Talent Agency Frequently Asked Questions

Why does the government regulate talent agents?
- Talent agents play a vital role in British Columbia's film and television industry and it is important that all aspects of the industry reflect the kind of professionalism for which B.C. is known.
  In response to entertainment industry requests, the B.C. government put regulations in place that would provide a framework to protect performers and ensure the film industry in B.C. continues to flourish.
When did the regulations become effective?
- The regulations became effective September 22, 1999.
Do I have to be licensed?
- Unless you are a licensed talent agent, any money you receive on behalf of a client must be turned over to the client in total. You will not be able to deduct any fees or commissions from the client's earnings or charge any fees for your services.
My business is located outside British Columbia - do I need to be licensed?
- If you are recruiting talent in British Columbia, the B.C. Employment Standards Act and Regulation require you to be licensed as a talent agency.
How do I get a licence? How do I renew my licence?
- Licensing information and application forms are available online.
  
  All licence applications are processed at the Employment Standards Branch office located at 210 - 4946 Canada Way, Burnaby, B.C., V5G 4J6 (Fax: 604 660-7047). Your submitted application must include a completed application form and a copy of your talent agency's standard contract. Your application form should be completed and signed by the Director(s), Officer(s) and Owner(s) of the talent agency. All new applications for a talent agency licence are investigated before it is determined whether or not a licence will be granted. Once it is determined that a licence will be granted, a bond (current amount: $725) is required along with the annual $100 licence fee.
  
  A talent agency must renew their licence annually by completing the application form and providing the $100 licensing fee.
  
  The Employment Standards Branch can be reached by calling 1 800 663-3316.
  
  If you are a new talent agency applying for a licence, a delegate from the Branch will contact you and interview you either in phone or in person, prior to issuance of a licence. The process for licensing a new agency can take several weeks due to the investigation required.
  
  If you are renewing your licence, you will receive it by mail, approximately two weeks after the Branch receives your application.
What criteria are used in granting a licence?
- Agents seeking a licence will be required to familiarize themselves with the Employment Standards Act and Regulation and provide any information requested by the Employment Standards Branch about their agency.
  
  The Director of Employment Standards may refuse to issue a licence to an applicant who is, or has been, in contravention of the Employment Standards Act or Regulation, or involved in any activity that the director determines to be illegal, dishonest, fraudulent or deliberately misleading, and which is related to the operation of the talent agency.
How long does it take to get a licence?
- New licence applications can take several weeks to be investigated prior to a Branch delegate determining if it will be granted.
  
  Renewal licences generally take less than two weeks to process.
How will the government monitor agents to make sure they are complying with the Regulations?
- The primary source of information about talent agents is the people the agents represent.
  
  Any complaints the Employment Standards Branch receives about an agent will be investigated. If an agent is not meeting the requirements of the regulations, their licence can be suspended or cancelled.
  
  The Director of Employment Standards can suspend or cancel a talent agency's licence if the talent agency:
  - Makes a false or misleading statement in its application for a licence.
  - Contravenes the Employment Standards Act or Regulation.
  - Does not display the agency’s licence number on all public advertising.
  - Is or has been involved in any activity that the director determines to be illegal, dishonest, fraudulent or deliberately misleading, and which is related to the operation of the talent agency.
What happens if there is a complaint?
- In most cases the Employment Standards Branch will contact you to get more information and try to resolve the complaint.
  
  If the complaint cannot readily be resolved, the Branch will conduct an investigation. When the investigation is complete the Branch can issue a Determination (a decision).
  
  If it is determined that you owe a client money, the Director of Employment Standards may initiate collection action to recover funds.
If I lose my licence what can I do to get it back?

That depends on whether your licence has been suspended or cancelled.

If your licence has been suspended because you do not meet a condition of the Employment Standards Act or Regulation, your licence can be re-instated once you are in compliance with the Act.

If your licence has been cancelled, you may reapply to the Director of Employment Standards.

Can I operate a modelling school as well as being a talent agent?
- This can be a conflict of interest, as a talent agency can be found to be in contravention of the Employment Standards Act and Regulation by charging for these other services. No fees other than those allowed by the Regulation can be charged to or deducted from a performer or technical creative film person. Persons referred to as "models" working in film, television, television commercials and radio commercials are often found to be performers, extras or actors covered by the provisions of the Employment Standards Act and Regulation.
Do booking fees count as commission?
- In some sectors of the industry, a producer may pay a talent agent directly for providing talent. This is sometimes called a "booking fee."
  
  Booking fees are not part of a performer’s income and are not subject to the requirements of the Employment Standards Act.
  
  Confusion about what is a booking fee and the performer’s resulting commissionable income can result if the booking fee is shown on the performer’s pay statement as part of the performer's income.
  
  Employers and their payroll departments or services must ensure these payments are processed separately.
Can I charge annual fees or registration fees?
- No.
I use a specialized Internet service. Can I bill my client for putting their resume or information online?
- No, you may not bill or charge your client for this service. The cost for online photo services such as "The Casting Workbook" or "The Link" must be paid directly to the service, by the client. It is up to the client to decide if they want their photo or information to be put online at their expense.