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I am pleased to present the 2006-2007 Report on Plans and Priorities for the Canadian Artists and Producers Professional Relations Tribunal (CAPPRT or the Tribunal). This report outlines its intended direction for the next three years based on the lessons learned from practice.
CAPPRT will continue to fulfill its statutory responsibilities. It expects to deal mostly with complaints of unfair labour practices and other matters brought forward by artists, artists' associations, producers and arbitrators. It will also continue to determine the sectors of cultural activity suitable for collective bargaining and certifying artists' associations to represent self-employed artists working in these sectors as required.
In carrying out its statutory responsibilities, CAPPRT aims to provide high quality service in dealing with matters. It informs and assists the parties so that they will exercise their rights and carry out their responsibilities. CAPPRT maintains as a priority for 2006-2007 to assist in preparing amendments to the Status of the Artist Act and other changes which would make the Act more effective. This work is being carried out with the Department of Human Resources and Social Development under the lead of the Department of Canadian Heritage, in response to its evaluation report tabled in April 2003.
The Canadian Artists and Producers Professional Relations Tribunal remains firmly committed to the development and maintenance of constructive professional relations between artists and producers and will continue to contribute to the economic and social well-being of its client community. The goal of this work is to support a thriving and successful cultural sector in Canada.
I submit for tabling in Parliament, the 2006-2007 Report on Plans and Priorities (RPP) for the Canadian Artists and Producers Professional Relations Tribunal.
This document has been prepared based on the reporting principles contained in the Guide to the Preparation of Part III of the 2005-2006 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:
John M. Moreau, Q.C.
Acting Chairperson and Chief Executive Officer
August 2, 2006
The mandate of the Canadian Artists and Producers Professional Relations Tribunal is to administer Part II of the Status of the Artist Act which governs professional relations between self-employed artists and producers in the federal jurisdiction. By carrying out its mandate, CAPPRT contributes to developing constructive labour relations between these parties.
The economic contribution of the arts and culture sector is significant. In 2002, the sector contributed $39 billion to the Canadian economy, or almost 4 percent of gross domestic product, according to Statistics Canada's most recent figures. Although the works of Canadian artists enrich our daily lives and represent Canadians at home and abroad, the valuable contribution of artists is not reflected in their earnings. According to the most recent Statistics Canada census data, artists' average income rose to $27,200 in 2000, up 23 percent from 1995. However it remained below the average income of all workers in Canada ($31,800), despite the higher than average level of education of artists. A high proportion of artists are self-employed; for example, almost 70 percent of visual artists and close to 50 percent of writers and craftspersons work as independent entrepreneurs according to the census. An estimated 100,000 self-employed artists fall under the Tribunal's jurisdiction. In addition to having lower earnings, many self-employed artists do not have the advantages enjoyed by many workers who are employees, such as employment insurance, training benefits and pension funds.
The federal government has various institutions, programs and policies to recognize and support artists and producers. The Status of the Artist Act and CAPPRT are part of this government support system for arts and culture. However, the impact of the Act is limited due to its application to a small jurisdiction. Most work in the cultural sector which includes sound recording, art exhibitions, theatrical production, book publishing falls under the jurisdiction of the provinces, and the vast majority of film and television programming production.
To date, Quebec is the only province with legislation granting collective bargaining rights to self-employed artists. The necessity for provincial legislation was recognized by the Standing Committee on Canadian Heritage in its ninth report in 1999. This view was expressed again in the Department of Canadian Heritage's evaluation of the provisions and operations of the Status of the Artist Act carried out in 2002 (referred to as "evaluation report" in this document). Since the adoption of enabling legislation on the status of the artist in 2002, the Saskatchewan government has been studying the possibility of introducing a legal collective bargaining framework for some artistic work in that province. The Ontario Culture Minister's Advisory Council for Arts and Culture has undertaken an official study of status of the artist in Ontario. The Tribunal supports the adoption of status of the artist legislation by more provinces and will continue to provide information to policy makers and others interested in the benefits of such legislation.
Because artists' associations lack sufficient time and resources, they would rather negotiate with producers' associations than with individual producers. And many government producers would prefer to designate one department as their lead negotiator. One of the recommendations from the evaluation report was to give consideration "to establishing one bargaining authority for all federal government departments". The Tribunal supports this recommendation, as it would facilitate the bargaining process and make it more cost-effective.
Like all federal institutions, CAPPRT faces the challenge of carrying out its statutory responsibilities and fulfilling the increasing requirements for transparent and accountable reporting, while at the same time being careful in the spending of public funds. At its creation in 1993, CAPPRT adopted efficient business practices, and in the spirit of the day soon adopted a clear statement of objectives, high standards for service delivery, a comprehensive performance measurement framework and transparent reporting on its activities and results. CAPPRT's management team embraced this framework at its inception and has been continually guided by it as it evolves.
As a very small agency, CAPPRT faces a particular challenge in operating in that there are a myriad of tasks for a small staff. This is compounded by the fact that the workload is unpredictable and changing, as parties themselves decide whether to bring cases to CAPPRT. To meet these particular challenges, CAPPRT has followed a number of practices, such as contracting-out and sharing of accommodation, as described in Section III under Organizational Information. Tribunal members are appointed on a part-time basis, a fact which adds to our economic efficiency as they are called on and paid only as needed; however this makes scheduling more difficult as they have other commitments. All Tribunal members are currently bilingual, a situation which facilitates the scheduling of cases.
In encouraging constructive labour relations between self-employed artists and producers in its jurisdiction, CAPPRT expects that artists' income and working conditions will improve, artists will be more likely to pursue their careers in the arts and provide an adequate pool of highly talented and trained artists, and a predictable labour environment will result. In this way, CAPPRT contributes to two of the outcomes pursued by the Government of Canada through its legislation, policies and programs:
|Strategic Outcome: Constructive professional relations between self-employed artists and producers in CAPPRT's jurisdiction|
|Priority||Type of Priority||Program Activity||Planned Spending ($ millions)|
|1. Deal with matters with high quality service||Processing of cases||1.2||1.2||1.2|
|2. Fully inform and assist clients||Ongoing||Processing of cases||0.7||0.7||0.7|
|3. Work on amendments to the Act and other changes||Previously committed||Processing of cases||*|
The Tribunal will achieve its sole strategic outcome of developing constructive relations between self-employed artists and producers in its jurisdiction by implementing its priorities as follows.
Deal with requests under the legislation with high quality service
The Tribunal continues to deal with new issues and to establish its own jurisprudence since there is only one other jurisdiction in Canada with similar legislation (Quebec). This "newness" presents a challenge for timeliness in decision making on some cases. It is important that we maintain a strong research capacity to ensure that the Tribunal's decisions are fair and reflect the realities of the client community. We will continue to organize information and training sessions for Tribunal members on new and relevant topics as they arise. The new case management database is in use although it is not yet fully functional. The timetable for its completion has been modified in line with the availability of staff resources.
Fully inform and assist clients
CAPPRT will continue to inform artists, artists' associations and producers about their rights and obligations under the Status of the Artist Act through presentations and communications materials. It will also hold meetings with government producers who are negotiating under the Act, a need that was identified in the meeting it held with government producers in May 2005.
With respect to other kinds of assistance, CAPPRT will continue to encourage parties to resolve as many differences as possible prior to a hearing. When appropriate, staff will investigate the situation and provide mediation assistance. This informal approach to resolving differences will reduce the number of hearings and panel decisions, and save time and money for CAPPRT and its clientele.
Work on amendments to the Act and other changes
CAPPRT staff will continue to work with staff from Canadian Heritage (DCH) and Human Resources and Social Development on obtaining amendments to the Status of the Artist Act and other changes which would make the Act more effective in achieving expected results, as was pointed out in the evaluation report of 2003. Although CAPPRT is not in control of this work (it is the responsibility of DCH), these changes are a priority for CAPPRT. Various amendments, such as requiring arbitration in specific situations for the settlement of first agreements, and other changes recommended in the evaluation report would facilitate the goal of successful negotiations following certification.
To guide it in the achievement of its objectives for improved management, the government has adopted the Management Accountability Framework. It is an all-encompassing framework that brings together the management-focussed initiatives underway in various areas, such as Modern Comptrollership, Human Resources Modernization, Service Improvement and Government On-Line.
In line with government initiatives, CAPPRT is committed to continuous improvement of its management practices. CAPPRT will continue to work in a cluster group with three other small quasi-judicial agencies: the Competition Tribunal, the Copyright Board and the Transportation Appeal Tribunal. In the cluster group, the agencies aim for greater efficiency and effectiveness in their efforts by undertaking joint initiatives and sharing experiences and expertise. The focus of the group for 2006-2007 will be on:
CAPPRT will continue to contract out for services that are not required on a full-time basis. It will be renegotiating the Memorandum of Understanding under which it has provided accommodation and some administrative services to the small office of Environmental Protection Review Canada.
Strategic Outcome: Constructive professional relations between self-employed artists and producers in the federal jurisdiction
The indicators and targets below are used to monitor whether CAPPRT is achieving its strategic outcome. Two indicators of constructive professional relations have been withdrawn as recommended by a consultant who was commissioned to develop an evaluation framework for CAPPRT. The indicators that were removed were: greater recognition and improved wages and working conditions for artists, and a stable and predictable working environment for artists and producers. These measures are not under the control of the Tribunal and are rather objectives of the Status of the Artist Act.
Also, the target for the indicator "Proportion of certified artists' associations with a first agreement within five years of certification" has been changed. The new target is "a minimum of 80 percent of certified artists' associations have negotiated at least one new scale agreement within five years of certification". The previous target of 100 percent was unrealistic since, among other reasons, there is no provision for first contract arbitration in the legislation and therefore parties may be involved in bargaining for many years without ever concluding an agreement. Furthermore, some associations will likely not negotiate with the government producers unless until there is an association of such producers.
|Percentage of complaints resolved without a hearing||At least half of all complaints are resolved without a hearing.|
|Proportion of certified artists' associations with a first agreement within five years of certification.||80 percent of certified artists' associations have negotiated at least one new scale agreement within five years of being certified.|
CAPPRT has several performance measures or indicators that assist it in monitoring whether its objectives are being achieved.
Objective 1: Deal with requests under the legislation with high quality service
CAPPRT's first objective remains dealing with requests under the legislation with high quality service. This refers to prompt and high quality work of staff, for example, in preparing cases and providing legal advice, and of members, for example, in deliberating and making decisions. The indicators and targets for measuring high quality processing of cases remain the same and are found below.
|Average time to issue reasons for a decision after the hearing in all cases||Maximum of 60 calendar days|
|Average time to process all cases (from the date of receipt of the completed application to the date of the decision)||Maximum of 200 calendar days|
|Percentage of Tribunal decisions upheld under judicial review.||More than 50 percent|
Objective 2: Fully inform and assist clients
|Quality and timeliness of information bulletins||At least three information bulletins are issued annually. Clients are satisfied (as determined by client consultations).|
|Quality of the Tribunal's Web site||The Web site contains timely and accurate information and meets Government On Line standards. Clients are satisfied (as determined by client consultations).|
|Success of information sessions for clients||Clients are satisfied, as determined by survey of attendees.|