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Whereas

the practice and presentation of the visual arts shapes and reflects the values, imagination, and worldviews of Ontarians, and is critical for social, political, and cultural participation;

insufficient public funding for the arts, and an absence of industry-standard practices can impact the collaboration between artists and the organizations that engage them;

the Status of Ontario’s Artists’ Act (2007) provides broad and mostly voluntary actions that the provincial government may undertake, but lacks meaningful provisions to support the arts and culture sector;

legislation is unnecessary for the arts sector to work together, in solidarity and in the spirit of cooperation, to strengthen the environment for artists and organizations to collaborate in the advancement of the visual arts.

Now therefore, we the undersigned affirm our support for, and alignment with, the practices outlined in the Ontario Status of the Artist Action.

Who is included in this action
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ARTISTS

For the purpose of this Action, “artist” refers to professional, self-employed artists practicing in the visual arts.

Artists engaged as employees (i.e. a graphic designer on payroll) are bound by provincial labour laws, and are therefore not included in this Action.

PRESENTERS

Organizations or individuals entering into agreements with artists to present their artworks. They may be operating for-profit or not, and include galleries, artist-run-centres, museums, community groups, arts councils, municipalities, businesses, individual curators, and others.

Entities engaging artists as employees (i.e. videogame developers) are bound by provincial labour laws and are therefore not included in this Action.

Actions
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1. We use written agreements when engaging visual artists for exhibitions and presentations of their work
  1. Artists are given reasonable time to review and sign agreements before engagements commence;
  2. It’s important for both artists and presenters to communicate their needs, and negotiate in good faith;
  3. Agreements include details for: the works to be presented and/or used for other purposes (e.g. as promotion); other activities or services to be performed by the artist (e.g. a workshop accompanying an exhibition); payment; copyright Copyright is a form of intellectual property protection that applies for certain types of creative expressions (known as ‘works’).
    Read more     ; transportation of works; damages to work; in addition to other standard contract clauses.
2. We respect artists’ intellectual property Intellectual property (IP) refers to certain rights that can be owned in certain types of creations and creative works. IP rights cover a broad range of subject matter, including artistic designs, business names, inventions, and written expressions.
Read more
  1. Artworks presented are licensed for specified purposes, and for a specified time;
  2. Artists presenting work retain ownership of their copyright, and retain moral rights Moral rights allow the creator of an original work to protect the integrity of the work and to be associated with it by name or pseudonym, or to remain anonymous.
    Read more     ;
  3. Artworks are used only in the ways that are outlined in written agreements. If additional uses are required (e.g. a catalogue), artists consent in advance and agree to the terms related to those uses.
3. We pay artists fairly
  1. Visual artists engaged to present work, or provide other professional services, are paid at or above the rates outlined in the CARFAC-RAAV Minimum Recommended Fee Schedule. For exhibitions produced by commercial art galleries (businesses whose primary activity is selling artists’ original works), the payment of exhibition royalties may not apply. Other fees, such as copyright reproduction royalties, should be paid as appropriate;
  2. Artists should not donate their time or work exclusively for an opportunity to gain exposure, and we do not ask them to do so;
  3. Artists are not charged fees to present their work, submit works for consideration, or to send exhibition proposals.
4. We acknowledge protocols for Indigenous art Protocols are traditional ways of doing things in a particular territory. They range from hard rules and laws to softer customs such as good manners. Protocols are appropriate ways of engaging with Indigenous cultural material and interacting with Indigenous artists, Nations, and communities. Protocols arise from value systems and cultural principles developed within and across communities over time.
Read more
  1. Presenting the work of Indigenous artists may entail additional considerations related to expressions, and protocols related to nation specific knowledge, language, and traditions. There may be other considerations related to consent, decision making, and acknowledging individuals or groups.
  2. It’s important to understand and acknowledge protocols, and to work in good faith to maintain good relations with Indigenous artists, individuals, and communities.
Are you an artist interested in supporting?
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Download our Artists Kit to spread awareness.
Download the kit

FAQ
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How can presenters Organizations or individuals entering into agreements with artists to present their artworks. They may be operating for-profit or not, and include galleries, artist-run-centres, museums, community groups, arts councils, municipalities, businesses, individual curators, and others.
Read more participate in this action?

Presenters can publicly affirm their alignment with this action by clicking here.

Presenters will be invited to reaffirm their endorsement every three years. Any amendments or changes will be proposed and shared with presenters in advance. No amendments or changes will be made to the agreement otherwise.

Are resources available for participating presenters?

Yes.

CARFAC Ontario offers a contract A contract is an agreement between two or more individuals and/or companies. The participants in a contract are known as the ‘parties’.
Read more template, a Glossary and professional information pertaining to copyright Copyright is a form of intellectual property protection that applies for certain types of creative expressions (known as ‘works’).
Read more and other best practices to all presenters participating in the Ontario Status of the Artist Action.

A virtual session facilitated by Artists’ Legal Advice Services will allow presenters to ask questions pertaining to contracts, copyright, etc.

In 2026, CARFAC Ontario will support participating Presenters to attend an Indigenous Protocols Protocols are traditional ways of doing things in a particular territory. They range from hard rules and laws to softer customs such as good manners. Protocols are appropriate ways of engaging with Indigenous cultural material and interacting with Indigenous artists, Nations, and communities. Protocols arise from value systems and cultural principles developed within and across communities over time.
Read more for the Visual Arts workshop for organizations.

Participating Presenters will receive relevant information and updates from CARFAC Ontario.

Is this a legal agreement?

No.

Neither CARFAC Ontario nor participating parties are liable for any matters pertaining to the content of the Ontario Status of the Artist Action, including compliance with the content.

The Ontario Status of the Artist Action does not constitute a partnership between any participating party.

No party engaged in the Ontario Status of the Artist Action has the authority to act on behalf of, or otherwise bind, another party.

CARFAC Ontario will not comment on any party participating, or not participating, in this action.

What happens if there is a dispute between an artist and a participating presenter?

The Ontario Status of the Artist Action is a sector-driven, grassroots initiative intended to foster cooperation at the community level. CARFAC Ontario is unable to guarantee, or enforce, participating organizations’ adherence with the principles of this action. We encourage organizations and artists to work together in good faith to resolve disputes that may arise.

CARFAC Ontario regularly supports its members to navigate professional challenges. This support can include offering organizations resources or recommendations regarding challenges or disputes with artists. CARFAC Ontario will not mediate directly on a artist’s behalf, AND is unable to take any action on behalf of artists who are not members.

Can Presenters be withdrawn from this action?

CARFAC Ontario facilitates the Ontario Status of the Artist Action as a way to support both artists and organizations to collaborate efficiently and effectively, and to demonstrate industry standards of practice to artists and other organizations across the province.

If, in the view of CARFAC Ontario, a participating Presenter is consistently operating in ways that directly contravene the commitments and principles of the action, CARFAC Ontario will contact them to offer support and resources. If attempts to remedy the situation are unsuccessful, CARFAC Ontario may, as a last resort, remove that Presenter from the Action.

How can Presenters withdraw their participation from this action?

Participating Presenters can independently withdraw their participation at any time by doing the steps on our website. Click here.

CARFAC Ontario is supported by our members and the following organizations:

          

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