Equiflash Archive

The recent promulgated Independent Theatre Agreement (ITA) included amended language in Preamble (A) of Article 63:00 (Stage Managers) regarding stage managers required to be hired as employees. This language was concurrent with the same in Preamble (A) of Article 63:00 (Stage Managers) of the Canadian Theatre Agreement (CTA). This amendment was made to synchronize the ITA with the CTA. Further, it was intended to protect Equity members' exposure for tax penalties and EI assessments.

This said, it was not Equity's intention to limit the ability of Equity stage managers to negotiate a rider with a theatre stipulating that they are to be contracted as independent contractors under an ITA engagement contract. In this situation, as it has been in the past, the Association will not interfere with this negotiation. However, it remains our position that a member and a theatre, by agreeing to this, proceed at their own risk.

As our internal practice had not changed, we understood that member outreach in advance of this text change was not necessary. Several Equity members have recently reached out to the Association expressing their dismay at the Association for making this amendment without consultation. As the ITA is a promulgated agreement we have an ability to make unilateral changes. In recognition of member concerns, Equity will revert the text in Preamble (A) of Article 63:00 (Stage Managers) of the ITA to the pre-existing wording, effective immediately. We apologize for any inconvenience that our actions may have caused.

The text now will read:
63:00 STAGE MANAGEMENT
Preamble
(A) Contract
All personnel engaged to fulfil Stage Management duties as defined in Clause 63:13 must be contracted under the terms of the ITA. Equity will consider it to be a breach of the ITA if the Theatre uses non-Equity personnel to fulfil Stage Management duties as herein defined.

The online ITA Material Terms has been updated.

Please direct any further questions or enquires to busrep@caea.com.