ANIMATION SECTION

This section is self-contained. It is to be read without reference or prejudice to the other portions of the IPA.

ARTICLE 1 – RECOGNITION AND SCOPE OF THE ANIMATION SECTION AND GENERAL PROVISIONS

101
As per one of the Recognitions granted by the Commission de reconnaissance des associations d'artistes et des associations de producteurs (hereafter the "Commission") on June 15th, 1995, which came into force on July 3, 1995, the Writers Guild of Canada's ("the Guild") exclusive jurisdiction in the province of Quebec pertains to all "auteurs de textes dans le domaine du film de langue autre que française dans la province de Québec qui offrent leurs services moyennant rémunération".

Thus, the APFTQ and the Producer recognize the Guild as the sole and exclusive agent for all writers included in such Recognition.

102
The Animation Section shall not apply to a person writing the lyrics of a feature film or of a television production when such a person is not contracted as the writer of that feature film or that television production.

Nothing in the present Animation Section shall be interpreted as limiting any exclusive recognition granted to the Guild by the Commission. Without limiting the generality of the foregoing, the Guild may continue to negotiate minimum working conditions or the application of the Animation Section with any producer not represented by the APFTQ.

103
The terms of this Animation Section are the result of negotiations between representatives of the APFTQ and the Guild.

104
This Animation Section applies to all Animation writing. The parties agree that this Animation Section is complete and contains all provisions with respect to Animation writing. For purposes of clarity, none of the terms and conditions of the IPA or any other schedule or appendix attached thereto shall apply to Animation writing.

105
This Animation Section shall be jointly administered by the Guild and the APFTQ in all of its facets on a principle of equality between the Guild and the APFTQ in all matters pertaining to the administration of the Animation Section's provisions. Questions regarding interpretation or the meaning of the Articles in this Animation Section may be directed to the offices of either the APFTQ or the Guild. Neither of these parties may make an interpretation binding on the other without the written agreement of the other.

106
It is understood that for the moment the APFTQ binds only its Regular and Trainee members to the provisions of this Agreement. Permittee members are bound only for the production for which they have joined the APFTQ.

When, and if, the APFTQ is recognized under the Status of the Artist Act, this Animation Section will also bind all producers in Quebec included in the field of activity established by the Commission.

107
Regardless of the field of activity included in the eventual recognition of the APFTQ, if any, the APFTQ always binds, to the entire provisions of the this Agreement, its regular and trainee members. Permittee members are bound only for the production for which they have joined the APFTQ.

However, if any other group agreement is concluded between the Guild and another group of producers for a type of production covered by the IPA (e.g. industrial programs, videoclips, multimedia, etc.) this Animation Section will cease to be applicable to members of the APFTQ for that type of production on the day the other group agreement comes into force.

108
The Guild recognizes the APFTQ as the sole and exclusive bargaining agent and representative of all its members, regular, permittee, or trainee.

109
The regular and trainee members of the APFTQ shall not be required to sign a Letter of Adherence (as per Schedule 1). Permittee members shall be required to sign a Letter of Adherence when engaging an Animation Writer covered by the Animation Section.

The Guild agrees not to permit a producer who is not a member of the APFTQ from availing itself of this Animation Section unless such producer signs a Letter of Adherence as provided in Schedule 1 and unless such producer remits the applicable administration fees provided in Article 402.

110
Subject to the provisions of Article 1, this Agreement shall apply to all Animation Writers and Animation Story Editors contracted by any Producer who is bound to this Animation Section. Nothing in this Animation Section shall prevent a Producer from freely obtaining the services of a Animation Writer or Animation Story Editor who may not be a member of the Guild in which case, s/he will be treated as a non-member under the terms of this Animation Section. The rates, terms and conditions for such Animation Writer or Animation Story Editor shall not be less than those provided in this Animation Section.

111

  1. Writer/Regular Employee Provisions

    A Writer who regularly binds himself to one or several producers by way of engagement contracts pertaining to specified writing services is deemed to be a Writer covered by the Animation Section and not to be a Regular Employee.

    A Regular Employee, who is not an artist under the Status of the Artist Act, is an individual hired under an employment contract (verbal or written) for an indefinite period on a permanent basis and for whom deductions under Income Tax laws are duly made. A Regular Employee whose duties include writing and who is regularly engaged in creative aspects of production is not covered by this Animation Section.

    The recognition procedure in Appendix Q shall apply.

    Where a Regular Employee(s) and a Writer(s) are working on the same Script Material, it is agreed that the Producer will contract the Writer(s) for the applicable Script Material as provided in Article 3 of the Animation Section. In any case where the Producer claims the Regular Employee and the Writer are working as a Team on Script Material, the agreement of the parties and the Guild will be sought prior to engagement and such agreement shall not be unreasonably withheld.

    In any case in which a Regular Employee of a Producer who is not the sole Writer claims or is accorded writing credit, the Producer shall automatically notify the Guild and an arbitration shall follow under the rules of 1002 to 1018. Only Regular Employees as defined above and Writers contracted under this Animation Section or a guild agreement negotiated by a member of the International Affiliation of Writers Guilds ("IAWG") shall be eligible to receive writing credit on a Production.

  2. This Animation Section shall not apply to a recognized specialist who is not a member who writes a non-dramatic Script, the contents of which relate to his/her own special field, except that this exclusion shall not apply to such a specialist after s/he has written three (3) such Scripts or to any Writer of a Feature Film.

112
Bilingual Productions.
Where there is a production developed in Quebec simultaneously in French and another language and which shall be produced simultaneously in French and another language:

  1. Where only one Animation Writer has been contracted to write Script Material he/she shall be contracted:

    1. under the Animation Section if the written Script Material is predominantly not in French;
    2. under the applicable collective agreement with the Société des Auteurs de Radio, Télévision et Cinéma (SARTEC) if the written Script Material is predominantly in French.
    The Guild and SARTEC will both approve or agree on the predominance of the language of the Script Material.

  2. Where two or more Animation Writers, with the consent of the Guild, are working on the same Script Material, the producer shall contract the Animation Writer writing in a language other than French under the IPA in accordance with Article 3 the form of credit is to be approved by both the Guild and SARTEC. The Animation Writer writing in French shall be contracted under the applicable collective agreement with SARTEC.

  3. Where such Writers are working as a Team on any Script Material as per the terms of this Agreement, the Producer shall provide to both Guilds a copy of any writing contracts filed with either SARTEC or the Guild within seven (7) days of execution. All credit is to be shared equally between members of the Team, and the form of credit is to be approved by both the Guild and SARTEC. A credit arbitration shall be conducted at the request of either Writer as per the IAWG Agreement.

  4. Should the Guild consent to more than two Animation Writers on a Bilingual Production, the Animation Writers shall receive no less than a pro-rated percentage of all applicable fees, contributions and deductions.

113
The terms of this Animation Section are minimum terms. Nothing herein contained shall prevent any Animation Writer or Animation Story Editor from negotiating and contracting with any Producer for better terms and conditions for the benefit of such Animation Writer or Animation Story Editor than are here provided.

114
Except by prior agreement with the APFTQ, the Guild shall not enter into any agreement with any Producer in independent production, at rates or terms more favourable to such Producer than those set forth in this Agreement and shall not permit Animation Writers or Animation Story Editors to be engaged at rates less than those provided for herein or upon terms more favourable to such Producer than set forth herein. Any grievance arising out of a breach of this Article shall bypass Joint Standing Committee stage and be heard by an Arbitrator.

115
There shall be no discrimination against any Animation Writer or Animation Story Editor because of race, ancestry, place of origin, creed, religion, gender, age, record of offenses (other than offenses related to copyright infringement), marital status, family status, disability, sexual orientation or political affiliation.

116
In the case of a conflict between this Animation Section and the Status of the Artist Act, the Status of the Artist Act shall prevail.

117
The Guild and the APFTQ agree that both texts of the Animation Section in French and English are official. In the case of discrepancy, the English language text shall prevail.

118
All terms of this Animation Section shall be deemed to be included in each individual contract between a Producer and an Animation Writer or Animation Story Editor, except where specific terms more beneficial to the Animation Writer, or Animation Story Editor, are included in the individual contract in place of the relevant minimum terms in this Animation Section. If any provisions of any individual contract conflict with the minimum terms and conditions of this Animation Section, then this Animation Section shall prevail, and in such event the conflicting provisions of the individual contract shall be deemed to be modified to the extent necessary to cause it to conform to the terms and conditions of this Animation Section and, as modified, the individual contract shall continue in full force and effect.

119
This Section does not apply to an Animation Writer when writing a Development Proposal, concept and/or Bible, unless the Producer and the Writer agree that such writing shall fall under this Animation Section.

120
To the extent it applies the GST (and/or Provincial and/or harmonized sales tax) shall be paid in addition to all amounts set out in this agreement.

121
Upon receipt of materials as scheduled in the Animation Writer's contract, the Producer shall pay all sums due to the Animation Writer within fifteen (15) calendar days and no payment shall be contingent upon the acceptance or approval by the Producer of the Animation Writer's material.

122
When any payment is late, the Producer shall pay the Animation Writer, or Animation Story Editor, interest on the overdue sum at the rate of twenty- four percent (24%) per annum, computed on a monthly basis.

123
Payment shall be made directly to the Animation Writer or Animation Story Editor unless written authorization has been received by the Producer from the Animation Writer or Animation Story Editor authorizing payment to a third party.

124
No portion of any fee provided in this Agreement shall be deferred for any reason.

125
In the event that an Animation Writer fails to meet a deadline specified in his or her contract, the Producer may decline to deal further with the Animation Writer, being obliged to pay only for work already completed and delivered on time. However, if an Animation Writer fails to meet a deadline specified in his/her contract by reason only of the Animation Writer's incapacity which adversely affects the progress of production in a material way or unreasonable refusal to deliver the Script Material, the Producer may elect, by written notice to the Animation Writer, to terminate the Producer's obligation to accept delivery and pay for any Script Material due on or after the missed deadline (the "Late Material"), notwithstanding that the contract may specifically deny the Producers right to terminate. If the Producer delivers such notice, the Producer shall be deemed to have acquired an assignment in the Script Material delivered prior to the missed deadline and shall be entitled to engage one or more other Animation Writers to write the Late Material.

126
The Producer agrees to notify an Animation Writer engaged under this Agreement, before the Animation Writer is engaged on any assignment, of the names of all other Animation Writers previously engaged by the Producer who have been assigned to work on the same Script Material. The Producer shall also notify the Animation Writer(s) previously engaged on such Script Material of the name(s) of any additional Animation Writer(s) engaged on such Script Material.

127
There shall be no speculative writing and therefore no Producer may require an Animation Writer to submit Script Material without a written contract.

128
Should a Producer wish revisions to an unsolicited Script from an Animation Writer, a contract for the Script must be entered into with the Animation Writer before any revisions are performed.

129
Whenever the Producer contracts an Animation Writer or Animation Story Editor, a fee for the work contracted shall be negotiated and a contract signed before the Animation Writer or Animation Story Editor begins work.

130
No purely oral agreement shall be binding, nor shall it constitute grounds for an investigation of a complaint by either of the parties concerned.

131
Every contract shall be signed before the work begins on a contracted Script, and before any requested revision is begun or before production begins, whichever is sooner, in the case of an unsolicited Script.

132
A Notice of Engagement form as in Appendix E may be filed with the Guild if there is not yet a signed contract. A copy of every contract between an Animation Writer or Animation Story Editor and any Producer shall be deposited with the Guild office by the Producer within seven (7) days of the signing of the contract. Copies of contracts provided to the Guild are to be strictly confidential between the Producer, Animation Writer or Animation Story Editor, and officers of the Guild. The information contained in these contracts is not to be released by the officers of the Guild to any other persons.

133
Adapting Material Created in Any Language Other Than English
When an Animation Writer is engaged to adapt existing dramatic or documentary narration script material from a language other than English into a language other than French to suit a new cultural reality, which may include changes to the dramatic structure, characters, tone or geographic location, the Animation Writer shall receive a contract under this Animation Section. 

The Animation Writer shall be entitled to credit in accordance with all the terms and conditions contained in Article 10 relating to writing credit. In addition, the credit "ADAPTED BY…" shall be recommended as a minimum credit.

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