Arts Professions Recognition Act
Summary
The Arts Professions Recognition Act acknowledges professional artists as independent contractors. To be a professional artist, one must meet three of the following criteria:
- The artist has received public or peer recognition;
- The artist promotes or markets their work;
- The artist’s work has been presented to the public by means of exhibitions, publications, performances, readings, screenings or other means;
- the artist has received training or acquired traditional knowledge;
- the artist has membership in an artists’ association or in an organization representing the artist’s artistic field whose membership or categories of membership is or are limited under standards established by the organization; and
- the artist holds copyright in the artist’s work and has received royalty or residual payments based on that copyright.
Subject to the regulations, a public entity is not allowed to contract with or retain the services of a professional artist to produce an artistic work or product, present an artistic work or production to the public, or engage in an enterprise that circulates or disseminates artistic works to the public without having entered into a written contract with that professional artist.
In Force: December 2, 2021