Section I: Overview
Message from the Chairperson
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.
Management Representation Statement
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:
- It adheres to the specific reporting requirements outlined in the Treasury Board Secretariat (TBS)
guidance;
- It is based on CAPPRT's approved Program Activity Architecture structure as reflected in its Management, Resources and
Results Structure (MRRS);
- It presents consistent, comprehensive, balanced and reliable information;
- It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
- It reports finances based on approved planned spending numbers from the Treasury Board Secretariat in the Report on Plans
and Priorities.
John M. Moreau, Q.C.
Acting Chairperson and Chief Executive Officer
August 2, 2006
Summary Information
Reason for Existence
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.
Financial Resources ($ millions)
2006-2007 |
2007-2008 |
2008-2009 |
1.9 |
1.9 |
1.9 |
Human Resources (full-time equivalents)
2006-2007 |
2007-2008 |
2008-2009 |
10 |
10 |
10 |
Departmental Plans and Priorities
Operating Environment
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 economics of artistic endeavours
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.
Limitations of the Status of the Artist Act
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.
Small agency challenges
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.
Government of Canada Outcomes
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:
- Income security and employment for Canadians, and
- A vibrant Canadian culture and heritage.
Departmental Priorities by Strategic Outcome
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 |
* |
|
|
* No specific budget has been allocated to this priority as the cost involved is included in the first
two priorities.
Strategic Outcome: Constructive professional relations between self-employed artists and producers
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.
Management Priorities
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:
- implementing the new Internal Audit Policy and the new Policy on Learning, Training and Development;
- completing the implementation of the Public Service Modernization Act;
- improving on the management of government information by implementing information management tools being developed for small
agencies; and
- looking at the feasibility of participating in the Travel AcXess Voyage Project, which is part of the Shared Travel Services
Initiative.
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.
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Section II: Analysis of Program Activities by Strategic Outcome
Strategic Outcome: Constructive professional relations between self-employed artists and producers in the
federal jurisdiction
Financial Resources
Financial Resources ($ millions)
2006-2007 |
2007-2008 |
2008-2009 |
1.9 |
1.9 |
1.9 |
Human Resources (full-time equivalents)
2006-2007 |
2007-2008 |
2008-2009 |
10 |
10 |
10 |
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.
Indicator |
Target |
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. |
Program supporting this strategic outcome: Processing of cases
Performance Measurement Strategy
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.
Indicator |
Target |
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
Indicator |
Target |
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. |
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