APPENDIX Q

APPENDIX Q
QUEBEC APPENDIX
(PROVISIONS APPLYING TO QUEBEC ONLY)
 
LETTER OF AGREEMENT BETWEEN THE WRITERS GUILD OF CANADA AND THE APFTQ
 
As the Act respecting the professional status and conditions of engagement of performing, recording and film artists, L.Q. c. S-32.1, (hereafter "the Act") requires modifications to the terms and conditions of the IPA, the present Appendix is applicable to producers who are members of APFTQ and, as the case may be, to any producer who would be included in any recognition granted to APFTQ by the Commission de reconnaissance des associations d'artistes et des associations de producteurs (hereafter the "Commission").

Guild Jurisdiction: As per one of the Recognitions granted by 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".

The IPA and 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.

For the term of this Agreement, the Guild and APFTQ agree that, for non-member Writers engaged on documentary productions, all minimum terms and conditions of such writers' engagement on such productions are subject to negotiation between the non-member Writer and the Producer. Accordingly, the IPA and its appendices shall not apply to such writers, except as specified in Article A106 (d) of the IPA.

  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 IPA and not to be a Regular Employee.

    A Regular Employee, who is not an artist, is an individual hired under a labour 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 is not covered by this Agreement.

    SARTEC's recognition procedure 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 Articles C108, C307, C408, C503, C607, and C705 of the IPA. The Production Fee shall be paid to credited Writers as per Articles A1109 and C1004 of this Agreement and in any event the Writer shall not receive less than his/her share of Production Fee. 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. The Writer member of the Team shall receive no less than the applicable pro-rated share of the minimum Script Fee and Production Fee.

    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 A925 to A938. Only Regular Employees as defined above and Writers contracted under this Agreement 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. 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 Writer has been contracted to write Script Material he/she shall be contracted:
      • under the IPA if the written Script Material is predominantly not in French;
      • under the applicable collective agreement with 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 Writers with the consent of the Guild, are working on the same Script Material, the producer shall contract the Writer writing in a language other than French under the IPA in accordance with Articles C108, C307, C408, C607 and C705 and in any case the Writer shall receive no less than his/her share of the applicable pro-rated Production Fee and the form of credit is to be approved by both the Guild and SARTEC. The 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 Appendix, 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. Each Writer in the Team shall receive no less than fifty percent (50%) of the applicable minimum Script Fee under their relevant Guild agreement for the Script Material s/he is contracted to deliver (i.e. full Script, rewrite). Each Writer shall also receive no less than fifty percent (50%) of the relevant Production Fee and Distribution Royalty calculated under their own Guild agreement, as well as the same percentage of all contributions, deductions and fees as provided for in their respective agreements. 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 Writers on a Bilingual Production, the Writers shall receive no less than a pro-rated percentage of all applicable fees, contributions and deductions.

  3. The regular and trainee members of the APFTQ will not be required to sign the Voluntary Recognition Agreement (as per A104 and/or the Animation Section). Permittee members shall be required to sign a Letter of Adherence when engaging a Writer covered by the IPA and a separate Letter of Adherence when engaging a Writer under the Animation Section.

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

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

    Regardless of the field of activity appearing in its recognition, the APFTQ always binds, to the entire provisions of the IPA, its regular and trainee members and Permittee members for the production for which the 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.) the IPA 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.

  5. In lieu of sections A401, A402 and A403 of the IPA, the following provisions shall apply to all producers covered by this Appendix:

    1. During the life of this Agreement, the Guild undertakes not to call or direct a work stoppage against any Producer.

    2. Producer's Refusal to Abide by or Follow Grievance or Arbitration Procedure or DecisionWhere a Producer does not abide by, or declares its intent not to abide by the grievance or arbitration procedure, or refuses to comply with a decision rendered pursuant to Article A5 by a Joint Standing Committee or an Arbitrator, the Guild may declare such Producer an "Unfair Producer" upon ten (10) days notice to the Producer concerned and to the Producer's Association.

  6. Nothing in the present Appendix 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 IPA with any producer not represented by the APFTQ.

  7. Subject to the provisions of the Act, Appendix A (the Negotiation Protocol) shall apply in Quebec.

  8. Unless otherwise expressly provided for, in the case of a conflict between the present Appendix and the Writers Independent Production Agreement 2000-2002 (including all other Appendices), the present Appendix shall prevail.

  9. In the case of a conflict between the collective agreement, including the present Appendix, and the Act, the said Act shall prevail.


Definitions

Bilingual Production means one production with both a French and another language version of the Script. The production shall be developed simultaneously in French and another language.

Team for Bilingual Production means two (or more, with the consent of the Guild) Writers engaged by the Producer at the same time who have agreed to collaborate on all elements of a Script or Scripts for which they were engaged.

 
SCHEDULE 1 -- REGULAR EMPLOYEE STATUS
 
WHEREAS, by virtue of Article 1 of the Quebec Appendix, Quebec Producers' Regular Employees are not covered by the IPA;

WHEREAS the parties desire to establish a procedure to recognize Regular Employee status for a writer;

THE PARTIES HEREBY AGREE TO THE FOLLOWING:

  1. When a Producer covered by the Quebec Appendix wishes to hire a person as a Regular Employee who will write Script Material in the course of his employment, and claims that this employee is not an artist within the meaning of an Act respecting the professional status and conditions of engagement of performing, recording and film artists, L.Q. c. S-32.1, the Producer shall respect the following procedure:

    1.1 Within forty-five (45) business days of hiring the employee, or for persons already employed by the Producer, sixty (60) business days following the day this agreement becomes effective for the Producer, the Producer shall send to the Guild document(s) establishing that said person is one of its regular employees;
    1.2 In order that the Guild may determine the individual's Regular Employee status, the documents provided pursuant to Article 1.1 above shall contain information on the nature of the work to be performed, the remuneration and the Producer's degree of control over the employee.

  2. Within thirty (30) days of receipt of the documents in Article 1.1, the Guild shall notify the Producer of its refusal to recognize the Regular Employee status. If there is no notification of refusal, Regular Employee status is thus recognized by the Guild. If the Producer is notified of refusal by the Guild within the above timelines, the matter will be referred to a Joint Standing Committee (or Arbitration, if applicable), which shall hear the case without delay.

  3. Before the Joint Standing Committee or Arbitration convenes to hear the matter, or failing a majority decision of the Joint Standing Committee, the Guild may choose to refer the matter to the Commission de reconaissance du statut de l'artiste, in which case the matter shall not go before the Joint Standing Committee or the Arbitration.

  4. The IPA and its appendices do not apply to the writing services of a person for whom Regular Employee status is recognized by the Guild, a Joint Standing Committee, an Arbitrator or the Commission de reconnaissance.

  5. The Regular Employee status so recognized for an individual shall remain as long as the conditions of his/her employment remain. The Producer shall keep the Guild informed of any modification of the individual's employment in accordance with Article 1.

  6. If a Producer fails to respect the timelines set forth in Article 1, the Guild may request that the Joint Standing Committee or Arbitrator fine the Producer from $20 to $200 for each day that the Producer is late. In assessing such penalties, the Joint Standing Committee or Arbitrator shall take into account the Producer's good or bad faith, any damages and disadvantages caused to the Guild, and the general conduct of both parties in this matter.
 
SCHEDULE 2 -- LETTER OF ADHERENCE FOR PERMITTEE MEMBERS OF APFTQ
(See Appendix Q, Section 3)
 
Prior to contracting a Writer, Permittee Members shall sign a Letter of Adherence as follows on their own letterhead and forward it to the Guild. This Letter of Adherence shall constitute a binding obligation by the Producer to the terms and conditions of this Agreement where such independent Producer is involved in the production of a program:

LETTER OF ADHERENCE

______________________ (Insert name of Producer) hereby acknowledges receipt of the Independent Production Agreement dated November 1, 2000 to December 31, 2002 covering Freelance Writers of Theatrical Films, Television Programs and other Production between the Canadian Film and Television Production Association (CFTPA), the Association des Producteurs de Films et de Télévision du Québec (APFTQ) and the Writers Guild of Canada (the Guild). We hereby become signatory to said Agreement and agree to abide by and conform to all the terms and conditions contained therein.

We hereby certify that we are a Permittee Member of the APFTQ in good standing.

(Please attach copy of certification of Permittee Member status issued by APFTQ)

Please forward a copy of this Letter of Adherence to CFTPA and APFTQ.

Dated this ______ day of _________ , 200_ .

________________________ (Name of Signatory company)

________________________ (Authorized Signature)

________________________ (Print or type name of Authorized Signatory)


Receipt of the above Letter of Adherence is hereby confirmed by the Writers Guild of Canada.

________________________ (Authorized Signature)

________________________ (Print or type name of Authorized Signatory)

________________________ (Date)


WRITERS GUILD OF CANADA
123 Edward Street
Suite 1225
Toronto, Ontario
M5G 1E2
Tel: (416) 979-7907
or Toll Free in Canada: 1-800-567-9974
Fax: (416) 979-9273


PRODUCER ASSOCIATIONS:

CANADIAN FILM AND TELEVISION PRODUCTION ASSOCIATION
20 Toronto Street, Suite 830
Toronto, Ontario
M5C 2B8
Tel: (416) 304-0280
Fax: (416) 304-0499

APFTQ
740 St. Maurice
Bureau 408
Montreal, Quebec
H3C 1L5
Tel: (514) 397-8600
Fax: (514) 392-0232

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