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CARFAC applauds recommendations for Strengthening the Status of the Artist in Canada

In 2022, the Standing Committee on Canadian Heritage conducted a study on the impact of the Status of the Artist Act (SAA) on artists’ working conditions. CARFAC and other stakeholders participated in this process by submitting briefs and presenting them to the committee.

A report, Strengthening the Status of the Artist in Canada, is now available. CARFAC applauds the twenty recommendations made in the report, and we look forward to working with the Federal Government on implementing them.

Recommendation 1: That the Government of Canada undertake an in-depth review of the Status of the Artist Act and the Copyright Act

Recommendation 2: That the Government of Canada amend Part II of the Status of the Artist Act to include a provision on bargaining and arbitration for the purpose of concluding a first “scale agreement.”

Recommendation 3: That the Government of Canada take all necessary measures so that producers who receive any financial support from the government use Canadian resources on funded projects whenever reasonably possible.

Recommendation 4: That the Status of the Artist Act be amended to prohibit producers from making the engagement of an independent artist conditional on their agreeing to lesser conditions of employment than those set out in the Act.

Recommendation 5: That the Government of Canada accelerate the reform for a modernized employment insurance (EI) program that accomodates for the nature of artistic work and the various employment realities of cultural workers, that allows them to pay and withdraw from EI, and that makes the program more accessible for artists and cultural workers to all EI regular and special benefits.

Recommendation 6: That the Government of Canada consider tax measures to support professional artists in the practice of their art and promote Canadian cultural products as well as the purchase of works of art by Canadian artists.

Recommendation 7: That the Government of Canada amend the Income Tax Act to include a tax deduction for income from copyright to reduce the tax on this type of revenue for professional artists.

Recommendation 8: That the Government of Canada amend the Income Tax Act to ensure professional artists can average their income when they have a more prosperous year.

Recommendation 9: That 1% of the total renovation or construction budget for government buildings be set aside to purchase works of art by professional Canadian artists, and that a tax credit worth up to 1% of the total renovation or construction budget of a building be offered to any business or organization that spends an equivalent amount acquiring works of art by professional Canadian artists.

Recommendation 10: That the Government of Canada establish a binding arbitration process in the negotiation between parties.

Recommendation 11: That the Government of Canada undertake a comprehensive review of the best practices from countries such as Ireland and Finland as well as upstate New York, which have implemented basic income programs for artists.

Recommendation 12: That the Government of Canada codify in the Status of the Artist Act the principles established in the Supreme Court decision Canadian Artists’ Representation v. National Gallery of Canada.

Recommendation 13: That the Government of Canada take the necessary steps to ensure that producers who receive government funding guarantee minimum working conditions.

Recommendation 14: That the Government of Canada adapt the section 44 of the Canada Labour Code to the context of the Status of the Artist Act, and clarify that artists’ accreditations, master agreements and contracts are protected in the event of a sale of business or a change in the legal structure of the producer.

Recommendation 15: Should the Government of Canada proceed with any amendments to the Status of the Artist Act, those amendments should focus on simplifying and reducing the tax burdens placed on artists and creators.

Recommendation 16: Should the Government of Canada proceed with any amendments to the Status of the Artist Act those amendments should ensure the Act is compatible and consistent with similar statutes at the provincial level.

Recommendation 17: That the Government of Canada recognize the evolving nature of the arts industry and ensure future policy decisions fairly consider the impacts on all types of artists and creators regardless of the medium or technique used to express their art.

Recommendation 18: That the Department of Canadian Heritage continue to work with the Departments of Finance and Employment and Social Development, as well as the Canada Revenue Agency, to deliver, through multiple federal levers, on the objectives of the Status of the Artist Act in order to improve the socio-economic realities of artists.

Recommendation 19: That the Government of Canada deliver on its commitments to amend the Copyright Act and introduce the Artist Resale Right, to ensure artists are paid their fair due and achieve a more sustainable living income based on the value of their work.

Recommendation 20: That the Government of Canada continue to work with provincial and territorial counterparts to ensure robust protections and supports for artists and cultural workers throughout the country.