Minors’ Trust, Major Responsibility

If I have learned anything from serving in leadership, it is that if you want to get something done, particularly if it involves government, it will take longer than you think. Even if a regulation meant to protect the earnings of a minor are doing the opposite. Such has been the saga in trying to get a change in the B.C. Provincial Employment Standards Regulation to amend the option for a minor performer’s income held by law to be deposited into the ACTRA Performers Rights Society Minors’ Trust (ACTRA PRS) rather than with the Public Guardian and Trustee of British Columbia (PGT).   

In British Columbia, 25 per cent of the income over $2,000 of a performer under the age of 16 has been required to be held in trust by the PGT until said minor reaches the age of majority.  A good thing you might say, as it protects the minor’s interest. However, the challenge with the PGT has been, and is, the significant fees they charge for managing that trust, as well as the lack of transparency and reporting. 

Consequently, a minor performer in B.C. generally finds the total amount coming to them, when they turn 19, is less than what they have deposited. For example, one performer who had approximately $10,000 held for 10 years netted out at $8,600. Whilst there is no regulation requiring the PGT to make up the difference, I believe the practice (not the requirement) is to top up to the original amount deposited. Still, this does not allow for this money to earn any interest over the years. Hardly seems right.

Executive Board Members, management and staff, parents and guardians, as well as producers lobbied and held ongoing discussions with many provincial government officials to secure the option to choose where their child’s money is held.

In contrast, the ACTRA PRS Minors’ Trust prioritizes the preservation of contributions. Established in 1999, it currently administers over 1,400 accounts with the current annual rate of return of 4.15 per cent.

Comparison	BC PGT	ACTRA PRS Minors’ Trust
Fees on Contributions	3.94%	2.26%
Fees on Income Earned	3.94%	0%
Fees on Gross Assets	0.74% per year	0%
Return	1.97%	4.15%

So back to the saga. Our effort to address this issue began in 2016 when parents and guardians of minor members first brought this to the attention of UBCP/ACTRA. Countless hours were spent making calls and attending meetings with the various parties. Ultimately the only way forward was to lobby the government to amend the Employment Standards Regulation. Executive Board Members, management and staff, parents and guardians, as well as producers lobbied and held ongoing discussions with many provincial government officials to secure the option to choose where a child’s money is held. We met with the Minister of Labour on three separate occasions and held several follow up meetings with his staff. Finally, just when we sensed we were close, COVID-19 hit, which obviously drew everyone’s attention elsewhere.

As soon as we could, we resumed our lobbying efforts. We raised the issue with anyone who would listen, Ministers, MLAs and senior bureaucrats, all of whom saw the logic in the proposed amendment of the regulation. However, the bureaucracy’s tendency to maintain the status quo made progress difficult.

So, with a “never give up” and “go to the person in charge” attitude in mind, I attended a fundraiser where the Premier was expected, showed up early, and managed to speak with him directly. Fortunately, the Premier was also early. He and I were virtually the first to arrive, so I was able to spend some solid one-on-one time with him, provide background, and explain our goals. Once he understood, the Premier directed me to the Parliamentary Secretary for Arts and Culture, who promised to keep him apprised of the progress of the matter. 

We followed up with the Parliamentary Secretary, who was clearly on side.  Nonetheless, we continued to push for progress wherever and whenever possible. Months later, during Creative Industries Week in Victoria, we met with the Premier and the Minister of Labour to discuss the matter yet again. 

On July 8, 2024, we received the welcome news the regulation had been changed to allow minors to choose the ACTRA PRS Minors’ Trust. However, nothing is simple and there was a wrinkle — the new regulation required that our collective agreements explicitly state it as an option. Currently, only the British Columbia Animation Agreement allows for that. We immediately reached out to the negotiating producers and are now working to incorporate this language into the British Columbia Master Production Agreement (BCMPA) and will collaborate with ACTRA National to amend the National Commercial Agreement (NCA).

For more information on working with minor performers and the PGT there is excellent information on the Minors page on the UBCP/ACTRA website. Also, check out the About ACTRA PRS Minors’ Trust page on the ACTRA National website.

I extend my gratitude to our staff, particularly the Industrial Relations team, the members of our Guardians of Minors Committee, and to the parents and guardians who encouraged us to persist seeking these regulatory changes. Although most of their children have aged out, and will not benefit directly, I am sure they are gratified to know that future minor performers will get a fairer shake.

Frankly, I believe we would not have achieved this without the relentless determination of our Director of Contracts and Lead Negotiator, Lesley Brady. I believe she spoke for all of us when she said, “I admit I was a bit emotional when the news of the change came — it was a long eight years of continuing to fight on behalf of our most vulnerable members. Everyone knew the change made sense, it was just so incredibly frustrating that it took so long to achieve.”

Michael Cheevers; Tracey Friesen (CMPA-BC); Keith Martin Gordey; Minister Lana Popham, Tourism, Arts, Culture and Sport – Government of British Columbia; Minister Harry Bains, Labour – Government of British Columbia and Lesley Brady.

---

Keith Martin Gordey is the Vice President of ACTRA National, President of UBCP/ACTRA, and Board Liaison to the UBCP/ACTRA Guardians of Minors Committee. His extensive film and television career includes roles on Stargate SG-1, Cold Squad, The Watchmen, Supernatural and The Order.

Top photo, front row: Tracy Ho; Lesley Brady; Premier David Eby, Government of British Columbia; Minister Harry Bains, Labour – Government of British Columbia; Aliza Vellani; Shawn Macdonald. Back row: Karla Laird; Fred Ewanuick; Keith Martin Gordey; Lexa Doig; Angela Liu; Anisha Cheema; Michael Cheevers.