Due to the recent Province wide crack down on the use of hand held devices and because it is the law, it is imperative that the following information is given to the drivers on your Production.

The BC Film Industry experienced two serious issues with propane and propane-fired heaters in the fall of 2010. Workers experienced near misses and serious injuries as a result of these incidents.

Beginning Sept 20, 2010 changes to the BC Motor Vehicle Act come into effect regarding excessive speed.

(Click Downloadable Documents button below to view PDF version of Notice)

Any member who is interested in registering as a Local Hire in the following areas, Vancouver Island, Prince George, Interior/Okanagan, Squamish/Whistler, Mission to Hope and the Yukon please contact Dispatch indicating your preference and have your name forwarded to Production companies when this work becomes available.

Local Hire means working without per diem and without accommodations.

Dear Member,

There is a change in practice regarding documentation you must provide the employers when filling out your start packs.

From now on, as a condition of employment, you may be required to sign a Declaration of Personal Residency Form, and attach your Notice of Assessment with your personal tax information blacked out. This information is required because the employers have been unable to realize the full amount of the tax credits due them because of erroneous or false information provided by members when they are hired by a production.

Loan-Out Companies need to supply additional information. Under section 41 of the Business Corporation Act, a corporation is required to file an annual report with the registrar within the two months following the anniversary date of incorporation. Should you fail to file the annual report two years in a row, the registrar may dissolve or cancel the corporation´s registration, as it is no longer in "good standing".

If you are in doubt about your corporation´s status, you may call the BC Registry Services at 604 775-1041 or visit their website at http://www.fin.gov.bc.ca/registries.

If you do work under a loan-out company and you are injured, WorkSafe BC may force back-payment of any premiums owed, or deny a claim outright, should they determine that you are an employer. Please see the attached pdf for further details on this subject.

We have consulted our legal counsel and have been advised that it is the right of the production company, under the terms of our Collective Agreement, to determine whether they will hire individuals as direct-hire employees or as loan-out companies. They also assure us that the request for and the maintenance of these documents is in accordance with Canadian privacy legislation. In order to best maintain the privacy of all of this information, the Production Accountant will keep the residency documents in a secure and locked facility, and only those production personnel on a need-to-know basis will be allowed access.

Important information regarding BC Local Hiring

New rules and requirements are being put into place by AMPTP affiliated companies regarding the hiring of BC resident personnel.

Direct Hire

If you are to work as a direct hire (employee) you may be required to:

• Complete and sign a Declaration of Personal Residency Form
• Provide a copy of your current Notice of Assessment (with financial information blacked out)

If you do not have a copy of your current Notice of Assessment, you must provide copies of all the other documentation listed on the Declaration of Personal Residency Form, which is:

• Two bills from different utility companies issued in the crew member’s name (one for the recent month and one for December 2009)
• SIN card, last Medical Services Plan billing for 2009
• And if renting, a copy of residential lease (dollar amount blacked out) and both sides of a cancelled rent check (dollar amount blacked out)

Loan-Out Company

If you provide your services through a loan-out company, the following information may be of interest to you.

Loan-out companies in the film industry are being audited by the Canadian Revenue Agency. Along with recovering back taxes (GST and Income Tax) owing, part of the audit process may examine whether or not an individual working under a loan-out company should actually be deemed an "employee".

For more information, please read:
CRA Bulletin RC4110 http://www.cra-arc.gc.ca/E/pub/tg//rc4110-08e.pdf.

If in doubt, talk with your accountant.

Loan-out corporations with more than one shareholder qualify for fewer tax credits than corporations which are 100% owned by the individual employed. The CRA disallows 35% of the payment to a loan-out company that is not solely owned. Payments to solely-owned loan-out companies are allowed at 100%. Loan-out companies who have not filed a Schedule 50 (which lists the shareholders) with their tax return, CRA will assume it is a multi-owned loan-out company. Loan-out companies who misrepresent the shareholder details may not qualify for any tax credits at all. In order to comply with the provincial and federal requirements, you may be required to:

• Provide 2 Notices of Assessments – 1 issued to them as an individual and 1 issued to their loan-out companies.

If you don´t have an individual Notice of assessment you may be asked to provide:

• Two bills from different utility companies issued in the crew member´s name (one for the recent month and one for December 2009)
• SIN card, last Medical Services Plan billing for 2009
• And if renting, a copy of residential lease (dollar amount blacked out) and both sides of a cancelled rent check (dollar amount blacked out)

If you don´t have a company Notice of Assessment you may be asked to provide:

• A Register of Corporate Shareholders (Schedule 50)
• A copy of the last Annual Report (Form 6) with proof of filing fee paid

If you are unable to provide Schedule 50 and Form 6 within 5 business days of your start date, you may be paid as a direct hire (employee) with withholding deducted at source.

For further information, please contact the office.

Directors Guild of Canada
British Columbia
430 - 1152 Mainland Street
Vancouver, BC V6B 4X2
t: 604-688-2976
f: 604-688-2610
www.dgcbc.com

(Click Downloadable Documents button below to view PDF version of WCB Premiums for LOC)

Mar 26, 2010

Many members assume that it is the production´s responsibility to pay WorkSafe BC (WCB) premiums on their behalf whether or not they are limited/incorporated. This leaves them with a false sense of security that they will be covered in the event of a workplace injury or disease.

Unfortunately, there are members that have been caught in this assumption at the most inopportune time – when injured and seeking compensation from WorkSafe BC. Once you file a claim for compensation with WorkSafe BC an assessment of your company is automatically launched. If it is determined that you are considered an employer under their policy you will have a choice to be assessed with premiums dating back to the start of the company (your wage loss will then be based on what your company pays you, not your actual earnings) or your claim will be denied as you were not covered at the time of the injury. It makes no difference that the production has been paying premiums on your behalf as WorkSafe BC policy stipulates that you MUST register and pay your own premiums.

It is important to understand that WorkSafe BC has legislation and policy defining the employment relationship that is independent of other regulating bodies. The WorkSafe BC website (www.worksafebc.ca) is a great resource to start the self-inquiry process. On this site you will find their Assessment Manual and the Assessment Practice Directives, at the links below:
http://www.worksafebc.ca/publications/policy_manuals/assessment_policy_
manual/Assets/PDF/assessment_manual.pdf

http://www.worksafebc.com/regulation_and_policy/practice_directives/
assessment_and_revenue_services/default.asp

The basic principles are as follows:
1) If you clearly supply labour only (don’t supply rental equipment or materials), to only one company simultaneously, and do not have other employees, you are a worker
2) If you supply labour to more than one company at a time you may be considered an employer
3) If you supply major materials that you profit from you may be considered an employer
4) If you supply two or more pieces of revenue generating equipment (not incl. hand tools/personal transport vehicles) you may be considered an employer
5) If you hire workers and have control over their work you may be considered an employer

PLEASE, do not assume by your self-assessment that you are a worker - it may change your life forever in the event of a workplace injury or disease. The assessment process is complicated and so we caution you to contact the Assessments Department directly at 604-244-6181 or 1-888-922-2768 to have your company formally assessed.

Work Safe!!

(Click Downloadable Documents button below)

Dear Sisters and Brothers,

If you provide your services to a production through a loan-out corporation, the following information may be important to you.

• Loan-out corporations in both the construction and the film industries are being audited by the Canadian Revenue Agency. Along with recovering back-taxes owing, part of the audit process may examine whether or not an individual working under a loan-out corporation should actually be deemed an "employee." For more information, please read:
  CRA Bulletin RC4110: http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110-08e.pdf.
  If in doubt, talk to your accountant.
• Loan-out corporations with more than one shareholder qualify for fewer tax credits than corporations which are 100 per cent owned by the individual employed. Production companies who misrepresent the shareholder details of a loan-out corporation may not qualify for any tax credits at all. In order to ensure compliance with the provincial and federal authorities, the accounting department may require the following documentation:
  • Incorporation documents
  • Schedule 50 (showing the shareholders of the corporation)
  • Proof of B.C. residency (Notice of Assessment or other)
  Please have the appropriate paperwork ready for the accounting department when you are filling out your start pack.
• We have consulted our legal counsel, and he has advised us that he believes it is the right of the production company, under the terms of the BCCFU Master Agreement, to determine whether or not the production company will hire an individual as a direct-hire employee or as a loan-out corporation. However, once an individual is hired as one or the other on a particular production, I understand that the payroll companies will not alter the terms of hire for the duration of that production.
• Note that under section 51 of the Business Corporations Act, a corporation is required to file an annual report with the registrar within the two months following the anniversary date of incorporation. Should you fail to file the annual report two years in a row, the registrar may dissolve or cancel the corporation’s registration, as it is no longer in "good standing". If in doubt about your corporation´s status, call the BC Registry Services at 604-775-1041 or visit their website at http://www.fin.gov.bc.ca/registries.
• If you do work under a loan-out corporation and you are injured, WorkSafe BC may force back-payment of any premiums owed, or deny a claim outright, should they deem you to be an employer. Please see the other side of this insert for more information.

In solidarity,

(Click Downloadable Documents button below to view PDF version)

FYI - ALL MEMBERS

RE: HIRING PRACTICES AND CANADA REVENUE AGENCY AUDIT

Dear Brothers and Sisters:

It has come to the Unions attention that the Employer is currently reviewing their hiring policies with regards to Loan Out Companies. This review is happening for two main reasons:

1. The difference in how the tax credit is calculated. The amount that can be claimed by the Employer changes when applied to an individual or to a person hired as a Loan Out Company.
2. The difficulty in getting the necessary documentation from employees to qualify for the current tax credits.

I have not heard of any Company actually making this change yet, but I do believe that in the very near future some Productions will be hiring employees as "Individuals" only.

The rumors that have circulated for years about CRA and the industry finally seem to be true. I have heard that CRA has assigned a team of auditors to review the "Film Industry" in BC. This means that a thorough and extensive review is currently underway. The Local is not involved with the audit and I would encourage all members to ensure that they are aware of and in compliance with, all the rules and regulations when reporting and filing their taxes.

Fraternally,
Ken Marsden
Secretary Treasurer

(Click Downloadable Documents button below to view PDF version)

Dear Brothers and Sisters:

Please be advised that as of February 22, 2010 it is the intention of Local 155 to fully implement the terms and conditions of B1.11 of the current Master Collective Agreement as we are required by law to do.

“The Union shall dispatch (Group seniority) or the Employer may directly employ persons for employment in the following order (Name request)...

(Click Downloadable Documents button below to view full details)

Members may no longer book out on the automated phone system. The Co-coordinators/Captains will inform the Dispatchers of all job orders and it is now the responsibility of the Dispatcher to notify the members by calling each individual and booking them out onto the job. If it is after hours please leave a message by calling 604-707-6500 and press 3.

Teamsters Local 155 no longer requires the members to keep a copy of their drivers abstract on file with dispatch. Please be advised that the employer may require your drivers abstract.