BCMPA Dance Specific “Fast Finds”

The following definitions clarify key Performer categories and roles related to dance within the Agreement. Additional category definitions can be found in Section A2 of the BCMPA.

A206 Choreographer means a Performer who creates and/or stages dance numbers.

A207 Chorus Performer means a Performer engaged to appear in a Program in any combination of two (2) or more of the categories of Group Singer, Group Dancer or Actor.

A208
(a) Dancer means a dancer, skater, or swimmer who is professionally qualified by training and/or experience to perform choreographed routines requiring rehearsal, such as ballet, chorus dancing, modern dancing, tap dancing, jazz dancing, acrobatic dancing, exhibition-level dancing, swimming, or skating.

(b) Group Dancer means one (1) of two (2) or more Dancers, except duos engaged in dance.

A219 Specialty Act means any act, either individual or a group, which is available, except for camera rehearsals, as a rehearsed entity ready for performance prior to an engagement.

A224 Variety Principal means a Performer engaged to appear in any combination of the categories Actor, Singer, Host, Dancer, or Puppeteer.

Section A28 of the BCMPA addresses provisions related to Auditions for all Performers, with the following provision applying specifically to Dancers:

A2804 Audition Procedures
(h) Self-tapes for Dancers shall be subject to the following additional requirements:

(i) The Producer shall supply any music or sound required for the self-tape;
(ii) The Producer shall supply specific choreography and may not ask the Dancer to choreograph or improvise a dance. The specific choreography:

(A) may not exceed four (4) eight-beat counts;
(B) must be capable of being performed in an indoor space no larger than eight (8) feet x eight (8) feet x eight (8) feet; and
(C) must be for a solo performance (i.e., no two-person or multi-person dances).

Articles A701 and A703 outline the process for booking Performers in order to ensure that they are given clear and timely information regarding roles, performance category, schedules, and compensation, with written confirmation of bookings and contracts provided before work begins.

A701 Booking
Upon Booking, Performers shall be given specific notice of the Role(s) to be played, wardrobe requirements, date(s), time and place of Production and a work schedule. The Booking, except for Background Performers, shall be confirmed in writing by means of a completed contract which shall specify all terms of the agreement including, but not limited to definite date(s) and fee(s). Such confirmation shall be made within five (5) days of the Booking whenever possible. In the event the Producer is unable to confirm the Booking within five (5) days, the Producer shall arrange with the Union office for the extension of such confirmation.

A703 Requirement to Provide Contract
The Performer shall be provided with a contract at least forty-eight (48) hours prior to the commencement of work. The signature of the Producer or the Producer’s designee shall be affixed to the contract form provided to the Performer. When exceptional circumstances dictate, the Producer may apply to the Union office for relief from the provisions of this Article. The Performer shall return a fully executed copy of the contract to the Producer the earlier of forty-eight (48) hours of receipt of commencement of rendering of services. The Producer shall file a copy of each contract with the Union office. The Union undertakes to maintain such information confidential and shall not allow anyone who is not a full-time employee of the Union or a party to the contract access to same without prior written consent of the Producer.

The provisions in this section outline various compensation expectations. This includes incidental duties, specific compensation rates for Choreographers, weekly rates, and the restriction of Background Performers and choreographed dance.

B101 Minimum Daily Fees (Per Performer/Per Program)

Note:

• Principal Actor includes Dancer (solo or duo) and Specialty Act
• Group Dancers are in groups of up to four (4) people.
• Actor includes Dancers in groups in excess of four (4) people.
• All rates and fees are based on an eight (8) hour day.

A2202 Incidental Doubling

A Principal Actor or Actor may do such minor singing or dancing which is incidental to the Principal Actor’s or Actor’s dramatic Role without additional compensation. A Singer may speak lines or dance a few steps which are incidental to the Singer’s Role, or a Dancer may speak lines or do such minor singing which is incidental to the Dancer’s Role without additional compensation.

A2303 Choreographer

(a) A Choreographer will be compensated at not less than the rate specified in Article B101 (Minimum Daily Fees (Per Performer/Per Program)), for each day worked on the engagement. A Choreographer shall be entitled to the benefits of all the terms and conditions of this Agreement, except that with respect to Use Fees, a Choreographer’s participation is limited to the ratable distribution set forth in Article C409.

(b) Double Contracting: Choreographers who perform in another Performer category (e.g., Dancer) on the same day(s) they provide, or are contracted to provide, Choreographer services, shall receive no less than the minimum daily fee for a Choreographer, plus the minimum daily fee for the other Performer category for that day. The other Performer fee(s), including overtime, shall be subject to Use Fees (where appropriate) and shall be noted on a separate Performer contract. Additional time rates, i.e., overtime, travel, etc., may be paid at the other Performer rate.

B201 Weekly Rate
A weekly fee equal to four times (4X) the applicable daily rate may be applied to Performers, other than Stunt Coordinators and Stunt Actors, who are contracted for five (5) days. The fee shall include forty (40) hours of time worked during a five (5) day period in any one (1) week. For work in excess of eight (8) hours in any one (1) day or for work on a sixth or seventh consecutive day, the overtime provisions of Article A12 (Overtime) shall apply. The overtime rate for the particular category shall be based on the hourly rate outlined in Article B101 (Minimum Daily Fees (Per Performer/Per Program)) or the Performer’s contracted hourly rate, whichever is greater. Performers who are engaged on a weekly rate shall remain on a weekly rate for the duration of the Performer’s engagement on the Production. The weekly rate may not be applied on a pro-rata basis except that the Producer shall be entitled to pro-rate the first and last “short” weeks of a Performer on a contract of at least three (3) weeks in duration.

D206 Crowd noises and singing and/or recital of certain commonly known verses in crowd scenes and/or speaking words or phrases of up to ten (10) words in unison shall not be deemed dialogue and shall not be individually directed. No Background Performer shall be required to perform choreographed dances.

While there are references to Rehearsals throughout the agreement, these provisions outline the conditions surrounding rehearsals for all Performers, including compensation and consent for the use of rehearsal performances in promo materials.

A346 Rehearsal
Performers may be called for Rehearsals which involve the reading of lines with blocking and other staging movements. Subject to the agreement of the Performers concerned, there may be temporary preservation of Rehearsal Performance. Use of preserved performance(s) of Rehearsal(s) is permitted for promos only, provided the Producer notifies the Performer at least twenty-four (24) hours in advance and the Performer provides prior consent. If the performance is used for promotional purposes, the Performer will be entitled to receive the fee prescribed in A3201. (See also A2306 Rehearsal.)

A2306 Rehearsal
Performers shall be compensated for time spent in Rehearsal at the Performer’s contracted hourly rate with a minimum two (2) hour call. [See also A346 (Rehearsal)]

The Articles below outline a portion of the protections in place for Performers asked to undertake potentially dangerous work. They define what constitutes a Risk Performance and establish that Performers cannot be required to take on such work without proper safety considerations, fair compensation, and the option to decline without penalty.

A348 Risk Performance means the undertaking of any action by a Performer (other than a Stunt Performer engaged to perform a stunt or stunts) which could reasonably be considered dangerous and beyond the Performer’s general experience or the placing of the Performer in a position which would normally be considered hazardous.

A2501 Undertaking of Risk Performance
Performers shall not be required to undertake Risk Performances. Whenever possible, Producers shall engage qualified Stunt Performers to undertake such work.

(a) Where it is not possible to engage a qualified Stunt Performer and other Performers are called upon to undertake a Risk or dangerous Performance they may:

(i) negotiate an additional fee which shall not be less than the fee for a Stunt Performer; or

(ii) refuse to perform the Risk or dangerous Performance but such Performers shall be paid fully for the engagement.

(b) Notwithstanding any agreement to proceed, the parties reserve the right to review the circumstances and require that a stunt fee be paid. If the parties fail to agree, the matter may be referred to the Grievance Procedure.

Section A13 of the BCMPA contains provisions for Rest Periods for all Performers, including A1301- Rest Between Days (or “Turnaround”). For Rest Periods specifically for Dancers, Article A1303 applies:

A1303 Rest Periods for Puppeteers and Dancers
Puppeteers and Dancers shall be permitted no less than ten (10) minutes’ rest in each hour, during which they shall not be required to perform any physical action. However, consultation and planning may take place during such rest.

Additionally, the provisions of Section A20 ensure a safe, sanitary, and respectful working environment for all Performers. They outline minimum standards, specific safety requirements for Dancers in A2002, as well as fresh-air breaks with the use of atmospheric smoke and haze. These protections support the physical well-being, dignity, and comfort of Performers. 

A2001 Dressing Room, Holding Area and Sanitary Provisions

(a) The Producer will provide the following facilities:

(i) a supply of pure drinking water;
(ii) a suitable seat for each Performer during rest periods;(iii) a stretcher or a cot of a type suitable for use as a stretcher;
(iv) separate dressing room facilities for male and female Performers where they may change their clothing in privacy and comfort. No Performer may be asked to change in a public washroom (unless it is closed to the public at the time the Performer is required to change) or in unsanitary facilities;
(v) separate changing room facilities for Minors of each sex;
(vi) a place of safekeeping (such as dressing rooms with adequate locks, lockers or a secured area) for checking normal personal belongings during working hours;
(vii) clean and accessible toilets and washrooms; and
(viii) first aid equipment.

(b) The Producer shall, where possible, provide for the exclusive use of Performers, clean and comfortable facilities (such as dressing rooms in studios and either trailers or motor homes on location) with reasonable temperature and adequate amount of space, and appropriate shelter during inclement or intemperate weather.

(c) The Producer shall be responsible for damage to, or loss of the Performer’s normal personal belongings and/or wardrobe or property required by the Producer unless a place of safekeeping (see (vi) above) is provided adjacent to the set or location on which the Performers are required to work. Notice of such damage or loss shall be given to an authorised representative of the Producer at the time the loss is discovered but in no case more than twenty-four (24) hours after dismissal unless extenuating circumstances exist.

(d) With respect to the facilities described in subparagraphs (a)(iv) and (v) above, Performers who do not identify as male or female may request special accommodations.

A2002 Safety Provisions for Dancers
Adequate time (up to thirty (30) minutes) and space must be provided to permit all Dancers to warm-up (perform limbering exercises) prior to dancing. In no event shall any Dancer be asked or assigned to rehearse on unsafe floors, or concrete cement, stone, or similar surfaces unless the surface is covered in such a manner as to result in a resilient dancing surface except on “camera day” when the requirements of other production equipment make use of such non-resilient surfaces unavoidable. It is understood that the Producer may request that the Union waive the above provisions which address non-camera day rehearsal when it is deemed that such precautions are not necessary for the style of dancing to be performed, such as the minuet. All Dancers shall be given prior notice if dancing on oily or wet surfaces is required. If a Dancer is not notified, the Dancer may refuse to perform on such oily or wet surfaces unless the Dancer has, or is provided, appropriate footwear.

A2003 Special Effects
Whenever fire, fog, smoke or other airborne special effects are used, the Performers shall be given leave, when they are not required on set, to go to another area where they may breathe clean air.

Section A24 outlines the necessary protocols for Performers when a role involves nudity, semi-nudity, or simulated sexual activity. With a focus on ensuring that Performers are fully informed about the nature of the scenes, Performers should be able to provide meaningful consent, and Production must honor the protections in place in order to maintain their safety and comfort. Key elements include proper advance notice during auditions, detailed contract disclosures, and specific rehearsal and performance guidelines.

When the requirements of a Role involve nudity, semi-nudity or simulated sexual activity, the following conditions, which are intended to ensure that Performers have adequate notice of what is expected and an opportunity to provide meaningful consent, and that measures are in place to ensure their safety and protect against abuse, apply:

A2401 Auditions

(a) Performers shall be advised in advance of Auditions if nudity or simulated sexual activity is a requirement of the script.

(b) No Performer shall be required to appear nude or semi-nude until after being auditioned as a Performer (i.e., as an Actor, Singer, Dancer, etc.) and in any case shall not be required to disrobe in whole or in part at the first Audition.

(c) In the event that nude or semi-nude Auditions are to be held, the Producer must advise the Union in advance.

(d) When a callback Audition requires nudity or semi-nudity, the Performer shall be notified of this requirement in advance.

(e) The nude or semi-nude Audition will be for the sole purpose of viewing the body. The Performers shall not be required to perform in the nude or semi-nude at the Audition.

(f) Such Auditions will be closed and will be limited to a maximum of five (5) persons who, it must be demonstrated, have a direct professional or artistic relationship to the Production and to the particular Audition. No other persons will be permitted to observe the auditions through the use of monitors or any other device that allows observation without being present. A representative of the Union may be present in addition to the five (5) Producer representatives.

(g) No photos, filming, taping or preservation of the Audition, by any means whatsoever, will be permitted without the prior written consent of the Performer which written consent must be provided on a form approved by the Union. Access to such materials shall only be granted to individuals with an essential business purpose. This material must be destroyed once it has served its purpose.

(h) No simulated sexual activity shall be required of any Performer at any Audition.

(i) Performers will be required to Audition nude or semi-nude on one (1) occasion only.

A2402 Contracts

(a) The specific requirements, including but not limited to the exact nature of the scenes involving nudity, semi-nudity or simulated sexual activity, the maximum degree of nudity required, the nature of attire (see-through clothes, etc.) and any other relevant information pertaining to the scene which may reasonably be expected to give a full, true and complete disclosure of the nature of the nudity, semi-nudity or simulated sexual activity required must form part of the Performer’s written contract and must be submitted to the Performer in writing at least forty-eight (48) hours prior to the signing of the Performer’s contract. In exceptional circumstances, when a Producer is required to replace a Performer who has been previously contracted for a nude scene on short notice (i.e., within forty-eight (48) hours of said Performer’s first contracted day), then the aforementioned forty-eight (48) hour provision may be waived provided that all other conditions of A24 (Nude Scenes) apply. The Producer shall notify post-production supervisors and editors with an essential business purpose of the applicable requirements.

(b) Performers may refuse to do anything not specified in the Performer’s contract without liability or forfeiture of any portion of the Contracted Fee.

(c) All Performers’ contracts must contain as a rider to such contracts all provisions of this Article.

(d) (i) The minimum fee for a Background Performer appearing nude in a scene shall be not less than that specified herein for an Actor, but such performance shall not attract Use Fees.

(ii) The minimum fee for any other Performer appearing nude in a scene shall not be less than that of a Principal Actor.

A2403 Rehearsal and Performance

(a) With the exception of the final Rehearsal for camera and lighting, there will be no rehearsing in the nude or semi-nude.

(b) During the final Rehearsal for camera and lighting, and during the shooting of scenes involving nudity, semi-nudity or simulated sexual activity, the set will be closed to all persons (and observation by means of a monitor prohibited), except for those having a direct and proven professional need to be present.

(c) Nude or semi-nude photos will be taken only if the Performer gives prior written consent, said consent to specify the nature of the photo and the planned use of said photo. Access to such materials shall be granted only to individuals with a legitimate business purpose. Unused stills, Polaroids, etc. and negatives of such scenes will either be turned over to the Performer concerned or otherwise accounted for to the Performer’s satisfaction.

(d) Clips or stills of scenes involving nudity, semi-nudity or simulated sexual activity shall not be used in promotion, publicity, trailers or in the case of television in recaps of previous Episodes without the written consent of the Performer.

(e) Using a body double for a Performer (who did not originally perform in the nude in the Production) to create a scene involving nudity, semi-nudity or simulated sexual activity in a Program shall not be done without the written consent of the Performer originally contracted for the Role. A complete description of the scene to be body-doubled will be submitted to the originally contracted Performer at the time consent to the use of a double is sought. Using a body double for a Performer is permitted where a Performer was contracted for and performed in a scene involving nudity, semi-nudity or simulated sexual activity in the Production and has given written consent, provided that the use of such body double is limited to the consent given.

(f) With the consent of fellow Performers, in the scene, and with the consent of the director, the Performer may have a personal representative on the set.

(g) Where necessary to verify contractual obligations, Performers may request to view the footage at the “fine-cut” stage of a scene in which they appear nude, semi-nude or in scenes involving simulated sexual activity. Permission to view such footage shall not be unreasonably withheld.

A2404  The Producer will use best efforts to engage an intimacy coordinator for scenes involving nudity or simulated sexual activity. The Producer will also consider in good faith any request by a Performer to engage an intimacy coordinator for other scenes. There shall be no reprisal against a Performer who requests an intimacy coordinator.