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]
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