4.3 Results – Government representatives

We conducted three telephone interviews with government representatives. We talked to Louise Dion of the Ministère de la Culture et des Communications, Hélène Lavallée of the Commission de reconnaissance des associations d’artistes et des associations de producteurs, and Josée Dubois and Lorraine Farkas of the Canadian Artists and Producers Professional Relations Tribunal (CAPPRT).

These interviews were shorter and less detailed than those conducted with collectives and artists’ associations. These respondents’ comments provide a diversity of perspectives.

Contribution of Statutes on the Status of the Artist

The Quebec statutes have undeniably had a structuring effect on their respective fields. Each statute, however, does not contribute equally. Act S-32.1 has generated many agreements, while Act S-32.01 has not. The Commission de reconnaissance (CRAAAP) has dealt much more frequently with Act S-32.1. Act S-32.01 had a greater effect on the culture sector as a unifying agent, one respondent told us. The contributions thus are not necessarily the same, but in each case the statutes were not seen as completely useless. The effects of each statute are different.

The federal statute has a limited range. The field of application of the Quebec statutes is broader. That being said, about twenty-five associations have been certified to date. We were told, however, that the federal legislation has no arbitration mechanism to reach a first scale agreement, as opposed to Act S-32.1 which does,²⁹ and this is seen as a shortcoming, since numerous negotiations have ended in failure.

However, it is noted that associations have evolved in their business practices. Based on the questions asked the Canadian Tribunal, we can perceive an evolution even if there is still educational work to do.

Process of Modification of the Quebec Statutes

With regard to the texts of the statute, both Quebec acts have been tested, one having come into effect in 1987 and the other in 1988. It should be noted that An Act respecting the professional status and conditions of engagement of performing, recording and film artists(R.S.Q., c. S-32.1) was amended in 1997. Thus, a number of issues have developed over time. The obligation to negotiate, the notion of producer, and commissioned work versus use of existing work were identified as major elements by one of the respondents.

It should be noted that amendments were made to both statutes in June 2004 through Bill 42.³⁰ The respondents did not comment on this legislation.

The Future of Statutes on the Status of the Artist

One of the respondents felt that an assessment must be made of how the model proposed by Act S-32.1 regarding collective agreements and the obligation to negotiate can be transposed to Act S-32.01. One respondent also felt that the occasional assessment processes means that the statutes are remodelled and evolve.

According to representatives of CAPPRT, the future of the Tribunal is uncertain and its continued existence apparently cannot be taken for granted. It was explained that the government is proceeding with an analysis of expenditures and structures, and in this light, there is the possibility of rationalization of tribunals. The respondents did not know what might happen, but they shared their uncertainty with us.

Status of the Artist and Copyright

Regarding the interconnection between copyright and status of the artist, for one of the respondents commenting on the Quebec laws, mentioned there are certain to be boundary issues, and the disputes show this to be so. One federal representative commenting on this situation felt that there is not necessarily a conflict, because, as she explained, the Copyright Board is an economic tribunal, while the CAPPRT oversees working relations.

New Technologies

It was mentioned that artists feel that the use of works in the new technologies has a value. In fact, the value linked to use of an intangible good, whatever that use might be, is something which artists are increasingly understanding.

Trends

One respondent felt that the relationship between culture and state interventions may have to be reviewed, and she looked to status of the artist. Should a less compartmentalized process be envisaged in the Quebec statutes? Would it be relevant to have only one? In addition, the fact that the provincial government has decided to favour an integrated approach to socio-economic conditions for artists is a positive sign.

Conclusion

The comments and thoughts given by government respondents, both provincial and federal, feed into the study. Of course, the points of view expressed here do not speak for everyone. Nevertheless, these respondents were all very well informed about the subjects that are under study here, and their points of view have the merit of presenting angles and approaches that give a broader perspective to the subjects under study.