As a Producer, you are an employer. As an employer, you are often required to have workers’ compensation insurance for employees working on set. This requirement arises from provincial and territorial statutory obligations, or where these do not exist, from collective agreements governing productions under ACTRA jurisdiction.
Learn more about why you need coverage here.
Performers who are injured on a set location on an insured production may be eligible for Accident on Set benefits if they’re a Member of ACTRA as defined under either ACTRA Agreements or the British Columbia Master Production Agreement (BCMPA). This includes:
Performer:
Means any person as defined under the ACTRA Agreements or BC Master Agreement. Performer includes, without limitation, the following:
a) Members and apprentice members, including stunt performers, Stunt Coordinators and other stunt categories as well as stand-ins, photo-doubles, special background performers and background performers;
b) Permittees when ACTRA has agreed to their engagement under an ACTRA contract through the issuance of an ACTRA work permit. Permittees who normally reside outside of Canada are only eligible for coverage under the Accident on Set Program while working in Canada and provided that premium is remitted on their behalf;
c) Additional background performers, engaged by the Producer and where an ACTRA Additional Background Performer Voucher has been issued to ACTRA.
No, your cost will not be covered.
An accident will not affect your rating with AFBS or any future Accident on Set premiums.
As workers' compensation programs do not cover the parent/guardian of a child performer, parents/guardians required to attend a set to care for a child performer are covered under the Accident on Set program as an accommodation; no paid premium is required for such situations. This is applicable for one parent or guardian only.
Accident on Set covers eligible performers and stunt performers travelling directly to and from set locations, including inter-provincial productions’ means of travel. Provincial and territorial workers' compensation programs covering on-site accidents generally do not cover travel from a residence to the worksite, or between worksites.
Performers and stunt performers who are non-residents of Canada are only covered for Accident on Set coverage while they are working in Canada on an Accident on Set insured production. These performers and stunt performers do not have access to Canadian universal health care, and they must have Visitor to Canada medical protection to cover hospital and doctors’ expenses. Basic hospital and doctor’s fees are excluded from Accident on Set benefits, so please ensure such the necessary protections are in place.
Anyone can have an accident, but both AFBS and workers' compensation boards realize that accidents are more likely to occur either preparing for or performing a stunt. This is why many workers' compensation programs specifically exclude stunt performers.
To keep the Accident on Set program viable and Producer premium costs at an appropriate level, we spread the insurance risk over the greatest possible number of participants. This is why AFBS requires that Accident on Set coverage is provided to all performers on set, including eligible stunt performers and additional background performers whenever possible.
Unlike workers' compensation or Accident on Set, employer liability insurance does not make any payments to an injured person immediately following a verified accident.
Employer liability insurance protects the production company if it is found legally liable for personal injuries caused by an accident on its premises (e.g., on set). If a litigant successfully sues your production, any settlement, court costs awarded, and the production's legal fees, would be paid under the employer liability insurance policy’s chosen policy dollar limit.
Employer liability is important for those very rare situations, and after a protracted legal case, that could result in a settlement being paid by the general insurance company.
Section A524 of the 2022-2024 IPA states:
“Where available, workers' compensation insurance coverage, or equivalent, shall be provided to all eligible Performers. Where such protection is not available, the Producer shall provide workplace accident / injury insurance coverage.”
For the purposes of this section, ACTRA and the CMPA have agreed that the Accident on Set program provided through AFBS meets the equivalency threshold; other programs should be carefully examined to determine if they are equivalent.
To avoid some common misconceptions, we provide the following general comments: production should confirm these points and any other matters related to their insurance coverages with their insurance broker in each case:
The Accident on Set premium is NOT subject to either GST or HST. It is, however, subject to 9% retail sales tax for productions in Quebec, 8% retail sales tax for productions in Ontario, and 7% retail sales tax for productions in Manitoba.
For the Accident on Set premium calculation, earnings are defined as the Performers’ gross fees plus the buyout and does not include any fringes.
For IPA including Low Budget, CBC and NFB productions, insurable earnings are made up of all Performer earnings accrued/paid during the production, up to a maximum of $100,000 per Performer.
Workers' compensation may approve the claim but charge the Producer for any premiums the production should have paid for.
The following is a summary of where provincial workers' compensation is available and where Accident on Set coverage is accessible.
| Province | Is provincial Workers’ Compensation coverage available*? | Is Accident on Set coverage accessible? |
|---|---|---|
| Alberta | Yes | Yes – stunt performers only1 |
| British Columbia | Yes | No2 |
| Manitoba | Yes – but can opt out | Yes – When opted out of WCB Manitoba |
| New Brunswick | Yes | No |
| Newfoundland and Labrador | Yes | No |
| Northwest Territories and Nunavut | Yes | No |
| Nova Scotia | No | Yes |
| Ontario | Yes – but can opt out | Yes – When opted out of WSIB for all performers3 |
| Prince Edward Island | No | Yes |
| Quebec4 | Yes | Some |
| Saskatchewan | No | Yes |
| Yukon | Yes | No |
*In certain provinces/territories, workers' compensation is mandatory. Please check with your local jurisdiction to familiarize yourself with requirements.
Even with Accident on Set coverage, your production company is still required to register with your provincial workers’ compensation program.
There are some exceptions under provincial and territorial plans, however, so verify your production’s requirements with the local workers' compensation board. For example, performers working as non-residents for short periods of time may not meet your production locale’s workers' compensation residency requirements. Or performers working through personal corporations in Quebec may not qualify under that province's CNESST program.
Wherever the production is located, workers' compensation programs do not provide coverage unless performers are being paid. Student or deferral productions using ACTRA and/or UBCP/ACTRA performers must provide performer protection and may apply for Accident on Set.
CNESST regulations state that performers and stunt performers employed as corporations cannot be insured through Producers. Incorporated performers working in Quebec, either resident or transient, must apply directly to CNESST for workers' compensation coverage.
Contact CNESST for an opinion if you are concerned a performer or stunt performer is not covered due to providing service through a personal corporation.
When CNESST coverage is unavailable, Accident on Set has no restrictions for eligible performers or stunt performers employed as corporations.
For IPA productions, you must apply to Accident on Set for such performers and stunt performers. Contact the program administrator to obtain Special Application Form 01-AS.
For NCA productions, Producers are encouraged to add 1% gross earnings for Accident on Set benefits to such performers and stunt performers’ payroll records.
For CBC and NFB productions, Accident on Set coverage is automatically extended to all eligible ACTRA performers and stunt performers across all provinces and territories.
Canadian citizens and permanent residents who travel outside their province or territory of residence for a production (within Canada or abroad) should have Travel Emergency Medical (TEM) coverage in place.
If working in the U.S., Accident on Set only covers times while working on an on-set location, and travel to and from the set. Accident on Set does not cover any personal time.
Travel Emergency Medical coverage is available to eligible AFBS Members under the Members’ Insurance Program, and we only insure Canadian citizens and permanent residents.
Non-residents of Canada are only covered for Accident on Set coverage while working in Canada on an Accident on Set insured production. Basic hospital and doctor’s fees are excluded from Accident on Set benefits, so these performers should ensure the necessary protections are in place.
