Canadian Affiliates of the Alliance of Motion Picture and Television Producers v. B.C. & Yukon Film Unions

The B.C. and Yukon Council of Film Unions (“Film Council”) filed a request for reconsideration of the Board’s decision in BCLRB No. B28/2011 (“Original Decision”).  In the Original Decision, the Board held that Extra Casting Directors are independent contractors and not dependent contractors for the purposes of the Labour Relations Code (“the Code”). The Board refused to reconsider its decision. It found that the alleged failure by the Board to approach the case in a manner consistent with Charter values could not be the basis to grant the reconsideration request, because the Charter argument was not raised before the original panel. The Board also denied the Film Council’s reconsideration request on the basis that the Original Decision constituted an error of law and policy. The Board found that the Original Decision included reasonable analysis and conclusions of law regarding the Extra Casting Directors that were consistent with the nature of employment in the film industry, the findings of fact in the original hearing, and the requirements to establish dependent contractor status under the Code.

For Full Decision Click Here