Bill 165 2009

An Act to amend the Employment Standards Act, 2000 with respect to artists

Note: This Act amends the Employment Standards Act, 2000.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  (1)  Subsection 1 (1) of the Employment Standards Act, 2000 is amended by adding the following definitions:

"artist" means a person who practises an art on his or her own account and who offers his or her services for remuneration, whether or not through a partnership or corporation, as a creator or performer in any field of artistic endeavour, and includes a person who,

  (a)  is an author of artistic, dramatic, literary or musical works within the meaning of the Copyright Act (Canada), or a director responsible for the overall direction of audiovisual works,

  (b)  performs, sings, recites, directs or acts, in any manner, in a musical, literary or dramatic work, or in a circus, variety, mime or puppet show, or

   (c)  contributes to the creation of any production in the performing arts, music, dance and variety entertainment, film, radio and television, video, sound-recording, dubbing or the recording of commercials, arts and crafts, or visual arts; ("artiste")

"dependent contractor" means a person, whether or not employed under a contract of employment, and whether or not furnishing tools, vehicles, equipment, machinery, material, or any other thing owned by the dependent contractor, who performs work or services for another person for compensation or reward on such terms and conditions that the dependent contractor is in a position of economic dependence upon, and under an obligation to perform duties for, that person more closely resembling the relationship of an employee than that of an independent contractor; ("entrepreneur dépendant")

   (2)  The definition of "employee" in subsection 1 (1) of the Act is amended by striking out "or" at the end of clause (c) and by adding the following clauses:

  (e)  a person who is a dependent contractor, and

    (f)  an artist who is an independent contractor,

            .     .     .     .     .

   (3)  The definition of "employer" in subsection 1 (1) of the Act is amended by striking out "and" at the end of clause (a), by adding "and" at the end of clause (b) and by adding the following clause:

   (c)  a person who utilizes the services of a dependent contractor, or an independent contractor who is an artist;

Commencement

   2.  This Act comes into force on the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Employment Standards Amendment Act (Protection for Artists), 2009.

EXPLANATORY NOTE

The Bill amends the Employment Standards Act, 2000 by adding and amending several definitions. The definition of "employee" is amended to include artists, and the definition of "employer" is amended accordingly. Definitions of the terms "artist" and "dependent contractor" are also added.