40:1 Bill 127, Fairness in Film and Media Production Act, 2012

Tabuns, Peter

Viewing: Original (current version) pdf

Bill 127                                                       2012

An Act to regulate labour relations in the industries of film, television, radio and new media

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

CONTENTS

PART I
GENERAL

1.

Purpose

2.

Interpretation

3.

No affect on taxation

PART II
APPLICATION OF THE LABOUR RELATIONS ACT, 1995

4.

Labour Relations Act, 1995

5.

Powers, etc., Ontario Labour Relations Board

6.

Finality

7.

Labour relations officers

8.

Representation on Ontario Labour Relations Board

PART III
AGREEMENTS

9.

Terms of scale agreement included

10.

Dispute resolution

11.

Transition, current agreements

PART IV
DESIGNATED BARGAINING AGENTS — MEDIA INDUSTRY WORKERS

12.

Designated bargaining agents — media industry workers

13.

Application to Minister

14.

Designation

15.

Effect of designation

16.

Application for revocation

17.

Revocation

PART V
DESIGNATED BARGAINING AGENTS — PRODUCERS

18.

Application to Minister

19.

Designation

20.

Effect of designation

21.

Application for revocation

22.

Revocation

PART VI
REGULATIONS

23.

Regulations

PART VII
COMMENCEMENT AND SHORT TITLE

24.

Commencement

25.

Short title

______________

Part I
General

Purpose

   1.  The purpose of this Act is to regulate scale agreements between bargaining agents for media industry workers and bargaining agents for producers in the film, television, radio and new media industries.

Interpretation

   2.  In this Act,

“media industry” means the film, television, radio or new media industry; (“industrie des médias”)

“media industry worker” means an individual,

  (a)  who receives remuneration for working in a media industry,

  (b)  who receives remuneration for providing a product or service for use in a production,

   (c)  who is a member of a prescribed class of individuals, or

  (d)  who is defined as a media industry worker under a scale agreement; (“travailleur de l’industrie des médias”)

“Minister” means the Minister of Labour; (“ministre”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“producer” means a person who develops or produces a production and who engages media industry workers in connection with the production; (“producteur”)

“production” means a work of artistic or commercial value developed or produced for a media industry; (“production”)

“scale agreement” means an agreement in writing between a designated bargaining agent for members of a media industry workers’ association and a designated bargaining agent for members of a producers’ association respecting minimum terms and conditions for work done by media industry workers. (“accord-cadre”)

No affect on taxation

   3.  Nothing in this Act affects the rights or obligations of a media industry worker or a producer under Ontario or federal tax legislation.

Part II
Application of the Labour Relations Act, 1995

Labour Relations Act, 1995

   4.  (1)  The provisions of the Labour Relations Act, 1995 and of the regulations made under it that are prescribed under clause 23 (b) apply to labour relations in the media industry, with such adaptations, modifications and limitations as may be prescribed under clause 23 (b).

Same

   (2)  For the purposes of the application of provisions that are prescribed under clause 23 (b), as adapted, modified or limited by regulation under clause 23 (b),

  (a) a media industry worker is an employee within the meaning of the Labour Relations Act, 1995;

  (b)  a designated bargaining agent for members of a media industry workers’ association is a trade union within the meaning of the Labour Relations Act, 1995;

   (c)  a producer is an employer within the meaning of the Labour Relations Act, 1995;

  (d)  a scale agreement is a collective agreement within the meaning of the Labour Relations Act, 1995.

Powers, etc., Ontario Labour Relations Board

   5.  When the Ontario Labour Relations Board exercises its jurisdiction under this Act, it has all of the powers, duties and functions that it would have if it was exercising its jurisdiction under the Labour Relations Act, 1995.

Finality

   6.  A decision, determination or order made by the Ontario Labour Relations Board is final and binding for all purposes.

Labour relations officers

   7.  The Ontario Labour Relations Board may authorize a labour relations officer to inquire into any matter that comes before it under this Act and to endeavour to settle any such matter.

Representation on Ontario Labour Relations Board

   8.  The Lieutenant Governor in Council may, when appointing members to the Ontario Labour Relations Board, have regard to the fact that the Board must fulfil its functions under this Act with respect to the media industry.

Part III
Agreements

Terms of scale agreement included

   9.  (1)  A contract under which a producer engages a media industry worker includes the terms and conditions of the applicable scale agreement, if any.

Applicable agreement

   (2)  A scale agreement is applicable to a contract between a media industry worker and a producer if the media industry worker is a member of a media industry workers’ association represented by a designated bargaining agent that is a party to the scale agreement and the producer,

  (a)  is a member of a producers’ association represented by a designated bargaining agent that is a party to the scale agreement; or

  (b)  agrees in writing to adhere to the scale agreement.

Contract may include terms above minimum

   (3)  A contract referred to in subsection (1) may include terms that exceed the minimum terms in the scale agreement.

Dispute resolution

   10.  (1)  In this section,

“dispute” includes all differences between parties to a scale agreement arising from the interpretation, application, administration or alleged violation of a scale agreement.  

Same, scale agreement

   (2)  A dispute between parties to a scale agreement shall be resolved in accordance with the dispute resolution provisions set out in the scale agreement.

Same, application to Ontario Labour Relations Board

   (3)  If, in the opinion of a party to a scale agreement, the dispute resolution provisions set out in the scale agreement are not sufficient to resolve a dispute, the party may apply to the Ontario Labour Relations Board in the prescribed form to resolve the dispute.

Same, Ontario Labour Relations Board order

   (4)  If the Ontario Labour Relations Board is satisfied it is the appropriate body to resolve the dispute, the Ontario Labour Relations Board may consider the dispute, by hearing or otherwise, and may make an order resolving the dispute.

Transition, current agreements

   11.  An agreement in writing respecting minimum terms and conditions for work done by media industry workers that is in force when this section comes into force continues to operate for the duration of its term or such other term as may be prescribed.

Part IV
Designated Bargaining Agents — Media Industry Workers

Designated bargaining agents — media industry workers

   12.  The following media industry workers’ associations are designated bargaining agents for the members of the association who are media industry workers, unless the designation is revoked under section 17:

    1.  Alliance of Canadian Cinema, Television and Radio Artists.

    2.  Canadian Federation of Musicians.

    3.  CEP Local 700M.

    4.  Directors Guild of Canada - Ontario.

Application to Minister

   13.  (1)  A media industry workers’ association may, if authorized by a majority of its members who are media industry workers, apply to the Minister, in the prescribed form, to become the designated bargaining agent for the members of the association who are media industry workers.

Provincial chapter may authorize national association

   (2)  A provincial chapter of a media industry workers’ association may, if authorized by a majority of its members who are media industry workers, authorize the national media industry workers’ association to make an application to the Minister to become a designated bargaining agent for the members of the provincial chapter of the association who are media industry workers.

Public notice

   (3)  The Minister shall promptly give public notice, in the manner the Minister considers appropriate, of an application to become a designated bargaining agent for the members of a media industry workers’ association who are media industry workers.

Other notice

   (4)  The Minister shall promptly give any other notice the Minister considers appropriate respecting an application under this section.

Designation

   14.  (1)  Where a media industry workers’ association has applied in accordance with section 13 to become a designated bargaining agent and the Minister is satisfied the media industry workers’ association has complied with the prescribed processes and meets the prescribed criteria for designation, the Minister shall, by order, designate the media industry workers’ association as the designated bargaining agent for the members of the association who are media industry workers.

Notice of designation

   (2)  The Minister shall promptly give notice to the media industry workers’ association of its designation under subsection (1).

Public notice

   (3)  The Minister shall promptly give public notice, in the manner the Minister considers appropriate, of the designation under subsection (1).

Other notice

   (4)  The Minister shall promptly give any other notice the Minister considers appropriate respecting the designation under subsection (1).

Period of designation

   (5)  A media industry workers’ association is a designated bargaining agent for members of a media industry workers’ association who are media industry workers beginning on the date of notice to the applicant unless and until the designation is revoked by the Minister under section 17.

Effect of designation

   15.  A designated bargaining agent for members of a media industry workers’ association who are media industry workers has authority to bargain and to enter into scale agreements, on behalf of those members, with designated bargaining agents for members of producers’ associations.

Application for revocation

   16.  (1)  A media industry worker represented by a designated bargaining agent may apply to the Minister for an order revoking the designation of a media industry workers’ association as a designated bargaining agent for members of the association who are media industry workers.

Notice to designated bargaining agent

   (2)  The Minister shall promptly give notice to the designated bargaining agent named in the application for revocation under subsection (1).

Public notice

   (3)  The Minister shall promptly give public notice, in the manner the Minister considers appropriate, of an application for revocation under subsection (1).

Other notice

   (4)  The Minister shall promptly give any other notice the Minister considers appropriate respecting the application for revocation under subsection (1).

Revocation

   17.  (1)  Where a media industry worker has applied for the revocation of a designation under section 16 and the Minister is satisfied that the prescribed processes have been followed, the prescribed criteria have been met and that the designation should be revoked, the Minister shall, by order, revoke the media industry workers’ association’s designation.

Notice of revocation

   (2)  The Minister shall promptly give notice of a revocation under subsection (1) to the applicant and to the designated bargaining agent for members of a media industry workers’ association.

Public notice

   (3)  The Minister shall promptly give public notice, in the manner the Minister considers appropriate, of a revocation under subsection (1).

Other notice

   (4)  The Minister shall promptly give any other notice the Minister considers appropriate respecting a revocation under subsection (1).

Date of revocation

   (5)  The revocation is effective from the date of the Minister’s notice to the media industry workers’ association, unless the Minister specifies a later date for the purposes of subsection (6).

Effect of revocation

   (6)  If a scale agreement is in place between a designated bargaining agent for members of a media industry workers’ association and a designated bargaining agent for members of a producers’ association, the scale agreement ceases to have effect from the date of revocation or from such later date as the Minister may specify in the order.

Part V
Designated Bargaining Agents  — Producers

Application to Minister

   18.  (1)  A producers’ association may, if authorized by a majority of its members, apply to the Minister, in the prescribed form, to become the designated bargaining agent for members of the association who are producers.

Provincial chapter may authorize national association

   (2)  A provincial chapter of a producers’ association may, if authorized by a majority of its members, authorize the national producers’ association to make an application to the Minister to become a designated bargaining agent for members of the provincial chapter of a producers’ association.

Public notice

   (3)  The Minister shall promptly give public notice, in the manner the Minister considers appropriate, of any application to become a designated bargaining agent for the members of a producers’ association. 

Other notice

   (4)  The Minister shall promptly give any other notice the Minister considers appropriate respecting an application under this section.

Designation

   19.  (1)  Where a producers’ association has applied in accordance with section 18 to become a designated bargaining agent and the Minister is satisfied the producers’ association has complied with the prescribed processes and meets the prescribed criteria for designation, the Minister shall, by order, designate the producers’ association as the designated bargaining agent for members of the association who are producers.

Notice of designation

   (2)  The Minister shall promptly give notice to the producers’ association of its designation under subsection (1).

Public notice

   (3)  The Minister shall promptly give public notice, in the manner the Minister considers appropriate, of the designation under subsection (1).

Other notice

   (4)  The Minister shall promptly give any other notice the Minister considers appropriate respecting the designation under subsection (1).

Period of designation

   (5)  A producers’ association is a designated bargaining agent for members of a producers’ association beginning on the date of notice to the applicant unless and until the designation is revoked by the Minister under section 22.

Effect of designation

   20.  A designated bargaining agent for members of a producers’ association has authority to bargain and to enter into scale agreements, on behalf of those members, with designated bargaining agents for members of media industry workers’ associations who are media industry workers.

Application for revocation

   21.  (1)  A producer represented by a designated bargaining agent may apply to the Minister for an order revoking the designation of a producers’ association as a designated bargaining agent. 

Notice to designated bargaining agent

   (2)  The Minister shall promptly give notice to the designated bargaining agent named in the application for revocation under subsection (1).

Public notice

   (3)  The Minister shall promptly give public notice, in the manner the Minister considers appropriate, of an application for revocation under subsection (1).

Other notice

   (4)  The Minister shall promptly give any other notice the Minister considers appropriate respecting the application for revocation under subsection (1).

Revocation

   22.  (1)  Where a producer has applied for the revocation of a designation under section 21 and the Minister is satisfied that the prescribed processes have been followed, the prescribed criteria have been met and that the designation should be revoked, the Minister shall, by order, revoke the producers’ association’s designation.

Notice of revocation

   (2)  The Minister shall promptly give notice of the revocation under subsection (1) to the applicant and to the designated bargaining agent for members of a producers’ association of the revocation.

Public notice

   (3)  The Minister shall promptly give public notice, in the manner the Minister considers appropriate, of a revocation under subsection (1).

Other notice

   (4)  The Minister shall promptly give any other notice the Minister considers appropriate respecting a revocation under subsection (1).

Date of revocation

   (5)  The revocation is effective from the date of the Minister’s notice to the producers’ association.

Effect of revocation

   (6)  If a scale agreement is in place between a designated bargaining agent for members of a producers’ association and a designated bargaining agent for members of a media industry workers’ association, the scale agreement ceases to have effect from the date of revocation or from such later date as the Minister may specify in the order.

Part VI
Regulations

Regulations

   23.  The Lieutenant Governor in Council may make regulations providing for the management and enforcement of scale agreements in a media industry, including,

  (a)  defining “artist”, “media industry workers’ association”, “new media”, “producers’ association” and any other term used in this Act;

  (b)  specifying the provisions of the Labour Relations Act, 1995 and the regulations made under it that apply for the purposes of this Act and providing for adaptations, modifications and limitations;

   (c)  governing membership in a media industry workers’ association or a producers’ association;

  (d)  governing the processes and criteria related to the designation of a media industry workers’ association as a designated bargaining agent for the members of the association who are media industry workers;

  (e)  governing the processes and criteria related to the revocation of a media industry workers’ association as a designated bargaining agent for the members of the association who are media industry workers;

    (f)  governing the processes and criteria related to the designation of a producers’ association as a designated bargaining agent for the members of the association;

  (g)  governing the processes and criteria related to the revocation of a producers’ association as a designated bargaining agent for the members of the association;

   (h)  governing scale agreements;

    (i)  governing the successor rights of a producer, designated bargaining agent for a producers’ association, media industry worker, or designated bargaining agent for the members of a media industry association who are media industry workers;

    (j)  governing the giving of notice and the service of documents;

   (k)  providing for any transitional matters the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of this Act, including transitional matters relating to an agreement referred to in section 11;

    (l)  prescribing any thing referred to in this Act as prescribed.

Part VII
commencement and short title

Commencement

   24.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   25.  The short title of this Act is the Fairness in Film and Media Production Act, 2012.

 

EXPLANATORY NOTE

The Bill provides for labour relations for media industry workers and producers in the film, television, radio and new media industries.  Prescribed provisions of the Labour Relations Act, 1995 will apply with modifications to media industry workers and producers. 

Section 3 provides that nothing in the Bill affects the rights or obligations of media industry workers or producers under Ontario or federal tax legislation.

A media industry workers’ association or a producers’ association may become a designated bargaining agent by application to the Minister or by designation in the Bill. A designated bargaining agent for members of a media industry workers’ association who are media industry workers and a designated bargaining agent for members of a producers’ association may enter into a scale agreement respecting the minimum terms and conditions for work done by media industry workers. 

Part III provides that the scale agreement binds certain media industry workers and producers.  A contract between a media industry worker and a producer may contain terms that exceed the minimum terms of the scale agreement.  Any disputes arising from a scale agreement may be resolved through the dispute resolution mechanisms contained in the scale agreement or before the Ontario Labour Relations Board.

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