ARTICLE A1 - RECOGNITION, APPLICATION AND TERM
ARTICLE A1 - RECOGNITION, APPLICATION AND TERM
A101
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.
A102
It is agreed that Story Consultants are not covered by the Guild's recognition under An Act respecting the professional status and conditions of engagement of performing, recording and film artists L.Q. c. S-32.1. (hereafter, "the Status of the Artist Act"). Notwithstanding the foregoing and Article A101 above, this Agreement shall cover Story Consultants when they are members of the Guild as per their membership contract with the Guild when contracted by members of the APFTQ, or by signatories to this Agreement under a Letter of Adherence as per Appendix A.
A103
This Agreement 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.
A104
Nothing in the present Agreement 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.
A105
The terms of this Agreement are the result of negotiations between representatives of the APFTQ and the Guild.
A106
This Agreement 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 Agreement's provisions. Questions regarding interpretation or the meaning of the Articles in this Agreement 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.A107
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 Agreement will also bind all producers in Quebec included in the field of activity established by the Commission.
A108
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 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 Agreement 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.
A109
The Guild recognizes the APFTQ as the sole and exclusive bargaining agent and representative of all its members, regular, permittee, or trainee.
A110
The regular and trainee members of the APFTQ shall not be required to sign a Letter of Adherence (as per Appendix A). Permittee members shall be required to sign a Letter of Adherence when engaging a Writer covered by the IPA.
The Guild agrees not to permit a producer who is not a member of the APFTQ from availing itself of this Agreement unless such producer signs a Letter of Adherence as provided in Appendix A and unless such producer remits the applicable administration fees provided in Article A1202.
A111
Subject to the provisions of Article A1, this Agreement shall apply to all Writers, Story Editors and Story Consultants contracted by any Producer who is bound to this Agreement. Nothing in this Agreement shall prevent a Producer from freely obtaining the services of a Writer, Story Editor or Story Consultant 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 Agreement. The rates, terms and conditions for such Writer or Story Editor shall not be less than those provided in this Agreement.
- 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 under the Status of the Artists 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 Agreement.
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 Articles C108, C307, C408, C508, C607, and C705 of the IPA. The Production Fee shall be paid to credited Writers as per Articles A1109 and C1005 of this Agreement and in any event the Writer shall not receive less than his/her share of the 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 A927 to A940. 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.
- This Agreement 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.
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:
- 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 the Société des Auteurs de Radio, Télévision et Cinéma (SARTEC) if the written Script Material is predominantly in French.
- 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, C508, 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.
- 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. 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.
- 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.
A114
The terms of this Agreement are minimum terms. Nothing herein contained shall prevent any Writer, Story Editor or Story Consultant from negotiating and contracting with any Producer for better terms and conditions for the benefit of such Writer, Story Editor or Story Consultant than are here provided.
A115
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 Writers, Story Editors or Story Consultants 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.
A116
There shall be no discrimination against any Writer, Story Editor or Story Consultant 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.
A117
This Agreement shall become effective on July 1, 2003 and terminate on December 31, 2005.
A118
Either party desiring to renegotiate this Agreement shall give notice to the other party in writing within the one hundred and twenty (120) days prior to the termination date.
A119
During the period of renegotiation of this Agreement, the provisions of this Agreement shall remain in full force and effect until one hundred and twenty (120) days after either party has filed a request with the Commission to appoint a mediator as per Section 31 of the Status of the Artist Act. The parties may mutually agree to shorten or extend the one hundred and twenty (120) day period.
A120
The parties must begin to negotiate at the time fixed in the notice provided in Article A118 and conduct the negotiation with diligence and good faith.
A121
At any phase of the negotiation, either party may request the Commission to appoint a mediator.
A122
The parties must attend every meeting to which they are convened by the mediator.
A123
Each party agrees that it will not declare or authorize a concerted action while the provisions of the Agreement are still in force.
A124
If any provision of this Agreement shall, during the term hereof, be held void or unenforceable, all other provisions hereof shall nevertheless continue in full force and effect.
A125
In the case of a conflict between this Agreement and the Status of the Artist Act, the Status of the Artist Act shall prevail.
A126
The Guild and the APFTQ agree that both texts of the IPA in French and English are official. In the case of discrepancy, the English language text shall prevail.