IF YOU’RE A PARENT AND/OR GUARDIAN OF A CHILD PERFORMER IN CANADA, HERE’S SOME INFORMATION YOU NEED TO KNOW.

CHILDREN HAVE PROPERTY RIGHTS IN CANADA.

DID YOU KNOW that as a parent and/or guardian who receives money or property on behalf of a minor in Canada, you may have specific obligations under the law?

DID YOU KNOW that it’s up to you to know and understand those obligations and to act in accordance with the law?

ACTRA PRS cannot provide you with legal advice but there may be resources available to you in your province – ACTRA PRS encourages you to seek out those resources.

Saving for the future
ACTRA protects the unique interests of minors – a responsibility that your union has always taken seriously. ACTRA established Minors’ Trust so a portion of a minor performer’s earnings would be there for them when they reached the age of majority. ACTRA negotiated provisions in our Independent Production Agreement and our UBCP/ACTRA BC Master Production Agreement (beginning in 1999) and National Commercial Agreement (beginning in 2002) to ensure that 25% of all minors’ earnings are held in trust and available to the performer when they reach the age of majority.

As of today, ACTRA PRS administers over 1,600 accounts for minors in ACTRA PRS Minors’ Trust.

Under the direction of ACTRA PRS and trusteed by the ACTRA PRS Board of Directors, funds in ACTRA PRS Minors’ Trust are held in safe savings accounts, where every dollar in the Trust Fund is protected and guaranteed. The ACTRA PRS Minors’ Trust holds the preservation of contributions as its number one goal. Therefore, the Trust has different goals than an investment trust where the returns may be higher, but where the principal may be lost. Currently ACTRA PRS deducts 2% of contributions to provide for the administration of the trust with no fees on amounts held, interest earned, or amounts paid out.

The current annual rate of return is the Trust is 2.85%. Creative Arts Financial (a division of First Ontario Credit Union) was created by artists for artists. They understand the importance of these funds, longer term, to their beneficiaries and seek to maximize the interest rates offered, therefore they review their pricing to make sure we have the best rate. Their focus is helping members achieve financial independence and their advisors are on hand to help member’s unique needs.

Contributions under ACTRA and UBCP/ACTRA collective agreements in Canada,
All work by minors in Canada under an ACTRA or UBCP/ACTRA collective agreement requires deductions by producers from earnings to be put into a trust for the benefit of the minor. Outside of BC, those funds are remitted to the ACTRA PRS Minors’ Trust.

As of July 8, 2024, the British Columbia Provincial government passed the legislation to allow BC minors the choice to have their minor’s trust contributions be remitted to  either ACTRA PRS or the BC Public Guardian and Trustee (PGT), provided the collective agreement allows for the election. Now, when a minor is employed in British Columbia under a UBCP/ACTRA or ACTRA agreement, and where that agreement provides for the election, the guardians of the minor can choose to have the employer make the minor’s remittance to either ACTRA PRS or the PGT. The election is made on the Performer’s contract or voucher, however the BC PGT is the default if no election is made. The Minor’s Trust for BC resident minors will be released upon reaching the British Columbia’s age of majority – 19 years of age.

Contributions under the IPA and NCA in Canada, currently excluding British Columbia
All work by minors in Canada, excluding British Columbia, under the IPA or NCA requires deductions by producers from earnings to be put into ACTRA PRS Minors’ Trust as per each agreement.

United States of America
Contributions to trusts for minor performers working in the United States is governed by the Coogan Law, which requires that 15% of all minors’ earnings must be set aside in a blocked trust account commonly known as a Coogan Account. Click here for more information.

Minors’ Trust Forms for Producers
NCA – Engager Remittance report for Minors’ Trust Deductions
IPA – Engager Remittance report for Minors’ Trust Deductions Trust Declarations

Beneficiary Reporting
All beneficiaries of the fund will receive a printed and mailed annual statement in the first quarter of the calendar year detailing and summarising gross and net contributions, interest earned, as well as the opening and closing balance of the beneficiary account during the most recently completed calendar year.

Questions?
If you have any questions about the Minors’ Trust, please refer to our Q&A or contact our Administrator Patricia Lanca or 416 489 1311 ext. 5022.