Second Session,

48th General Assembly

66 Elizabeth II,

BILL 22

STATUS

OF THE ARTIST ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE

CHRISTOPHER MITCHELMORE

Minister of Tourism,

Culture, Industry and Innovation

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would enact the Status of the Artist Act.

The Bill would

acknowledge the important and

dynamic contributions that artists make to the economic and social well-being of the province ;

define professional artist;

set out certain government

undertakings with respect to artists in the province; and

recognize the importance of

continued improvement to the lives and working conditions of professional

artists.

A BILL

AN ACT RESPECTING

THE STATUS OF ARTISTS IN THE PROVINCE

Analysis

Short title

Definitions

Crown bound

Principles affirmed

Professional artist

Government undertaking

Government recognition

Regulations

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Status of the

Artist Act .

Definitions

2. In

this Act

(a) "artist" means an individual who

creates, performs, gives creative expression to or works in any artistic field,

including

(

i) literary arts,

(ii) visual arts and crafts,

(iii) electronic, recording and digital arts, including

film and video,

(iv) performing arts, including theatre, opera,

music, dance, mime, circus and variety entertainment,

(

v) multi-media arts, and

(vi) any other artistic field prescribed in the

regulations;

(b) "artists' association" means an

organization or a branch or local of any organization that has among its

objectives the management or promotion of the professional, social and economic

interests of artists who are members of the organization;

(c) "compensation" includes sales, fees,

royalties, commissions, salaries, residuals, grants and awards;

(d) "government" means the government of

the province;

(e) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(f) "professional artist" means a

professional artist referred to in

section 5;

(g) "promotion or marketing of works"

includes attending auditions, seeking sponsorship, agents or engagements and

similar activities appropriate to the nature of an artist's work; and

(h) "public or peer recognition"

includes

(

i) honours,

(ii) awards,

(iii) professional prizes,

(iv) scholarships,

(

v) honourable mentions,

(vi) appointments to adjudication committees or

peer juries, and

(vii) invitations to participate in group

exhibitions or performances.

Crown bound

3. The

Crown is bound by this Act.

Principles

affirmed

4. The

following principles are affirmed and recognized:

(

a) artists in the province make important and

dynamic contributions to the economic and social well-being of the province;

(

b) artistic creativity enhances the health, education,

quality of life and communal identity of the province;

(

c) a rtistic diversity

contributes to the strength of the provinces culture ; and

(

d) fair compensation of professional artists is

important for the creation and use of their artistic works.

Professional

artist

5. A

person shall be considered to be a professional artist for the purpose of this

Act if that person satisfies 4 of the following criteria, including at least

one of the criteria referred to in paragraphs (

a) to (c):

(

a) the person receives or has received

compensation which can be included in professional or business income;

(

b) the person has a record of income or loss

relevant to the history of his or her work and appropriate to the span of his

or her artistic career;

(

c) the person has received public or peer

recognition by publicly disseminated critical reviews or appraisals or by

similar means;

(

d) the person has presented his or her work to

the public by means of exhibitions, publications, screenings, performances,

readings or by other means appropriate to the nature of his or her work;

(

e) the person is represented by a dealer,

publisher, agent or similar professional representative appropriate to the

nature of his or her work;

(

f) the person devotes a reasonable proportion of

his or her professional time to promoting or marketing of his or her work;

(

g) the person

(

i) has received professional training in an

educational institution from a practitioner recognized in his or her profession,

(ii) is self-taught within the established

practices of the person's cultural traditions;

(

h) the person has membership in a professional

association, appropriate to his or her artistic activity,

(

i) whose membership is or categories of

membership are limited under standards of the association, or

(ii) which is a trade union or equivalent

appropriate to his or her artistic activity; and

(

i) the person holds copyright in his or her own

work and has received royalty or residual payment based on that copyright.

Government undertaking

6. Where

the government believes it is reasonable and appropriate, the government

undertakes to

(

a) honour scale agreements of artists' associations representing the interests

of professional artists engaged by the government;

(

b) honour protocols respecting working conditions that have been established

by artists' associations representing the interests of professional artists

engaged by the government;

(

c) seek the input of artists and artists' associations on government matters

relating to arts and culture;

(

d) give fair consideration to cultural products produced in the province when

purchasing goods and services within the parameters of the Public Tender Act and applicable trade agreements;

(

e) support access to training and education relating to arts and promote awareness

of artistic activity in the province;

(

f) conduct research benefitting arts and culture in the province;

(

g) provide investment for artists and artists' associations in the province;

(

h) support the promotion and sale of cultural products produced in the province;

(

i) encourage public recognition of and appreciation for arts and culture in

the province; and

(

j) use a written contract, w here a government department enters into a

contract with a professional artist to produce or present an artistic work or

production, that includes

(

i) a description of the work or production,

(iii) the

delivery date of the work or production,

(iv) the notice and any compensation required where

either the government department or the professional artist terminates the

contract before its completion,

(

v) dispute resolution mechanisms,

(vi) any limitations on the use of the work or production,

(vii) any transfer of right or grant of licence

consented to by the professional artist, and

(viii) any waiver in whole or in part of moral rights

within the meaning of

section 14.1 of the Copyright

Act ( Canada ).

Government recognition

7. Where

the government believes it is reasonable and appropriate, the government shall recognize the importance of

continued improvement to the lives and working conditions of professional

artists by

(

a) encouraging appropriate labour standards for professional artists,

including

(

i) health and safety standards, and

(ii) the use of written contracts; and

(

b) giving consideration to the working practices and unique cycles of

production of artists when professional artists interact with government

departments.

Regulations

8. The

Lieutenant-Governor in Council may make regulations

(

a) prescribing additional artistic fields for the

purpose of paragraph 2(a);

(

b) defining a word or expression used in this Act

but not defined in this Act; and

(

c) generally, to give effect to the purpose of

this Act.

Queen's Printer