Brief

The Cinematographic Works (Right to Remuneration) Regulations were enacted by the Canadian government on April 22, 1999. These regulations provide a framework for ensuring that performers in cinematographic works receive remuneration. The prescribed cinematographic works include films and videos produced under specific conditions, such as receiving funding from Telefilm Canada or being recognized by the Canadian Radio-television and Telecommunications Commission as a Canadian program. The regulations come into force on April 22, 1999.

Cinematographic Works (Right to Remuneration) Regulations

SOR/99-194

COPYRIGHT ACT

Registration 1999-04-22

Cinematographic Works (Right to Remuneration) Regulations

P.C. 1999-741  1999-04-22

His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to subsections 17(3)Footnote a and 62(1)Footnote b of the Copyright Act, hereby makes the annexed Cinematographic Works (Right to Remuneration) Regulations.

Interpretation

 The definitions in this section apply in these Regulations.

Canadian government film agency

Canadian government film agency means a federal or provincial  agency engaged in the development and production of cinematographic works. (organisme cinématographique gouvernemental canadien)

Canadian program

Canadian program means a Canadian program as defined in subsection 2(1) of the Pay Television Regulations, 1990, in section 2 of the Specialty Services Regulations, 1990, and in section 2 of the Television Broadcasting Regulations, 1987. (émission canadienne)

Prescribed Cinematographic Works

 The following are prescribed cinematographic works for the purposes of section 17 of the Copyright Act, namely, a cinematographic work in which a performer’s performance has been embodied as a result of an agreement entered into by the performer on or after April 22, 1999:

  • (a) in respect of which the Minister of Canadian Heritage has issued a Canadian film or video production certificate under the Income Tax Act;

  • (b) that is recognized as a Canadian program by the Canadian Radio-television and Telecommunications Commission; or

  • (c) that has received production funding from Telefilm Canada, or other Canadian government film agency.

  • 2002. c. 17, s. 15

Coming into Force

 These Regulations come into force on April 22, 1999.

Highlights content goes here...

Purpose

The primary purpose of these regulations is to establish the Cinematographic Works (Right to Remuneration) Regulations, which provide a framework for ensuring that performers in Canadian cinematographic works receive fair remuneration for their performances. This regulation aims to address concerns regarding the exploitation of performers’ work and promote fairness and transparency in the film industry.

Key Provisions

The key provisions of these regulations include:

  1. Definition of Canadian Government Film Agency: The regulations define a Canadian government film agency as a federal or provincial agency engaged in the development and production of cinematographic works.
  2. Prescribed Cinematographic Works: The regulations prescribe certain cinematographic works that are eligible for remuneration, including those:

    • In which a performer’s performance has been embodied as a result of an agreement entered into on or after April 22, 1999
    • For which the Minister of Canadian Heritage has issued a Canadian film or video production certificate under the Income Tax Act.
    • Recognized as a Canadian program by the Canadian Radio-television and Telecommunications Commission (CRTC)
    • Have received production funding from Telefilm Canada, or other Canadian government film agency

  3. Coming into Force: The regulations come into force on April 22, 1999.

Industry Impact

These regulations have a significant impact on the film industry in Canada. They provide a framework for ensuring that performers receive fair remuneration for their work, which can lead to:

  1. Increased Transparency: By prescribing certain cinematographic works and defining Canadian government film agencies, these regulations promote transparency and accountability within the film industry.
  2. Fair Remuneration: The regulations ensure that performers are compensated fairly for their work, which can lead to improved relationships between performers and producers.
  3. Promotion of Canadian Film Industry: By recognizing certain cinematographic works as Canadian programs, these regulations promote the development and production of high-quality Canadian films.

Updates/Amendments

The Cinematographic Works (Right to Remuneration) Regulations have been updated through:

  1. 2002 Amendment: The regulations were amended in 2002 to clarify certain provisions.
  2. Repeal or Revision: There is no information available regarding any repeal or revision of these regulations.

These updates and amendments demonstrate a commitment to refining the regulations and ensuring they remain effective in promoting fairness and transparency within the film industry.

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