Consumer Tips

Talent Agencies

In British Columbia, talent agencies must be licensed. A talent agent may receive wages from employers on behalf of employees who have performed work in the film and television industry. For more information on the Employment Standards Act, you may contact the Employment Standards Branch at (604) 660-4946 or toll-free at 1-800-663-3316.

DEFINITIONS

- 'Talent Agency' means a person that, for a fee, engages in the occupation of offering to procure, promising to procure or procuring employment for actors, performers, extras or technical creative film personnel.

- 'Technical Creative Film Person' includes, film directors, directors of photography, production designers, art directors, persons involved in writing or rewriting scripts, hair stylists, make-up artists, costume designers, and animal coordinators involved in the production of a film, video, television show or television commercial.

LICENSING

A talent agency must apply for a new licence, annually. Each licence is issued with an expiry date. To obtain a licence you must complete an application form available at any Employment Standards Branch office or on the website at www.labour.gov.bc.ca/esb/forms. Licence applications are processed at the Vancouver office of the Branch. To receive your licence you must submit a completed application form, a licence application fee of $100.00, and a copy of your talent agency's standard contract. For a list of licensed talent agencies in British Columbia, please go to the following link: http://www.labour.gov.bc.ca/talent/list.htm.

BONDING

As part of the licensing requirement, a talent agency must post a bond with the Director of Employment Standards. The amount of the bond is based upon the average earnings of a performer, according to the British Columbia Film Commission's yearly statistics. The current bond amount is $725. A bond may be in the form of cash, an irrevocable letter of credit, or other security that accords with the Bonding Act.

RESPONSIBILITIES OF TALENT AGENCIES

Talent Agencies must display their licence number on any contract or written agreement made with a client (the employee).
Talent Agencies that receive wages from an employer, on behalf of an employee, must ensure that the employee receives the wages within the following time frames:

- 5 business days of receipt of payment, if payment is made from within British Columbia.

- 12 business days of receipt of payment, if payments made from outside British Columbia.
Should a talent agency be unable to locate their client (the employee) to pay the wages, they must forward the wages to the Director of Employment Standards within 60 days after wages are received.
The Director of Employment Standards will hold the monies in trust for the client (the employee) and provide a receipt to the talent agency.

TALENT AGENCY COMMISSION/FEE LIMITS

The B.C. Ministry of Skills, Training and Labour has developed the following regulations:

- Talent agents in B.C. must be licensed by the Director of Employment.
- Talent agencies may not charge more than 15 % commission on wages.
- Photo fees (up to $25 annually) may only be deducted from actual earnings.
- No other fees may be charged by a talent agency for finding or securing work.

NO KICKBACKS

Talent agencies may not make a payment, directly or indirectly, to a person for obtaining or assisting in obtaining employment for someone else, other than by paying for any form of advertisement placed by the talent agency.

RECOVERY OF WAGES

Talent agencies receiving wages from an employer, on behalf of an employee will be treated as the employer by the Employment Standards Branch. If wages are not paid to an employee in accordance with the Act and Regulation, the Branch can take legal action to collect the outstanding wages (including interest on unpaid wages) from the talent agency.

Directors and officers of talent agencies are personally liable for unpaid wages. Should collection against the talent agency fail, a Determination can be issued against each director or officer of the talent agency to collect the outstanding wages.

PENALTIES

The Director of Employment Standards reserves the right to cancel, suspend or refuse to issue a licence to any talent agency. If a talent agency is in violation of any of the provisions of the Employment Standards Act or Regulation, they may lose their licence and face escalating penalties.

Note: Consumers may wish to contact the Actors and Modelling Information Service in Toronto. This is a non-profit association staffed by volunteers from the industry that are dedicated to the education and protection of those members of the general public who are interested in training and careers in the fashion and/or entertainment industries. Phone 1(416) 977-3832.