Terms of Trade

The CMPA has successfully negotiated, on behalf of its members and the entire Canadian independent production sector, a Terms of Trade agreement that came into effect June 1st 2011. This is a historic deal that will redefine the relationship between producers and broadcasters.

The agreement has been signed between the CMPA and Astral, Bell Media (CTV), Corus, Rogers and Shaw Media. Negotiations with the CBC will begin later this year. Canadian Producers and Broadcasters will be required to adhere to Terms of Trade on a go-forward basis - it will apply to all independently produced projects developed and commissioned by the private broadcast groups.

The deal applies to the entire life cycle of a show - from first pitch, through to development, production and broadcast on all platforms. Key areas covered by the deal include:

Development and Evaluation
Licensing Conditions
Editorial Control
Licence Term
Rights
Equity
Super Licence Fees
Producer Tax Credits
Timeframe and Administration

The agreement came into force as of June 1, 2011 with the exception of certain parts related to the financing of programs, which will come into force as of August 1, 2011. Please see section 13 for specifics relating to the timing of implementation of the various elements of the agreement.

Please click here for a copy of the Terms of Trade agreement. Please note that while Corus signed a separate Terms of Trade agreement, it contains no substantive differences from the agreement signed with the other broadcasters.

Click here to see CMPA’s Terms of Trade press release (April 4, 2011)

Notice:

Members are reminded that section 13(a) of the Terms of Trade Agreements (“Agreements”) between Astral, Bell Media, Corus Entertainment, Rogers Broadcasting and Shaw Media provides that the Agreements came into force as of June 1, 2011, save for sections 7, 9 and 10, which are the financing provisions of the Agreements, and which will come into effect on August 1, 2011.

It is the CMPA’s position that a broadcaster and independent producer must have at least an executed short-form agreement (i.e. signed by both parties) in place in advance of the June 1, 2011 implementation date in order to bring the project in question outside of the auspices of the Agreements.

The CMPA therefore considers that any projects for which executed short-form agreements are not in place by June 1 must conform with the Agreements.

Road Show

CALGARY - July 20th

EDMONTON - July 20th

VANCOUVER - July 21st

WINNIPEG - July 26th

TORONTO - July 28th

HALIFAX - August 4th

MONTREAL - August 5th

OTTAWA - August 8th

REGINA - August 11th

Contacts

The CMPA is committed to assisting you in navigating this transitional period and ensuring the successful implementation of the agreement. For further information, members can contact 416-304-0280 or 800-267-8208 (Canada only).

John Barrack
Chief Operating Officer and Chief Legal Officer

416-304-0280 Ext. 227

Reynolds Mastin
Counsel

416-304-0280 Ext. 225

The CMPA will shortly be providing a guide regarding key provisions of the agreement to assist producers in understanding its interpretation and application. To be kept informed of Terms of Trade updates and information please register for our distribution list here.