CHPC Committee Report

Impact of the Status of the Artist Act on the Working Conditions of Artists

Supplementary Opinion of the Conservative Party of Canada

The Conservative Members of the Standing Committee on Canadian Heritage are grateful to the witnesses who appeared before the committee to share their experiences and recommendations regarding the Status of the Artist Act.

Unfortunately, both the Committee’s Third Report of the 44^th Parliament and the study that led to it were unfocused and lacked depth. Though many issues were explored, little depth was reached. As a result, Conservatives believe it would not be responsible to draw significant conclusions or proceed with changes to public policy based on the contents of this report.

It should be noted that references to the Status of the Artist Act have been absent from Ministerial Mandate Letters, Canadian Heritage Departmental Plans, and other major departmental reports since the current Liberal Government came into office in 2015.

The Conservative Members of the Standing Committee on Canadian Heritage wish to offer reflections on two issues that came up during the study: guaranteed basic income for artists and artists in a digital world.

Guaranteed Basic Income

The COVID crisis posed an unprecedented challenge for the arts and culture industry as a result of public health restrictions across Canada. Notwithstanding the varying degrees of success of these public health measures, it is unquestionable the government-imposed closure of businesses, venues, mandates, and restrictions on gatherings affected the ability of the arts and culture industry to generate revenue.

That said, for decades Canadian artists have risen above the typical challenges present in the arts and culture industry to achieve worldwide success.

Conservatives recognize the unique nature of the industry, such as volatility in year-over-year income. Nevertheless, Conservatives believe in a free and fair market and would stress that a guaranteed basic income should not be considered as a means of earning – or supplementing – an income in Canada.

Canadian artists are world class. Assuming government-granted guaranteed income would assist artists in achieving success is a disservice to the talent, hard work, and dedication of so many artists who are striving for and achieving success on their own merit. Artists should be championed in a manner that promotes a free, fair, competitive, and open arts and culture industry.

Artists in a Digital World

Given the rapid evolving nature of the arts and culture industry into the online sphere, digital creators are finding new ways of reaching audiences not limited by geography, language, or traditional barriers such as broadcasting regulations or licensing.

As Mr. Brandon Gonez stated:

“As a digital creator and somebody who came from the legacy space, I think what is so fascinating is that the barriers that were once in place to export what we as Canadians believe to be entertainment, art, news and essential information are no longer in place. What is so amazing is that, with these digital platforms, we can reach a global audience without those financial barriers, for example, of building up a whole network. It's right there at our disposal.”[1]

As Canadians have witnessed with the current Liberal Government, intrusion into the de-facto new public square—the internet—has never been more apparent. The creation of legislation that determines which user-generated content is and isn’t considered “Canadian”, or artificially promoting or demoting content at the discretion of the government, are just a few examples of how the current government seeks to impose its own values on Canadians.

Bill C-11: the Online Streaming Act, which is currently in the final stage of the legislative process, will hinder digital first creators from achieving success online and keep Canadians from being able to find and enjoy the creative content they wish to watch on the internet. Numerous witnesses testified that Bill C-11 is seen as a direct attack on their ability to reach a global audience and maintain their livelihood.

During witness testimony, Mr. Darcy Michael stated:

“Before pivoting to being a digital creator, I was making ends meet as an artist, but just barely. I was lucky that my husband had a good corporate job and our daughter was able to get student loans for university. However, today, because of our success online, my husband now works with me full time and our daughter's student loans are completely paid off… Not only has our success benefited us financially, but by my working directly with Canadian brands across our social media platforms, in just the last 12 months, we've helped put over $500,000 in sales back into the Canadian economy. That's from one channel on TikTok.

I'm speaking to you as a proud queer digital creator with content that celebrates conversations around mental health, body positivity and human rights. These are all the things I tried to do with traditional networks, but three gatekeepers didn't think there was an appetite for it. There are three million people who disagreed with them.”[2]

Conservatives believe it is incumbent upon the Government of Canada to allow Canadian content to naturally flourish in the online world.

Conservatives caution against directing bureaucracy to regulate the internet by prioritizing some creative content and demoting other content.

Recommendations:

Should the Government of Canada choose to undertake an in-depth review of the Status of the Artist Act it should do so in a manner that:

• a) Focuses on simplifying and reducing the tax burdens placed on artists and creators
• b) Recognizes it is better for artists, creators, consumers, and the industry to allow artists and creators to profit off the work they produce rather than rely on subsidies as financial aid from the Federal Government
• c) Ensures any tax and regulatory burdens it places on artists and creators be done so in a way that promotes a free, fair, competitive, and open arts and culture industry.
• d) Recognizes the evolving nature of the arts industry and ensure future policy decisions fairly consider the impacts on all types of artist and creators regardless of the medium or technique used to express their art.
• e) Recognizes that the arts and culture industry has changed significantly since the last major reforms were made to the Act and acknowledges that the traditional employment relationships on which much of the Act is based may no longer apply, especially in the field of digital creation and presentation.

Conservatives wish to thank witnesses for their testimony, committee analysts, clerks, and interpreters for their work during the study.