A: ACTRA and the Association of Canadian Advertisers (ACA) have reached a tentative agreement on a one-year renewal of the National Commercial Agreement (NCA). Any changes will come into effect upon ratification.

While eligible voters must decide how they would like to vote, your Negotiating Committee and ACTRA’s National Council have unanimously recommended voting yes in support of the renewal agreement.

The renewal agreement provides stability for our industry and includes a 2% increase to all rates and fees.

In addition to the existing residual rates, the agreement includes a pilot project to test a simplified residual option, providing pre-paid bundles of television and digital use for 13 weeks, 6 months and 1 year. Engagers have flexibility in airing commercials. Performers get residuals upfront.

For questions about the National Commercial Agreement, please email ACTRA’s help desk between 9:30 a.m. and 5:00 p.m. ET (6:30 am – 2:00pm PT, 7:30am – 3:00pm MT, 8:30am- 4:00pm CT, 10:30am-6:00pm AT, 11:00 am-6:30pm NL) Monday to Friday: referendum@actra.ca.

Yes. The NCA and L&R Commercial Addendum are one collective agreement containing all of our workplace terms and conditions. The 2% increase will also apply to the rates and fees outlined in the L&R Commercial Addendum.

There is a lot of work still to do consulting with industry partners on the new simplified NCA and the ongoing work with ICA locking-out agencies to bring them back into an agreement. This one-year renewal agreement provides stability and work opportunities while we engage in consultations with members and industry partners to review the work done to date on a draft simplified contract and discuss further steps to modernize the agreement.

A 2% increase will be applied to all minimum fees for the term of the agreement. ACTRA made it clear that while providing stability and work opportunities is a priority, there needed to be an increase in rates during this period that was both reasonable and consistent with past practice. We know these are tough times, particularly as members are impacted by the lock-out.

In addition to the existing residual options in the NCA, Engagers will have access to a new streamlined pilot project bundle of television and digital use for 13 weeks, 6 months and 1 year. These “bundled rates” are exclusive of session and related fees and insurance and retirement contributions.

This pilot project is in response to the need advertisers and agencies have for flexibility in the airing of commercials. It also meets the industry need to air commercials on television and through digital media at the same time.

The minimum rates for the pilot project are based on current National Network televisions use rates and digital media use. As an incentive to pre-pay for a full year, the usual length of a media buy for digital use, a discount is applied. The shorter the period of use, the lower the discount.

These rates are use only, exclusive of session fees, insurance and retirement contributions and are an option available to engagers in addition to existing use fees.

The bundles are paid upfront with the first airing of the commercial.

These bundles are a tool to help compete and provide an option to help our engagers capture non-union work.

The bundle rates are minimums that are subject to negotiation.

Example 1: A Principal Performer is engaged for a national network ad, which runs for a 13 week television cycle. The commercial is then renewed for another 13 weeks, and 1 year on digital. At minimum rates, the performer would be paid $5221. They are paid for one television cycle at a time.

Under the bundle option, there is a 14% reduction to the performers fees, however they are paid upfront as opposed to receiving payments one cycle at a time. In this example, they would be paid $4000.

Example 2: A Principal Performer is engaged for a national network ad, which runs for four 13 week television cycles and 1 year on digital. At minimum rates, the performer would be paid $9167.  They are paid for one television cycle at a time.

Under the bundle option, there is a 21% reduction to the performers fees, however they are paid upfront as opposed to receiving payments one cycle at a time. In this example, they would be paid $7200. Note: Historically it is rare for an engager to air a commercial for four television cycles.

The goal of this payment structure is to provide engagers with the ease and flexibility. In exchange for the flexibility, performers benefit from being paid upfront. This kind of approach is seen in non-union commercial breakdowns. Now engagers can use this streamlined and simplified model with professional ACTRA performers.

In this new model, performers will receive upfront “bundled” payments for television and digital media for the contracted period of use (13 weeks, 6 months, 1 year).

Currently, residuals are paid 20 business days from the first air date. A commercial running on television and then on digital media would pay use potentially at different times depending on the air date. If a commercial were to be renewed, the performer would wait until 20 days into that renewal period and would only find out that the commercial was airing once they got paid.

The new deal offers certainty to the performer and their agent on the length of the commercial cycle. Conflicts apply. Performers and agents may negotiate above minimum rates.

No. This NCA agreement is with the Association of Canadian Advertisers (ACA). ACTRA members who work on commercials have been locked out by the Institute of Canadian Agencies (ICA) since April 26, 2022. The campaign to have brands and their agencies end the lock-out continues.

It is important for members eligible to vote to stand up in solidarity for commercial performers by voting in favour of this agreement. If union busters who are looking to eliminate unionized workers from commercial productions in Canada succeed, attacks in our other work jurisdictions - including film and television production - may be next.

An E-mail with your unique access key (this is your unique secure hyperlink to access the online voting site) was sent to eligible voters by E-mail at 9:00 a.m. ET (6:00 am PT, 7:00am MT, 8:00am CT, 10am AT, 10:30am NL) on Thursday, MAY 18, 2023, from: invitations@mail.electionbuddy.com.

If you have not received an E-mail with your unique access key, please contact ElectionBuddy’s help desk between 9:00 a.m. ET and 5:00 p.m. ET  Monday to Friday by E-mail (actra@electionbuddy.com).

The voting period has been extended for an additional 14 days. Voting closes at 9:00 a.m. ET  (6:00 am PT, 7:00am MT, 8:00am CT, 10am AT, 10:30am NL) on Thursday, JUNE 15, 2023.   We will announce whether the membership has voted in favour or against the renewal agreement.

ElectionBuddy Inc. will count the ballots and report on whether the vote is in favour or against the ratification. The scrutineer, ElectionBuddy Inc., is a high integrity cloud-based voting platform that allows member-based organizations to send notice, record the vote, tally and share the results for online elections and referendums. ElectionBuddy Inc. assures that your ballot is treated with the utmost confidentiality.

The National Council voted to amend the criteria to ensure that as many Commercial Performers as possible could be included in this Ratification vote.

Please find full eligibility criteria below.

The qualification period to be eligible to vote on the NCA ratification is August 5, 2017 to March 31, 2023.

For each Branch/Local Union:

• All Full Active Members in good standing who have worked under the 2017-2021 NCA and/or NCA L & R from August 5, 2017 to May 31, 2022 or under the ACA-ACTRA NCA and/or NCA L & R from June 1, 2022 to March 31, 2023
• Apprentice Members who have 2 engagements in a residual category under the 2017-2021 NCA and/or NCA L & R from August 5, 2017 to May 31, 2022 and/or under the ACA-ACTRA NCA and/or NCA L & R from June 1, 2022 to March 31, 2023
• Apprentice Members in a background role who have worked the required number of days under the 2017-2021 NCA and/or NCA L & R from August 5, 2017 to May 31, 2022 and/or under the ACA-ACTRA NCA and/or NCA L & R from June 1, 2022 to March 31, 2023
• Additional Background Performers who have worked the required number of days under the 2017-2021 NCA and/or NCA L & R from August 5, 2017 to May 31, 2022 and/or under the ACA-ACTRA NCA and/or NCA L & R from June 1, 2022 to March 31, 2023
• Permittees or other non-members who have 2 engagements in a residual category under the 2017-2021 NCA and/or NCA L & R from August 5, 2017 to May 31, 2022 and/or under the ACA-ACTRA NCA and/or NCA L & R from June 1, 2022 to March 31, 2023
• Permittees or other non-members who have worked the required number of days in a background role under the 2017-2021 NCA and NCA L & R from August 5, 2017 to May 31, 2022 and/or under the ACA-ACTRA NCA and/or NCA L & R from June 1, 2022 to March 31, 2023

If you have questions about your eligibility, or you think you should have received a ballot, please contact ACTRA’s help desk between 9:30 a.m. and 5:00 p.m. ET (6:30 am – 2:00pm PT, 7:30am – 3:00pm MT, 8:30am- 4:00pm CT, 10:30am-6:00pm AT, 11:00 am-6:30pm NL) Monday to Friday by E-mail (referendum@actra.ca).