10:00 EQUAL ENGAGEMENT OPPORTUNITIES AND INCLUSION 10:01 Shared Commitment

Equity and the Theatre are committed to the expansion of engagement opportunities for Artists who self-identify as diverse (e.g. Aboriginal, age, disability, ethno-cultural identity, gender, or sexual identity), so that all Artists may be included in the practice of theatre, and our stages reflect the full diversity of Canadian society.

10:02 Equal Engagement Opportunities

Equity and the Theatre agree to promote the practice of equal engagement opportunities, designed to encourage and increase diversity and to eliminate discrimination in theatre. To this end, with due respect for the requirements of and suitability for a job, and with the understanding that there can be no interference with the contractual rights or artistic discretion of the playwright, Director, or Choreographer, the Theatre advocates a flexible, imaginative casting policy, known as inclusive casting.

(A) Inclusive Casting

Inclusive casting shall be defined, for the purposes of this Agreement, as the casting of Artists who self-identify as diverse (e.g. Aboriginal, age, disability, ethno-cultural identity, gender, or sexual identity), in roles where ethnicity, gender, age, or the presence or absence of a disability is not prescribed.

(B) Notice of Inclusive Casting Policy

The Theatre shall declare its inclusive casting policy in all casting notices and breakdowns. In the absence of such a policy, the following language shall be used: “We are committed to diverse, inclusive casting. For every role, please submit qualified performers, without regard to age, disability, ethno-cultural identity, gender, or any other basis prohibited by law unless otherwise specifically indicated.”

(C) Records

For each production, the Theatre will gather demographic information about all Artists engaged on the production. Equity will develop the form on which this information is collected, which will be distributed to the Artist for voluntary completion on the first day of engagement. The completed form, which will neither contain nor disclose the Artist’s name, will be collected by the Theatre in a sealed envelope and forwarded to Equity. Data derived from this collection will be reviewed annually and Equity will then determine how the aggregate data derived from the review will be used and presented in order to promote successes and best practices.

(D) Equity’s Commitment to Data Collection

Equity commits to encouraging and educating its members in the importance of their participation in the collection of this data.

ITA 2015-2018 | page 13 11:00 BREACHES

11:01 By The Theatre

(A) Conditions

Should Equity and/or any Artist claim that a Theatre:

(i) has breached the ITA; or

(ii) has breached any ITA Engagement Contract; or

(iii) has made any false statement in connection with any engagement

agreement or standard ITA Engagement Contract form tendered to the Artist; or

(iv) has engaged any Artist for duties which fall within the scope of the

ITA under any form of contract other than a standard form; or

(v) is in default under any ITA Engagement Contract, or is in breach of any such ITA Engagement Contract; or

(vi) has knowingly engaged or continued to engage subsequent to notice by Equity any Equity member who is not a fully paid-up member in good standing of Equity; or

(vii) has failed to give or deposit security at the time and in the form and

amount required by the ITA; then:

(B) Procedure

Equity will, within thirty (30) days of a breach occurring, or within thirty (30) days in which Equity ought reasonably to have known of the breach, but in any event no later than ninety (90) days of the occurrence, provide the Theatre with full details of the complaint in writing. Upon final determination that such breach(es) has/have occurred, the Artist may with the consent of Equity terminate forthwith his/her engagement.

(C) Payment

In addition, the Theatre agrees that it will pay the Artist forthwith in full for all services rendered by him/her not already paid for, plus any other sum to which the Artist may be entitled by the ITA or his/her ITA Engagement Contract.

(D) Punitive Damages

Should Equity claim punitive damages, Equity will use the standards of the ITA and penalty payments for similar infractions in determining the amount of punitive damages. In no case may the damages exceed two weeks' fee.

(E) No Waiver of Rights

Should any breach be claimed neither the giving of any performance by the Artist, nor any omission of any act by the Artist, or Equity shall be or act as a waiver of any of the rights of either the Artist or Equity.

Should it finally be determined that a breach has occurred, Equity is hereby given authority without prejudice, and without penalty to itself, to intervene and require the Artist to perform, or otherwise act, not to perform, or not to take advantage of any such breach, said requirements to be made by Equity under such terms and conditions as it may in its sole discretion consider just and equitable.

(F) Without Prejudice

All of the foregoing is without prejudice to any other or any further rights given to the Artist or Equity by the ITA or his/her ITA Engagement Contract.

11:02 By The Artist

(A) Absences

If the Theatre alleges an Artist has breached the ITA Engagement Contract during the engagement period due to any of the following, and that the Artist does not provide a reasonable explanation, the Theatre may impose the following penalties, upon written notification to the Artist (copied to Equity), and provided the Theatre has fulfilled its obligations under Clauses 5:04 and 24:03(F), to be deducted from the contractual payment:

(i) for each call missed, an amount equivalent to the sum of the rate stipulated on line one (1) of Schedule "A" in the 2015-2018 ITA Fee Booklet per hour of the missed call, to a maximum of one-sixth (1/6) of the contractual fee; and/or

(ii) leaving town without permission, one-sixth (1/6) of the contractual

fee (this permission will not be unreasonably withheld); and/or

(iii) where the Artist has received a prior written warning regarding late

arrival to a call, twenty-seven dollars and eighty-one cents ($27.81) for each subsequent infraction.

(B) Request for Absence

It is the essence of this Clause that the Theatre will make every effort to accommodate an Artist's request to be absent from a call or the Theatre's point of origin. Inability to secure permission in the event of a family emergency will not constitute a breach of this Clause by the Artist.

(C) Equity’s Right to Dispute

Notwithstanding the foregoing, Equity has the right to dispute the alleged breach and the Theatre agrees to reimburse the Artist should the dispute be settled in the Artist's favour. If the dispute can be settled prior to the termination of the Artist's contract, no deduction shall take place until a determination is reached.

(D) Penalties for Other Claims

Furthermore, should a Theatre claim that an Artist:

(i) has breached the ITA in any other way; or

(ii) is in breach of any part of his/her ITA Engagement Contract; or

(iii) has made any false statement in connection with any engagement

agreement; or

(iv) is in default under any ITA Engagement Contract with any Theatre; then:

the Theatre will, within thirty (30) days of a breach occurring, or within thirty (30) days in which the Theatre ought reasonably to have known of the breach, but in any event no later than ninety (90) days of the occurrence, provide Equity with full details of the complaint in writing, after which Equity's hearing procedures, as outlined in Equity's Constitution and Bylaws, will be followed. If the matter is not resolved to the satisfaction of the Theatre, including appropriate compensation, the Theatre shall have recourse to the dispute resolution procedures of the ITA, Article 52:00.

ITA 2015-2018 | page 15 12:00 DEFAULTING THEATRES AND ARTISTS 12:01 Theatre Not in Default

Any Theatre engaging any Artist represents that such Theatre is not in default with respect to any payment or penalty required by the ITA (or any other Agreement with Equity) or any ITA Engagement Contract, or required by the interpretation or arbitration of this Agreement or any ITA Engagement Contract. The Theatre further represents that no breach of the ITA or any ITA Engagement Contract remains unsettled. The subject matter of a dispute for which an unresolved claim has been presented or which is in arbitration or for which notice of arbitration has been given shall not be deemed an unsettled breach.

12:02 Defaulting Theatres

(A) Requirement to Work

No Equity members shall work for any Theatre or be required by any Theatre to work for any person, co-partnership, corporation, enterprise or group:

(i) which has failed to abide by any settlement or arbitration award; or

(ii) which through failure to meet past obligations to Equity or its

members, has been placed on Equity's Defaulting Theatres List. Without the written consent of Equity, nor shall any Equity member work for, or be engaged by, anyone who is, or has been connected with any defaulting Theatre so specified either as an individual proprietor, general partner, associate producer, corporate director, or officer, or active stockholder, without the written consent of Equity.

(B) List

Should Equity place any Theatre on the Defaulting Theatres List, and should the Theatre wish to contest this designation, then the matter may be submitted to the arbitration procedures of the ITA.

(C) Insufficient Security

No Artist shall work for, or be required to work for, or continue in the engagement of any Theatre, should the amount of security deposited or arranged with Equity be insufficient to satisfy the terms of Article 33:00 of this Agreement and/or insufficient security for the payment of any outstanding claim.

(D) Interest Charge

Once it is determined by Equity that the Theatre is in default of fees or other monies due to any Artist, or when a settlement or arbitration award has been finally determined, the Theatre agrees to pay one (1%) percent per month interest, beginning thirty (30) days from the date the claim was due and ending when the claim is paid. Such interest shall be added to and payable as part of said claim.

(E) Satisfaction of Claim

Upon satisfaction of the above-mentioned claim by the defaulting Theatre, no individual employed by or associated with that Theatre shall be penalized or discriminated against by Equity.

12:03 Defaulting Artists

Any Artist entering into a ITA Engagement Contract with a Theatre represents that he/she is not in default with regard to any payments or penalties required by the ITA or any ITA Engagement Contract, or required by the interpretation, or arbitration of the ITA or any ITA Engagement Contract. The Artist further represents that no breach of the ITA or any ITA Engagement Contract remains unsettled.

The subject matter of a dispute for which an unresolved claim has been presented, or which is in arbitration or for which notice of arbitration has been given, shall not be deemed an unsettled breach.

(A) Disciplinary Procedure

Once it is determined by Equity that an Artist is in default of termination payments or other monies due a Theatre, or where it has finally been determined that an Equity member has failed to fulfil any settlement or arbitration award, Equity agrees that it will use the disciplinary procedures in its Constitution and Bylaws to ensure fulfilment of the Artist's obligations to the Theatre.

(B) Satisfaction of Claim

Upon satisfaction of the above-mentioned payments, settlements, awards or penalties by the Artists, no Theatre shall penalize or discriminate against any such Artist.

13:00 PRODUCTION PROSECUTED/ CONTRAVENTION OF CRIMINAL CODE