Bill S-208

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SUMMARY
Short Title
Interpretation
Purposes of Act
Action Plan
Report to Parliament
Coming into Force
SCHEDULE

First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022

SENATE OF CANADA

BILL S-208
An Act respecting the Declaration on the Essential Role of Artists and Creative Expression in Canada

AS PASSED

BY THE SENATE

October 6, 2022

4412029

SUMMARY

This enactment provides a framework for the Government of Canada’s implementation of the Declaration on the Essential Role of Artists and Creative Expression in Canada, including by requiring the Minister of Canadian Heritage to prepare and implement an action plan to give expression to the Declaration.

Available on the Senate of Canada website at the following address:

www.sencanada.ca/en

1st Session, 44th Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022

SENATE OF CANADA

BILL S-208

An Act respecting the Declaration on the Essential Role of Artists and Creative Expression in Canada

Preamble

Whereas the Declaration on the Essential Role of Artists and Creative Expression in Canada recognizes the vitally important role played by artists and the arts in every dimension of Canadian society;

Whereas the Declaration emphasizes the need to respect and promote the role of artists and the arts in order to ensure that all Canadians and residents of Canada have equal opportunity to access and enjoy the fruits of artistic expression;

Whereas the Government of Canada is committed to taking effective measures to achieve the Declaration’s objectives;

Whereas English-speaking artists and French-speaking artists, as integral parts of the two official language communities of Canada, should have equal opportunities to pursue their artistic endeavours in order to enhance the vitality and development of English and French linguistic minority Communities;

And whereas any measures to implement the Declaration in Canada must take into account the diversity of Indigenous peoples and, in particular, the diversity of the identities, cultures, languages, customs and practices of First Nations, the Inuit and the Métis and of their relationships to the land and their Indigenous knowledge, all of which find expression in rich artistic traditions;

Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1 This Act may be cited as the Declaration on the Essential Role of Artists and Creative Expression in Canada Act.

Interpretation

Definitions

2 The following definitions apply in this Act.

Declaration means the Declaration on the Essential Role of Artists and Creative Expression in Canada that is set out in the schedule to this Act.‍ (Déclaration)

Minister means the Minister of Canadian Heritage.‍ (ministre)

Purposes of Act

Purposes

3 The purposes of this Act are to

(a) affirm the Declaration; and
(b) provide a framework for the Government of Canada’s implementation of the Declaration.

Action Plan

Action plan

4 (1) The Minister must develop an action plan to give expression to the Declaration.

Consultations

(2) In developing the action plan, the Minister must consult with

(a) the Minister of Labour;
(b) the Minister of Crown-Indigenous Relations;
(c) the Minister of Justice;
(d) the Minister of Health;
(d.‍1) the Minister responsible for official languages;
(e) the Chairperson of the Canada Council for the Arts;
(f) provincial government representatives responsible for artists and the arts;
(g) artists and organizations whose objects include promotion of artists and the arts;
(g.‍1) French-speaking artists and organizations representing those artists;
(g.‍2) artists who represent the ethnic and racial diversity and all other diversities of Canada and organizations that work on their behalf;
(h) First Nations, Inuit and Métis artists and organizations representing those artists; and
(i) all other interested persons or organizations that the Minister considers appropriate.

Considerations

(3) In developing the action plan, the Minister must consider measures to

(a) recognize the essential role and contribution of the arts, culture and heritage to the health and the social and economic well-being of everyone in Canada, including all aspects of social justice and reconciliation;
(b) increase access to artistic collections, built heritage and artistic events;
(c) improve the ability of everyone in Canada, particularly children and youth, to engage in the arts, including the ability to learn and to acquire the knowledge and skills needed to play a musical instrument, draw, dance, compose, write or design;
(d) improve the ability of artists in Canada to benefit from their intellectual property and to be free from cultural appropriation;
(e) represent artists in Canada and their works to the rest of the world;
(f) address barriers experienced by artists with disabilities in accessing places and spaces to create, perform and present their work in both behind-the-scenes spaces and on stages and in galleries, museums, studios and practice spaces, and through online and digital opportunities; and
(g) encourage greater investment in all areas related to artists, the arts and creative expression in Canada.

Conference

(4) Within 180 days after the day on which this Act comes into force, the Minister must convene a conference with the persons and groups mentioned in paragraphs (2)‍(a) to (i), for the purpose of developing the action plan.

Time limit

(5) The action plan must be completed as soon as practicable, but no later than two years after the day on which this Act comes into force.

Tabling in Parliament

(6) The Minister must cause the action plan to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the action plan is completed.

Action plan made public

(7) The Minister must cause the action plan to be published on the departmental website within 15 days after it is tabled in Parliament.

Report to Parliament

Annual report

5 (1) Within 90 days after the end of each fiscal year, the Minister must prepare a report for the previous fiscal year that sets out the implementation of the action plan prepared under section 4 and the activities undertaken by the their department to achieve the objectives of the Declaration.

Tabling

(2) The Minister must cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.

Report made public

(3) The Minister must cause the report to be published on the departmental website within 15 days after it is tabled in Parliament.

Coming into Force

Second anniversary of royal assent

6 Section 5 comes into force on the second anniversary of the day on which this Act receives royal assent.

SCHEDULE

(Section 2)

Declaration on the Essential Role of Artists and Creative Expression in Canada

1. The essential role and contribution of the arts, culture and heritage to the health and the social and economic well-being of everyone in Canada, including all aspects of social justice and reconciliation, is hereby recognized and affirmed.

2. Everyone in Canada, including artists, has the right to freedom of expression and association, especially on issues and at times of public debate.

3. Canadians and residents of Canada of all ages, cultural diversities and backgrounds have the right to know and participate in their artistic memory and collections and in their material and built heritage, which together define our histories and experiences and our individual and community traditions.

4. People in Canada of all cultural diversities and backgrounds have the right to take part in the arts through access to and attendance at artistic events, including music, literature, drama, visual arts, film, dance, theatre and all performing arts.

5. People in Canada of all ages, including children and youth, have the right to engage in artistic creativity and the expressive arts, including the right to learn and acquire the knowledge and the creative processes and skills needed to play a musical instrument, draw, dance, compose, write, design or otherwise live a life of creative innovation.

6. Artists have the right to the intellectual property in and copyright for their work; to be free from cultural appropriation; to equity in employment and to economic security; and to be accorded recognition for the value of their work, which is integral to our nation’s economic health.

7. Artists in all disciplines have the right to earn a prominent presence in public life through their art — including public art presentations — and to the incorporation of their voices and artistic visions in democratic debate.

8. Canadian artists have the right to be represented to the rest of the world, and the public has the right to know about and explore art through the ages from all parts of the globe.

9. Artists, arts organizations and production companies in Canada have the right — and should have the arm’s-length support and capacity — to take risks and invest in creative innovation while serving communities and the public interest.

10. Everyone in Canada, including artists, has the right to be free from discrimination, including racism, ageism and all stigmas, and artists, including those with disabilities or those who are deaf, have the right to barrier-free physical access to places and spaces to create, perform and present their work in both behind-the-scenes spaces and on stages and in galleries, museums, studios and practice spaces, and through online and digital opportunities.