The following do not apply to Sector 2 productions:
8:06(C) Auditions Code
8:06(F) Auditions Code
15:02 Company Category Calculation Formulae (only those provisions which apply to TYA)
15:05(iii) Company Categories (only those tours under Article 55:00)
16:14 Point of Origin Minimum Fees
16:18 Additional Services Fees
23:01(C) Free Day - Christmas Day
24:03(G) Calls on the Free Day
24:12(C) Emergency Rehearsal
25:01 Costume Fittings - Hours
25:02 Additional Fittings
25:03 Costume Fittings Before the Engagement Period
35:02(B) Run-of-the-Play ITA Engagement Contract - Period 35:02(D) Run-of-the-Play ITA Engagement Contract - Fee
35:03 Guaranteed Engagement
39:03 Understudies - Payment for Performances
49:02(B)(i) Overnight Touring Per Diem
55:00 Theatre For Young Audiences
57:00 Workshops and Readings
60:02 Director Minimum Fees
60:09(B) Special Category - Summer Stock
60:10 Artistic Director
61:04 Fight Directors Minimum Fees
62:04 Choreographers Minimum Fees
63:05(A) Stage Management - Staffing Formulae (last paragraph only) 63:12 Responsibility of an Assistant Stage Manager (second paragraph
only)
58:01 Application of the ITA
Unless otherwise stated herein, all other provisions of the ITA apply to Sector 2 Theatres. See Clause18:44.
58:02 Breaches by the Artist
(A) Discipline by the Theatre
Where the Theatre disciplines an Artist for a breach of the ITA or the Artist's CTA Engagement Contract the Theatre shall do so in accordance with the principles of progressive discipline. Discipline may take the form of written warnings, and subsequent to at least two (2) written warnings, fines or termination without further compensation (return transportation excepted). The amount of any fine is limited to one-sixteenth (1/16) of the Artist's contractual fee per occurrence. Where the Artist is in material breach of the ITA or the Artist's ITA Engagement Contract the Theatre may give one (1) or two (2) warnings prior to termination.
Notwithstanding the foregoing:
(i) if Equity disputes that a breach of contract has taken place, no fines may be put into effect until the dispute is resolved, pursuant to Article 52:00; and
(ii) Equity may dispute under the provisions of Article 52:00 any termination effected by the Theatre.
(B) Missed Performance
Notwithstanding the provisions of Clause 58:02(A), should the Artist miss a duly scheduled performance without good and sufficient reason, the Artist's contractual fee may be reduced by one-eighth (1/8). Should the Artist be late for a performance without good and sufficient reason and determined by the Stage Manager to be unavailable to perform, the Artist's contractual fee may be reduced by one-eighth (1/8). Equity may dispute under the provisions of Article 52:00 any such reduction by the Theatre.
58:03 Auditions Code
(A) Compensation, Number and Schedule
Auditions shall be limited to five (5) calls of a maximum of one (1) hour each per Actor for each production which may be assigned. Said Actor shall be compensated at the rate of one eighth (1/8) of the minimum fee for the Company Category in which the production will be presented, for each audition over five (5) for which he/she is called.
If the first audition is a general call, where no individual appointments are scheduled in advance of the date of call, that call shall be in addition to the five (5) unpaid calls, provided that the artistic team conducting the audition must be identified by name and title to the Artists no later than when the appointment is made. For each production mounted by the Theatre, the Theatre agrees to hold auditions in Canada prior to the holding of auditions elsewhere. Furthermore, for each production, final audition calls will be held in Canada, and such auditions will be conducted by an individual having full casting authority; additionally, in the case of final audition calls, the Director of the production must be present and must see all auditionees called back to the final auditions.
(B) Replacement Auditions
For productions which are completing a one-year run, and which the Theatre reasonably expects to continue an extended run, the Theatre will hold auditions for possible replacements. The Theatre will continue to hold annual auditions as long as the Theatre maintains continued expectations of ongoing performances. Auditions will be held in the Theatre's point of origin, or such other Canadian city(ies) as the Theatre deems appropriate.
ITA 2015-2018 | page 125
(C) Recording of Auditions for Approval Purposes
In the event the Director, or other members of the creative team, with contractual casting approval rights, is unable to attend final auditions, the Theatre shall have the right to record Artists for approval purposes. These recordings will be shot and edited by a professional videographer for the creative team and will then be destroyed. This right shall further apply for emergency replacement purposes and/or any auditions required after the final auditions are completed, for which key creative team members are unavailable.
With the exception of emergency replacement auditions the Theatre shall ensure creative team members of at least the Associate level will be present during any recorded auditions.
The Theatre shall notify Equity and the Artists when any recorded auditions are required.
58:04 Applicability of Point of Origin Minimum Fees
For productions which are classified as Company Category A (including A+), A-2 rates shall apply to open-ended productions, or to non-musical productions originally scheduled to run in excess of twelve (12) weeks, and musical productions originally scheduled to run in excess of twenty-four (24) weeks. For non-musicals originally scheduled for less than twelve (12) weeks and musicals scheduled for less than twenty-four (24) weeks, which are subsequently extended beyond twelve (12) or twenty-four (24) weeks, A-2 rates shall apply from the thirteenth or twenty-fifth week respectively. However, regardless of the length of the run of productions mounted at the Panasonic Theatre in Toronto, Ontario, A-2 rates shall not apply.
A+ rates shall apply to Company Category A companies operating in municipalities with a resident population in excess of two million and two hundred thousand (2,200,000) and in theatres with more than eight hundred and seventy- four (874) seats.
58:05 Minimum Fees
(A) Actor Point of Origin
The minimum weekly fees for 2015-2016, 2016-2017 and 2017-2018 shall be as specified in the 2015-2018 ITA Fee Booklet.
(i) Engagement Levels
(a) Engagement Level 1
Engagement Level 1 weekly fees specified in the 2015- 2018 ITA Fee Booklet shall apply to all Artists engaged in Sector 2 Category A-2 or Category A+ productions
(b) Engagement Level 2
The Engagement Level 2 percentage ratios for Sector 2 Category A - G productions shall be as stipulated in Clause 16:13.
Minimum weekly fees for Level 2 engagements shall be not less than seventy percent (70%) of the Engagement Level 1 minimum weekly fees specified in the 2015-2018 ITA Fee Booklet.
(B) Swing
When a Performer is engaged as a Swing, the applicable minimum weekly fee shall be not less than 112% of the applicable company category fee stated in Clause 58:05 of the 2015-2018 ITA Fee Booklet.
(C) Walking Cover
When a Performer is engaged as a Walking Cover, the applicable minimum weekly fee shall be not less than 112% of the applicable company category fee stated in Clause 58:05 of the 2015-2018 ITA Fee Booklet.
58:06 Per Diem
When the Artist is required to travel outside the point of origin on an overnight tour, the Artist’s contractual fees shall be augmented by a daily expense allowance. This per diem shall not be subject to Clause 3:03 (Deductions). It shall be paid at least one (1) week in advance of the week for which it is applicable.
The per diem shall be not less than as specified in the 2015-2018 ITA Fee Booklet.
58:07 Additional Services Fees
For services not anticipated at the time of negotiation, or in excess of the limits in the ITA, the parties have agreed to the additional fees set out in Schedule "A" in the 2015-2018 ITA Fee Booklet. Except as otherwise specified elsewhere in the ITA, the applicable rate for such additional services in Sector 2 productions shall be that specified on line ten (10) of Schedule "A" in the 2015-2018 ITA Fee Booklet.
Except for as provided for elsewhere in the ITA, additional services are to be provided only at the request of the Theatre or the Theatre's designated representative.
(A) Overnight Rest Infringement
If the Artist agrees to rehearse or perform or otherwise provide any additional services during the overnight rest period, the Artist shall invoice the Theatre at the rate stipulated on line thirteen (13) of Schedule "A" in the 2015-2018 ITA Fee Booklet.
58:08 Extended Rehearsal Days - Single Production and Stock
Notwithstanding the provisions of Clause 53:03(A), if there are three (3) full weeks of rehearsal prior to the first public performance of a musical production, there may be four (4) extended rehearsal days, which may be consecutive.
58:09 Emergency Rehearsal
When an emergency rehearsal must be called on a free day, the Artist shall invoice the Theatre at the rate stipulated on line eleven (11) of Schedule "A" in the 2015-2018 ITA Fee Booklet. The minimum call for an emergency rehearsal shall be four (4) hours.
58:10 Calls on the Free Day
For any rehearsal called on a scheduled free day, the Artist shall invoice the Theatre at the rate stipulated on line twelve (12) of Schedule "A" in the 2015- 2018 ITA Fee Booklet. The minimum call for rehearsal on a Free Day shall be four (4) hours. Twenty-four (24) hours notice must be given of a rehearsal on a free day. Nevertheless the Artist may only be called on his/her free day with his/her agreement. (This does not apply to emergency rehearsals - see Clause 58:09).
58:11 Dance Captain
A Dance Captain is required for productions in which a Choreographer is engaged. A Dance Captain shall be free to negotiate remuneration above the minimums in this Clause as appropriate to the work required and acceptable to him/her, which shall be not less than 175% of the additional duties rate as provided for in Clause 16:11(A) in the 2015-2018 ITA Fee Booklet.
58:12 Fight Captain
A Fight Captain is required for productions in which a Fight Director is engaged. A Fight Captain shall be free to negotiate remuneration above the minimums in this Clause as appropriate to the work required and acceptable to him/her, which shall be not less than 150% of the additional duties rate as provided for in Clause 16:11(A) in the 2015-2018 ITA Fee Booklet.
ITA 2015-2018 | page 127 58:13 Christmas Day
In addition to the regular free day, Christmas Day shall be free of rehearsals, and there shall be no rehearsals after 6:00 p.m. on Christmas Eve. In the case of a production which runs for ten (10) weeks or more, or is anticipated to run for ten (10) weeks or more, Christmas Day shall be either an additional free day, or Artists shall be paid an additional one-eighth (1/8) of his/her contractual fee for each performance on Christmas Day.
When Christmas Day falls on a regularly scheduled free day, the Artists shall be given an additional day free of rehearsals and performances within seven (7) days before or after Christmas Day in addition to the regularly scheduled free day. Should the Theatre choose not to schedule such a day in lieu of Christmas Day, the Artist shall be paid an additional one-eighth (1/8) of their contractual fee per performance. When Christmas Day falls on a regular performance day or two-performance day, and the Theatre re-schedules that or those performances on the regularly scheduled free day, the Artists shall be paid one-eighth (1/8) of their contractual fee for each performance so rescheduled, in addition to the Artist's weekly contractual fee.
58:14 Costume Fittings
(A) Hours
The Theatre is granted a total number of free hours for costume fittings which cannot exceed three (3) hours for each play per season.
(B) Additional Fittings
Should the Artist be required by the Theatre for costume fittings in excess of the hours provided for in this Clause 58:14, such calls shall be considered rehearsal time. Should the Artist exceed the maximum hours of rehearsal as otherwise provided by the ITA, the Artist shall invoice the Theatre at the rate stipulated on line ten (10) of Schedule "A" in the 2015- 2018 ITA Fee Booklet.
(C) Costume Fittings Before the Engagement Period
Should the Artist, at the request of the Theatre, attend costume fittings before the engagement period for which he/she is contracted, the Artist shall invoice the Theatre at the rate stipulated on line ten (10) of Schedule "A" in the 2015-2018 ITA Fee Booklet (minimum two (2) hours) from the time the Artist is called for the fitting to the time the Artist is released, provided the fitting takes place in the Artist's place of residence or if the fitting takes place at a location other than the Artist's place of residence but the Artist is not required to travel to said location for the fitting.
When the Artist is requested by the Theatre to travel to a location outside of his/her place of residence for a costume fitting, the Artist shall be compensated at a rate of one-seventh (1/7) of the applicable minimum fee for each day or part thereof the Artist is required to be away from his/her place of residence. The Theatre shall at its own expense transport the Artist. Travel time, all waiting periods and fitting time shall be deemed to be consecutive from the Artist's call for the designated means of transportation to the Artist's return to his/her place of residence. For any time in excess of eight-and-a-half (8-1/2) hours, inclusive of a one-and-a- half (1-1/2) hour meal break, the Artist shall invoice the Theatre at the rate stipulated on line ten (10) of Schedule "A" in the 2015-2018 ITA Fee Booklet. The computation of travel time and tolerance for delays shall be determined according to the provisions of Article 49:00 except as amended herein.
Should the Artist be required to remain away from his/her place of residence overnight, the Theatre shall arrange and supply at its own expense all travel and transportation and safe, clean, single occupancy hotel accommodation of a respectable nature. In the event the Artist's day shall be deemed completed upon the Artist's arrival at the hotel after the completion of his/her fitting(s) and begin the next day from the time the Artist is required to leave the hotel for transportation to a fitting or to the Artist's place of residence. The Theatre shall make its best efforts to provide the Artists with a per diem (Clause 58:06) for each day or part thereof that the Artist is required to be away from his/her place of residence, two (2) days prior to departure.
58:15 Luggage
In the case of productions scheduled to run longer than six (6) months, the amount of luggage the Theatre is responsible for the transportation of shall be increased to four (4) large suitcases to a maximum of one-hundred and eight-one (181) kilograms.
58:16 Run-of-the-Play Engagement Contracts
(A) Period
The initial period of engagement for a Run-of-the-Play Engagement Contract shall be for a minimum of thirteen (13) weeks up to a maximum of fifty-two (52) weeks, and shall begin at the beginning of the Artist’s engagement, provided that in no event shall it extend beyond the closing of the production.
The maximum period of engagement for an Artist’s first contract in production which is already open may be extended up to sixty-five (65) weeks provided that the period from the Artist’s first public performance to the end of the term of his/her contract does not exceed fifty-two (52) weeks.
(B) Fee
In A+ and A-2 productions, the Artist's contractual fee for a Run-of-the- Play ITA Engagement Contract of up to thirty-nine (39) weeks shall not be less than as specified in the 2015-2018 ITA Fee Booklet per week above the applicable minimum fee. The Artist's contractual fee for a Run-of-the- Play ITA Engagement Contract of more than thirty-nine (39) weeks and up to fifty-two (52) weeks (excluding options) shall not be less than as specified in the 2015-2018 ITA Fee Booklet per week above the applicable minimum fee. The Artist’s contractual fee for a Run-of-the-Play contract of more than fifty-two (52) weeks and up to sixty-five (65) weeks shall not be less than as specified in the 2015-2018 ITA Fee Booklet per week above the applicable minimum fee. The run-of-the-play fee requirement begins as of the date of the first rehearsal.
For productions in other Company Categories, the run-of-the-play fee shall be as outlined in Clause 35:02(D).
(C) Per Performance Bonus
Run of the Play Engagement Contracts which provide for a contractual fee in excess of as specified in the ITA 2015-2018 Fee Booklet may have riders negotiated which provide for a per performance bonus. Contracts which include such riders may not through this provision have the contractual fee reduced below the amount specified in the ITA 2015-2018 Fee Booklet.
58:17 Guaranteed ITA Engagement Contracts
A Sector 2 Theatre may only contract Artists using Guaranteed ITA Engagement Contracts once they have made satisfactory security arrangements with Equity.
ITA 2015-2018 | page 129 58:18 Photo Calls
One (1) photograph call of a maximum of four (4) hours (for each Actor) shall be allowed for each production.
58:19 Understudies
(A) Run-Through Rehearsals
Blocking rehearsals culminating in a complete dress run-through rehearsal on stage must be completed within twenty-one (21) days of the official opening of each production. Such rehearsal shall take place under the supervision of the Resident Director or Assistant Director if there is one, or the Stage Manager. Should an Understudy or Swing not receive a run- through rehearsal on stage within twenty-one (21) days of the official opening the Theatre shall pay the Artist an additional one-eighth (1/8) of the Artist's contractual fee for each day until the run-through rehearsal has been completed.
When the Theatre has cast a second tier of understudies, this period shall be extended by a further thirty-five (35) days for the second set of understudies, on the following conditions:
(i) Blocking rehearsals culminating in a complete dress run through rehearsal on stage for the first set of understudies must be completed with twenty-one (21) days of the official opening of the production;
(ii) If the production is already open, the provisions for rehearsal after opening (Clauses 24:09 (A) or 53:04(A)) shall apply only during the week of the first public performance of the replacement Artists. The Theatre shall designate the official opening for the replacement Artists, which shall not be more than three days after the first public performance.
(B) Performing Understudies
An Artist who has been contracted to perform in a production may also be contracted to understudy a maximum of four (4) roles or assignments, no more than two (2) of which may be non-Chorus roles. The maximum number of non-Chorus roles which an Artist may be assigned shall be stipulated in the Artist's contract if any Understudy assignments are "As Cast". No Artist may be required to accept additional Understudy assignments unless such additional assignments are freely negotiated with