2011 - 2014 NATIONAL COMMERCIAL AGREEMENT

The following quick-tip sheets are provided to Engagers
as a reference for rates and terms under the
2011 - 2014 NATIONAL COMMERCIAL AGREEMENT
Effective October 31, 2011 to June 30, 2014
Please refer to full text of the NCA for details – available online at www.actra.ca
WELCOME to ACTRA Toronto’s Quick Tips reference guide for the National Commercial Agreement. The purpose of these Quick
Tips is to provide an easy to follow guide and to provide a basic understanding of the NCA when producing commercials in
Toronto using Performers. We encourage you to keep this guide with your Commercial Agreement, a.k.a. “the red book”,
as a handy tool and valuable resource. You are also encouraged to call and/or email us with any questions…you will find our
CONTACT INFORMATION on the last page of this booklet. We are more than pleased to be able to assist prior to
production when your agency is in the creative/planning stage with respect to the application of the NCA to your project.
As well, we are available to assist with talent costs for both session and use.
We look forward to working with you…
Judy Barefoot, Director of Commercial Production
1) AUDITIONS:
•
•
•
•
•
•
•
•
Audition sign-in time sheets Part A, must be completed at every audition, See attached.
The 1st audition: if Performer is dismissed within one hour of their call time – there is no compensation.
For the 2nd and subsequent auditions (under 1 hour), the callback fee is $50.00.
If detained beyond one hour, the rate is $74.50/$76.50/$78.50/hr.
Producers are required to fax audition sign in sheets to ACTRA within 48 hrs. of the audition.
It is the Engager’s responsibility to pay callback audition fees to ACTRA within 20 days of the date of the audition.
No gang casting allowed (auditioning multiple performers for same role at same time)
A Performer “hold” (as a tentative booking device) is not permitted.
2) PREFERENCE OF ENGAGEMENT:
•
•
•
Preference of engagement shall be given to members of ACTRA (including full, apprentice and AABP)
If after auditions the Engager establishes that a Performer of the type required is not available within the ACTRA membership,
upon provision by the Engager to ACTRA of details of all Performers auditioned or considered, ACTRA shall issue a work permit
for the engagement of a Canadian non-member in a commercial.
Please be sure to refer to the terms of Section 7 regarding permitting non-resident performers.
3) INTENT TO PRODUCE:
•
Prior to Production, the Engager is responsible for submitting a completed Intent to Produce (App. C, attached) to their nearest
ACTRA office.
4) CONTRACTS:
•
•
Performers should be provided with their contract prior to the commencement of their work session.
Contracts must be completed in full. Check that production info, dates, and work hours are accurate.
At the end of the work session, Performers should sign their contracts and be given 2 copies:
the “ACTRA copy” as well as the “Performer’s copy” with the mailing envelope.
It is the Performer’s responsibility to mail in the ACTRA copy.
5) SESSION PAYMENTS:
• Due within 21 calendar days of the work session (late payments will be subject to penalties – see “Late Payments” below).
• Working dues
•
•
•
•
Full ACTRA Members - deduct 2.25% of the gross earnings (remit on cheque payable to ACTRA)
Apprentice/Non-Members - No working dues are deducted. Performers must obtain a work permit. (application attached)
Insurance and Retirement (remit on cheque payable to ACTRA I&R)
Deduct 4% of gross fee from all Performers.
Engager contributes 12% of Performer gross fee for all Performers for Insurance & Retirement/Equalization.
Total payable = 16% of Performer earnings (4% deduction +12% contribution)
Performer HST (13%)
Performers must be paid HST if they have provided their reference number to the Engager.
The amount paid is calculated on their gross fee PLUS the 12% Engager contribution.
Contract Service Fee (remit on cheque payable to ACTRA)
TV:
Pay the lesser of either:
$300.00 per Television commercial (plus HST)
OR 25% of the Performers' total gross earnings (plus HST)
Radio: Pay the lesser of either:
$150.00 per radio commercial (plus HST)
OR 20% of the Performers' total gross earnings (plus HST)
Accident on Set Insurance (remit on cheque payable to ACTRA)
Engager contributes 1% of Performer gross (plus PST).
AOS is calculated on the Session fee only.
Note: Accident on Set insurance is not applicable on: callbacks, overtime on callbacks, edits, lifts, cancellations, postponements, weather holds,
and new media move overs. There is no Contract Service Fee payable on Made for New Media productions
6) RESIDUAL PAYMENTS
•
•
•
•
Due within 28 calendar days of first air date (late payments will be subject to penalties – see “Late Payments” below).
Working dues (remit on cheque payable to ACTRA)
Full A C T R A Members - deduct 2.25% of the gross earnings
Apprentice/Non-Members - Non-Member Service Fee. Deduct 10% of Performer gross fee (plus HST)
Insurance and Retirement (remit on cheque payable to ACTRA I&R)
Deduct 4% of gross fee from all Performers.
Engager contributes 12% of Performer gross fees for all Performers for Insurance & Retirement/Equalization.
Total payable = 16% of performer earnings (4% deduction +12% contribution)
Performer HST (13%)
Performer must be paid HST if they have provided their reference number to the Engager.
The amount paid is calculated on their gross fee PLUS the 12% Engager contribution.
7) LATE PAYMENTS:
•
•
$6.00 per Performer per calendar day beginning the day after the date of default, up to 42 calendar days.
The penalty will not increase unless ACTRA notifies the Engager that full payment has not been made.
If payment in full is not received within 16 calendar days of being notified, penalty fees will resume retroactive to the date of notice at
$10.00 per calendar day, without limitation, until the full payment is made.
8) MEAL BREAKS/PENALTIES:
•
•
•
•
Unpaid meal periods (of at least 1 hour and not more than 1 ½ hours) must be given prior to the 6th hour of work.
For meal breaks scheduled for the 6th hour, performers must be provided with a “substantial snack” prior to their 5th hour of work.
If no substantial snack is served, then a meal break must be given prior to the 5th hour.
The 6th hour meal period may be extended by 15 minutes without penalty to complete a shot that is already in progress.
An unpaid half-hour meal period may be exercised only once per day. The Engager shall provide the same meals and craft services to
cast/crew/production personnel. All Performers must be broken at the same time and are given a full half-hour which starts when the last
Performer is through the food line and sits down.
$74.50/$76.50/$78.50 per infringement. Each category is paid the same rate.
9) DORMANCY FEES:
•
•
•
•
National Commercial: If a National commercial is not broadcast within 26 weeks plus 1 business day from end of last paid use cycle or
from session if never broadcast, it is considered a dead commercial.
Seasonal Commercial: If a Seasonal commercial is not broadcast within 39 weeks plus 1 business day from end of last paid use cycle or
from session if never broadcast, it is considered a dead commercial. Seasonal commercials must be declared at time of booking.
A commercial may be reactivated with the Performer’s written consent and payment of the applicable Dormancy fees.
Dormancy fees to reactivate a “dead” spot: 2 dormancy fees are owed for the 1st year and 1 dormancy fee each year thereafter, to a
maximum of 7 dormancy fees.
10) JOINT PROMOTIONS:
•
•
Considered a Joint Promotion if the commercial features or highlights more than one advertiser’s product or service (up to 3
per commercial)
Joint promo 50% fee bump paid on session and residual fees per commercial.
11) PRODUCT CONFLICTS:
•
It is the Engager’s responsibility to indicate prior to the audition and on casting sheets those products and services that the
Engager considers product conflicts.
NOTE: ACTRA does not invoice for session or residual fees
The following ACTRA–ICA/ACA National Commercial/New Media rates are in effect in Year 1: Oct.31, 2011 to June 30, 2012.
A1202
NATIONAL TV Session Fees
Session
Rate
Work
Hrs.
**
Principal Performer
706.00
8
89.50
116.50
131.00
352.00
4
89.50
89.50
Silent-On Camera
706.00
8
89.50
116.50
131.00
352.00
4
89.50
89.50
Voice-Over/
Solo Singer
514.50
4
74.50
93.50
116.50
223.00
2
—
—
Demonstrator
706.00
8
89.50
116.50
131.00
352.00
4
89.50
89.50
Group Singer
Stunt Performer
223.00
706.00
1
8
74.50
89.50
93.50
116.50
116.50
131.00
148.00
352.00
1
4
—
89.50
—
89.50
Stunt Coordinator
Background
941.50
432.00
8
8
117.50
55.50
143.00
66.50
175.00
83.00
469.50
216.50
4
4
117.50
55.50
117.50
55.50
* Group BG
288.50
8
36.00
47.00
54.00
144.50
4
36.00
36.00
* See full sliding scale
in the NCA for 25+
Group BG
Hourly
Rate
AWT Rate
(9th & 10th
hours) ***
O/T Rate
(11th hour and Recall
on)
Rate
Recall
Work
Hours
Wardrobe
Call
(min. 1 hour)
** Under 16 years old: 8 *** M i n o r s 12 to 15:
hours max.
9th & 10th hours permission
required
Minimum of 6 GBPs
must be hired
A2101 NATIONAL RADIO Session Fees and Residual Fees per Cycle of 13 Weeks
Work
Hours
Single Voice/Solo Singer
Multiple Voice/Group Singer
Session Rate
Minimum
Per Cut
Rate
AWT
Per .5 hr.
Tag
Rate
Recall
Work
Hours
AWT
per .5 hr.
2
549.75
275.00
27.75
110.25
275.00
1
27.75
2
412.50
206.50
27.75
110.25
206.50
1
27.75
Travel
Time
(per hour)
1820a MADE FOR NEW MEDIA
Year 1: Oct.31, 2011 to June 30, 2012.
Video (unlimited websites)
Included
Work Time
4 hours
1 day - 4
weeks
35%
5 – 8 weeks
9 – 26 weeks
27 weeks – 1yr.
Principal Performer
Session
Fee
353.00
50%
75%
100%
Silent on Camera
353.00
4 hours
35%
50%
75%
100%
Voiceover/Solo Singer
257.50
2 hours
35%
50%
75%
100%
Stunt Performer
353.00
4 hours
35%
50%
75%
100%
Stunt Coordinator
471.00
4 hours
Demonstrator
353.00
4 hours
Background Performer
216.00
4 hours
Group BG Performer
144.50
4 hours
Group Singer
111.50
.5 hour
35%
50%
75%
100%
Session
Fee
Included
Work Time
1 day - 4
weeks
5 – 8 weeks
9 – 26 weeks
27 weeks – 1yr.
275.00
1 hour
35%
50%
75%
100%
206.25
1hour
35%
50%
75%
100%
137.50
1 hour
35%
50%
75%
100%
103.25
1 hour
35%
50%
75%
100%
Audio (unlimited websites)
Solo Voice / Solo Singer
(1 or 2 cuts)
Multiple Voice / Group
Singer (1 or 2 cuts)
Solo Voice / Solo Singer
(per additional cut)
Multiple Voice / Group
Singer (per additional cut)
Note: If a production goes over the included work time, session and use fees automatically double. Any hourly work time, additional
work time and/or overtime is paid per this Agreement, Sections 12 and 21. A grace period of fifteen (15) minutes will be allowed to
complete a shot already in progress; this period shall not be used for a new scene or setup.
For each subsequent three hundred and sixty-five (365)–day use period, the Engager must
(i) re-contract the Performer(s) in residual categories; and
(ii) make a payment to each Performer in residual categories equal to not less than the Performer’s contracted Session Fee.
If a commercial made for New Media is moved over to broadcast television, radio or other media, per Article 1818(a), Performers
must be re-contracted and paid no less than the applicable minimum session and residual fees for the category of New Media
performance in the appropriate medium. Performers must be advised, prior to auditioning, of the proposed use of the commercial.
Product conflicts do not apply to commercials made for New Media.
The following ACTRA–ICA/ACA National Commercial/New Media rates are in effect in Year 2: Jul. 01, 2012 to June 30, 2013.
A1202
NATIONAL TV Session Fees
Session
Rate
Work
Hrs.
**
Hourly
Rate
AWT Rate
(9th & 10th
hours) ***
O/T Rate
(11th hour
and on
Recall
Rate
Recall
Work
Hours
Wardrobe
Call
(1 hour)
Travel
Time
(1 hour)
Principal
Performer
723.50
8
91.50
119.50
134.50
361.00
4
91.50
91.50
Silent-OnCamera
723.50
8
91.50
119.50
134.50
361.00
4
91.50
91.50
Voice-Over/
Solo Singer
527.50
4
76.50
96.00
119.50
228.50
2
Demonstrator
723.50
8
91.50
119.50
134.50
361.00
4
91.50
91.50
Group Singer
Stunt Performer
228.50
723.50
1
8
76.50
91.50
96.00
119.50
119.50
134.50
151.50
361.00
1
4
—
91.50
—
91.50
Stunt Coordinator
965.00
8
120.50
146.50
179.50
481.00
4
120.50
120.50
Background
443.00
8
57.00
68.00
85.00
222.00
57.00
57.00
295.50
8
37.00
48.00
55.50
148.00
4
4
37.00
37.00
* Group BG
* See full sliding
scale in the NCA for
25+ Group BG
—
*** Minors 12 to 15:
** Under 16 years old: 8 9th & 10th hours permission
hours
required
Minimum of 6 GBPs
must be hired
A2101 NATIONAL RADIO Session Fees and Residual Fees per Cycle of 13 Weeks
Work
Hours
Session Rate
Minimum
Per Cut
Rate
AWT
per .5 hr.
Tag
Rate
Recall
Work
Hours
AWT
per .5 hr.
Single Voice/Solo Singer
2
563.50
282.00
28.50
113.00
282.00
1
28.50
Multiple Voice/Group Singer
2
422.75
211.75
28.50
113.00
211.75
1
28.50
—
1820 a MADE FOR NEW MEDIA Year 2: Jul. 01, 2012 to June 30, 2013
** Please note: The New Media Pilot Project is scheduled to expire June 30, 2013 (end of Year 2)
Video (unlimited websites)
Included
Work Time
4 hours
1 day - 4
weeks
35%
5 – 8 weeks
9 – 26 weeks
27 weeks – 1yr.
Principal Performer
Session
Fee
362.00
50%
75%
100%
Silent on Camera
362.00
4 hours
35%
50%
75%
100%
Voiceover/Solo Singer
264.00
2 hours
35%
50%
75%
100%
Stunt Performer
362.00
4 hours
35%
50%
75%
100%
Stunt Co-ordinator
482.50
4 hours
Demonstrator
362.00
4 hours
Background Performer
221.50
4 hours
Group BG Performer
148.00
4 hours
Group Singer
114.50
.5 hour
35%
50%
75%
100%
Audio (unlimited websites)
Solo Voice / Solo Singer
(1 or 2 cuts)
Multiple Voice / Group
Singer (1 or 2 cuts)
Solo Voice / Solo Singer
(per additional cut)
Multiple Voice / Group
Singer (per additional cut)
Session
Fee
Included
Work Time
1 day - 4
weeks
5 – 8 weeks
9 – 26 weeks
27 weeks – 1yr.
281.75
1 hour
35%
50%
75%
100%
211.50
1 hour
35%
50%
75%
100%
141.00
1 hour
35%
50%
75%
100%
106.00
1 hour
35%
50%
75%
100%
Note: If a production goes over the included work time, session and use fees automatically double. Any hourly work time, additional
work time and/or overtime is paid per this Agreement, Sections 12 and 21. A grace period of fifteen (15) minutes will be allowed to
complete a shot already in progress; this period shall not be used for a new scene or setup.
For each subsequent three hundred and sixty-five (365)–day use period, the Engager must
(i) re-contract the Performer(s) in residual categories; and
(ii) make a payment to each Performer in residual categories equal to not less than the Performer’s contracted Session Fee.
If a commercial made for New Media is moved over to broadcast television, radio or other media, per Article 1818(a), Performers
must be re-contracted and paid no less than the applicable minimum session and residual fees for the category of New Media
performance in the appropriate medium. Performers must be advised, prior to auditioning, of the proposed use of the commercial.
Product conflicts do not apply to commercials made for New Media.
The following ACTRA–ICA/ACA National Commercial/New Media rates are in effect in Year 3: Jul. 01, 2013 to June 30, 2014
A1202
NATIONAL TV Session Fees
Session
Rate
Work
Hrs.
**
Hourly
Rate
741.50
8
94.00
122.50
138.00
370.00
Silent-On- Camera
Voice-Over/
Solo Singer
Demonstrator
741.50
8
94.00
122.50
138.00
540.50
741.50
4
8
78.50
94.00
98.50
122.50
Group Singer
234.00
1
78.50
Stunt Performer
741.50
8
Stunt Coordinator
989.00
Background
* Group BG
454.00
303.00
Principal
Performer
* See full sliding
scale in the NCA for
25+ Group BG
AWT Rate
(9th & 10th
hours) ***
O/T Rate
(11th hour and Recall
on
Rate
Recall
Work
Hours
Wardrobe
Call
(1 hour)
Travel
Time
(1 hour)
4
94.00
94.00
370.00
4
94.00
94.00
122.50
138.00
234.00
370.00
2
4
—
94.00
—
94.00
98.50
122.50
155.50
1
—
94.00
122.50
138.00
370.00
4
94.00
94.00
8
123.50
150.00
184.00
493.00
4
123.50
123.50
8
8
58.50
38.00
69.50
49.50
87.00
57.00
227.50
151.50
4
4
58.50
38.00
58.50
38.00
*** Minors 12 to 15:
** Under 16 years old: 8 9th & 10th hours permission
hours
required
Minimum of 6 GBPs
must be hired
A2101 NATIONAL RADIO Session Fees and Residual Fees per Cycle of 13 Weeks
Work
Hours
Session Rate
Minimum
Per Cut
Rate
AWT
per .5 hr.
Tag
Rate
Recall
Work
Hours
AWT
per .5 hr.
Single Voice/Solo Singer
2
577.50
289.00
29.25
115.75
289.00
1
29.25
Multiple Voice/Group Singer
2
433.25
217.00
29.25
115.75
217.00
1
29.25
—
ACTRA–ICA/ACA & SAG TELEVISION COMMERCIAL AGREEMENT, U.S. USE ONLY
Rules and Rates in Effect from October 31, 2011 to June 30, 2014
INTERPRETATION OF ARTICLE 2404(a)
Canadian resident on/off camera Performers: All Performers are paid in
Canadian dollars. ACTRA Contract deductions and contributions are
applicable.
ACTRA SESSION RATE: Applies first day only (ACTRA 8 hr. day), or
any first cancellation day. Day 1 work hours beyond 8, as well as
subsequent days on the same commercial, are to be paid according to
SAG rules/rates.
Only the session fee paid for the first day of work may be credited
against first fixed cycle of use - no later than 13 weeks from production
date.
On-camera
$706.00/$723.50/$741.50
Off-camera
$514.50/$527.50/$540.50
Stunt Performer $706.00/$723.50/$741.50
Demonstrator & Hand Model
$706.00/$723.50/$741.50
Background Performer $432.00/$443.00/$454.00
SAG RATES PAID FOR ALL OTHER FEES: Overtime, meal
penalties, wardrobe calls, travel hours (per diems and mileage),
weather holds, late-payment penalties, audition recalls, regular recalls
and preproduction rehearsal, etc.
ACTRA WORKING CONDITIONS: Minimum one-hour wardrobe call,
sixth-hour meal break, night work, late-payment rules, auditions,
creative fee, regular recall session and preproduction rehearsal hours,
travel hour rules, weather hold rules, cancellation rules, dormancy rules
and fees (cannot be credited against use fees).
SAG Holding fee provisions do not apply.
ACTRA maximum period of use (eighteen (18) months)
from either 6 months after session or first use, whichever is earlier
(see ACTRA Article 1814), Upgrading, Downgrading and Editing-Out
provisions.
DEDUCTIONS AND CONTRIBUTIONS: Insurance and retirement
deduction of 4% from all Performers and Engager contribution of 12%
of the Performer gross
Dues deductions of 2.25% from Performer gross fees applies to
ACTRA Members only
10% service fee deduction (Apprentice and non-members only) from
residual and dormancy gross fees.
Engager pays AOS Insurance per commercial. Calculated on
Session only.
Engager pays a Contract Service Fee per commercial. Calculated on
Session only.
_______________________
INTERPRETATION OF ARTICLE 2404(b)
Non-resident on/off camera Performers brought into Canada: All
Performers are paid in U.S. Dollars.** Please be sure to contact your
local ACTRA office if you are contemplating using non-resident Talent.
SAG rules/regulations apply. Session, use and holding fees, paid in
U.S. dollars, apply to all Performers.
With respect to Canadian resident Performers only, an ACTRA
contract MUST be signed, and such performers are subject to
ACTRA Insurance and Retirement deductions and contributions, dues
deductions and service fee deductions from their gross earnings, as
outlined above in the ACTRA Session and Residual info.
Engager pays a Contract Service Fee per commercial.
HST APPLIES TO ACTRA AND SAG SESSION AND RESIDUAL
FEES: When a Performer registers an HST number on his/her
contract, the Engager is required to pay the HST based on 100% of
the Performer’s gross fee plus the 12% ACTRA Fraternal Benefit
Society contribution.(Calculation is 100% + 12% = 112% x 13% GST)
which is added to the Performer’s net fee.)
Please be sure to refer to full text of the ACTRA and SAG Agreements for details
The Session payment form is now available on line @ www.actra.ca NCA Forms
CONTACT US:
Judy Barefoot, Director
416-642-6705
[email protected]
Ellen Jarvis, Assistant Steward
416-642-6748
[email protected]
ACTRA Toronto Main Line
416-928-2278
NOTES:
Kelly Davis, Steward
416-642-6707
[email protected]
Cathy Wendt, Steward
416-642-6714
[email protected]