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Benefits Questions & Answers

The following are some questions and answers which will help clarify the requirements under the National Commercial Agreement for participation in the Accident on Set insurance program.

1
  Is the Accident on Set premium subject to provincial or federal sales tax?

Accident on Set insurance premium is NOT subject to GST or HST.  It is subject to retail sales tax of 9% for productions in the Province of Québec; or 8% retail sales tax for productions in Ontario and Manitoba.

2
  Definition of earnings

What is the definition of earnings that will be included in calculating premium? 

Gross session fees only.

3
  Processing Premiums

What happens in the event that an Engager fails or neglects to process premium to CNESST (In Québec) and WCB (in BC) for performers working on commercial productions?

In the event of a claim, workers' compensation may approve the claim and then charge back the Engager for premium that should have been paid for by the production.

It is important to note that participation in workers' compensation in the provinces of BC, Québec, New Brunswick and Newfoundland for performers is mandatory, and is a requirement of provincial law. However, there are exceptions under the provincial plans. Please verify requirements with the provincial workers' compensation board.

For example, performers who are working as non-residents for short periods of time may not meet the provincial workers' compensation residency requirements. Further, performers working through personal corporations in Québec may not qualify under the province's CNESST program.

4
  How is premium paid throughout the provincial jurisdictions?

The following is a summary of provincial workers' compensation programs illustrating where provincial workers' compensation is applicable, and where Accident on Set premium is payable. 

Province Is Provincial WCB Coverage Mandatory? Is Accident on Set Premium Payable?
British Columbia   Yes  When individual coverage is required
Alberta    No Yes1
Saskatchewan No Yes 
Manitoba  No Yes 
Ontario  No Yes 
Quebec  Yes*  When individual coverage is required
New Brunswick  Yes** When individual coverage is required
Nova Scotia    No Yes 
PEI     No Yes 
Newfoundland Yes  When individual coverage is required
     

* personal corporations may be excluded    
** if employing 3 or more performers 
1 Always for stunt performers and when workers' compensation is not provided for all staff, crew and performers.

Even with Accident on Set coverage, your production company is still required to register with your provincial workers’ compensation program if you work in a compulsorily covered industry. Please check your provincial workers’ compensation program to verify your registration requirement, and to ensure you are adhering to any local labour laws that may exist in the jurisdictions where you are working and hiring cast and crew members.

For more information on individual coverage only, see question 5.

5
  Performers incorporated in Québec

Are performers working in Québec eligible for CNESST if they are contracted through their corporations?

Within the Province of Québec, CNESST regulations state that performers who are employed as corporations cannot be insured through Engagers. Incorporated performers working in Québec, whether resident or transient, must apply directly to CNESST for workers' compensation coverage.

The Accident on Set insurance program does not have any restrictions for performers employed as corporations, and gross earnings are used to define benefits which may be due in the event of a claim.

If there is a question or concern that a performer is not covered for Québec workers' compensation (CNESST) by reason of providing service through a personal corporation, please contact CNESST for an opinion. When CNESST coverage is not available, engagers are encouraged to add 1% for Accident on Set benefits to that performer's payroll record.

6
  Provincial Workers' Compensation Boards

What is the position of provincial workers' compensation boards in the event that a performer is injured while travelling to set, or between locations, which may include crossing provincial borders?

Provincial workers' compensation programs cover accidents which occur on the worksite, and generally do not cover travel from a residence to the worksite, or between worksites.

The Accident on Set insurance program will cover performers travelling directly to and from set, and between production locations, including inter-provincial productions, without restriction.

This includes all means of travel without restriction.

7
  Child Performers

In the event that a commercial production involves a child performer, and that performer required a parent/guardian to attend the set, would that parent/guardian be covered by workers' compensation in the event of an accidental injury on set?

Workers' compensation does not cover the parent/guardian of a child performer as a matter of course.

Those parents/guardians who are required to attend a set to care for the child performer would be covered under the Accident on Set insurance program as an accommodation, and no premium is payable in these situations.

8
  Ineligible Performers for Workers' Compensation

Would performers injured in a jurisdiction where workers' compensation is mandatory, whose claim is considered ineligible*, be covered under the Accident on Set insurance program?

*for any reason other than non-compliance with provincial laws where workers' compensation coverage is mandatory.

In instances when performers are declined benefits under the provincial program (in those provinces where workers' compensation coverage is mandatory), the Accident on Set insurance program would assume responsibility for those claims.

This provides Engagers with the security that the possibility of uninsured claims will be reduced or eliminated.

9
  Where can I find more information about the Accident on Set insurance program?

Actra Fraternal Benefit Society, the insurer of the Accident on Set insurance program, can clarify or respond to any questions regarding the program. Click here for contact information.