CREW TERMS & CONDITIONS
CREW TERMS & CONDITIONS OF EMPLOYMENT - December 20, 2017
These "Terms & Conditions" have been drafted to help define working conditions on commercial productions produced with CPAT member companies. This agreement covers all persons hired by those production companies.
The basic workday shall consist of ten (10) hours of work. There shall be no night or weekend premium. Flat fees are unacceptable under any conditions with the exception of legitimate Public Service Announcements (“PSA’s”) and Non-Funded “Spec” work. The Production Company must list the charity number of the “PSA” on their call sheet or make it available upon request. Flat rates are to be negotiated at time of booking on an individual basis. Wrap time will be determined by actual out time and not Camera wrap.
The basic workweek shall consist of any five (5) consecutive shooting days.
In the event a job shoots for a sixth (6th) consecutive shoot day: The rate for the first ten (10) hours worked shall be one and one half (1.5x) times the basic hourly rate. Work performed in excess of ten (10) hours shall be paid at two (2x) times the basic hourly rate for the next two (2) hours and three (3x) times the basic hourly rate thereafter.
In the event a job shoots for a seventh (7th) consecutive shoot day: The rate for the first ten (10) hours worked shall be two (2x) times the basic hourly rate. Work performed in excess of ten (10) hours shall be paid at, and not exceed, three (3x) times the basic hourly rate.
Under no circumstances will the basic hourly rate exceed three times (3x) or “Triple Time”.
There is no provision for a five (5) hour shoot day. Minimum shoot day length is ten (10) hours. A shoot day is determined as a day in which principle photography has commenced. Camera and Colour tests are not considered as principle photography.
Tech Scouts are also based on a ten (10) hour minimum. If the Key is NOT available for the tech scout then, if approved by the DP or Director, the 2nd or 3rd can go in their place. The replacement for the Key will be paid the key rate for that tech scout day only.
PRE-LIGHT, RIGGING AND WRAP CALLS:
Five (5) hour calls can be used for pre-rigging, pre-lights and wrap calls. Five (5) hour Travel days are also acceptable. Anything over the five (5) hour call must be reflected in two (2x) times the prevailing rate. Travel time shall be calculated in fifteen (15) minute increments. The "Crew Liaison" and "Production Manager" will discuss and agree on length of travel time.
Overtime will be paid at one and one half (1.5x) times the basic hourly rate for work performed in excess of ten (10) hours, two (2x) times the basic hourly rate for work performed in excess of twelve (12) hours, and three (3x) times the basic hourly rate for work performed in excess of fourteen (14) hours on any one call. Overtime is to be calculated in one half (.5) hour increments and shall not exceed three (3x) times the basic hourly rate.
REST PERIOD AND TURNAROUND:
There shall be a minimum ten (10) hour rest period (“Turnaround”) between the conclusion of one day and the commencement of the next, on a per job basis. Encroachment of this rest period will be paid at three (3x) times the basic hourly rate until the ten (10) hour rest period has been completed. Rest Periods on jobs with a longer duration than five (5) shoot days will be determined as 24 hours (the down day). This "Down Day" can be scheduled within the multiple day shoot (ie. Shoot x 2 days, Down Day, Shoot x 4 days or Shoot x 5 days, Down Day, Shoot x 1 day, etc.) There must always be a 24 hour break after five consecutive shoot days.
It is the responsibility of production to inform the crew of a possible night shoot at time of booking. "Night Shoots" should be defined as anticipated wrap time at time of booking. If production plans to shoot past midnight, crew must be informed.
If the travel day is booked as a five (5) hour travel day, anything over the five (5) hours must be reflected in two (2x) times the basic hourly rate. If the travel day is booked as a ten (10) hour travel day, anything over the ten (10) hours must be reflected in one and a half (1.5x) times the rate. The day will be determined on a Lobby (leaving from the hotel/motel etc.) to Lobby (returning to the hotel/motel etc.) basis. Lobby to Lobby applies to the entire crew and is not limited to the crewmembers that have been provided transportation by Production. Travel time shall be calculated in 15 minute increments. The "Crew Liaison" and "Production Manager" will discuss and agree on length of travel time.
To avoid penalties, the Production Company must postpone a technician’s call no later than forty-eight (48) hours prior to the proposed shoot day. If a crewmember, who has been booked, is not available for the newly proposed shoot date(s) then that crewmember must be paid for one ten (10) hour day. Production can only postpone one (1) time in any given shoot period. Any additional postponement on that project would result in complete payment for the crew already booked on that project.
Weather calls must be made by one (1) pm the day before the proposed shoot day. Production will be allowed one (1) weather day hold per five (5) day workweek. If a crewmember has another booking for the weather hold day they can request, from Production, that they be released from their hold. The “Production Manager” will clear the release with the “Director of Photography” or the “Director”. (Depending on which category of crew is requesting the release). If the technician cannot be released by “Production” then he or she will be paid for the weather day hold regardless of the need to use the weather day or not. It is the crewmember's responsibility to replace themselves and to inform the PM by one (1) pm the day before the proposed “Weather Day” of who that replacement crewmember will be. The Company may cancel calls for crew working on a daily basis up to one (1) pm on the day prior to a weather day.
Production Companies will make best efforts to schedule around shooting on Holiday Weekends unless absolutely necessary due to location or talent reasons. The following shall be paid holidays when worked: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day. The basic hourly rate of pay for paid holidays when worked shall be two (2x) times the prevailing rate and will not exceed three (3x) times the basic hourly rate.
If Production cancels ten (10) calendar days, or less, before the first (1st) proposed shoot date all booked crew will be paid in full.
When a crew member is asked to "Hold" a day it is understood that that is not a paid day but a day kept clear for a potential up-coming production or a potential weather scenario. As this is not a "Booking" it is also understood that that crew member can request a release from that hold or ask to be "Booked" and paid for that day as described in the "Weather Day" paragraph above.
When shooting outside the local boundaries, travel time shall commence and end at the Metro Toronto Boundary closest to the location (See Map). Travel time will be calculated in prevailing rate.
If your location were in Barrie Ontario, the crew would be on the clock commencing at Steeles Ave. (Metro Toronto Boundary) and Hwy #400. The crew would remain on the clock until the time it took to return back to that same point. The time it takes to travel from Metro Toronto Boundary to location and back should be established and agreed to prior to the shoot by the “Locations Department” and “Production”. The "Crew Liaison" and "Production Manager" will discuss and agree on travel time back to the boundry.
From Lake Ontario, North on Winston Churchill Blvd. (Rte. 19) to Hwy #7
East on Hwy #7 (which turns into Castlemore Dr.) to Hwy #50
North on Hwy #50 to Major Mackenzie Dr. (Rte. 25)
East on Major Mackenzie Dr. to Rte. 30
South on Route 30 to Seventh Concession
East on Seventh Concession to Rte 23 (Lakeridge Rd.)
South on Lakeridge Rd. to Lake Ontario.
When shooting outside the local boundaries, travel time shall commence and end at the Metro Toronto Boundary closest to the location.
If your location is in Barrie Ontario, crew would be on the clock commencing at Steeles Ave. (Metro Toronto Boundary) and Hwy #400 and would remain on the clock until the time it took to return back to the same point.
The time it takes to travel from Metro Toronto Boundary to location
and back should be established prior to shoot by Locations / Production.
There will be no travel time back to the first location within the local boundaries.
On shoot days with multiple locations Crew will only be responsible for pay parking only once over the duration of the shoot day. “Production” must reimburse any additional parking costs or provide transportation.
When the Crew is traveling to and from a location(s) outside the local boundaries, the “Production Company” shall provide transportation, if required.
When the Crew are on location and are required to remain overnight or longer, appropriate accommodations and meals shall be provided. When not adequately provided, production will pay $15.00 for Breakfast, $17.00 for Lunch and $25.00 for Dinner. If Craft services are providing an adequate breakfast, then time would be given before crew call (a pre-call), allowing time to eat the meal. This time is unpaid. While away, if Dinner is not being catered or paid for at a proper restaurant, "Production" will provide substantials to avoid meal penalties but will still be required to pay $25.00 for "Dinner". Production will allow for $25.00 a day per person for incidental travel costs (i.e.: Phones, Laundry...) this money is paid in addition to any meals not provided. The "Crew Liaison" and "Production Manager" will discuss and agree on what defines an 'adequate' meal prior to arranging it. The $25 is for overnights only and not needed for travel home days.
The crew will select a "Crew Liaison" on the first (1st) shoot day within two (2) hours from the main crew call. The "Crew Liaison" cannot be a "Key" crewmember. The "Crew Liaison" would then be the spokesperson for the entire crew for all the issues that arise on their shoot days. The "Crew Liaison" would work with the "Production Manager", the "Producer" and the "First Assistant Director" to resolve any issues. It is understood that the "Crew Liaison" is speaking on behalf of the crew. The "Crew Liaison" can poll his/her peers if he or she wishes but is not required to do so. When elected, the "Crew Liaison" holds the authority to decide without any further counsel if they wish. There will be no attempt to undermine that position by production.
The "Crew Liaison's" responsibilities include but are not limited to:
*Meal Breaks - Time in / Time Back - Grace period
*Travel time to and from location
*Ensuring the rest of the crew is aware of, and included in, those decisions.
*General set concerns from either Crew or Production. (Mediate)
All rates include 4% vacation pay.
“Crewmembers” being asked to take on “Key” responsibilities must be paid the “Key” rate. If a “Crewmember” is upgraded to a “Key” then they must be paid the “Key” rate from the time of the upgrade, not from the start of the day. Once a “Crewmember” is upgraded, that crewmember remains at the “Key” rate for the duration of that shoot day. “Second Units”, working independently of the main unit, must always have a “Key” crewmember present. The “Make-Up” and/or “Hair” department should have more than one “Key” if the shoot involves numerous on-camera talent.
The actual amount of the annual hourly rate increase will be discussed and agreed to every January. This increase will be based on inflation and the strength of the commercial industry in Toronto.
(Effective January 1, 2018)
Assistant Director...........................................................................$1200 Per Day
Production Coordinator....................................................................$400 Per Day
Production Assistant........................................................................$250 Per Day
Location Scout................................................................................$600 per day (Inc Car)
Location Manager............................................................................$600 per day (Inc Car)
Location Assistant............................................................................$350 Per Day
Stylist.............................................................................................$600 per day (Prep Only)
Production Designer.........................................................................$1100 Per Day
Art Directors....................................................................................$650 Per Day (When No PD)
Prop Buyer.......................................................................................$600 Per Day
Assistant Buyer..................................................................................................$450 Per Day
Set Decorator...................................................................................$325 Per Day
Lead Person......................................................................................$275 Per Day
Art Production Assistant......................................................................$250 Per Day
Car Allowance....................................................................................$35 Per Day
Cell Phone Allowance...........................................................................$10 Per Day
The “Production Assistant” base day rate is $250.00 for sixteen (16) hours worked. The seventeenth (17th) and eighteenth (18th) hours worked will be an additional $25.00 per hour up to eighteen (18) hours.
“Production Assistants” are expected to complete “Basics of Fall Protection”, "Aerial Safety", “Propane”, and “First Aid” certifications within six months of entering the industry.
“Production Assistants” shall be given at least eight (8) hours "turnaround" between the conclusion of one day and the commencement of the next. "Turnaround" is job specific and does not apply over multiple jobs. "Production Assistants" will be paid for the days they are booked.
If a “Production Assistant” feels it is unsafe for them to drive a vehicle, for any reason, they must not be required to do so by the “Production Manager”.
The “Set Decorator” base day rate is $325.00 for sixteen (16) hours worked. The seventeenth (17th) and eighteenth (18th) hours worked will be an additional $25.00 per hour up to eighteen (18) hours.
"Production Companies" must pay timesheets within two weeks of the last shoot date and invoices within thirty(30) days of the last shoot date. Any errors on timesheets must only be corrected after speaking with, and receiving consent from, the individual. A copy of the time sheet should be included with pay cheque as well as a job ID on the cheque.
The Company may, at its discretion, provide for meals or allow for time spent traveling to a nearby restaurant. When lunch is provided on location by production, no travel time will be given. If lunch is provided “Off Site” then the Production Manager and "Crew Liaison" will determine the appropriate increment of travel time to and from the lunch location. Travel time will not be applied to studio shoots or locations where the meal is served “On Site”.
The “First Meal” or the “Second Meal” can be called between the fourth (4th) and sixth (6th) hours after the general crew call. Four (4) hour breaks should not be used twice in a one ten (10) hour day. (If lunch is called four (4) hrs after the general crew call then the next meal break should be called no sooner than six (6) hrs from the conclusion of the first break. (E.g.: Production cannot call lunch four (4) hours after general crew call and then call dinner only four (4) hours later). Note: The prior point does not apply to staggered calls (for one meal time during the day).
Meals are to last for a period of thirty (30) or sixty (60) minutes, as determined by the Production Manager and "Crew Liaison". Half hour meals will continue for one half (1/2) hour after the last crewmember has been served. This holds true for both “First” and “Second" meals. Half hour (.5) meal breaks are only acceptable under certain circumstances. With the exception of “Shooting with Children”, “Weather Conditions”, “Location Restraints” and “Available Light”, “Production” must request permission for half hour (.5) breaks from the "Crew Liaison".
At the discretion of the Crew, work may continue through the second meal break with the Crew "eating on the run" or "working through". Under this arrangement, the crew will add an additional half (.5) hour to the end of their day. That additional half (.5) hour is paid in prevailing rate and not considered a "Meal Penalty". Turnaround will be based on ten (10) hours from the wrap time on the time card. Ten (10) minutes grace is deemed as an acceptable length of time providing that it does not exceed that time. One minute over will trigger a “Meal Penalty”. Grace should only be asked of the crew when completing a setup. Grace should not be asked in order to begin a new setup. (E.g: changing camera position or beginning a new set up is not acceptable). The First (1st) hour of meal penalty shall be paid at two (2x) times the prevailing rate for work performed in excess of six (6) hours. The Second (2nd) hour of meal penalty shall be paid at triple time (3x) and continue until a meal break is provided. This penalty shall be calculated in one half (.5) hour segments and will not exceed three times (3x) the hourly rate.(“Triple Time”)
The "Second Meal" must be deemed as appropriate and agreed to by the "Crew Liaison".
Note: The term “Appropriate” when describing a meal is defined as a serving of food which is either hot when intended to be so (E.g.: Pizza), or fresh (E.g.: Sandwiches and Salads). Meals must be served within one (1) hour of the meal being prepared. Failure to provide an appropriate meal will result in the Crew remaining in meal penalty until a replacement meal can be provided. Production will provide options for second meal to the crew prior to ordering. The "Crew Liaison" will agree to the choice of 2nd meal prior to Production placing the order.
Best efforts must be made by production to provide a sit down second meal if deemed possible (by production). If crew wrap extends or is already determined to be more than one (1) hour, a courtesy meal must be provided by production. If a 14hr day is planned for, then the Second meal should be catered or provided for.
CLIENTS PRODUCT: (Major Fast Food Chains):
From time to time there will be occasions where a second meal will be provided from the client's restaurants that we are working for. This is an obvious consideration for the client and understood to be an acceptable 2nd meal option. Crew should be provided with as much meal variety as is possible depending on the specific client we're working with.
An on-set Health and Safety meeting will be held at the top of each shoot day, moderated by Assistant Director. This meeting will review all H&S concerns and potential hazards of filming at each specific location. A “Checklist” will be filled out on Tech Survey, which will outline the agenda for the H&S meeting.
It is now a requirement of the Province to have the “Ministry of Labour’s” YELLOW “Safety Guidelines for the Film and Television Industry in Ontario 5th Edition - June 2009” on set and make crew aware of its location. A hardcopy of this publication can be ordered:
Online at: http://www.publications.serviceontario.ca
By phone through the ServiceOntario Contact Centre
Monday to Friday, 8:30 a.m. to 5:00 p.m.
1 (800) 668-9938 Toll-Free Across Canada
ISBN 978-1-4249-9951-4 (Print)
ISBN 978-1-4249-9952-1 (HTML)
ISBN 978-1-4249-9953-8 (PDF)
An electronic copy of the publication can be found on the Ministry of Labour's Health and Safety webpage under Publications: Available online:
A properly stocked, Ministry approved “First Aid Kit” must be on all sets and readily available to crewmembers who might need it.
A “Health and Safety” chain of command should be recognized as: the “Assistant Director” then the “Production Manager” then the “Producer” and finally the “Executive Producer”. This chain of command will deal with any “Health and Safety” concerns that the any crewmember might have on set. The "Crew Liaison” will also be a participant in all “Health and Safety” matters.
A non-injury CPAT incident report sheet should be submitted to the “Producer” and “Executive Producer” for any non-injury occurrences that happen while on set.
Kit fees will be paid to Hair, Make-up and On-set Props only. Kit fees will not exceed $35.00 per day. If any of the other departments need to use their own expendables they must get approval from Production and, if agreed to, be reimbursed or re-stocked for the items used. (Sub-rentals are not considered “Kit Fees” and may include but not be limited to Harnesses, Lights, Ropes and Pulleys, Special Camera Equipment, etc.)
Crewmembers who need to use their cars for the purpose of production will be reimbursed $35.00 per day. This must be discussed with and agreed to by the Production Manager.
Parking tickets will be reimbursed by production based on legitimate job specific claims only.
PETTY CASH REIMBURSEMENT:
Petty Cash must be reimbursed within seven (7) working days of expense envelopes being turned in to the Production Manager. Production Managers must make best efforts to not delay expense envelopes from reaching accounting. Expense reimbursements may NOT exceed seven (7) working days.
DISPUTE RESOLUTION - "PAL":
The Personal Action Letter, or PAL has been designed to provide a confidential way for people who work in our Industry to bring a problem, concern, or opportunity to the attention of CPAT to assist in providing a resolution or at least a response.
We always encourage crewmembers to talk directly and firstly to “Production Managers”, “Producers” and “Production Company Owners” responsible for their job satisfaction. We realize that there may be situations where, for whatever reason, people may feel uncomfortable doing so. As a result, the idea behind the PAL program is to provide an additional means of communication on a confidential basis, should anyone feel that they have a problem that has not been resolved or a concern that they want to address directly to CPAT.
Any “Crewmember” may write a letter on the “PAL Form” that highlights a question, concern or opinion. The PAL process has to be submitted in writing. (It cannot be done with a phone call or conversation). A PAL form can be completed on-line @ www.cpat.ca . CPAT will acknowledge receipt of the PAL within three (3) business days.
Based upon the nature of the PAL, CPAT will direct it to the appropriate person for handling. In the case of a general suggestion or inquiry, a PAL coordinator and/or a CPAT Director will usually respond directly. In the event that the PAL is in respect of a specific CPAT Member Company, with permission, CPAT will send a copy of the PAL to either the “Executive Producer”, “Producer” or “Production Manager” for a prompt response.
The PAL Coordinator receives the response and communicates the suggested course of action. CPAT has targeted fifteen (15) business days from receipt of the original letter as a standard response time to get back with the appropriate action.
While the program has been structured to allow for both open and confidential communication, it is our recommendation that the crewmember sign their name to the PAL. If they are willing to provide their name, it makes it possible for CPAT to try to find a direct solution for their concern or appropriate recognition for ideas that may have industry-wide benefit. The right to be anonymous and/or to apprise us of a matter in the strictest of confidence is completely understood. Signed or unsigned, CPAT will follow-up every PAL as best they can with the information provided.
If the response or the action taken is unsatisfactory then the crewmember is invited to call or speak to a CPAT Director personally and/or contact a member of the Crew Liaisons who will be meeting or at least communicating with CPAT regularly to advance workplace issues and opportunities.
Each quarter, CPAT will summarize by category the nature of the letters for the purpose of highlighting trends and where necessary, to implement policy changes. Be assured, CPAT will never reveal names or personal circumstances.
The key to success for our Industry and for the production companies and crewmembers active in our Industry is open and effective communication. The PAL program, combined with town halls, meetings, one on ones, will build a stronger Industry by continually improving workplace relations.
The PAL letter can be downloaded or completed on the CPAT website.
At the beginning of each shoot day, the “Assistant Director” will run through the schedule for the benefit of the entire crew.
Periodically, throughout the calendar year, CPAT will be conducting surveys and holding meetings. The purpose of these meetings will be to allow all those involved in the making of commercials in Toronto to have a voice.
Representatives from both “Crew” and “Production” will meet 2 or 3 times a year to discuss important issues. The onus will be on these representatives to discuss and resolve these issues and in turn find a mechanism to disseminate the information.