Tag Archives: Canadian

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Recent News

Airline Travel with Musical Instruments in Canada Update

by Allistair Elliott, AFM International Representative for Canada

Early in 2015, after several years of lobbying efforts by AFM Legislative and Political Director Alfonso Pollard and AFM International President Ray Hair with the National Instrument Carry-On Coalition, the US government voted the Federal Aviation Administration (FAA) Modernization and Reform Act into legislation. It regulated the carriage of musical instruments onboard US air carriers. About that time, given that this act governed US aviation only, AFM Vice President from Canada Alan Willaert asked me to represent the CFM office on behalf of musicians travelling with instruments on airlines in Canada.

With the help of our Ottawa lobbyist, Isabel Metcalf, we began a series meetings that included airline councils, the Canadian Transportation Agency, and the Minister of Transport’s office. We found out that the Government of Canada, under the Harper government, had initiated a complete review of Canadian Transport. Working quickly, we were able to submit documentation of our concerns with a follow-up meeting to the Transport Review Committee.

Chaired by the Honorable David Emerson, PC, OBC, the Canadian Transportation Act Review Report was tabled February 25, 2016. The review encompassed all modes of transport, from rail to shipping, trucking to airlines. We were thrilled to report at that time, the assiduity of our effort was not only mentioned in the report, but also cited as an example of a general theme of harmonization with US and EU transportation standards. Soon after the report was tabled, Air Canada initiated some changes to their own airline policy regarding musical instruments. The changes, which were generally positive, included priority boarding for musicians with instruments and the purchase of a second seat for musical instruments (such as a cellos) was reduced by 50%.

With the change in government, there were many changes in staffing, including a new Minister of Transport, Marc Garneau. After meeting with his staff, we were assured that he would be looking at the recommendations of the Emerson Report on Canadian Transport.

Earlier this year, Garneau announced he would initiate a new passenger bill of rights to modernize the transport industry. It has been important to continue our lobbying efforts, meeting with CTA staff, Garneau’s office, opposition transport critic Kelly Block, MP, and Judy Sgro, MP, chair of the Standing Subcommittee on Transport.

On May 16, 2017, Garneau announced the Bill C-49 proposal to amend the Canada Transportation Act. One of the items detailed in the paper is a requirement that carriers implement standards for transporting musical instruments. This is another step in the right direction for our efforts in this area. The bill has gone through second reading in the House of Commons, and will likely go to committee in September. We have already requested to appear before committee and over the summer we are preparing for this.

Recently there have been some concerns with new Canadian Air Transport Security Authority (CATSA) procedures at some Canadian airports. CATSA has initiated a newer, more efficient, and more automated CATSA Plus. Some musicians have raised concerns about travelling through security with instruments. CFM is working with CATSA to determine the best advice for musicians who have concerns. (Alfonso Pollard’s column in the March 2017 IM has additional information regarding US Transportation Security Administration automated bin lines.) I am currently in communication with CATSA and I hope to soon provide information via local offices with regard to passenger rights going through security at airports.

Our goal throughout our lobbying effort has always been, and remains to be, to achieve harmonization with the FAA Carry On Act, so that musicians travelling throughout North America will have the same policies when travelling on any airline with a musical instrument. In that regard, we continue to work on behalf of all musicians so that the toughest part of the gig is not getting there!

Jane Suberry
Member Profiles

Northern Star: Jane Siberry on a New Musical Journey

Jane Suberry

Canadian musician Jane Siberry of Local 149 (Toronto, ON) has a goal to live more authentically, and lets her heart and music decide where she will travel next.

At 60 years old, Canadian singer-songwriter Jane Siberry says she’s inching toward her prime. “Maybe there are several primes,” she muses. “My goal—maybe a lot of people’s goal—is to live more authentically. Don’t make a move until it pushes you from inside.” Planning is not typical for Siberry, but other projects she thinks about include a TV talk show with musical guests, and a detective TV series for which she’d enlist her musician friends—a light-hearted show covering complex issues, she explains. 

Siberry’s new CD, Angels Bend Closer—her first in five years—is garnering the kind of praise that secured her cult-like status 35 years ago. Here, she confronts hopelessness and doubt, but true to form, Siberry inevitably provides solace, a way of feeling whole again. She says, “It was time to do songs that were safe, direct, familiar, not too weird or outside.” The album is listed In NPR’s Best Music of 2016. 

It took her five years to complete Angels working intermittently in different stages. “People might ask why it’s been so long,” she jokes, “Who knows? Maybe they thought I was working at a Whole Foods or something.”

“I went through my whole catalog and I was surprised to find there’s a through line: trustworthy, consistent. I’m much more direct now. I don’t use he and she, I use ‘you.’ I try not to be too cryptic.” She says candidly, “We don’t have that much time, let’s dive in. I’m sort of like that in person, too. It’s a good feeling when you’re not tentative. You’re operating from a whole different foundation.” 

Siberry of Local 149 (Toronto, ON) is largely self-taught, having learned to play piano by ear at a young age. Later on, she would draw on classical and operatic works to create her distinctively lush, ethereal sound. As a teenager, she learned to play the guitar by working through the repertory of fellow Canadian Leonard Cohen.

Already a union member at 18, Siberry began recording in the 1970s. In the 1980s, when she moved into electronic art pop,  she became internationally recognized.

Siberry’s second album, No Borders Here (1984), yielded her first single, the hit “Mimi on the Beach.” With her breakthrough album, The Speckless Sky (1985), she earned awards and the attention of artists like Brian Eno, who collaborated on a later album, When I Was a Boy. Her duet with Local 145 (Vancouver, BC) member k.d. lang, “Calling All Angels,” from the same album, has been featured in two films: Wim Wenders’ Until the End of the World (1991) and Pay It Forward (2000).

In 2006, Siberry adopted the name, Issa, and shed most of her possessions, keeping only one guitar. And then six years ago, she made the switch from performing in larger clubs to smaller venues—home concerts in a salon-type setting.

“I move around a lot and that was part of changing my name—to be more at the behest of the universe,” she says. These days, her only home is a cabin in Northern Ontario, where she retreats when not touring. Her traveling companion is her beloved border collie, Gwyllym.

Siberry credits executive producer Dellamarie Parrilli for adding energy to the arrangements on Angels. “She took what she loves about my music and tried to exaggerate it, making things more poignant, more soaring, elevating my voice,” explains Siberry.

“Part of our jobs as musicians is to be a barometer—it’s a natural thing,” Siberry says. I write about things I wish I had heard people talk about when I was 16. “There weren’t very many people [talking about them], except maybe Leonard Cohen and Joni Mitchell [of Local 47 (Los Angeles, CA)]. I felt like that was a party I wanted to join.”

It was through jazz that Siberry became more interested in formal writing. She says she has always “trusted” jazz musicians. “I understand their kind of musical poetry. I’m being spoken to respectfully. They’re connected enough to themselves. I’m hearing how someone else is living their life,” she explains. Jazz players are also better suited to her music and performances, which involve a lot of on-stage improvising.

“I sometimes think the true role of the musician should be unterritorial, more like shaping than writing a song,” she says, adding that she wouldn’t mind if someone decided to change some of her lyrics. “We’re all different musical beings.”

Every now and then Siberry performs with k.d. lang and says she looks forward to the day when they do “Living Statue” together on stage. In the meantime, Siberry will tour wherever the new CD events and celebrations take her—as long as Gwyllym can go, too.

She may play Carnegie Hall, or head to the mountains in Wales, she explains. Some shepherding friends have invited her to help take the sheep up the mountain when they’ve got their lambs—one event where Gwyllym will be the star. After the sheep are up the mountain, Siberry will tour the UK, walking from town to town and gig to gig.

unity conference
Officer Columns, Vice President from Canada

Unity Conference Offers Valuable Union Insights to Attendees

The annual Canadian Conference, which took place in Windsor, Ontario, August 7-9, was special this year as it was a Unity Conference, held in conjunction with the Organization of Canadian Symphony Musicians (OCSM). The two conferences normally have significantly different agendas. While the attendees to each come from different backgrounds and have completely different roles, they are all connected by one common denominator— membership in the AFM.

Meeting new people and building relationships is so very important in music, yet much of that personal contact has given way to social media contact. While the Internet is tremendously valuable, it cannot take the place of one-on-one conversations. This was an opportunity to get back to basics, learn each other’s role in the industry, take advantage of the networking possibilities, and learn from diverse thinking in problem-solving exercises.

There were presentations from Local 145 (Vancouver, BC) and Local 406 (Montreal, PQ) to help the delegates better understand the current lack of film scoring in Vancouver and the unique circumstances involved in bargaining in the province of Quebec. Both spawned considerable after-hours dialogue, resulting in at least one resolution to form a committee to address the changing film scoring scene and review the existing scoring agreements. While a primary concern of the Vancouver local, Quebec also has a huge vested interest in the possibility of attracting scoring from Europe and other French-speaking areas. In addition, there are other francophone communities in Canada that are a market for this content.

While many topics were discussed, one of the most urgent was work at festival and trade show events where, while live music is often centric, musicians are largely unpaid, yet recorded and broadcast on cable or Internet. Another was the status of freelance players who are not covered by collective agreements. While they represent the largest sector of the membership, they are also the most vulnerable to exploitation, unpaid gigs, and unauthorized recording, and therefore deserving of far more AFM attention and specific services. That said, our freelance musicians and self-contained bands are the most difficult to organize, since the concept of Collective Bargaining Agreements (CBAs) or collective actions are foreign to them. For the most part, they find their own shows, market to their specific fan base, produce and distribute their own recordings, and seldom give a thought to utilizing AFM contracts for any of it.

An area of particular concern to the OCSM delegates was the erosion of CBC remotes. In previous years, each orchestra looked forward to at least a half-dozen broadcasts, which would both significantly increase the revenue on the gig, and generate interest in classical music among listeners. With the government’s slashing of funding and subsequent budget cuts, the CBC is left airing existing commercial recordings. The OCSM Media Committee, along with representatives from the CFM, is looking at creative options.

One of the highlights of the conference was the address by AFM President Ray Hair. An information-packed PowerPoint show began with the formation of the AFM, its roots, opponents, and raison d’être. While touching on the evolution of the Federation, it outlined the current agreements in place with employers—both US and Canada—and progress that has been achieved in the area of performance rights, regulations, and negotiations with other countries, ensuring proper compensation for commercial uses of North American music. Hair continued, describing attempts at union-busting (unfortunately, much from within), as well as the solidarity necessary to overcome, adapt, and prevail. He further used the AFM’s controversy with the Musicians’ Rights Organization of Canada (MROC), in its initial stages, as an example of the benefits to members that could be accomplished with dialogue and patience.

Any Conference loaded with that much information, controversy, and constructive communication must be deemed a success, and the contributing factor, in no small part, was the careful planning and flawless execution by the officers and members of Local 566 (Windsor, ON). Special thanks to Secretary Lynne Wilson-Bradoc and President Chris Borshuk for their hard work, attention to detail, and of course, the presentation of some of the finest musicians in the Essex-Kent area.

It was also pleasing to note many musicians attending as visitors from the local, as well as local officers. Special thanks to Local 802 (New York City) President Tino Gagliardi and Local 5 (Detroit, MI) President George Troia for attending and acting as resources for delegates. Members are always welcome and encouraged to attend these events to gain greater insight and see solidarity in action.

Pour la version francaise, cliquez ici.

Music Business, Resources, Traveling Musician

Canadian Waivers and Taxation for Foreign Artists

robert-bairdby Robert Baird, President Baird Artists Management (BAM!)

Ignoring the taxation requirements of a foreign country can lead to unforeseen complications, as this letter illustrates:

We sent an American ensemble to Canada in 2013. We had obtained an approved R-105 waiver in advance. Consequently, no taxes were withheld. We did not realize that we needed to file a Canadian tax return. When we applied for a waiver last summer, we were surprised to have it rejected. The presenter withheld 15% and we’d like to get it back. What do we do now? 

R-105 Waivers are used in Canada to reduce or eliminate the 15% required withholding on services provided in Canada by a nonresident. Even with an approved R105 waiver in Canada, you are still required to file a Canadian income tax return the following year; otherwise, subsequent waiver applications will be denied until your tax filings are up-to-date. This is made clear in the approval letter from Revenue Canada. R105 waivers do not represent the final Canadian tax obligation of a foreign artist: the ultimate tax liability can only be determined after an assessment of a Canadian tax return.

There are two types of R105 waiver applications:

1) Treaty-based waivers—Treaty-based waivers are granted if there is a treaty between Canada and another country. Currently, there are more than 80 tax treaties in force. (Visit http://www.fin.gc.ca/treaties-conventions/in_force-eng.asp for a list.) Generally, where there is a treaty, if an artist earns less than $5,000 a year in Canada, with certain restrictions on time spent in Canada, a waiver will be granted. For American artists the amount is less than $15,000 per year.

2) Income/expense waiver—If you do not qualify for a treaty-based waiver, you can still apply for an income/expense waiver. You submit a summary of your gross Canadian income and claim applicable expenses against that amount. The net income is then assessed for tax liability. A waiver may be granted or the required withholding may be less than the required 15%. Applicable expenses include: professional service fees (managers, agents, etc.); accommodations and/or meals; travel to Canada and between places in Canada; mileage for personally owned or rented vehicles used in Canada; equipment rental other than vehicles; and remuneration paid to other persons providing services in Canada (for example, resident or nonresident employees, or subcontractors).

[Note: Fees paid to nonresidents require the 15% withholding unless you acquire an approved R105 or R102 waiver for them as well].

Whether you received an approved waiver or had monies withheld, you should always file a Canadian tax return. It’s a requirement for future waiver approvals and you may receive a refund of monies withheld. Individuals should file a T1 return by April 30 and corporations a T2 return by June 30 of the following calendar year. In addition, if you used subcontractors or employees, you will need to issue T4A-NR slips to each individual, remit withheld monies to the receiver general of Canada by the 15th of the month, following the month in which the payment was made to the nonresident and file a T4A-NR information return (T4A-NR slips and summary form) by the last day of February in the year following the year in which the amounts were paid. Note that there are significant penalties for failing to file tax returns and required forms as indicated.

Nonresident artists need to be aware of waivers and tax filing requirements when coming to Canada to perform.

—I welcome your questions and concerns.
Please write to me at: robert@bairdartists.com. While I cannot answer every question I receive in this column, I will feature as many as I can and I promise to answer every e-mail I receive.

To read this article in French visit: www.internationalmusician.org/la-fiscalite-canadienne-et-les-dispenses.