Article 1 - Recognition and Scope of the Animation Section (IPA 2024-2027)

Article 1 - Recognition and Scope of the Animation Section

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

101

The Producer recognizes the Guild as the exclusive bargaining agent for all Animation Writers and Animation Story Editors of Animation Productions written in English.

102

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

103

This Animation Section shall be jointly administered by the Guild and the Association in all of its facets on a principle of equality between the Guild and the Association 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 Association or the Guild. Neither of these parties may make an interpretation binding on the other without the written agreement of the other.

104

This Animation Section shall apply to all Animation Writers and Animation Story Editors contracted by any Producer who is a signatory to this Section. Nothing in this Section shall prevent a Producer from freely obtaining the services of an Animation Writer or Animation Story Editor who may not be a member of the Guild providing that before signing a contract the Animation Writer or Animation Story Editor shall declare in writing to the Producer and the Guild that for reasons of conscience, they do not wish to become a member of the Guild, in which case, they will be treated as a non-member under the terms of this Animation Section. The rates, terms and conditions for such an Animation Writer or Animation Story Editor shall not be less than those provided in this Section.

105

a. This Animation Section shall not apply to a regular employee of the Producer whose duties include writing and who is regularly engaged in creative aspects of production and for whom deductions under Income Tax laws are duly made.

b. Notwithstanding (a) above, this Animation Section shall apply to a regular employee:

i.	when writing a Feature Film Script which is subsequently produced.
ii.	when writing a Television Script or any installment or Rewrites thereof.
iii.	when engaged as an Animation Story Editor on a specific program or Series.

106

An Animation Writer or Animation Story Editor who is not a member of the Guild shall join the Guild on signing their first writing services contract under this Agreement, unless the Animation Writer or Animation Story Editor has filed a written declaration with the Guild and the Producer pursuant to Article 104.

107

The Animation Section applies to all Animation writing. The parties agree that this 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 except as expressly noted herein.

108

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 Section. If any provisions of any individual contract conflict with the minimum terms and conditions of this Section, then this 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 Section and, as modified, the individual contract shall continue in full force and effect.

109

Nothing in this Animation Section limits the Animation Writer from individually negotiating with the Producer, rights or benefits superior to the terms and conditions set out in this Section.

110

Prior to contracting an Animation Writer or Animation Story Editor, Producers shall sign a Voluntary Recognition Agreement for Animation Production as follows on their own letterhead and forward to the Guild. This Voluntary Recognition Agreement for Animation Productions shall constitute a binding obligation by the Producer to the terms and conditions of the Animation Section of the Independent Production Agreement (see Schedule 1 of this Section).

111

Except by prior agreement with the Association, the Guild shall not enter into any agreement with any Producer in independent production under terms more favourable to such Producer than those set forth in this Section and shall not permit Animation Writers or Animation Story Editors to be engaged under terms more favourable to such Producer than set forth herein. This Article shall not apply in relation to any agreement entered into by the Guild with any Producer in independent production in Quebec for production in that province. Any grievance arising out of a breach of this Article shall bypass Joint Standing Committee stage and be heard by an Arbitrator.

112

There shall be no discrimination against any Animation Writer or Animation Story Editor because of race, ancestry, place of origin, colour, creed, religion, sex, gender identity or expression, age, record of offenses (other than offences related to copyright infringement), marital status, family status, disability, sexual orientation or political affiliation. The Producer shall maintain a working environment that is free from discrimination, harassment and violence in accordance with all applicable human rights and health and safety legislation. The Producer shall provide a copy of its workplace harassment and violence policy to the Guild, upon request.

The Producer will make reasonable efforts to engage a diversity of Animation Writers and Animation Story Editors to ensure a variety of perspectives that reflect the composition of Canada.

113

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 Animation Section.

114

Upon receipt of materials as scheduled in the Animation Writer's contract, the Producer shall pay all sums due to the Animation Writer as follows:

i.	before the production is scheduled ("greenlit") for production, within thirty (30) calendar days; and
ii.	once the production has been scheduled ("greenlit") for production, within fifteen (15) calendar days. The Guild shall be informed in writing when Production has been scheduled ("greenlit") for production, and the date of commencement of principal cast recording, and in both cases no payment shall be contingent upon the acceptance or approval by the Producer of the Animation Writer's material.

115

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.

116

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.

117

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

118

In the event that an Animation Writer fails to meet a deadline specified in their 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 their 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.

119

The Producer agrees to notify an Animation Writer engaged under this Animation Section, 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 Writers then working on such Script Material of the name(s) of any additional Animation Writer(s) engaged on such Script Material.

120

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

121

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

122

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.

123

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

124

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.

125

A copy of every contract between an Animation Writer or Animation Story Editor and any Producer adhering to this Agreement shall be deposited with the Guild and the Association by the Producer within seven (7) days of the signing of the contract.

Copies of contracts provided to the Guild and the Association are to be strictly confidential between the Producer, the Animation Writer or Animation Story Editor, the Guild and the Association. The information contained in these contracts is not to be released by the officers of the Guild or the Association to any other persons.

In those instances where a contract has not yet been signed, a Notice of Engagement form as in Appendix E shall be filed with the Guild.

126

Adapting Material Created in Any Language Other Than English

When an Animation Writer is engaged to adapt existing 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 sixty percent (60%) of the applicable minimum Script Fee, if any.

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 considered as a minimum credit.

127

The Guild and the Association 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.

128

The terms of Article 1 shall be subject to and read together with the provisions of Appendix A (Negotiation Protocol).

129

References to any gender shall include all genders. Unless the context requires otherwise, reference to the singular shall include the plural and the plural the singular. All references to Animation Writers and Animation Story Editors, mean human persons.

130

Written material generated by GAI shall not be considered Animation Development Materials or Script Material under this Agreement.

131

Furnishing Material Generated By GAI

Should the Producer furnish an Animation Writer with written material generated by GAI, which has not been previously published or exploited, and instruct the Animation Writer to use the GAI-generated material as the basis for writing Animation Development Materials or Script Material, the Producer shall disclose to that Animation Writer that the written material was generated by GAI. Such material shall be deemed to be Source Material for the purposes of this Agreement.

For clarity, a Producer furnishing an Animation Writer or Animation Story Editor with written material generated by GAI shall not erode the Animation Writer’s or Animation Story Editor’s rights pursuant to this Agreement, including, but not limited to, any applicable rights to compensation or credit.

132

Every contract between an Animation Writer or Animation Story Editor, and a Producer shall be deemed to include the following warranties:

a.	The Animation Writer and/or Animation Story Editor warrants that, to the best of their knowledge, information and belief, the Animation Development Materials and/or Script Material to be provided by the Animation Writer and/or Animation Story Editor hereunder have not been generated in whole or in part by the use of GAI.
b.	The Producer warrants that, to the best of the Producer’s knowledge, information and belief, the Producer has complied, and will comply with Article 131 with respect to any written material generated by GAI.

133

Notwithstanding Article 802 and 803, no individual contract between an Animation Writer and a Producer shall confer upon the Producer the right to use Animation Development Materials and/or Script Material in which an Animation Writer retains copyright as source for and/or to train GAI unless all the following conditions are met.

The Producer shall:

a.	obtain consent prior to use;
b.	clearly set out that they are contracting for the right to use as source and/or training for GAI;
c.	provide a reasonably specific description of the intended use; and
d.	provide a separate space for the Animation Writer’s signature or initials adjacent to such provision to indicate their clear and conspicuous consent.

134

At the time of negotiating an individual’s engagement by the Producer, upon request, and as required thereafter, Animation Writers and Animation Story Editors will supply to the Producer reasonable residency information to apply for federal and provincial production tax credits, grants or other incentives. Such information shall be held in compliance with all applicable privacy legislation and kept confidential except to the extent necessary to obtain the production tax credits and/or grants.

ii.

As per the Canada Revenue Agency (“CRA”) guidelines regarding the documents to support residency status, the individual will provide the following (and may redact portions unrelated to establishing residency):

1. One of:

a.	A Notice of Assessment (T1) showing that the individual is a Resident of Canada / the applicable Province or Territory for the relevant tax years;
b.	A letter from the CRA giving an opinion of the individual’s residency status for the relevant year(s), after the individual has completed a Determination of Residency Status form; or
c.	A long-term (one-year or greater) lease or proof of purchase of a Canadian dwelling with utility and/or cell phone bills showing the individual lives at the applicable Canadian address; or

2. If none of the above documents are available, three of:

a.	The last income tax return filed in the country of origin and/or any document filed with the foreign tax authority in which the individual has declared that they are no longer a resident;
b.	A short-term (less than one year) lease agreement or letter from a landlord supporting a rental agreement;
c.	A Provincial/territorial health (not applicable in Ontario) or services card for the individual, their spouse and/or dependent;
d.	A driver’s license or vehicle registration from the relevant Province/Territory (a provincial or territorial services card that includes health care and a driver’s licence will count as two documents);
e.	Document(s) supporting professional association or union membership in Canada; or
f.	Statements of accounts (for example: bank accounts, retirement savings plans, credit cards, securities accounts) from a Canadian branch of a financial institution.

These Guidelines may be amended from time to time.

iii.

An Animation Writer or Animation Story Editor employed through a loan-out corporation shall provide to the Producer, if requested, the loan-out corporation’s most recent Notice of Assessment (financial information may be redacted), as well as the most recent Schedule 50 indicating whether the loan-out corporation has single or multiple shareholders. If the loan-out corporation is newly-formed and has not yet filed tax returns, the Animation Writer or Animation Story Editor shall provide to the Producer, if requested, a Shareholder Register.

iv.

Should the Animation Writer or Animation Story Editor fail to furnish appropriate residency information consistent with this Article, upon written notice from the Producer, the individual shall have ten (10) business days within which to provide the required information to the Producer. Should the individual fail to do so within that time period, the Producer may terminate the contract in accordance with this Agreement.

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