Drama Specials, the minimum rates for Directors shall
be:
(a) Tier A
Length MINIMUM BASE RATES
2013-2015
Minimum Obligatory Rights Acquisition
Fee @ 110% of base rate*
Guaranteed period for prep
and shoot, excluding Pilots
Guaranteed period for prep
and shoot for Pilots
½ hour $15,600.00 $17,160.00 10 Days 13 Days
1 hour $31,195.00 $34,314.50 20 Days 25 Days
1 ½ hour $61,380.00 $67,518.00 30 Days 38 Days
2 hours $92,070.00 $101,277.00 45 Days 57 Days
See DR 19.03 (a) for applicable rights acquisition fees details
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(b) Tier B
Length MINIMUM BASE RATES
2013-2015
Minimum Obligatory Rights
Acquisition Fee @ 110%
of base rate*
Guaranteed period for prep and
shoot, excluding Pilots
Guaranteed period for prep and
shoot for Pilots
½ hour $14,075.00 $15,482.50 10 Days 13 Days
1 hour $28,120.00 $30,932.00 20 Days 25 Days
1 ½ hour $55,330.00 $60,863.00 30 Days 38 Days
2 hours $83,000.00 $91,300.00 45 Days 57 Days
*See DR 19.03 (a) for applicable rights acquisition fees details
(c) Tier C
Length
MINIMUM
BASE RATES
2013-2015
Regular Rights
Acquisition Fees
@ 110%*
Alternate Rights Acquisition Fees* Guaranteed period
for prep and shoot,
excluding Pilots
Guaranteed period
for prep and shoot
for Pilots TV
@ 75%
Compact Device
@30%
New Media
@ 5%
½ hour $12,310.00 $13,541.00 $9,232.50 $3,693.00 $615.50 10 Days 13 Days
1 hour $24,610.00 $27,071.00 $18,457.50 $7,383.00 $1,230.50 20 Days 25 Days
1 ½ hour $48,420.00 $53,262.00 $36,315.00 $14,526.00 $2,421.00 30 Days 38 Days
2 hours $72,625.00 $79,887.50 $54,468.75 $21,787.50 $3,631.25 45 Days 57 Days
See DR 19.03 (b) for applicable rights acquisition fees details
(d) Tier D
Length
MINIMUM
BASE RATES
2013-2015
Regular Rights
Acquisition Fees
@ 110%
Alternate Rights Acquisition Fees* Guaranteed period
for prep and shoot,
excluding Pilots
Guaranteed period for
prep and shoot
for Pilots
TV
@ 75%
Compact Device
@30%
New Media
@ 5%
½ hour $10,465.00 $11,511.50 $7,848.75 $3,139.50 $523.25 10 Days 13 Days
1 hour $20,930.00 $23,023.00 $15,697.50 $6,279.00 $1,046.50 20 Days 25 Days
1 ½ hour $41,165.00 $45,281.50 $30,873.75 $12,349.50 $2,058.25 30 Days 38 Days
2 hours $61,730.00 $67,903.00 $46,297.50 $18,519.00 $3,086.50 45 Days 57 Days
See DR 19.03 (b) for applicable rights acquisition fees details
(e) Tier E
Length MINIMUM BASE RATES
2013-2015
Obligatory Rights
Acquisition Fees*
Guaranteed period for prep and
shoot, excluding Pilots
Guaranteed period for prep and
shoot for Pilots
½ hour 2% of Total Budget 1% of Total Budget 10 Days 13 Days
1 hour 2% of Total Budget 1% of Total Budget 20 Days 25 Days
1 ½ hour 2% of Total Budget 1% of Total Budget 30 Days 38 Days
2 hours 2% of Total Budget 1% of Total Budget 45 Days 57 Days
See DR 19.03 (c) for applicable rights acquisition fees details
(f) Tier F
Length MINIMUM BASE RATES
2013-2015
Obligatory Rights
Acquisition Fees*
Guaranteed period for prep and
shoot, excluding Pilots
Guaranteed period for prep
and shoot for Pilots
½ hour 2% of Total Budget .75% of Total Budget 10 Days 10 Days
1 hour 2% of Total Budget .75% of Total Budget 20 Days 20 Days
1 ½ hour 2% of Total Budge .75% of Total Budget 30 Days 30 Days
2 hours 2% of Total Budget .75% of Total Budget 45 Days 45 Days
*See DR 19.03 (c) for applicable rights acquisition fees details
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DR17.03 For television Series, the minimum rates and additional use fee for Directors shall be:
(a) Tier A
Length MINIMUM BASE RATES 2013-2015
Minimum Obligatory Rights Acquisition Fee
@ 110% of base rate*
Guaranteed period for prep and shoot
½ hour $12,680.00 $13,948.00 10 Days
1 hour $26,330.00 $28,963.00 18 Days
1 ½ hour If a Producer is contemplating producing at this broadcast length, then the parties to this Agreement will meet to discuss the
appropriate rates. 2 hours
*See DR 19.03 (a) for applicable rights acquisition fees details
(b) Tier B
Length MINIMUM BASE RATES 2013-2015
Minimum Obligatory Rights Acquisition Fee
@ 110% of base rate* Guaranteed period for prep and shoot
½ hour $11,435.00 $12,578.50 10 Days
1 hour $23,735.00 $26,108.50 18 Days
1 ½ hour If a Producer is contemplating producing at this broadcast length, then the parties to this Agreement will meet to discuss the
appropriate rates. 2 hours
*See DR 19.03 (a) for applicable rights acquisition fees details
(c) Tier C
Length MINIMUM BASE
RATES 2013-2015
Regular Rights Acquisition
Fees @ 110%
Alternate Rights Acquisition Fees * Guaranteed period for
prep and shoot TV
@ 75%
Compact Device
@30%
New Media
@ 5%
½ hour $10,015.00 $11,016.50 $7,511.25 $3,004.50 $500.75 10 Days
1 hour $20,755.00 $22,830.50 $15,566.25 $6,226.50 $1,037.75 18 Days
1 ½ hour If a Producer is contemplating producing at this broadcast length, then the parties to this Agreement will meet to discuss the
appropriate rates. 2 hours
*See DR 19.03 (b) for applicable rights acquisition fees details
(d) Tier D
MINIMUM BASE
RATES 2013-2015
Regular Rights Acquisition
Fees @ 110%*
Alternate Rights Acquisition Fees * Guaranteed period for
prep and shoot Length TV
@ 75%
Compact Device
@30%
New Media
@ 5%
½ hour $ 8,510.00 $9,361.00 $6,382.50 $2,553.00 $425.50 10 Days
1 hour $17,650.00 $19,415.00 $13,237.50 $5,295.00 $882.50 18 Days
1 ½ hour If a Producer is contemplating producing at this broadcast length, then the parties to this Agreement will meet to discuss the
appropriate rates. 2 hours
*See DR 19.03 (b) for applicable rights acquisition fees details
(e) Tier E
*See DR 19.03 (c) for applicable rights acquisition fees details
Length MINIMUM BASE RATES 2013-2015 Obligatory Additional Use Fees Guaranteed period for prep and shoot
½ hour 2% of Total Budget 1% of Total Budget 10 Days
1 hour 2% of Total Budget 1% of Total Budget 18 Days
1 ½ hour If a Producer is contemplating producing at this broadcast length, then the parties to this Agreement will meet to discuss the
appropriate rates. 2 hours
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(f) Tier F
Length MINIMUM BASE RATES 2013-2015 Obligatory Rights Acquisition Fees Guaranteed period for prep and shoot
½ hour 2% of Total Budget .75% of Total Budget 10 Days
1 hour 2% of Total Budget .75% of Total Budget 18 Days
1 ½ hour If a Producer is contemplating producing at this broadcast length, then the parties to this Agreement will meet to discuss the
appropriate rates. 2 hours
*See DR 19.03 (c) for applicable rights acquisition fees details
DR17.04 For Variety Series and Variety Specials, the minimum rates and additional use fee for Directors shall be:
(a) Tier A
Length MINIMUM BASE RATES 2013-2015 Minimum Obligatory Rights Acquisition
Fee @ 110% of base rate*
Guaranteed period for prep and shoot
½ hour $5,015.00 $5,516.50 6 Days
1 hour $7,195.00 $7,914.50 9 Days
1 ½ hour $9,435.00 $10,378.50 14 Days
2 hours $13,315.00 $14,646.50 18 Days
*See DR 19.03 (a) for applicable rights acquisition fees details
(b) Tier B
Length MINIMUM BASE RATES 2013-2015 Minimum Obligatory Rights Acquisition
Fee @ 110% of base rate* Guaranteed period for prep and shoot
½ hour $4,475.00 $4,922.50 6 Days
1 hour $6,485.00 $7,133.50 9 Days
1 ½ hour $8,505.00 $9,355.50 14 Days
2 hours $12,000.00 $13,200.00 18 Days
*See DR 19.03 (a) for applicable rights acquisition fees details
(c) Tier C
Length MINIMUM BASE
RATES 2013-2015
Regular Rights Acquisition
Fees @ 110%
Alternate Rights Acquisition Fees * Guaranteed period for
prep and shoot TV
@ 75%
Compact Device
@30%
New Media
@ 5%
½ hour $3,950.00 $4,345.00 $2,962.50 $1,185.00 $197.50 6 Days
1 hour $5,675.00 $6,242.50 $4,256.25 $1,702.50 $283.75 9 Days
1 ½ hour $7,446.00 $8,190.60 $5,584.50 $2,233.80 $372.30 14 Days
2 hours $10,500.00 $11,550.00 $7,875.00 $3,150.00 $525.00 18 Days
*See DR 19.03 (b) for applicable rights acquisition fees details
(d) Tier D
Length
MINIMUM BASE
RATES 2013-2015
Regular Rights Acquisition
Fees @ 110%*
Alternate Rights Acquisition Fees * Guaranteed period for
prep and shoot TV
@ 75%
Compact Device
@ 30%
New Media
@ 5%
½ hour $3,360.00 $3,696.00 $2,520.00 $1,008.00 $168.00 6 Days
1 hour $4,830.00 $5,313.00 $3,622.50 $1,449.00 $241.50 9 Days
1 ½ hour $6,335.00 $6,968.50 $4,751.25 $1,900.50 $316.75 14 Days
2 hours $8,925.00 $9,817.50 $6,693.75 $2,677.50 $446.25 18 Days
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*See DR 19.03 (b) for applicable rights acquisition fees details
(e) Tier E
Length MINIMUM BASE RATES 2013-2015 Obligatory Rights Acquisition Fees Guaranteed period for prep and shoot
½ hour 2% of Total Budget 1% of Total Budget 6 Days
1 hour 2% of Total Budget 1% of Total Budget 9 Days
1 ½ hour 2% of Total Budget 1% of Total Budget 14 Days
2 hours 2% of Total Budget 1% of Total Budget 18 Days
*See DR 19.03 (c) for applicable rights acquisition fees details
(f) Tier F
Length MINIMUM BASE RATES 2013-2015 Regular Rights Acquisition Fees Guaranteed period for prep and shoot
½ hour 2% of Total Budget .75% of Total Budget 6 Days
1 hour 2% of Total Budget .75% of Total Budget 9 Days
1 ½ hour 2% of Total Budget .75% of Total Budget 14 Days
2 hours 2% of Total Budget .75% of Total Budget 18 Days
*See DR 19.03 (c) for applicable rights acquisition fees details
DR17.05 For a Strip Program, the minimum rate and additional use fee for Directors shall be:
(a) Tier A
Length MINIMUM BASE RATES 2013-2015 Minimum Obligatory Rights Acquisition
Fee @ 50% of base rate
Guaranteed period for prep and shoot
½ hour $3,075.00 $1,537.50 2 Days
1 hour $5,345.00 $2,672.50 3 Days
(b) Tier B
Length MINIMUM BASE RATES 2013-2015 Minimum Obligatory Rights Acquisition
Fee @ 50% of base rate*
Guaranteed period for prep and shoot
½ hour $2,565.00 $1,282.50 2 Days
1 hour $4,470.00 $2,235.00 3 Days
(c) Tier C
Length MINIMUM BASE RATES 2013-2015 Minimum Obligatory Rights Acquisition
Fee @ 50% of base rate* Guaranteed period for prep and shoot
½ hour $2,245.00 $1,122.50 2 Days
1 hour $3,920.00 $1,960.00 3 Days
(d) Tier D
Length MINIMUM BASE RATES 2013-2015 Minimum Obligatory Rights Acquisition
Fee @ 50% of base rate*
Guaranteed period for prep and shoot
½ hour $1,915.00 $957.50 2 Days
1 hour $3,330.00 $1,665.00 3 Days
(e) Tier E
Length MINIMUM BASE RATES 2013-2015 Minimum Obligatory Rights Acquisition
Fee @ 50% of base rate*
Guaranteed period for prep and shoot
½ hour $1,555.00 $777.50 2 Days
1 hour $2,700.00 $1,350.00 3 Days
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(f) Tier F
Length MINIMUM BASE RATES 2013-2015 Minimum Obligatory Rights Acquisition
Fee @ 50% of base rate* Guaranteed period for prep and shoot
½ hour Negotiable 50% 2 Days
1 hour Negotiable 50% 3 Days
*See DR 19.04 for applicable rights acquisition fees details
DR17.06 For a Serial Program, the minimum rate for Directors shall be:
(a) Tier A
Length MINIMUM BASE RATES 2013-2015 Minimum Obligatory Rights Acquisition
Fee @ 50% of base rate*
Guaranteed period for prep and shoot
½ hour $3,075.00 $1,537.50 2 Days
1 hour $5,345.00 $2,672.50 3 Days
(b) Tier B
Length MINIMUM BASE RATES 2013-2015 Minimum Obligatory Rights Acquisition
Fee @ 50% of base rate* Guaranteed period for prep and shoot
½ hour $2,765.00 $1,382.50 2 Days
1 hour $4,815.00 $2,407.50 3 Days
(c) Tier C
Length MINIMUM BASE RATES 2013-2015 Minimum Obligatory Rights Acquisition
Fee @ 50% of base rate* Guaranteed period for prep and shoot
½ hour $2,425.00 $1,212.50 2 Days
1 hour $4,225.00 $2,112.50 3 Days
(d) Tier D
Length MINIMUM BASE RATES 2013-2015 Minimum Obligatory Rights Acquisition
Fee @ 50% of base rate* Guaranteed period for prep and shoot
½ hour $2,065.00 $1,032.50 2 Days
1 hour $3,590.00 $1,795.00 3 Days
(e) Tier E
Length MINIMUM BASE RATES 2013-2015 Minimum Obligatory Rights Acquisition
Fee @ 50% of base rate* Guaranteed period for prep and shoot
½ hour $1,675.00 $837.50 2 Days
1 hour $2,910.00 $1,455.00 3 Days
(f) Tier F
Length MINIMUM BASE RATES 2013-2015 Minimum Obligatory Rights Acquisition
Fee @ 50% of base rate* Guaranteed period for prep and shoot
½ hour Negotiable 50% 2 Days
1 hour Negotiable 50% 3 Days
*See DR 19.04 for applicable rights acquisition fees details
D I R E C T O R S – S C H E D U L E 1
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DR17.07 Additional Work on Strip and Serial Programs
(a) Any work performed by a Director on an extra Day
shall be paid based on the following formula, and is
in addition to any other rate to which the Director is
entitled:
(i) One (1) to thirty (30) minutes in length: fifty
percent (50%) of the applicable rate as set out
in article DR17.06 or DR17.07 (a), (b), (c), (d) or
(e) for each extra day of work.
(ii) Thirty-one (31) to sixty (60) minutes in length:
thirty three and one third percent (33.33%) of
the applicable rate as set out in article
DR17.06 or DR17.07(a), (b), (c), (d), or (e) for
each extra day of work.
(b) In any case where a Director shoots scenes for
another Director, then the first Director will be paid
based on the following formula, and is in addition to
any other rate to which the first Director is entitled:
(i) Up to fifteen (15) minutes (total): one hundred
percent (100%) of the applicable rate as set
out in the zero (0) to fifteen (15) minute
section under article DR17.06 or DR17.07 (a),
(b), (c), (d) or (e) for each additional day of
work.
(ii) Up to thirty (30) minutes (total): one hundred
percent (100%) of the applicable rate as set
out in the sixteen (16) to thirty (30) minute
section under article DR17.05 or DR17.07(a),
(b), (c), (d) or (e) for each additional day of
work.
(c) Flashbacks and scenes replayed at the start of an
Episode will be allowed without any additional
compensation as long as the scenes used are less
than a total of three (3) minutes in length, or if the
scenes were shot by the Director of the Episode in
which they appear regardless of the total length of
those scenes. Where the length of the scenes is
equal to or greater than a total of three (3) minutes,
the Director shall be compensated at the extra Day
rate, in addition to any other rate to which the
Director is entitled.
DR17.08 Exceptional Length Productions
(a) For a double length Episode of a television Series, the
Director shall be engaged at two hundred percent
(200%) of the applicable minimum rate and
guaranteed Days set forth in article DR17.03 above.
(b) For Television Motion Pictures in excess of two (2)
hours, the minimum rate and guaranteed Days shall
be computed at the two (2) hour rate plus pro rata of
the one (1) hour schedule.
DR17.09 Computation of Rate
Except for Article DR18.00 (New Media Productions),the
minimum daily pro rata rate shall be computed by
dividing the minimum rate per show by the number of
Days guaranteed for such show. The minimum Weekly
Rate shall be computed by multiplying the applicable
daily pro rata rate by five (5) days. The minimum daily
rate for additional Days worked beyond the Director's
guaranteed period of engagement or for daily
engagement, where permissible, shall be one-fourth
(1/4th
) of such Weekly Rate.
DR17.10 Guaranteed Days (Shooting/Prep Time)
Total guaranteed Days shown are the maximum allowed
for the applicable rate.
DR17.11 Series With or Without a Pilot
(a) Where an Episode shot as a Pilot results in a Series,
the Director shall receive the difference between
the fees paid under DR.17.02 and one hundred and
fifty percent (150%) of the appropriate rate in
DR17.03. This fee shall be paid no later than the first
day of principal photography for the Series.
(b) Where a Director is engaged to direct the first
Episode of a new Series (and no Pilot has already
been shot) the Director shall receive one hundred
and fifty percent (150%) of the appropriate rate in
DR.17.03. "First Episode" in this case refers to the
first Episode shot, regardless of the order in which
the Episodes are aired.
(c) The payment of either of the above fees shall entitle
the Producer to one (1) additional prep or shooting
day per one-half (1/2) hours of said first Episode.
DR17.12 Additional Use
If the Producer desires to re-run any Television Motion
Picture or exhibit any Television Motion Picture
Theatrically or on Compact Devices, the Contract for
Services of each Director engaged therein shall contain a
separate provision for additional compensation, which
shall not be less than the amounts set out in article
DR19.00 of this Schedule.
DR17.13 Theatrical Release Payment
If a Television Motion Picture is exhibited theatrically
before being broadcast on television, then on the release
of such Television Motion Picture, the Director shall
receive not less than one hundred percent (100%) of the
Theatrical minimum rate, less all Gross Remuneration
previously received.
DR17.14 Series Bonus
(a) If an open-ended television Series is sold subsequent to
the Production of a Pilot, spin-off or in any of the forms
set forth in articles DR17.11(a) or (b) above, or if such
television Series is based on a Theatrical Motion Picture,
then the Director of the Pilot or spin-off or of the Motion
Picture introducing the character(s) shall be entitled to
an additional aggregate Series bonus for each Production
year as follows:
Length of Television
Motion Picture
Series Bonus
One-Half (1/2) hour $1081.50
One (1) hour $2163.00
Ninety (90) minutes or longer $3244.50
Payment is to be made within five (5) days after firm
order for Production. The Series bonus may not be bought out.
(b) Lead-in Payment
A Director who is engaged exclusively to direct material
used in lead-ins for the Series will receive one-half (1/2) of the
Series bonus provided for in article DR17.15(a) for each year of
p odu tio the Di e to s ate ial is used. The term "lead-in" as
used in article DR17.15 (b) includes title sequences. The District
Council will determine the allocation among Directors where
more than one (1) Director is entitled to receive a share of the
lead-in payment.
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DR18.00 MINIMUM RATES FOR NEW MEDIA AND DERIVATIVE
PRODUCTIONS
DR18.01 The rates paid to the Director for services in a New
Media Production shall constitute payment in full for the
worldwide use of the Production on one online service
for a period of three (3) years.
DR18.02 MINIMUM RATES FOR NEW MEDIA PRODUCTIONS (excluding Derivative Productions)
(a) Tiers A to D - The minimum daily rates and additional use fees for Directors shall be:
TIERS
MINIMUM BASE
DAILY RATES
2013-2015
Rights Acquisition Fees*
TV
@ 75%
Compact Device
@30%
New
Media
@ 5%
A $1,462.77 $1,097.08 $438.83 $73.14
B $1,318.61 $988.96 $395.58 $65.93
C $1,001.50 $751.13 $300.45 $50.08
D $851.00 $638.25 $255.30 $42.55
*See DR19.05 (a) for applicable rights acquisition fees.
The Producer shall provide the number of days the Director is being contracted for in the Contract for Service and shall pay out those days even
if not worked, subject to force majeure pursuant to Article 13.01. For clarity, additional days beyond the contracted number of days shall be
paid at the daily rate above.
(b) Tiers E and F - The minimum rates and additional use fees for Directors shall be:
Projected Length MINIMUM BASE
RATES TIER E
2013-2015
Obligatory Rights
Acquisition Fees
MINIMUM
BASE RATES
TIER F
2013-2015
Regular Additional
Use Fees
Guaranteed
Period for Prep
and Shoot
1 – 30 minutes 2% of total budget 1% of total budget 2% of budget .75% of total budget 10 days
31 – 60 minutes 2% of total budget 1% of total budget 2% of budget .75% of total budget 18 days
61 – 90 minutes 2% of total budget 1% of total budget 2% of budget .75% of total budget 27 days
91 min and over
(per each 2 hrs of
broadcast time) 2% of total budget 1% of total budget 2% of budget .75% of total budget 36 days
*See DR19.05 (b) for applicable rights acquisition fees details
DR18.03 Additional Prep and Shoot Days – Tiers E and F
For additional prep and shoot days beyond the
guaranteed days above, the daily rate shall be the
minimum fee payable (3% or 2.75% of the total budget on
Tier E or F, respectively) divided by the number of
guaranteed prep and shoot days applicable to that type
of Production as above. For example, for a one hundred
and twenty minute Tier F Production with a budget of
$700,000, the daily rate would be $700,000 multiplied by
2.75 percent, divided by 36. This equals $534.72 per day.
DR18.04 Step Up Fees for New Media Production
If a New Media Production is broadcast on linear (i.e.
conventional) television within one year from the date of
its initial exploitation on a New Media Platform, the
Producer shall pay to the Director a step-up fee equal to
the difference between the minimum rates and rights
acquisition fees paid to the Director for the New Media
Production and the applicable minimum rates and rights
acquisition fees that would have been payable to the
Director if the New Media Production were contracted as
a Television Motion Picture Production. For clarity, if the
Production is a Tier C or D and the step-up is required as
above, the Producer may still choose between the
Regular Option and the Alternate Option as described in
DR.19.03.(b).
DR18.05 MINIMUM RATES FOR DERIVATIVE PRODUCTIONS
For a Derivative Production, the minimum rate for
Directors (per minute of projected length) shall be:
Tier 2013 - 2015
A $ 528.50
B $ 476.50
C $ 417.50
D $ 355.00
E negotiable
F negotiable
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Pa e t of the Di e to s appli a le i i u ate fo all derivative material includes prep and shoot.
Pa e t of the Di e to s appli a le i i u ates as above will grant the Producer the right to all use now or
hereafter known for the Derivative Production in
perpetuity.
DR19.00 RIGHTS ACQUISITION FEES FOR ADDITIONAL USE
DR19.01 For the purposes of this article:
(a) "at the time of Production" means no later than the
completion of principal photography and with
respect to a Television Series, no later than
completion of principal photography of the
particular Episode
(b) "Canadian Production" means a Motion Picture
which does qualify as "Canadian content" as defined
by the Canadian Radio-Television and
Telecommunications Commission (CRTC).
(c) "Date of Use" means the date on which a Motion
Picture is released on Compact Device or
theatrically, or exhibited or broadcast on Free
Television, Pay Television or Cable Television.
(d) "Non-Canadian Production" means a Motion Picture
which does not qualify as "Canadian content" as
defined by the Canadian Radio-Television and
Telecommunications Commission (CRTC).
(e) “Pa e t Co pa means a corporation as defined
in the Canada Business Corporations Act that owns
or controls the production company. Ownership of
a production company means that the parent
company holds at least fifty percent of all the voting
shares of the production company. Control of a
production company means that one or more
corporation(s) are in a position to elect more than
fifty percent of the board of directors of the
production company.
DR19.02 Additional Use - Theatrical Motion Pictures
(a) TIERS A - D
The Producer shall make a mandatory payment of
i et pe e t 9 % of the appli a le Di e to s minimum rate at the time of Production. Such
payment shall entitle the Producer to all use now or
hereafter known for the Production in perpetuity
beyond the use acquired under Article DR16.01 with
respect to Theatrical Motion Pictures
(b) TIERS E - F
For Theatrical Motion Pictures in tier E the minimum
rate shall be 2% of the total Budget plus an
additional 1% mandatory rights acquisition fee,
which shall include all uses now or hereafter known
for the Production in perpetuity.
For Theatrical Motion Pictures in tier F the minimum
rate shall be 2% of the total Budget plus an
additional .75% mandatory rights acquisition fee,
which shall include all uses now or hereafter known
for the Production in perpetuity.
DR19.03 Additional Use - Television Motion Pictures (Excluding
Strip or Serial Programs)
(a) Tiers A and B The Producer shall make a mandatory payment of
one hundred and ten percent (110%) of the
appli a le Di e to s i i u ate at the ti e of Production. Such payment shall entitle the Producer
to all use now or hereafter known for the Production
in perpetuity beyond the use acquired under Article
DR17.01 with respect to Television Motion Pictures.
(b) Tiers C and D
The Producer shall choose one of the two following
options:
(I ) Regular Option: The Producer shall make a
mandatory payment of one hundred and ten
pe e t % of the appli a le Di e to s minimum rate at the time of Production. Such
payment shall entitle the Producer to all use
now or hereafter known for the Production in
perpetuity beyond the use acquired under
Article DR17.01 with respect to Television
Motion Pictures.
(ii) Alternate Option: The Producer shall make a
mandatory payment of seventy-five percent
(75%) of the appli a le Di e to s minimum
rate at the time of Production. Such payment
shall entitle the Producer to all television use
now or hereafter known for the Production in
perpetuity, including free streaming use on
the oad aste s e site fo the du atio of
the oad aste s tele isio li e se te s, but
excluding use on Compact Device and any
New Media Platform.
In addition, the Producer can opt at any time
prior to the particular Date of Use specified in
(1.) and (2.) below and without penalty, to
make payment of the following:
1. Thirty percent (30%) of the applicable
Di e to s i i u ate to a ui e all Compact Device use now or hereafter known
for the Production in perpetuity. Where a
Compact Device is created and distributed for
promotional use (i.e. not for sale or rental),
this payment of thirty percent (30%) is not
required;
and/or
2. Fi e pe e t % of the appli a le Di e to s minimum rate to acquire all on New Media
Platform use now or hereafter known for the
Production in perpetuity.
If not paid by the due date, then the applicable rate shall
be increased by three percent (3%).
Should the Producer choose this Alternate Option, the
Producer shall, at the time of Production, provide the
District Council with a guarantee from its Parent
Company in the form set out at Schedule 15 to cover
further use payments.
The P odu e ust spe if i the Di e to s Co t a t fo Services the uses of the Motion Picture for which the
rights acquisition fee is being provided.
(c) Tiers E and F
For Television Motion Picture Productions, Anthologies,
Made for Television Movies, Mini-Series, Series, Pilots,
spinoffs, and Television Drama Specials, the minimum
rate shall be two percent (2%) of the total Budget plus an
additional one percent (1%) mandatory rights acquisition
fee which shall include all uses now or hereafter known
for the Production in Perpetuity. In no case shall the rate
be higher than one dollar ($1.00) less than the rates in
tier D.
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For Television Motion Picture Productions, Anthologies,
Made for Television Movies, Mini-Series, Series, Pilots,
spinoffs, and Television Drama Specials, the minimum
rate shall be two percent (2%) of the total Budget plus an
additional three-quarters of a percent (0.75%) mandatory
rights acquisition fee, which shall include all uses now or
hereafter known for the Production in Perpetuity. In no
case shall the rate be higher than one dollar ($1.00) less
than the rates in tier E.
DR19.04 Additional Use - Strip or Serial Programs
The Producer shall make payment of fifty percent (50%)
of the appli a le Di e to s i i u ate at the ti e of Production to acquire all use now or hereafter known for
the Production in perpetuity beyond the use acquired
under Article DR17.01 with respect to Television Motion
Pictures.
DR19.05 Additional Use -New Media Productions (excluding
Derivative Productions)
(a) Tiers A to D
The Producer shall, at the time of Production, provide
the District Council with a guarantee from its Parent
Company in the form set out at Schedule 15 to cover
further use payments.
The Producer can opt at any time prior to the date of
use of the individual use specified in (i), (ii) and/or (iii)
below, without penalty, to make payment of the
following:
(i) Seventy-five percent (75%) of the applicable
Di e to s minimum rate to acquire all use now
or hereafter known for the Production in
perpetuity, excluding Compact Device and
exhibition on any New Media Platform; and/or
(ii) Five percent (5%) of the appli a le Di e to s minimum rate to acquire all on New Media
Platform use now or hereafter known for the
Production in perpetuity; and/or
(iii) Thi t pe e t % of the appli a le Di e to s minimum rate to acquire all Compact Device use
now or hereafter known for the Production in
perpetuity.
(b) Tiers E and F
The rights acquisition fees applicable to Tier E and F
New Media Productions are:
For Tier E, the minimum rate shall be 2% of the total
Budget plus an additional one percent (1%) mandatory
rights acquisition fee, which shall include all use now or
hereafter known for the Production in perpetuity.
For Tier F, the minimum rate shall be 2% of the total
Budget plus an additional three quarters of a percent
(.75%) mandatory rights acquisition fee, which shall
include all use now or hereafter known for the
Production in perpetuity.
DR19.06 Technological Change/Other Uses
The parties recognize that technology in the industry is
constantly changing. To the extent that the particular use
of a Motion Picture is not covered under one (1) of the
categories set out herein the parties agree to meet and to
negotiate with a view to determining an appropriate
rights acquisition fee. If the parties are unable to resolve
the issue, then the parties agree to submit to an
arbitrator under article 10.00. The arbitrator shall be
required to treat the matter as an interest arbitration and
to determine an appropriate rights acquisition fee.
DR19.07 Single Use Limitation
The Producer shall not be entitled to any use beyond the
single use selected under article DR17.01 unless and until
the required rights acquisition fee is provided.
DR19.08 Computation of Rights Acquisition Fee(s)
Fees paid for extra shooting Days and extra prep Days are
to be included in computing the required rights
acquisition fee.
DR19.09 Mandatory Rights Acquisition Fee
For Direct to Video Motion Pictures the Producer must
provide the rights acquisition fee under article DR19.03
(b)(ii) prior to the completion of principal photography.
DR17.01 does not apply, but article DR19.03 (b) does
apply to Direct to Video, at Tiers C and D.
DR19.10 Excerpt Buyout
If an excerpt of a Motion Picture is to be used at any time
in the making of another Motion Picture, then the
Director of the Motion Picture from which the excerpt
was taken shall be entitled to additional payment by the
Producer of the Motion Picture in which the excerpt is to
be used at not less than the applicable minimum rates set
forth below.
(a) For use of such an excerpt from a Theatrical Motion
Picture in a Theatrical Motion Picture or a Television
Motion Picture in a Theatrical Motion Picture the
following payments will be made:
(i) Excerpt less than thirty (30) seconds, three
hundred and seventy-three dollars and ten
cents ($373.10);
(ii) Excerpt over thirty (30) seconds but not more
than two (2) minutes, seven hundred and fifty-
one dollars and sixty cents ($751.60);
(iii) Excerpt over two (2) minutes, seven hundred
and fifty-one dollars and sixty-five cents
($751.65) for the first two (2) minutes and
three hundred and two dollars and eighty
cents ($302.80) for each additional minute or
portion thereof.
(b) For use of such an excerpt from a Television Motion
Picture in another television Motion Picture the
following payments will be made:
(i) Ten (10) seconds of excerpts from such Motion
Picture, three hundred and two dollars and
eighty-five cents ($302.80);
(ii) Over ten (10) seconds but not more than two
(2) minutes of excerpts from such Motion
Picture, eight hundred and ninety-seven
dollars and sixty-five cents ($897.65);
(iii) Over two (2) minutes of excerpts from such
Motion Picture, eight hundred and ninety-
seven dollars and sixty-five cents ($897.65) for
the first two (2) minutes and one hundred and
forty-six dollars and zero cents ($146.00) for
each additional minute or portion thereof.
(c) For use of such an excerpt from a Theatrical Motion
Picture in a Television Motion Picture the following
payments will be made:
(i) Thirty (30) seconds or less of excerpts, two
hundred and five dollars and fifty cents
($205.50);
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(ii) Over thirty (30) seconds but not more than
two (2) minutes of excerpts, five hundred and
eighty-four dollars and zero cents ($584.00);
(iii) Over two (2) minutes of excerpts, five
hundred and eighty-four dollars and zero
cents ($584.00) for the first two (2) minutes
and one hundred and six dollars and forty-five
cents ($106.45) for each additional minute or
portion thereof.
(d) Flashbacks and scenes replayed at the start of an
Episodic Television Motion Picture will be allowed
without any additional compensation as long as
the scenes used are less than a total of three (3)
minutes in length, or if the scenes were shot by
the Director of the Episode in which they appear
regardless of the total length of those scenes.
Where the length of the scenes is equal to or
greater than a total of three (3) minutes, the
Director shall be compensated at the extra Day
rate, in addition to any other rate to which the
Director is entitled.
DR19.11 If two (2) or more Directors are entitled to share any
payment provided in article DR18.10, the District Council
shall determine the allocation among the Directors.
DR19.12 The above provisions shall not be applicable for the use
of an excerpt(s) when used for promotional, trailer, news
or review purposes or as a so-called "stock shot" (i.e.,
shots excluding dialogue or identifiable characters).
DR19.13 The Director of any Motion Picture which incorporates
any excerpt(s) of any other Motion Picture shall not have
his remuneration reduced as a result. Accordingly, the
applicable minimum rates prescribed by this Agreement,
or as otherwise increased by individual negotiation
between a Director and a Producer, shall apply in full,
notwithstanding any use of any excerpt of any other
Motion Picture in that Motion Picture.
DR20.00 MINIMUM RATES FOR SECOND UNIT DIRECTORS
The rates below apply from June 14, 2013 to the expiration of this Agreement.
DR20.01 For Theatrical Motion Pictures, the minimum rates for Second Unit Directors shall be:
Tier Level Type of Engagement 2013 - 2015
A Weekly $10,260.00
Daily $ 2,565.00
B Weekly $ 9,250.00
Daily $ 2,312.50
C Weekly $ 8,135.00
Daily $ 2,033.75
D Weekly $ 6,895.00
Daily $ 1,723.75
E Weekly $ 5,570.00
Daily $ 1,392.50
F Weekly $ 4,140.00
Daily $ 1,035.00
The provisions of DR 19.00 do not apply to Second unit directors
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DR20.02 For all Television Motion Pictures, the minimum rates for Second Unit Directors shall be:
Tier Level Type of Engagement 2013 - 2015
A Weekly $7,155.00
Daily $1,788.75
B Weekly $6,445.00
Daily $1,611.25
C Weekly $5,650.00
Daily $1,412.50
D Weekly $4,800.00
Daily $1,200.00
E Weekly $3,885.00
Daily $ 971.25
F Weekly $2,890.00
Daily $ 722.50
The provisions of DR 19.00 do not apply to Second unit directors
DR21.00 MINIMUM RATES FOR OTHER MOTION PICTURES
DR21.01 The minimum rates for Directors and Second Unit
Directors for all Motion Pictures which are not otherwise
expressly provided by this Schedule shall be established
by negotiation between the Producer and District
Council, prior to the engagement by the Producer of any
Guild Member.
DR22.00 TERMINATION
DR22.01 Force Majeure/Postponement/Termination
The Director of the Motion Picture shall not have the
start of his Contract for Services postponed, the term of
his Contract for Services interrupted, or his Contract for
Services terminated under the force majeure provisions
of this Agreement unless the entire cast and the Director
of Photography of the Motion Picture are also subject to
the same postponement, interruption, or termination as
the case may be. Where during any postponement or
interruption of the Director's Contract for Services the
principal performers or the Director of Photography
receive all or part of their salary then the Producer shall
pay to the Director as compensation for such
postponement or interruption an amount in the same pro
rata amount as the Producer pays the principal
performers or the Director of Photography during the
said postponement or interruption of the Director's
Contract for Services. If there is a difference in the
proportionate amount paid to the principal performer(s)
and the Director of Photography then the higher
proportionate amount shall be paid to the Director.
DR22.02 Cancellation of the Motion Picture
When a Theatrical Motion Picture, a Television Motion
Picture or a New Media Production longer than ninety
(90) minutes is cancelled and the Contract for Services of
the Director is terminated under the force majeure
provisions of this Agreement, then if the Motion Picture
Production is re-commenced within twelve (12) months of
the termination of the Director's Contract for Services, the
Director shall be reinstated as Director of the Motion
Picture and his Contract for Services shall be deemed to
be in full force and effect for the entire Production period
of the re-commenced Motion Picture. The Producer shall
give to the Director ten (10) working days notice of its
intention to re-commence the Motion Picture. Within two
(2) days of the date of the receipt of such written notice
the Director shall advise the Producer in writing if he is
available for work. If the Director advises the Producer
that he is not available for work, the Director's Contract
for Services shall remain terminated and the Producer
may engage another Director subject to the other terms,
conditions, and provisions of this Agreement. Where the
Director advises that he is available, then he shall be
entitled to begin work at once and again receive his
compensation under his Contract for Services.
DR22.03 Replacement
A Director who is terminated in accordance with the "pay
or play" or just and reasonable cause provisions of this
Agreement may be replaced. A Director shall not be
replaced by a person who has never prior to that time
directed a Theatrical Motion Picture or alternatively has
never directed more than ninety (90) minutes of television
programming, regardless of where produced. At least one
(1) working Day prior to the engagement of the
replacement Director, the Producer shall give to the
District Council in writing particulars to substantiate that
the replacement Director qualifies as a replacement
Director within the meaning of this article DR21.03.
DR22.04 Emergency Replacement
Notwithstanding the preceding article DR21.03, the
Producer may in a bona fide emergency engage a
replacement Director for a period of five (5) Days on a one
(1) time basis who does not meet the qualifications
required by article DR21.03 to act as a replacement
Director during the said five (5) Days pending the arrival of
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the replacement Director who does qualify under article
DR21.03. If such an emergency arises on a television
Series, the five (5) Day period may be extended to allow
the completion of principal photography of the Episode.
DR22.05 Guaranteed Period for Replacement Director
Where a Director is replaced, the replacement Director
shall only be guaranteed the greater of the number of
guaranteed Days remaining or the number of Days
actually remaining on the shooting schedule at the time
such replacement Director begins the assignment.
DR22.06 Screenplay Development
If a Director at the request of the Producer, participates
in the development of a screenplay (as a Director in a
non-writing function) at the development stage of a
Motion Picture, with the option to direct and if such
option is not exercised or if the Director is replaced or the
Motion Picture is abandoned, the Director shall receive a
minimum of ten thousand dollars ($10,000) at the time a
Motion Picture, based on such screenplay is produced,
inclusive of any option, writing and other fees paid to the
Director.
DR23.00 GENERAL
DR23.01 If there is conflict between this Schedule and any other
provisions of the Standard Agreement, the provisions of
this “ hedule shall p e ail e ept he e Di e to s Contract for Services provides more favourable
conditions). This Agreement shall remain in full force and
effe t as it elates to the P odu e s fi a ial a d othe obligations to Directors under this Schedule including,
without limitation, rights acquisition fees for additional
use and Series bonuses.
DR24.00 ISAN
DR24.01 (a) The parties hereto acknowledge that specification s
for an international standard audiovisual number,
ISAN or V-ISAN, are currently under development
and nearing completion, under the auspices of the
International Standards Organization (the "ISAN
standard"). It is contemplated that regional agencies
for the registration and granting of ISAN/V-ISAN for
Motion Pictures will soon be established in Canada
or North America. At such time as a regional ISAN
agency serving Canada is established, each Producer
of a Motion Picture produced under the terms of this
Agreement shall be required to apply for an ISAN/V-
ISAN for each such Motion Picture.
(b) The Producer shall apply for an ISAN/V-ISAN at the
earliest practical opportunity in the production of
the Motion Picture so that the ISAN/V-ISAN may be
i luded as ke i fo atio o ea h Guild Me e s Contract for Services and other documentation. The
Producer shall advise the District Council upon
request, and in any event no later than the end of
post-production, of the ISAN/V-ISAN for the Motion
Picture.
(c) In registering the Motion Picture for an ISAN/V-ISAN,
the Producer will be required to provide the ISAN
regional agency with certain descriptive data
concerning the Motion Picture, pursuant to the
ISAN/V-ISAN standard. The Producer shall include
the full name(s) of the principal director(s) in the
descriptive data in each registration of an
audiovisual work, including the registration of an
episode within a serial audiovisual work, in
additional to all mandatory descriptive data required
under the ISAN/V-ISAN standard.
(d) The Producer will adhere to such other reasonable
requirements as may be developed from time to
time by the applicable ISAN agency to establish and
implement an international registration and tracking
system for audiovisual works in the film and
television industry.
DR25.00 RESERVATION OF RIGHTS
DR25.01 (a) Nothing in this Agreement or any Contract for
Services to which this Agreement applies shall
diminish any otherwise existing rights of the Director
to collect any of the so- alled "autho s sha e" of secondary use payments in connection with any
Motion Picture.
(b) Nothing in this Agreement or any Contract for
Services to which this Agreement applies shall
diminish any otherwise existing right of the Producer
to collect any of the so- alled "P odu e s sha e" of secondary use payments in connection with any
Motion Pictures.
(c) In this article, "secondary use payments" means the
net amounts collected and then distributed by
collective societies (e.g. SACD, AGICOA) in respect of:
(i) the retransmission outside of Canada
(ii) the performance, communication to the public
(including broadcasting worldwide), private
copying, rental, lending or any other use giving
rise to equitable remuneration provided for,
now or hereafter, by statute anywhere in the
world, but excluding retransmission in North
America of Motion Pictures
(d) The Gross Remuneration payable to the Director
under this Agreement or any Contract for Services
shall not be reduced by, but shall rather be in
addition to, any amounts received by the Director on
account of any secondary use payments
D I R E C T O R S – S C H E D U L E 1
2013 – 2015 DGC/CMPA Standard Agreement DIRECTORS 04/09/2013 Page 26
The forgoing is effective from June 14, 2013 to the expiration of this Agreement
Canadian Media
Production Association
Directors Guild of Canada
per__________________________ per__________________________
Chief Negotiator and
Chief Legal Officer
President
Directors Guild of Canada
Alberta District Council
Directors Guild of Canada
Atlantic Regional Council
per__________________________ per__________________________
Chair Chair
Directors Guild of Canada
Manitoba District Council
Directors Guild of Canada - Ontario
per__________________________ per__________________________
Chair Chair
Directors Guild of Canada
Saskatchewan District Council
per__________________________
Chair
D I R E C T O R S – S C H E D U L E 1
L E T T E R S O F U N D E R S T A N D I N G
2013 – 2015 DGC/CMPA Standard Agreement DIRECTORS 04/09/2013 Page 27
NO. 1 Article 25 - Reservation of Rights
With respect to article DR25.00, Reservation of Rights, the parties, agree as follows:
1. All net amounts collected and then distributed by collective societies in respect of the retransmission in North America of Motion
Pictures are deemed receivable by the Producer, the head distributor and/or sub-distributors until such time as a decision of a
court or tribunal of competent jurisdiction to the contrary is rendered.
2. Nothing in the Standard Agreement or this letter of understanding shall preclude the Guild or the CMPA from commencing or
participating in proceedings before any court or tribunal and/or lobbying for secondary use payments.
Canadian Media
Production Association
Directors Guild of Canada
per__________________________ per__________________________
Chief Negotiator and
Chief Legal Officer
President
Directors Guild of Canada
Alberta District Council
Directors Guild of Canada
Atlantic Regional Council
per__________________________ per__________________________
Chair Chair
Directors Guild of Canada
Manitoba District Council
Directors Guild of Canada - Ontario
per__________________________ per__________________________
Chair Chair
Directors Guild of Canada
Saskatchewan District Council
per__________________________
Chair
D I R E C T O R S – S C H E D U L E 1
L E T T E R S O F U N D E R S T A N D I N G
2013 – 2015 DGC/CMPA Standard Agreement DIRECTORS 04/09/2013 Page 28
NO. 2 Letter of Understanding Regarding Rights Acquisition Fees for New Media Productions
The parties recognize that the business models relating to the use of Productions on New Media Platforms are evolving. As such, the
parties acknowledge that the rights acquisition fees set forth in the Directors Schedule applicable to the use of Productions on New
Media Platforms have been agreed to without prejudice to any position either party has taken or may take regarding the valuation of
New Media Rights Acquisition Fees
Canadian Media
Production Association
Directors Guild of Canada
per__________________________ per__________________________
Chief Negotiator and
Chief Legal Officer
President
Directors Guild of Canada
Alberta District Council
Directors Guild of Canada
Atlantic Regional Council
per__________________________ per__________________________
Chair Chair
Directors Guild of Canada
Manitoba District Council
Directors Guild of Canada - Ontario
per__________________________ per__________________________
Chair Chair
Directors Guild of Canada
Saskatchewan District Council
per__________________________
Chair
D I R E C T O R S – S C H E D U L E 1
L E T T E R S O F U N D E R S T A N D I N G
2013 – 2015 DGC/CMPA Standard Agreement DIRECTORS 04/09/2013 Page 29
NO. 3 NEW MEDIA PRODUCTIONS – SUNSET CLAUSE
The parties recognize that the business models and/or methods of production and distribution for New Media Productions are evolving,
and so have agreed that certain articles (the "Articles") shall sunset as outlined below. The relevant Articles are as follows:
1. DR 18.05 Derivatives
2. DR 18.02 New Media Productions (excluding Derivative Production);
3. DR 19.03 (b) (ii) i espe t of the last se te e o l : For clarity, free strea i g o the road aster s ’ e site for the duratio of the road aster’s tele isio li ense term(s) is i luded i the pay e t of this 75%.”
4. DR 19.05 New Media Productions excluding Derivative Production;
The following shall apply in respect of the negotiation of the Articles listed above:
1. The Articles will sunset on June 30, 2016, unless the parties agree otherwise. Nevertheless, a Production (which includes a
Series) that opens a production office between December 31, 2015 and June 30, 2016 shall continue to rely on the Articles as
if they remain in full force and effect for the duration of the Production.
2. The parties will in good faith commence negotiations in respect of the Articles before July 1, 2015.
3. In the event that the Articles sunset, the parties, along with any affected Producer and Guild Member(s), shall enter into a
negotiation regarding the terms and conditions under which the items covered by the Articles can be contracted.
Canadian Media
Production Association
Directors Guild of Canada
per__________________________ per__________________________
Chief Negotiator and
Chief Legal Officer
President
Directors Guild of Canada
Alberta District Council
Directors Guild of Canada
Atlantic Regional Council
per__________________________ per__________________________
Chair Chair
Directors Guild of Canada
Manitoba District Council
Directors Guild of Canada - Ontario
per__________________________ per__________________________
Chair Chair
Directors Guild of Canada
Saskatchewan District Council
per__________________________
Chair
D I R E C T O R S – S C H E D U L E 1
C o n t r a c t f o r S e r v i c e s
2013 – 2015 DGC/CMPA Standard Agreement DIRECTORS 04/09/2013 Page 30
Name: HST#: ISAN#
Loan-out Name: Corp. # CEIRP#
Address:
Current Title of Motion Picture: Type of Motion Picture:
Episode Number (if applicable): Length of Episode: Engaged in Province(s):
Start Date Finish Date Guaranteed Period (specify weeks or days)
TIERS Tier A Tier B Tier C Tier D Tier E Tier F Main Unit 2nd
Unit RATE: $ SPECIFY DOLLAR AMOUNT Per WEEK Per EPISODE Per DAY
Derivative Production Per Minute of Projected Length: # of MINUTES
RIGHTS ACQUISITION FEE (RAF): $ TOTAL RATE (Add Rate Plus RAF): $ Additional Terms for Extra Work Outside Guaranteed Periods or Extra Days:
(a) Length of Engagement: (b) Rate Daily: Weekly:
(c) Other Terms (i.e. Credit, Vehicle, etc):
Declared Use of Television Motion Picture (check one, if applicable): Free Television Pay Television Cable Television Rights Acquisition Fees for Theatrical Motion Pictures, Television Motion Picture and Direct to Video, Strip and Serial and New Media Productions
(A) THEATRICAL MOTION PICTURES - MANDATORY RIGHTS ACQUISITION FEES for TIERS A -D In Perpetuity (90%)
Tier E 1% of the total Budget for all use now or hereafter known in perpetuity Tier F .75% of the total Budget for all use now or hereafter known in perpetuity
(B) TELEVISION MOTION PICTURES AND DIRECT TO VIDEO (Excluding Strip Programs)
Tiers A - B Mandatory: In Perpetuity (110%) All TV Use, All Media & Compact Devices Worldwide Tiers C - D Regular Option: 110% for all use now or hereafter known for the production in perpetuity.
Alternate Option: 75% All Television use in perpetuity including free streaming use o the oad aste s e site fo the du atio of li e se terms, but excluding use on Compact Device and any New Media Platform.
In addition 30% All Compact Device use in perpetuity
And/or 5% All New Media Platform use in perpetuity Tiers E 1% of the total Budget for all use now or hereafter known in perpetuity Tier F .75% of the total Budget for all use now or hereafter known in perpetuity
(C) STRIP and SERIAL PROGRAMS In Perpetuity (50%) for all use now or hereafter known for the production in perpetuity
(D) NEW MEDIA PRODUCTIONS (Excluding Derivative Productions) Minimum Number of Days (Prep &Shoot) days
Tiers A - D 75% All Television use in Perpetuity i ludi g f ee st ea i g use o the oad aste s e site fo the du atio of the oad aste s tele isio li e se te s, but excluding use on Compact Device and any New Media Platform.
And/or 30% All Compact Device use in perpetuity.
5% All New Media Platform use in perpetuity Tiers E 1% of the total Budget for all use now or hereafter known in perpetuity Tier F .75% of the total Budget for all use now or hereafter known in perpetuity
The individual having final cutting authority over the motion picture is: Tentative Post Production Locale
The Producer a d the Director ust e ecute the Director’s Co tract for Ser ices ot later tha the first da of pri cipal photography, or seven days after the commencement
of the Director’s e gage e t, hiche er co es first. (CORE 12.17)
The undersigned hereby authorizes the Producer to check off or deduct in accordance with the 2013-2015 DGC/CMPA Standard Agreement two percent (2%) of Gross Remuneration weekly
and permit fees and remit same to the Guild. All of the provisions of this Contract for Services are subject to and must provide no less than the terms and conditions of the 2013-2015
DGC/CMPA Standard Agreement and all of the provisions of said 2013-2015 DGC/CMPA Standard Agreement and any individual contract between the Director and the Producer shall be
deemed to be incorporated into this Contract for Services as if set forth in full herein in writing.
ACCEPTED AND AGREED
Signature of Guild Member OR Loa out’s Authorized Rep Print Name of Producer (Company)
Print Name of Guild Member OR Loa out’s Authorized Rep Sig ature of Produ er’s Co pa y’s authorized rep
Date Pri t Na e of Produ er’s Co pa y’s Authorized Rep*
Date
*P odu e s Autho ized ‘ep i ludes E e uti e P odu er, Producer, Supervising Producer, Associate Producer or Line Producer or a person performing any of those functions, but
EXCLUDES A GUILD MEMBER WHO IS SUBJECT TO THE STANDARD AGREEMENT (CORE Article 12.09).
I N D E X
2013 – 2015 DGC/CMPA Standard Agreement DIRECTORS 04/09/2013 Page 31
Additional Use Fees Committee ....................................................................................... 63
Budget Tiers ..................................................................................................................... 46
Conflicts between Directors Schedule & other provisions ................................................ 58
Copy Of Motion Picture
Availability of Copies ............................................................................................... 45
If Producer goes out of business ............................................................................. 45
Dailies/Rushes.................................................................................................................. 41
DGC - CMPA Directors' Additional Use Fees Committee ................................................... 63
DGC - CMPA Directors' Issues Committee ........................................................................ 62
Director's Credit
Form Of Director's Credit ........................................................................................ 43
Other Media ........................................................................................................... 44
Paid Advertising Credit............................................................................................ 44
Paid Advertising Credit, Exceptions ......................................................................... 44
Publicity .................................................................................................................. 44
Restriction On Use Of Word .................................................................................... 43
Screen Credit .......................................................................................................... 43
Director's Cut
Definition and Guidelines ........................................................................................ 41
Delivery Date For Television Motion Picture ........................................................... 42
Editing Theatrical Motion Pictures .......................................................................... 43
Limited Viewing ...................................................................................................... 42
Minimum Time Allowance ...................................................................................... 41
No Interference With Director's Cut ........................................................................ 41
Preparation Of Director's Cut .................................................................................. 42
Producer's Cost ....................................................................................................... 43
Release Date For Theatrical Motion Picture ............................................................ 42
Right Of Consultation .............................................................................................. 43
Right To Be Present And To Consult ........................................................................ 42
Right To Director's Cut ............................................................................................ 41
Screening ................................................................................................................ 42
Technological Change ............................................................................................. 42
Director's Minimum Rates ................................................................................................ 45
Payments ................................................................................................................ 45
Director's Pre-Contract Requirements
Budget Disclosure & Consultation ........................................................................... 40
Change ................................................................................................................... 40
Disclosure by Producer ........................................................................................... 40
Representation of Budget and Shooting Schedule .................................................. 40
Dubbing ........................................................................................................................... 43
Extra Work
Consultation With Other Director ........................................................................... 39
Informing the Director of Extra Work ...................................................................... 39
Other Provisions ..................................................................................................... 40
Preparation Time .................................................................................................... 39
Remuneration ......................................................................................................... 39
ISAN ................................................................................................................................. 58
Issues Committee ............................................................................................................. 62
Letters Of Understanding
No. 1 - Article 24 - Reservation of Rights ................................................................. 61
No. 2 - DGC - CMPA Directors' Issues Committee .................................................... 62
No. 3 - DGC - CMPA Directors' Additional Use Fees Committee............................... 63
Looping And Dubbing
Dubbing .................................................................................................................. 43
Looping ................................................................................................................... 43
Minimum Rates For Other Motion Pictures ...................................................................... 57
Minimum Rates For Second Unit Directors
Television Motion Pictures ...................................................................................... 57
Theatrical Motion Pictures ...................................................................................... 57
Minimum Rates For Television Motion Pictures ............................................................... 47
Additional Use ........................................................................................................ 53
Computation Of Rate .............................................................................................. 52
Declared Exhibition of Television Motion Pictures .................................................. 47
Double-length Episodes .......................................................................................... 52
Double-length Episodes .......................................................................................... 51
Extra Days ............................................................................................................... 52
Guaranteed Days (Shooting/Prep) Time .................................................................. 53
Lead-In Payment ..................................................................................................... 53
Other Productions ....................................................................................... 49, 50, 51
Serial Programs ....................................................................................................... 51
Series Bonus ........................................................................................................... 53
Series With Or Without A Pilot ................................................................................ 53
Television Motion Pictures in excess of 2 hours ....................................................... 52
Television Series ...................................................................................................... 47
Minimum Rates For Theatrical Motion Pictures
Additional Use ......................................................................................................... 47
Daily Rate ................................................................................................................ 47
Minimum rates ........................................................................................................ 47
Series Bonus ...................................................................................................... 47, 53
One Director
Exceptions ............................................................................................................... 39
Foreign Countries .................................................................................................... 39
One director at any given time ................................................................................ 39
Unique Function And Participation .......................................................................... 39
Participation
Artistic And Creative Direction ................................................................................ 40
Casting Sessions ...................................................................................................... 40
Producer's Final Decision ......................................................................................... 40
Selection Of First Assistant Director......................................................................... 40
Previews
Guarantee of screening ........................................................................................... 45
Notice of preview .................................................................................................... 45
Private Office And Parking
Definition of office .................................................................................................. 41
Parking .................................................................................................................... 41
Private office ........................................................................................................... 41
Reservation of Rights ........................................................................................................ 59
Letter of Understanding .......................................................................................... 61
Rights Acquisition Fees For Additional Use ....................................................................... 53
Acquisition of Additional Use After Production ........................................................ 55
Additional Use ......................................................................................................... 54
Computation Rights Acquisition Fee(S) .................................................................... 55
Director's Contract For Services And Media Uses .................................................... 55
Exceptions ............................................................................................................... 56
Excerpt Buyout ........................................................................................................ 56
Impact on Remuneration ......................................................................................... 56
Mandatory Rights Acquisition Fee ........................................................................... 56
Single Use Limitation ............................................................................................... 55
Strip Programs ......................................................................................................... 54
Technological Change/Other Uses ........................................................................... 55
Television Motion Pictures ...................................................................................... 54
Theatrical Motion Pictures ...................................................................................... 54
Theatrical Release Payment..................................................................................... 56
Two or more Directors ............................................................................................ 56
Script
Delivery Of Script..................................................................................................... 40
Script Changes ......................................................................................................... 41
Second Unit Photography
Applicable Provisions ............................................................................................... 39
Consultation with Director ...................................................................................... 39
Minimum Prep Time ................................................................................................ 39
Weekly or Daily Basis............................................................................................... 39
Termination
Cancellation of the Motion Picture .......................................................................... 58
Emergency Replacement ......................................................................................... 58
Force Majeure/Postponement/Termination ............................................................ 57
Guaranteed Period for Replacement Director ......................................................... 58
Replacement ........................................................................................................... 58
Screenplay Development ......................................................................................... 58
Tiers ................................................................................................................................. 46
Mini-Series (Per Each 2 Hours Of Broadcast Time) ................................................... 46
Other Productions – Per Minute Of Finished Material ............................................. 46
Serial And Strip Programs – ½ Hour ......................................................................... 46
Serial And Strip Programs – 1 Hour .......................................................................... 46
Television Motion Pictures (Includes ....................................................................... 46
Television Series - ½ Hour Episode* (Includes Pilots, Anthologies, Episodic Television
Series, Serials, Variety Series)............................................................................ 46
Television Series – 1 Hour Episode (Includes ........................................................... 46
Television Specials – ½ Hour .................................................................................... 46
Television Specials – 1 Hour .................................................................................... 46
V-ISAN .............................................................................................................................. 58