Actor Engagement Agreement Template (Canada)

Decide contractor or employee using the CRA's actual test, not the payment clause

Whether a performer is an independent contractor or an employee affects tax withholding, CPP and EI contributions, and employment-standards protections, and it should be a deliberate choice reflected consistently throughout the contract — not something that drifts from a "salary" in the compensation clause to a contractor framing everywhere else, which is a real inconsistency and a common drafting mistake. The Canada Revenue Agency applies a common-law test built around control, ownership of tools, chance of profit and risk of loss, and how integrated the worker is into the payer's business, looking at the whole relationship rather than the label the parties chose. This template asks you to choose the classification up front, and the compensation, tax, and general clauses stay consistent with that choice.

Name, image and likeness has its own Canadian tort — use it, don't invent a US-style right

A clause assigning "intellectual property created by the Actor" to the producer is about the performance itself; it says nothing about the separate right to use the actor's actual name, photograph, or likeness in marketing, trailers, merchandise, or publicity. In the common-law provinces, that separate right is protected by the tort of misappropriation of personality, first recognized by the Ontario Court of Appeal in Krouse v. Chrysler Canada Ltd. — the unauthorized commercial use of a person's name, image, voice or likeness. This template's likeness clause is drafted against that tort, rather than importing a US-style statutory "right of publicity" that doesn't exist as such in Canadian common law.

AI digital replicas: ACTRA has real, negotiated terms — for its own members

ACTRA's 2025-2027 Independent Production Agreement introduced digital-replica provisions requiring a reasonably specific description of every proposed use, the performer's informed consent, and compensation for all time spent creating a digital replica as part of a workday. Those terms apply where the engagement is covered by the IPA. Canada has no general statute extending an equivalent protection to non-union engagements the way California's AB 2602 now does for California performers — outside a union agreement, this contract clause is the only protection an actor has, which is exactly why leaving it blank or granting a blanket right is a real risk rather than a formality.

The clauses, explained

Engagement classification

States up front whether the Actor is engaged as an independent contractor or an employee, applying the CRA's control/tools/profit-and-loss/integration test, and the compensation and tax clauses stay consistent with that choice throughout.

Role and project

Identifies the specific role and the project, and describes the scope of the performance the Actor is agreeing to.

Compensation

The fee or rate, payment schedule, and any bonus tied to the project's performance.

Credit

How the Actor will be credited — billing order, on-screen credit, or marketing materials — an element performer contracts commonly address and many templates omit entirely.

Name, image and likeness

A clause specifically addressing use of the Actor's name, photograph, and likeness in marketing and promotional materials, drafted against the common-law tort of misappropriation of personality rather than a US-style publicity right.

Digital replica (AI)

Two mutually exclusive options: governed by ACTRA's Independent Production Agreement terms for a union-covered engagement, or a contract-only clause with a specific-uses list for a non-union engagement, since no general Canadian statute fills that gap.

Exclusivity

How long, before and after the project, the Actor agrees not to take a competing lead role — with a defined number of months, not an open-ended restriction.

Termination

Gives the Actor the right, on written notice after an uncured payment default, to terminate — a deliberate choice the Actor makes, rather than a contract that terminates itself automatically on a missed deadline.

Requirements checklist

• The CRA looks at the whole working relationship, not the contract label

  The Canada Revenue Agency's common-law test for employment status weighs control over the work, ownership of tools and equipment, the worker's chance of profit and risk of loss, and how integrated the worker is into the payer's business. Misclassifying an employee as an independent contractor can leave the payer liable for unremitted CPP and EI contributions.

  Canada Revenue Agency — Employment status: Employee or self-employed

• Unauthorized commercial use of a performer's identity is a recognized Canadian tort

  The Ontario Court of Appeal in Krouse v. Chrysler Canada Ltd. is generally credited as the first Canadian decision to clearly recognize the tort of misappropriation (or appropriation) of personality — the unauthorized commercial exploitation of a person's name, image, voice or likeness.

  Krouse v. Chrysler Canada Ltd., 1973 CanLII 574 (ON CA) — case summary

• ACTRA's Independent Production Agreement sets digital-replica minimums for its members

  ACTRA's 2025-2027 Independent Production Agreement requires producers to give performers a reasonably specific description of proposed digital-replica uses, obtain informed consent, and treat time spent creating a digital replica as compensable work time — for engagements covered by that agreement.

  ACTRA National — Independent Production Agreement

How to use this template

1. Choose the engagement classification. Select independent contractor or employee — this determines the tax and compensation wording used throughout the contract, following the CRA's control/tools/profit-and-loss test.
2. Fill in the role and project. Type the role, project title, and a description of the performance into the highlighted blanks.
3. Set compensation, credit, and any bonus. Choose the fee or rate structure, the payment schedule, how the Actor will be credited, and any bonus terms tied to the project.
4. Define name, image and likeness use. Describe where and how the Actor's name, image, and likeness may be used in marketing and promotional materials.
5. Choose the digital-replica regime. If a digital replica is contemplated, select whether the engagement is covered by ACTRA's IPA or is a non-union, contract-only engagement, and list every proposed use specifically either way.
6. Set exclusivity and sign. Fill in the exclusivity period before and after the project, then both parties sign on the signature lines before downloading.

Frequently asked questions