Please join us for a workshop from Philip Varmuza, CPA, CA
Tax Manager
Hogg, Shain & Scheck

Philip will discuss:

• navigating eligibility criteria for Canada Emergency Response Benefit and Canada Recovery Benefit;
• how to help your accountant prepare for tax filing for the 2020 tax year.

The workshop will feature a presentation followed by a question period moderated by Michael Murray, TMA149 Executive Director.

We hope to see many members attend using Zoom Videoconference.  Please note only those connecting by computer or mobile device will be able to ask questions using the chat function in Zoom.

Connection Details are as follows:

Topic: TMA149 CERB CRB and 2020 Tax Workshop w Philip Varmuza, CPA CA
Time: Feb 11, 2021 01:00 PM America/Toronto

Join Zoom Meeting
https://us02web.zoom.us/j/86027532716

Meeting ID: 860 2753 2716
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Artist and Cultural Worker Associations, Unions and Guilds met with Government to discuss CERB Eligibility Issues

Associations, unions and guilds (“associations”) representing over 75,000 artists and cultural workers from across Canada met virtually on December 17, 2020, with MP Julie Dabrusin (Toronto-Danforth), Parliamentary Secretary to the Minister of Canadian Heritage, Matthew Gray, Policy Advisor to the Minister of National Revenue, and other representatives from the Department of Canadian Heritage and the Department of National Revenue. At issue, self-employed artists’ eligibility for the Canada Emergency Response Benefit (CERB) and the recent letter over 400,000 Canadians received from Canada Revenue Agency (CRA).

“We appreciate the time the government has taken to meet with us, share insights and answer our questions, but we still do not have general agreement on the eligibility of $5,000 income as gross or net of related expenses, and we would like the government to agree to gross earnings,” said Theresa Tova, ACTRA National Treasurer and ACTRA Toronto President on behalf of the associations. “Our members applied in good faith and we would like an official statement put out by government that eligibility will be based on gross income before cultural workers have to endure a difficult holiday season.

“The fact is many of the self-employed gig workers who have received these letters are among the most financially distressed people in our country,” Tova continued. “On average, artists’ annual earnings are between $12,000-$16,000 gross, and during the pandemic, when their secondary service jobs also disappeared, they continued to have significant expenses like any small businesses.”

The associations were seeking clarity and a change of CRA policy regarding CERB eligibility expressed in the CRA letter. The associations believe the published CERB eligibility requirement to show an income threshold was gross self-employment income, not net of expenses. While the meeting did not result in a commitment from the Government to change their policy or provide a clarifying public statement, a number of clarifications about the CRA letter were provided during the meeting.

According to Government officials at the meeting:

• Canadians should know that the CRA letter is not a determination of eligibility, rather it was an early warning sign that the government did not yet have enough information to confirm their eligibility for CERB.
• The government always said that recipients’ eligibility would be verified after the program’s conclusion. CRA is at the beginning of this process, which will unfold over the coming months.
• Recipients who received the CRA letter may be eligible for the CERB, and in fact 2020 tax return information will help determine eligibility in many cases, but the CRA has not yet received that information.
• The CRA issued the letters to allow recipients an opportunity to return amounts in case they find themselves ineligible for one or more CERB periods for which they received the benefit.
• The timing of the letter and the December 31, 2020, target for returning funds were chosen to prevent impacts on 2020 tax returns and on other benefits such as the CCB or GST/HST tax credit. It is not a repayment deadline.
• There will be no interest or penalties assessed as a result of a CERB recipient not repaying ineligible amounts by December 31, 2020.

The associations and Government left the meeting with a pledge to continue to work together to provide additional clarification for communities. MP Dabrusin invited Canadians to contact their Member of Parliament for additional information on this or any other potential government benefit or program to see them through the pandemic.

-30-

A complete list of attendees at the meeting is as follows:

From Government:

• Julie Dabrusin, Member of Parliament for Toronto-Danforth, Parliamentary Secretary to the Minister of Canadian Heritage
• Irene Cheung, Policy Advisor, Office of the Minister of Canadian Heritage
• Matthew Gray, Policy Advisor, Office of the Minister of National Revenu
• Brendan Parsley, Parliamentary Secretary Assistant, Office of the Minister of Canadian Heritage

From Artist and Cultural Worker Associations, Unions and Guilds:

• Keith Martin Gordey, ACTRA National Vice-President and UBCP/ACTRA President
• Theresa Tova, ACTRA National Treasurer and ACTRA Toronto President
  Lisa Blanchette, Director of Public Affairs and Communications, ACTRA National
• Renuka Bauri, Canadian Arts Coalition
• Steven Sparling, Associate Executive Director, Canadian Actors’ Equity Association
• Sasha Sobrino, General Manager, CAPIC National
• April Britski, National Executive Director, CARFAC
• Jason Samilski, Executive Director, CARFAC Ontario
• Maegen Black, Director, Canadian Crafts Federation
• Kathleen Morris, Chair of Advocacy Committee, Canadian Crafts Federation
• Aviva Fleising, Interim Managing Director, Canadian Dance Assembly
• Alan Willaert, AFM Vice-President from Canada, Canadian Federation of Musicians
• Liana White, Executive Director, Canadian Federation of Musicians
• Ken MacKenzie, President, IATSE Local ADC 659
• Emmanuel Madan, Director, Independent Media Arts Alliance
• Michael Adam Murray, Executive Director, Toronto Musicians’ Association, CFM Local 149
• Neal McDougall, Director of Policy, Writers Guild of Canada
• John Degen, Executive Director, The Writers’ Union of Canada

Seeking Canada Recovery Benefit Clarification

Members have been reporting the following issues regarding the Canada Recovery Benefit (CRB):

1. For those that continue to earn some income, the requirement in any two week period that  “you worked and earned net income, but no more than 50% of your average two-week net income in 2019”.  Those that had low net income in 2019 are disadvantaged in the program and are limited in the earnings they can make while still qualifying.To address this issue, TMA149:
   • Has solicited examples from the membership to share with the Federal Government through our Federation.
   • Has asked the government, through our Federation, to consider the impact of such measures on the lowest earning individuals.
   • Continues to be involved in discussions about a Universal Basic Income in the arts.
2. Members are concerned that they will have to prove loss of work to be eligible.To address this issue TMA149:
   • Has asked the Federal Government, through our Federation whether cancelled contracts and cancellations at any point in the pandemic will be sufficient.
   • Is still making available the lost work form on the member side of the TMA149 website to help members keep track of lost work.  Lost Work entries will be saved as part of your profile.
3. Members are concerned that they are required to look for work in other fields while receiving the CRB.
   To address this issue TMA149:
   • Has offered the Federal Government, through our Federation examples of how musicians find work, and clarified how unlikely the Government of Canada Job Board is as a source for jobs for musicians.  We have proposed that evidence provided by a musician that they have inquired about jobs with leaders, contractors, engagers and / or looked on musicians’ job boards is sufficient for the purposes of proof of looking for work.

Making Sense of Reopening Rules

The Province of Ontario released its new “COVID-19 Response Framework: Keeping Ontario Safe and Open” on November 3, 2020 and it has been revised multiple times since that date.  Under the current version of the framework most of our local is scheduled to enter ‘Control (Red)’ classification by November 16, 2020.  In addition the Chief Medical Officers of the City of Toronto and the Region of Peel have made additional orders making the rules in those areas even more restrictive.

Here is a summary of the regions in our local and the level of restrictions as at November 16, 2020:

Protect (strengthened measures) – yellow:

• Simcoe Muskoka District Health Unit

Restrict (intermediate measures) – orange

• Durham Region Health Department

Control (stringent measures) – red

• York Region Public Health
• Peel Regional Health Unit – with additional gathering, dining and closure restrictions
• Toronto Public Health – with additional gathering, dining and closure restrictions

Further, TMA149 understands the following as it pertains to our membership, for all levels other than lockdown, including the additional measures in Peel and the City of Toronto:

• Recording studios, concert venues, theatres and cinemas, as well as other spaces, can open for the purpose of rehearsing or performing a recorded or broadcasted concert, sound recording, film/television scoring, recorded artistic event or recorded theatrical performance provided that no spectators/audiences are present, and performers maintain physical distancing (with limited exceptions). In addition, when in Control (Red) status singers and players of brass or wind instruments must be separated from other performers by plexiglass or some other impermeable barrier.
• For all other restrictions please review the new framework, the additional restrictions in Peel Region, and the additional restrictions in the City of Toronto.
• Unfortunately the $300 million announced for businesses affected by restrictions requires that applicants had a CRA Payroll account on March 15, 2020 and therefore will not be suitable for many members.  TMA149 is reminding government that by-and-large they have left musicians out of this form of support.

Advocacy Update

TMA149 and the Federation continue to advocate for musicians in the following areas:

• Advocacy that musicians are included in a fair and transparent reopening plan at the Province of Ontario and the municipalities and regions in our local.
• That musicians fairly benefit through increased public investment in the arts & culture sector and through legislative changes at the Federal and Provincial level.

Proposed 2021 Covid-19 Dues and Related Relief

In response to the acute negative economic situation faced by TMA149 membership the TMA149 Board of Directors is proposing a number of dues and related relief amendments to the TMA149 By-Laws.  The proposed relief includes a reduction in discounted annual dues from $235 per year to $196 per year, and a number of other measures including the suspension of expelled status for as long as allowed for by our Federation. The proposals will be heard at the December general meeting, require approval of the members at that meeting, which all can attend, and require approval of our Federation’s International Executive Board.

Respectful Workplaces in the Arts Workshops

TMA149 is partnering with Cultural Human Resources Council to bring our members workshops on maintaining respectful workplaces in the arts.  The Cultural Human Resources Council (CHRC) project, Respectful Workplaces in the Arts, addresses harassment in the workplace, including sexual harassment, bullying, discrimination and violence. As a part of this initiative, this workshop will ensure that artists and arts organizations across Canada have the tools, resources and training to prevent harassment of any kind, and build respectful workplaces as the norm in the cultural sector.
For musicians identifying as Female and Non-Binary:

When: Nov 27, 2020 12:30 PM Eastern Time (US and Canada)
Register in advance for this workshop:

https://us02web.zoom.us/meeting/register/tZAsfuiupz4sGNe0zguwaYP4WyBABd2BBKwa
For musicians of all identities:

When: Dec 1, 2020 12:30 PM Eastern Time (US and Canada)
Register in advance for this workshop:

https://us02web.zoom.us/meeting/register/tZEpcqvqDosHNH51Gs42qAmI4qVmG6wpwHf

Learn About Ontario Second Career Grants

You can get new skills – those needed for jobs in demand now – and financial support when you qualify for Second Career.

Apply for up to $28,000 for costs including:

• tuition
• books
• manuals, workbooks or other instructional costs
• transportation
• basic living allowance (maximum $410 per week)
• child care

Attend an upcoming free information session provided by George Brown College.

Ontario Together – Provincial Portal for PPE, Covid-19 Mitigation Ideas and Related Funding

The Province of Ontario has set up a portal to help businesses supply and source PPE, as well as receive ideas and proposals on how to mitigate Covid-19 while reopening the province.  There is $50 million in funding available for approved projects through the portal, and the province announced $300 million in support for businesses affected by the re-entry into Phase 2 in certain regions, including our region, of the province.  Additional details on how to apply for the $300 million announced are pending.

Ontario’s Community Building Fund

The Province is investing $100 million over two years to develop a Community Building Fund that supports community tourism, cultural and sport organizations, which are experiencing significant financial pressures due to the pandemic. These organizations support community engagement, tourism and recreation through a variety of attractions, experiences, events and activities. Funding support would be available to not-for-profit organizations and municipalities, and the program will be delivered by the Ontario Trillium Foundation (OTF) with two streams:

• Supports for local community tourism, heritage and culture not-for-profits, such as community museums, local theatres, fairs and cultural institutions, to help sustain their operations in the short term and create new attractions, experiences and events; and
• Funding for municipalities and not-for-profit sport and recreation organizations to make investments in infrastructure rehabilitation and renovation, in order to meet public health protocols and local community needs.

Assisting Ontario’s Arts Institutions

The government is providing one-time emergency funding of $25 million for Ontario’s arts institutions to help cover operating losses incurred as a result of COVID-19. This funding will help these organizations remain solvent and prepare for a time when they can fully re-open their facilities, resume full programming and welcome back their visitors and audiences.

Reconnect Festival and Event Program 2020-2021 and Funding Reminder

The Province of Ontario announced the Reconnect Festival and Event Program to:

• provide experiences that encourage people to travel locally and rediscover the beauty and diversity of their community
• draw attendees and provide positive economic impact for the local community, the region and the province
• create job opportunities for Ontarians, particularly in the tourism, culture and entertainment sectors
• increase Ontario’s profile through media and/or broadcast exposure to generate interest in future travel to the province once it is safe to do so again

Remember that this program is additional to special and regular funding at Canada Council for the Arts, FACTOR, Ontario Arts Council, Ontario Music Investment Fund, Ontario Trillium Foundation and Toronto Arts Council.

Mental Health Supports

TMA149 wishes to remind our members of the mental health supports:

• TMA149 Benevolent Funds – members who have mental health diagnosis may apply for support to the TMA149 Health Benefit and Member Assistance Fund, as well as the Federation’s Lester Petrillo Memorial Fund for Disabled Musicians. Log into the member side of the TMA149 website to find out more an access application materials.
• Unison Benevolent Fund Counselling & Health Solutions – The Unison Benevolent Fund offers a toll-free number to connect Canadian music professionals with resources and support for personal and practical issues. This service is free, anonymous, confidential and available 24 hours a day, 7 days a week. Before you make the call, please register with Unison. 1-855-986-4766.
• ConnexOntario – ConnexOntario provides service information for people experiencing problems with gambling, drugs, alcohol, or mental health. Helpful, supportive system navigation specialists answer all calls, emails or web chat requests 24/7. Connex Ontario referral service is free and confidential. 1-866-531-2600 or Chat or Email.

P2 Visa Fee Changes

Back in April our Federation joined with partners across the United States to call for the relaxation of visa rules and fees to support response to and recovery from the Covid-19 Pandemic.  USCIS ignored this call and doubled down.  Currently the P2 Visa regular processing fee is $460 USD.  Beginning October 1, 2020 the processing fee was scheduled to increase to $695 USD.  As already reported by our Federation, due to the political action of immigration advocates in the state of California, the P2 Visa increase and various other changes to immigration into the United States have been put on pause pending legal action.

USCIS after receiving this decision did quickly move to increase premium processing fees.

We will keep you updated and our Federation has put together a committee to formulate an ask of both the Canadian and US governments to relieve the burden of border crossing fees and wait times.  TMA149 Executive Director Michael Murray is a member of this committee chaired by Federation  Vice-President from Canada Alan Willaert, and including Canadian Office Executive Director Liana White, Local 547 Calgary Secretary-Treasurer Doug Kuss and Local 161-710 Washington DC President Ed Malaga.

TMA149 and CFM Office

Our office is remaining physically closed for the time being and we are working from home.  Although we are still accepting phone calls, mail and courier delivery, we ask that you access services by email whenever possible. Those working please continue to send contracts, reports, dues and pension contributions electronically, by mail or by courier.  Please note the Canadian Office of the Federation is open for electronic services and accepting P2 applications by mail.

Covid-19 Update Archive

All Covid-19 Updates and other Covid-19 resources may be found here:
https://tma149.ca/covid-19-archive/.

Always feel free to reach out to TMA149 Board or office staff with specific requests including regular business inquiries.

In Solidarity

The following proposed by-law amendments and motions aim to provide relief for TMA149 members from the continued financial, social, physical and mental burden of the Covid-19 Pandemic and the related public gathering restrictions.  The proposals are pending membership approval at the December general meeting and approval by the Federation International Executive Board.

2021 Covid-19 Motion 1 of 6 – Dues Relief and Restructure

2021 Covid-19 Motion 2 of 6 – Expelled Status Relief

2021 Covid-19 Motion 3 of 6 –Reinstatement Relief

2021 Covid-19 Motion 4 of 6 –Work Dues Relief for Music Lessons

2021 Covid-19 Motion 1 of 6 – Dues Relief and Restructure

WHEREAS TMA members have suffered a great loss of income and wellbeing from the Covid-19 Pandemic and the associated public gathering restrictions;

AND WHEREAS the TMA Board of Directors wishes to grant members relief of regular dues for 2021 as members respond to, and recover from, the pandemic and its effects;

AND WHEREAS the Federation has not signalled any plans to lower the per capita tax of $16.50 per quarter per member owing from TMA to the Federation, regardless of the dues charged by TMA to its members;

AND WHEREAS TMA members wish to ensure the TMA remains properly funded and fiscally sound for the long recovery ahead;

AND WHEREAS it is believed that TMA will achieve more long-term member engagement from a discount for paying four or more quarters, or signing up for pre-authorized payment, at any time of the year, versus an early calendar year discount;

AND WHEREAS the TMA Board of Directors wishes to provide quarterly payment as an option for Life, Student and Youth members, and clarify what makes a member eligible for Student and Youth membership.

THE TMA BOARD OF DIRECTORS MOVES that the following amendments be made to TMA by-laws to provide relief:

2021 Covid-19 Motion 2 of 6 – Expelled Status Relief

WHEREAS TMA members have suffered great losses of income and wellbeing from the Covid-19 Pandemic and the associated public gathering restrictions;

AND WHEREAS an Expelled membership status due to non-payment does not have the same meaning within the economic environment of the pandemic;

AND WHEREAS The AFM International Executive Board has provided locals with the ability to extend the automatic expulsion of members who fail to pay their 2020 periodic membership dues;

AND WHEREAS Article 10(3)(b) of the TMA By-laws states “A member suspended for non-payment of dues shall be automatically expelled for such non-payment after 6 months”;

THE TMA BOARD OF DIRECTORS MOVES that, retroactive to July 1, 2020, the expelled deadline defined in Article 10 (3) (b) of the TMA By-Laws be extended until either the TMA Board passes a motion to reinstate the deadline, or until the AFM International Executive Board ends the provision for local boards to extend such deadlines, whichever comes first.

2021 Covid-19 Motion 3 of 6 –Reinstatement Relief

WHEREAS TMA members have suffered great losses of income and wellbeing from the Covid-19 Pandemic and the associated public gathering restrictions;

AND WHEREAS TMA Members who resigned in good standing during the pandemic and wish to be reinstated should be welcomed back with appreciation.

THE TMA BOARD OF DIRECTORS moves to reinstate Article 14 (2) of the TMA by-laws, originally suspended in a motion at the May 2020 General Meeting;

FURTHER THE TMA BOARD OF DIRECTORS MOVES that the following amendment be made to the same article to provide greater relief:

2021 Covid-19 Motion 4 of 6 –Work Dues Relief for Music Lessons

WHEREAS the teaching of private and group music lessons remains regularly available work for musicians during the pandemic;

AND WHEREAS the TMA Board of Directors wishes to assist musicians at this time to ensure more of this work is reported to TMA;

AND WHEREAS the reporting of music lessons on contract will allow for members to become vested and remain vested in the Musicians Pension Fund of Canada;

AND WHEREAS TMA plans to launch an easy online music lesson reporting module in 2021;

THE TMA BOARD OF DIRECTORS MOVES that the following amendment be made to TMA by-laws to provide relief:

To our Members,

Canada Emergency Response Benefit Extension

The Government of Canada has announced that eligibility for the Canada Emergency Response Benefit (CERB) will be extended from maximum 24 weeks of support to maximum 28 weeks of support.  Our understanding is that the extension is made possible by regulation versus parliamentary approval, and therefore the extension can happen without a sitting parliament.  The extension will allow those who have received support in all six CERB periods thus far to also receive support in Period 7 (August 30 – September 26) if they meet the other existing eligibility requirements.  As you will see in the announcement, the Government’s plan is to propose and pass new benefits, deemed “Recovery” benefits, instead of further extending the CERB beyond Period 7.

Three New Recovery Benefits that Require Parliamentary Approval

In the same announcement the Government of Canada shared three planned Recovery benefits, that will require matching legislation to be tabled, debated and approved in Parliament, prior to taking effect.

• The Canada Recovery Benefit (CRB) will provide $400 per week for up to 26 weeks, to workers who are self-employed or are not eligible for EI and who still require income support and who are available and looking for work. This benefit will support Canadians whose income has dropped or not returned due to COVID-19. The benefit will allow Canadians to earn more income while on claim as well as include links to Job Bank, Canada’s national employment service, with career planning tools for those seeking employment. In addition, the government will be working with provinces and territories to share information to ensure that Canadians have access to tools and training opportunities to successfully return to the workforce.
• The Canada Recovery Sickness Benefit (CRSB) will provide $500 per week for up to two weeks, for workers who are sick or must self-isolate for reasons related to COVID-19.
• The Canada Recovery Caregiving Benefit (CRCB) will provide $500 per week for up to 26 weeks per household, for eligible Canadians unable to work because they must care for:
  • a child under age 12 due to the closures of schools or daycares because of COVID-19.
  • a family member with a disability or a dependent because their day program or care facility is closed due to COVID-19.
  • a child, a family member with a disability, or a dependent who is not attending school, daycare, or other care facilities under the advice of a medical professional due to being at high-risk if they contract COVID-19.

These benefits do not meet all of our Federation’s goals in recovery, but they go along way in addressing our main goals.  If you are still in communication with your MP it would be helpful to express your opinion of the newly announced benefits during your next point of communication.

Federal Advocacy for Financial Support

These are the highlights of Our Federation’s Written Submission for Federal Pre-Budget Consultations

• Recommendation 1 (CERB): That the government extend the CERB (Canada Emergency Response Benefit) until at least March 31, 2021, but preferably until all crowd prohibitions have been lifted and government allows live performance venues to reopen.
  OR: That the government extend the CERB (as above) and restrict the extension to entertainment workers.
  AND: That the government extend the CERB (under either of the above scenarios), and increase the $1,000 monthly non-penalized earnings, with a gradual claw-back of benefits, rather than termination of the benefit if the maximum earnings are exceeded.
• Recommendation 2 (UBI): That the government implement a Universal Basic Income.
• Recommendation 3 (EI Expansion): That the government expand the Employment Insurance (EI) program to fully include the self-employed, both as contributors and recipients.
• Recommendation 4 (EI Extension): That the government extend EI Regular Benefits, on a temporary basis, past the maximum claim period by 4-week increments, until such time as government lifts all crowd prohibitions.
• Recommendation 5 (RRSPs): That the government allow Canadians with Registered Retirement Savings Plan (RRSP) accounts to make non-taxable, limited withdrawals and to repay these withdrawals over a defined period.

While Parliament is prorogued you can still contact your Federal Member of Parliament to discuss the above recommendations, or additional recommendations.

Provincial Advocacy for Financial Support

These are the highlights of the TMA149 Submission to the Provincial Standing Committee on Finance and Economic Affairs

1. Introduce a Live Arts Labour Tax Credit and a Live Arts Labour Rebate
2. Work with Major Financial Institutions and the Federal Government to Introduce a Live Arts Financing Program to complement the Live Arts Labour Tax Credit and a Live Arts Labour Rebate
3. Research and consider incentivizes for Ontario Musician and Music Maker Participation in Screen-Based Productions that receive Ontario Cultural Media Tax Credits
4. Introduce Government of Ontario Backed Guarantees to Established Multi-Employer Pension Plans

TMA149 is scheduled to appear before the Committee on Monday August 24, 2020 @ 5:00 PM.

Please consider contacting your Member of Provincial Parliament to discuss the above recommendations, or additional recommendations.

Canada Emergency Business Account

TMA149 did not highlight the Canada Emergency Business Account early in the pandemic, as it was not a match for the majority of our membership.  Changes this summer make the loan program much more suited to many TMA149 members and we recommend you look into the program.

This $55 billion program provides interest-free loans of up to $40,000 to small businesses and not-for-profits.

Repaying the balance of the loan on or before December 31, 2022 will result in loan forgiveness of 25 percent (up to $10,000).

As of June 26, 2020, businesses eligible for CEBA now include owner-operated small businesses that do not have a payroll, sole proprietors receiving business income directly, as well as family-owned corporations remunerating in the form of dividends rather than payroll.

Canada Emergency Wage Subsidy

For those receiving or interested in the Canada Emergency Wage Subsidy(CEWS), the extension of the CEWS was passed prior to Parliament being prorogued, and the rules loosened for periods 4 through 7.   The key consideration for eligibility is whether members were employed or could be employed by an entity that had an existing CRA Payroll account, often referred to as a RP account, on March 15, 2020.  After changes made to the program in July companies using a 3rd party payroll company as the employer of record may be eligible. Please see the bulletin from the accounting firm BDO Canada for more information.

Ontario Stage 3 Reopening Guidelines

Our entire local has entered Stage 3 of “A Framework for Reopening our Province” and we would like to highlight TMA149’s understanding of Stage 3 Rules and Regulations as they apply to live musical performance:
Here is a summary of our understanding of the key Stage 3 regulations for our members:

1. Rehearsals, recording and scoring sessions, and streaming performances without an audience
   1. Musicians performing on acoustic, electric, electronic and computer-based instruments in a studio or location not open to the general public may do so without a set limit to the number of musicians and other workers (crew, technical workers, engineers, administration) allowed, but must observe other public safety measures (distancing, hand hygiene, contact tracing, etc.).
   2. This means that rehearsals, sound recording, recording for the screen, as well as being filmed playing or miming an instrument on a film / television set (aka ‘Sidelining’) and live performances for live or on demand distribution, without any audience in attendance, may occur under fewer limitations than if there is an audience involved.
2. Performances at restaurants and bars
   • Establishments must take appropriate measures to ensure physical distancing of at least two metres between patrons from different tables, unless separated by plexiglass or some other impermeable barrier.  Otherwise, outside of the City of Toronto there is no specific limit on the number of patrons allowed in the establishment.
   • Establishments in the City of Toronto have additional restrictions imposed by By-law 665-2020, that customers must stay seated except when a customer is entering or exiting the area, travelling to and from the premises’ washroom or paying.  Also for the City of Toronto, no more than 100 persons are permitted to be inside the premises at any one time, but an exception may be applied for to increase the limit to 200 persons.
   • Singing or music may be performed by a person or group at the restaurant or bar, with restrictions, including barriers between the stage and patrons if there are vocalists, wind or brass players performing, and physical distancing. Dancing may only be performed by someone working at the establishment with restrictions.
3. Performances at religious services, rites or ceremonies, and wedding ceremonies or funeral services
   • People gathering indoors for religious services, rites or ceremonies, and wedding ceremonies or funeral services, can continue to fill up to 30 percent of the capacity of the particular room, as introduced in Stage 2.
   • Singing or music may be performed by a person or group at the religious service, rite or ceremony, with restrictions, including barriers between the performance location and patrons when vocalists, wind or brass players are performing, and physical distancing. Dancing may only be performed by someone working at the service, rite or ceremony, with restrictions.
4. Performances elsewhere (at a planned or spontaneous event, indoors or outdoors, such as a community event or gathering, wedding reception, funeral reception, concert, live show, festival, conference, parade, sporting event, fundraiser, fair, festival, or open house).
   • Indoor gathering limit is a maximum of 50 people;
   • Outdoor gathering limit is a maximum of 100 people;
   • People at their place of work, including performers and crews, do not count towards gathering limits;
   • Performers must maintain physical distancing of two metres from every other person, except from other performers where necessary for purposes of the performance; and
   • Plexiglass or some other impermeable barrier is required between the audience and the stage when the performance involves vocalists, brass or wind players.

TMA149 Request for Changes to Stage 3 Reopening Guidelines

TMA149 has sent a submission to the Ontario Jobs and Recover Committee that the committee consider the following regarding Stage 3 Rules and Regulations:

1. Can an assured distance of 4 – 6 m between singers/performers of wind instruments and attendees provide the same protection as an impermeable barrier? If so, the updating of the guideline to allow for either an impermeable barrier or a 4 – 6 m distance would assist more producers and venues to put on live performing arts events safely.
2. Can the maximum number of attendees gathering be increased to allow for gatherings at 30% of capacity, like religious services, or perhaps even greater, using additional restrictions? Such as:
   1. Mandatory masks for all attendees;
   2. Limited speaking opportunities and perhaps even speaking, singing, and shouting restrictions for audience members;
   3. Limited alcohol availability and perhaps even alcohol restrictions;
   4. Reasonable time limits applied to events, nevertheless no longer than the length of time it would take for the performances / works / songs / repertoire planned for; and/or
   5. The discouraging of intermissions or breaks in performance where they can be prevented.

Increasing gathering limits under the above conditions would allow for performances to become more economically viable than under current restrictions.  TMA149 will be following up with similar and further requests of the City of Toronto in coming days.

Crowded Out – An Abacus Study commissioned by Music Canada on the Impact of Covid-19 on Musicians

Music Canada commissioned Abacus Data to study the impact of the pandemic on musicians’ lives, art, and, work.  According to the national survey of over 700 professional musicians most respondents say that the number of bookings so far for 2021 is lower than usual, and many don’t expect a quick return to the stage – either because of government restrictions or personal discomfort performing while the risk of the virus exists.

TMA149 COVID-19 Health & Safety Guidelines

We want to acknowledge that our membership may be uncomfortable returning to their work as professional musicians due to health and safety concerns.  No matter what your level of comfort every musician deserves a safe and healthy work environment, free of harassment. That is why we worked with provincial and municipal guidelines, and with guidelines developed with health professionals and musicians from Local 47 of our Federation in Burbank, California, to create a distinct set of TMA149 Covid-19 Health & Safety Guidelines.  Please share and discuss these guidelines with your fellow musicians, the leaders and contractors on your engagements, and if you are comfortable, with your engagers.

The guidelines are divided into the following four areas:

1. Facilities
2. Social Distancing and safety
3. Sheet music and other paper materials
4. Illness-related issues

While many of these responsibilities remain with the venue and / or engager under the Occupational Health & Safety Act, including the supply of any special equipment or barriers, members have an obligation to cooperate and make workplaces as safe and healthy as possible.

Ontario Arts Council Launches Arts Response Initiative

The Ontario Arts Council (OAC) has opened applications to its Arts Response Initiative(ARI) to help Ontario artists and arts organizations respond to challenges posed by the pandemic. Funding of $4,000 for individual artists, $15,000 for collectives and organizations and $30,000 for partnerships is available for one-time specialized support.  For more information visit the OAC Website’s ARI page.

City of Toronto Launches $2 million Partnership in Support of Black Music Professionals

Mayor John Tory announced a $2 million partnership between the City of Toronto, the Slaight Family Foundation and Advance, Canada’s Black Music Business Collective, to support the entry, retention and advancement of Black professionals in Toronto’s music industry.

Streamed Performances Part 1 – TMA149 and CFM/AFM Streaming Agreements – Tamizdat Resource – MPTF Support

We are aware that more than ever members wish to perform for live streams and on-demand streams to support their careers, to connect with their audience, and to create an income source at this difficult time.  These streams may be self-produced or at the request of a live or media engager.  The following are considerations before you produce a stream or agree to perform for a stream:

TMA149 and CFM/AFM Streaming Agreements

There are various agreements that have been promulgated or negotiated by our Federation for streaming to ensure musicians are paid fairly and have their rights protected when performing on a stream.  We find at this time the two most useful agreements for independent streaming are:

1. The TMA AFM Covid-19 Streaming Package (Login Required), which allows for live streaming with a percentage increase on a TMA149 negotiated or promulgated live agreement fee.   On-demand streaming requires an additional fee.  It is best suited for longer programs, such as whole concerts or long pieces (30 minutes +). This is the agreement that must be used if you would like MPTF support for a live-steamed concert that is free and open to the public.
2. Limited Pressing with Visual Step Up (Login Required), which allows for live and on demand streaming up to a cap, then must be converted into a full SRLA session.  Engagement fees are calculated based on the length of finished product (in segments of 15 minutes).  This agreement tends to be better for shorter content (30 minutes or less).

Tamizdat Streaming Resource – The Legal Landscape of Live Streaming

Our partner in advocating for fair musician immigration (more on that next), Tamizdat, has released a guide to the legal landscape in copyright for streaming, as well as some platform and monetization options.  While we do not support everything in the document we do believe it is a useful resource for members.  In Part 2 we will be working with Rob DeVito from Society of Sound on a Made in Canada resource guide.

Music Performance Trust Fund Supports Streaming Concerts

The Music Performance Trust Fund, associated with our Federation and the major recording labels, is now accepting applications for streaming concerts that are free and open to the public.  This is in addition to the regular support for live concerts that are free and open to the public.  They will be supporting a small number of these events through a grant equal to 100% of scale fees under TMA149 / CFM / AFM agreements due to musicians.   We are accepting applications through our local.  Please email Jay Boehmer, TMA149 MPTF Coordinator, with your ideas for streamed or live performances that are worthy of support.

United States Citizenship & Immigration Service Ignores the Federation and its Partners – Increases P2 Visa Fees

Back in April our Federation joined with partners across the United States to call for the relaxation of visa rules and fees to support response to and recovery from the Covid-19 Pandemic.  USCIS has ignored this call and has doubled down by increasing P2 Visa fees effective October 1.   We know this could not come at a worse time and we have not given up advocating for more reasonable artist immigration to the United States.  Stay tuned for next steps.

Currently and for all applications on or before September 29 the P2 Visa fee is $460 USD.  Beginning October 1, 2020 the processing fee is $695 USD.  The expected processing time is 60 days.  More information may be found on the Federation’s Canadian website, under work permits.

Next Covid-19 Town Hall – Friday August 28, 2020 @ 10:00 AM

We are having our next Covid-19 Town Hall Friday August 28, 2020.  Please bring questions for fellow members and TMA149 staff about next steps in response and recovery.

Suspension of Dues Penalties and Reinstatement Fees, Extension of Life Member Dues Deadline

In response to economic needs our membership has passed a motion to to suspend all late fees, penalties and reinstatement fees found in Articles 14 1(c), (2), (3), (4) and (5) of the TMA149 By-Laws.  This means that if you fall behind on dues you will be able to bring your membership into good standing by simply paying for missing quarters.  We are currently only able to make this offer until September 30, 2020 due to Federation restrictions, but we are in discussions to extend the offer.  In addition, to provide relief for our longest-standing and most senior members, the Board of Directors has extended the deadline to pay for 2020 Life Membership from April 1, 2020 to December 31, 2020.

TMA149 Health Benefits

Further, although no rule changes were required, the Board of Directors wishes to clarify that all members who have been diagnosed with, or tested positive for, Covid-19 may apply for support to the TMA149 Health Benefit and Extended Health Benefit, as well as the Federation’s Lester Petrillo Memorial Fund for Disabled Musicians.

TMA149 and CFM Office

Our office is remaining physically closed for the time being and we are working from home.  Although we are still accepting phone calls, mail and courier delivery, we ask that you access services by email whenever possible. Those working please do continue to send contracts, reports, dues and pension contributions by electronically, by mail or courier.  Please note the Canadian Office of the Federation is open for electronic services and accepting P2 applications by mail for those planning a post-Covid tour.

Covid-19 Update Archive

All Covid-19 Updates and other Covid-19 resources may be found here:
https://tma149.ca/covid-19-archive/.

New Website, Member Login and Lost Work Form

We have launched our new website and you should have received an email back in June from “tma@bellnet.ca” with login details.  Please check your junk mail folder if you cannot find the email. Once logged in you can update your instruments and other information for our directory and enter lost work due to Covid-19 in a form that will produce a form for your records.  The lost work forms and information can be retrieved at a later time by logging in again.  If you are having any trouble with login please contact Dennis Passley, Membership & Contracts Coordinator dpassley@tma149.ca.

Always feel free to reach out to myself or any of our office staff with specific requests including regular business inquiries.

In Solidarity,

Michael Murray, Executive Director

To our Members,

Advocacy for Extension of the CERB and other Measures

We know the vast majority of our membership faces great uncertainty about when they will be able to return to performing and earning a living. As we indicated in my last update and as many of you have reiterated to me through direct communication, the extension of the Canada Emergency Response Benefit for musicians is the top priority in our community. Both you and TMA149 represented by the Federation joined together with a coalition of performing arts workers in asking for an extension of the CERB until at least the end of 2020 in an April 21, 2020 letter to the Federal Government. You may follow-up this letter by:

1. Ensuring you and your contacts visit SaveLiveArts.ca and consider signing the petition to support the extension and other considerations; and
2. Having your own conversation with your local MP about the importance of the extension. You may direct them to the April 21, 2020 letter for a comprehensive request.

Please note that TMA149 followed up the April 21, 2020 letter to the Federal Government with its own May 13, 2020 letter to the Provincial Government with requests for support in the Province’s jurisdiction. You may wish to have follow-up conversations with your elected Provincial representative, your MPP, about this letter and feel free to reach out to me directly with any questions, comments or suggested additions.

Canada Emergency Wage Subsidy

While the extension of the CERB is our focus, considering the extension of the Canada Emergency Wage Subsidy has already been announced, we have decided to solicit more information on how members could become eligible for the subsidy both now and in the near future. We will share this information as we receive it. Those who are interested in the CEWS now, and who have access to accounting and legal advice, should speak directly with their accountant and/or lawyer on accessing the CEWS and what impact it may have on your business.

AFM Freelance Fund

Our Federation has launched a Musicians’ Relief Fund dedicated to freelance musicians. Please review the criteria and apply if you need assistance. Please note our members are eligible other than those that continue to receive payments under a Collective Bargaining Agreement. In the case of TMA149 this only excludes core orchestra members of TSO, COC, National Ballet and Tafelmusik, and those with ongoing work in Commercial Announcements.

Emergency Support Fund for Cultural, Heritage and Sport Organizations

The Federal Government has announced how distribution of its special fund for our sector will be distributed. If you or your organization have an ongoing funding history with the Department of Canadian Heritage, Canada Council for the Arts, or FACTOR, there may be support that impacts you in Phase 1 of the distribution. For details please visit this page.

Detailed List of Stage 1 Openings – Music Studios can Reopen

Please note as of May 19, 2020 Music Studios were included in the detailed list of businesses that can reopen under the Framework for Reopening our Province.

Safe Return to Work

As different parts of the community reopen, we are publishing our own recommendations as well as guidelines from our colleague organizations on the safe return to work in the recording and live sectors. Please visit this post for updates.

Mental Health Supports

As this crisis continues Mental Health is of greater and greater concern. Let’s support each other the best we can and know the Provincial Government has listed some great resources here.

May 22 Practice General Meeting – 11:00 AM

As a reminder if you are interested in attending the Online Annual General Meetings next week and you want to try out the technology and get a feel for the meeting style please attend today’s practice general meeting. Please note that General Meetings are quite procedural and much different from the Town Halls that we have been having for Covid-19 Updates. We will hold another Town Hall in June after the General Meetings have concluded.

Topic: TMA149 Test General Meeting
Time: May 22, 2020 11:00 AM

Join Zoom Meeting
https://us02web.zoom.us/j/94252501662

Meeting ID: 942 5250 1662

Recording of May 8, 2020 Town Hall

The recording of the May 8, 2020 Town Hall may be found here.

Suspension of Dues Penalties and Reinstatement Fees, Extension of Life Member Dues Deadline

In response to the economic needs of our membership the Board of Directors of TMA149 has decided to make a motion to the membership to suspend all late fees, penalties and reinstatement fees found in Articles 14 1(c), (2), (3), (4) and (5) of theTMA149 By-Laws. This means that if you fall behind on dues you will be able to bring your membership into good standing by simply paying for missing quarters. Further to provide relief for our longest standing and most senior members the Board of Directors has extended the deadline to pay for 2020 Life Membership from April 1, 2020 to December 31, 2020.

TMA149 Health Benefits

Further, although no rule changes were required, the Board of Directors wishes to clarify that all members who have been diagnosed with, or tested positive for, Covid-19 may apply for support to the TMA149 Health Benefit and Extended Health Benefit, as well as the Federation’s Lester Petrillo Memorial Fund for Disabled Musicians.

TMA149 and CFM Office

Our office is physically closed and we are working from home. Although we are still accepting phone calls, mail and courier delivery, we ask that you access services by email whenever possible. Those working please do continue to send contracts, reports, dues and pension contributions.
Please note the Canadian Office of the Federation is open for electronic services and accepting P2 applications by mail for those planning a post-Covid tour.

Covid-19 Update Archive

We are archiving these updates here.

Resource List

We also wanted to repeat and add to our list of additional resources:

• Canadian Federation of Musicians Covid-19 Resources Page
• SOCAN Covid-19 Resources Page
• Toronto Hydro, Ontario Energy Board, Toronto Utilities, Toronto Property Taxes, resources for bill assistance – City of Toronto has announced a 60 day grace period for taxes and other City of Toronto payments as of March 16, 2020
• Bill Payment arrangements for Rogers (also Fido), Telus, Bell, Koodo, Freedom
• Financial Assistance from the AFC
• Financial Assistance from Unison Benevolent Fund
• Province of Ontario Social Assistance

Again feel free to reach out to myself or any of our office staff with specific requests including regular business inquiries.

In Solidarity, Michael Murray, Executive Director