Article A1 - Recognition, Application and Term (IPA 2024-2027)

Article A1 - Recognition, Application and Term

A101

The Producer recognizes the Guild as the exclusive bargaining agent for all Writers, Story Editors and Story Consultants on all productions, except Writers contracted to write Script Material in French. The Guild is not the bargaining agent with respect to Story Consultants who are not members of the Guild. Nothing precludes a Producer from engaging a Story Consultant who is not a Guild member.

A102

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

A103

This Agreement 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 Agreement’s provisions. Questions regarding interpretation or the meaning of the Articles in this Agreement 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.

A104

While the terms and conditions of this Agreement are in effect, any Producer who is not a party to this Agreement but who agrees to become a party to this Agreement shall sign a Voluntary Recognition Agreement acknowledging that the Guild is the exclusive bargaining agent of Writers, Story Editors or Story Consultants and signifying its acceptance of the terms and conditions contained herein (see Appendix B). The Voluntary Recognition Agreement shall constitute acceptance of and a binding obligation by the Producer to adhere to the terms and conditions of this Agreement and shall be executed and forwarded to the Guild by fax or delivery prior to contracting a Writer, or Story Editor or Story Consultant.

A105

This Agreement shall apply to all Writers, Story Editors and Story Consultants contracted by any Producer who is a signatory 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 providing that before signing a contract the Writer or 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 Agreement. The rates, terms and conditions for such a Writer or Story Editor shall not be less than those provided in this Agreement.

A106

This Agreement 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.

Notwithstanding (a), this Agreement shall apply to a regular employee:

when writing a Feature Film Script which is subsequently produced. However, a staff writer employed by a Producer on a salaried basis shall be paid an annual remuneration at a rate not less than the rate in Article C101.

If as a result of such staff writer’s writing services a Feature Film is produced, such Writer shall be contracted prior to the first day of principal photography under the terms and conditions of this Agreement. The remuneration to such a Writer for that film shall be at least the applicable Script Fee in this Agreement, less one year’s remuneration in the year the film is produced, plus any Production Fee and Distribution Royalties that may become due;

ii.

when writing a Television Script or any instalment or Rewrites thereof, except for documentaries, narration, game shows, continuity, and corporate Scripts.

iii.

when engaged as a Story Editor or Story Consultant on a specific program or Series.

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 their own special field, except that this exclusion shall not apply to such a specialist after they have written three (3) such Scripts or to any Writer of a Feature Film.

For the term of this Agreement, this Agreement need not apply to Writers who are not members of the Guild engaged on Documentary programs or episodes. Notwithstanding the above, when members and non-members are engaged on the same program or episode, the forms of credit and credit arbitration provisions in Article A9 shall apply to such individuals.

A107

A Writer or 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 Writer or Story Editor has filed a written declaration with the Guild and the Producer pursuant to Article A105.

A108

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.

A109

Except by prior agreement with the Associations, 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. 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 this Article shall bypass Joint Standing Committee stage and be heard by an Arbitrator.

A110

There shall be no discrimination against any Writer, Story Editor or Story Consultant because of race, ancestry, place of origin, colour, creed, religion, sex, gender identity or expression, age, record of offenses (other than offenses 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 Writers, Story Editors and Story Consultants to ensure a variety of perspectives that reflect the composition of Canada.

A111

This Agreement shall become effective on May 22, 2024 and terminate on January 31, 2027. This Agreement shall be applicable to all Guild contracts executed after the effective date.

A112

Either party desiring to renegotiate this Agreement shall give notice to the other party in writing at least ninety (90) days prior to the termination date.

A113

During the period of renegotiation of this Agreement, the provisions of this Agreement shall remain in full force and effect.

A114

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.

A115

The terms of Article A1 shall be subject to and read together with the provisions of Appendix A (Negotiation Protocol).

A116

The Guild and the Association agree that both texts of the IPA in French and English are official. In the case of discrepancy, the English language text shall prevail.

A117

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 Writers, Story Editors and Story Consultants, mean human persons.

A118

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

A119

Furnishing Material Generated by GAI

Should the Producer furnish a Writer with written material generated by GAI, which has not been previously published or exploited, and instruct the Writer to use the GAI-generated material as the basis for writing Development Materials or Script Material, the Producer shall disclose to that Writer that the written material was generated by GAI. Such material shall be deemed to be Source Material (whether or not such material meets the definition in Article A255) or the purposes of this Agreement.

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

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