Introduction

The Ontario Federation of Labour (OFL) is the central labour body, chartered by the Canadian Labour Congress, representing the majority of unions in the Province of Ontario. The OFL represents approximately 700,000 affiliated members in more than 1,500 affiliated locals. OFL members include hundreds of occupations from public sector employees to construction workers, from teachers to manufacturing workers and a growing number of private and service sector employees. The OFL provides its affiliated unions, union locals and labour councils with services in the fields of communications, education, health care, research, legislative and political action, human rights, health and safety, workers’ compensation and arts and labour.

The Importance of the Cultural Sector in Ontario

In 1993, the OFL passed a policy on the arts, Towards a Living Culture, that addressed the issues that workers in the cultural industry face on a daily basis. In 1997, the OFL adopted a Policy Paper entitled Cultural Work that acknowledged that the arts and culture sector is one of the largest and fastest growing industries in Ontario. It pointed out the important contribution that artists make towards the cultural, social, economic and political richness of Ontario. We also acknowledged that artists by nature have to adopt multiple roles in the workplace to survive. For example, they can be independent contractors one day, dependent contractors the next day and the following week be employees, all the while switching back from provincial to federal jurisdiction. One of the main recommendations in the policy paper was the need for the Ontario government to recognize that artists should have equal access to the same rights as other working people.

The Purpose of the Submission

As a central labour body, the OFL is advocating for legislation that would give collective bargaining rights to those cultural workers who are not able to be represented by a union or association under current labour legislation. It was confirmed by the working group that legislation is needed. An Ontario specific Status of the Artist legislation would be a way to give thousands of cultural workers, both organized and unorganized, the right to be represented by unions and associations through fair and enforced legislative protections. 

The definition of “employee” in the Employment Standards Act should be expanded to include artists while maintaining their status as independent contractors for tax purposes. Artists should be entitled to basic rights such as overtime pay and rest breaks.

The welfare of child artists must be a priority. Child artists are an essential part of the performing arts and they need standards enshrined in legislation that protects their physical and moral health, education and earnings.