WRITERS GUILD OF CANADA BY-LAWS

WRITERS GUILD OF CANADA BY-LAWS September 2008

Table of Contents OBLIGATIONS OF THE WGC COUNCIL, NATIONAL FORUM, STAFF...3 WORKING RULES FOR A WGC MEMBER...3 BY-LAW NO. 1 MEMBERSHIP...4 Section I Failure to Pay Basic Dues... 4 Section II Failure to Pay Working Dues... 5 Section III Reapplication for Membership Following Expulsion.. 5 Section IV Withdrawal... 5 Section V Resignation... 6 Section VI Duty to Notify the WGC of Address Changes... 6 BY-LAW NO. 2 INITIATION FEE...6 BY-LAW NO. 3 BASIC DUES...6 BY-LAW NO. 4 WORKING DUES...7 BY-LAW NO. 5 COUNCIL...7 Section I President s Term... 7 Section II Honoraria... 7 BY-LAW NO. 6 ELECTION PROCEDURES...7 Section I Nomination Procedures... 7 Section II Election Procedures... 8 Section III Acclamation... 9 BY-LAW NO. 7 REFERENDUM PROCEDURES...9 BY-LAW NO. 8 DISCIPLINE COMMITTEE...10 Section I Composition of the Discipline Committee... 10 Section II Powers of the Discipline Committee... 11 Section III Discipline Committee Rules... 11 BY-LAW NO. 9 DISCIPLINE...12 BY-LAW NO. 10 DISCIPLINE PROCEDURE...12 Section I Charges... 12 Section II Writer Response... 13 Section III Assessment of Penalty... 14 Section IV Discipline Committee Procedures... 14 Section V Decision of Discipline Committee... 15 Section VI General Discipline Procedures... 15 BY-LAW NO. 11 MINIMUM PENALTIES FOR BREACHES OF WORKING RULES...16

BY-LAW NO. 12 RULES FOR CONDUCT OF MEMBERS DURING STRIKE... 18 BY-LAW NO. 13 SCHEDULE OF PENALTIES FOR BREACHES OF STRIKE RULES... 19 BY-LAW NO. 14 PAYMENT OF FINES... 20 BY-LAW NO. 15 STANDING AND AD HOC COMMITTEES... 20 BY-LAW NO. 16 SIGNING PROCEDURES... 20 BY-LAW NO. 17 DEDUCTIONS FOR INSURANCE AND RETIREMENT... 21 BY-LAW NO. 18 UNDELIVERABLE FUNDS... 21 BY-LAW NO. 19 GENERAL... 22 Section I Notice... 22 Section II Resident Quebec Members (Quebec Status of the Artist Legislation)... 22 Section III Enforceability and Severability... 23

OBLIGATIONS OF THE WGC COUNCIL, NATIONAL FORUM AND STAFF The Writers Guild of Canada has established standards of discipline in its Constitution and By-Laws for the purpose of enforcing professional conduct and responsibility on the part of its members. It is incumbent upon the WGC Council, the WGC National Forum and the WGC staff to effectively carry out the provisions of the WGC Constitution, the working rules for a member of the WGC, and the By-Laws of the WGC affecting professional conduct and discipline. The WGC Council shall review the Constitution and By-Laws in order to ensure that they further the professional, creative and economic rights and interests of screenwriters in Canada working in radio, television, film, video, multimedia and all recorded media. WORKING RULES FOR A MEMBER OF THE WRITERS GUILD OF CANADA (WGC) Any reference contained in these By-Laws to the Writers Guild of Canada (hereafter referred to as the WGC) should be read as referring both to the WGC and any of its constituent parts, and any reference in these By-Laws to the By- Laws of the WGC shall be read as referring to the By-Laws of the WGC from time to time. 1. A member shall not work for an engager who is not signatory to the relevant WGC agreement, or where applicable, to the relevant agreement of an IAWG affiliated guild, or for an engager who has been declared Unfair by the WGC. 2. A member shall not begin work without a signed contract entered into under the terms of the relevant WGC agreement. 3. A member shall not enter into a contract with any engager on terms less favourable than those in the applicable WGC agreement. 4. A member shall file with the WGC a copy of each contract with any engager within seven (7) days of signing each contract. 5. All members shall comply with the terms of the duly ratified Guild Agreements in spirit as well as in letter and shall not knowingly sign any contract or make any agreement which violates such Guild Agreements. 6. No member shall work for an engager on speculation, or under an arrangement where payment is deferred or is contingent upon approval or the engager s ability to pay. 7. A member shall be responsible for any agent or representative acting on his/her behalf. 3

8. A member shall at all times maintain a current personal address, telephone number and GST, HST or TVQ number, where applicable, at the WGC office. A member must advise the WGC office of any change within thirty (30) days. 9. A member who wishes to use a pseudonym on any writing credit shall register such a pseudonym with the Guild prior to notifying any engager of the pseudonym. 10. Writers who are not members of the WGC, but who are reasonably chargeable with knowledge that the WGC is on strike, who nevertheless write for struck engagers, or who in any way act to harm the interests of the WGC during a strike, shall not be entitled to automatic membership in the WGC. When making an application to join, such writers shall be required to appear before the WGC Council, or a Committee of the WGC Council, to discuss their prospective WGC membership. The WGC Council may make a ruling concerning membership, provided that such ruling will not result in an undue delay in achieving membership, or a denial of the opportunity to work in the jurisdiction of the WGC. 11. A member who receives a credit for work in the WGC s jurisdiction for a nonsignatory engager shall be subject to discipline under the relevant provisions of the WGC s By-Laws. 12. A member shall, from time to time, serve as a credit arbitrator in the service of his/her fellow members. When requested to perform this duty by the Guild, a member shall be permitted to decline a maximum of three (3) times. Failure to abide by the above working rules may subject a member to discipline under the relevant provisions of the WGC s By-Laws. Section I Failure to Pay Basic Dues BY-LAW NO. 1 MEMBERSHIP 1. A member who fails to pay his/her Basic Dues within ninety (90) days of the due date of the Basic Dues Invoice, sent or served pursuant to Section 1 of By-Law No. 19, shall be either automatically placed on withdrawal, if eligible or expelled. 2. The WGC will notify, pursuant to Section 1 of By-Law 19, any member who is either automatically placed on withdrawal or expelled, of their membership status and the conditions of that status. 3. A person who has been expelled from the WGC and engages in activity within the jurisdiction of the WGC shall be treated as a non-member with all financial obligations thereof. 4

4. Section II Failure to Pay Working Dues 1. A member who fails to pay his/her Working Dues within ninety (90) days of the sending or serving, pursuant to Section 1 of By-Law No. 19, of written notification by the WGC shall be expelled and shall not be eligible to reapply for membership for at least one (1) year, subject to the discretion of the WGC Council. 2. A member who has been expelled from the WGC and engages in activity within the jurisdiction of the WGC shall be treated as a non-member with all financial obligations thereof. Section III Reapplication for Membership Following Expulsion for Nonpayment of Basic and/or Working Dues Any member who has been expelled for nonpayment of Basic and/or Working Dues and who becomes eligible to reapply for membership may reapply according to the following criteria: 1. the writer must requalify for membership, according to the criteria set out in Article 5 of the Constitution; 2. the writer must pay all basic and/or working dues in arrears; 3. the writer must pay the initiation fee and basic dues for the current period in which the writer reapplies for membership. Section IV Withdrawal 1. A member in good standing may give notice of withdrawal to the WGC, or be automatically placed on withdrawal by the WGC, upon which they shall be considered a member on withdrawal, subject to paragraphs 3 and 5 below. 2. A member on withdrawal shall: a) not be required to pay Basic Dues for the period in which they are on withdrawal; b) not be entitled to any of the rights of membership, except for continuance of insurance benefits in effect at the time of becoming a member on withdrawal until the expiration of those benefits in accordance with the terms of the Insurance Plan from time to time; c) not engage in any activity within the jurisdiction of the WGC; d) continue to participate in the Retirement Plan in a manner provided by the Plan from time to time; e) be responsible for reactivating his/her membership upon engaging in any activity within the jurisdiction of the WGC; and 5

f) become a member in good standing upon payment of all dues in arrears as well as dues for the current period in which the member applies to be reinstated. 3. A member shall not be eligible to withdraw his/her membership for a period of two (2) years after becoming a member of the WGC, although s/he may resign. 4. Each withdrawal period shall not exceed a maximum period of two (2) years. 5. A member who has reactivated his/her membership after withdrawal shall not be eligible to withdraw his/her membership for a period of two (2) years after such reactivation. Section V Resignation 1. A member in good standing may resign at any time upon completion of the appropriate forms for the WGC, and, as applicable, the Insurance Plan and Retirement Plan. 2. In the event that a resigned member should reapply for membership in the WGC, the writer must pay any working and/or basic dues and any penalties and/or fines in arrears, and the WGC Council may attach such conditions to readmission to the WGC as it deems necessary or reasonable. 3. Subject to the discretion of the WGC Council, if a member resigns from the WGC in order to work for a non-signatory engager, s/he shall not be eligible to reapply for membership with the WGC for a period of two (2) years from the date of his/her resignation. Section VI Duty to Notify the WGC of Address Changes 1. Each member in good standing and each member on withdrawal shall notify the WGC of any change of address within fourteen (14) days after such change. BY-LAW NO. 2 INITIATION FEE A writer fulfilling the membership requirements may join the WGC upon paying an initiation fee of three hundred and fifty dollars ($350). BY-LAW NO. 3 BASIC DUES Basic Dues shall be one hundred and fifty dollars ($150) per annum, payable in advance. 6

BY-LAW NO. 4 WORKING DUES 1. Each member shall pay Working Dues equivalent to two per cent (2%) of the gross income earned in the WGC s jurisdiction. 2. Any writer who is not a member of the WGC shall pay Working Dues equivalent to five per cent (5%) of the gross income earned by him/her in the WGC s jurisdiction. Any non-member writer working under the TVO collective agreement shall pay Working Dues equivalent to six per cent (6%) of the gross income earned by such non-member writer under said collective agreement. 3. Working Dues shall be deducted at source by the engager and forwarded directly to the WGC. In the event an engager fails to make such deduction and remittance on behalf of a member, the WGC shall notify the member and the member shall be responsible for the payment of the working dues. 4. The estate of a deceased writer shall not be subject to working dues. However, an administration fee shall be payable as set out in the collective agreement(s) or as established by the WGC Council. Section I President s Term BY-LAW NO. 5 COUNCIL The President s term of office shall take effect on the first day of his/her election by the Council. The President s term shall continue until the election of officers by the new Council. Section II - Honoraria 1. The President shall receive an honorarium of $25,000 per year, paid monthly. 2. Councillors other than the President shall be remunerated in the amount of $200 per official Council meeting day. Section I Nomination Procedures BY-LAW NO. 6 ELECTION PROCEDURES 1. Only WGC Full members in good standing may nominate or vote for candidates. 7

Full members can only nominate and vote for WGC Councillors or National Forum delegates in their own region. 2. The Executive Director, or his/her designate, shall prepare and distribute to the membership a notice of election. 3. A nomination form shall be sent to full members in good standing at the time of the distribution of the notice of election. 4. The nomination form shall be accompanied by a notice informing the member of the last date on which the nomination form may be returned. Such notice may also be printed on the nomination form. 5. Each nomination form must be signed by the proposer and the seconder of the nomination as well as by the nominee, indicating acceptance of the nomination. The form may be signed in counterparts, and may be signed validly by facsimile transmission. 6. Nomination forms may be returned by mail, email or by facsimile. 7. Election Statements: a) Each candidate for the WGC Council may make an election statement of up to 500 words in length. b) Each candidate for the National Forum may make an election statement of up to 250 words in length. c) Election statements shall only be required in the event of an election. Section II Election Procedures 1. If there is more than one nomination per position, a vote will be required. 2. The Executive Director, or his/her designate, shall prepare an election bulletin containing the election statements of each candidate. 3. The election bulletin shall include a notice informing the member of the latest date on which the ballot may be returned. Such notice may also be printed on the ballot. 4. The election bulletin and a ballot shall be sent by fax, email or mailed in a sealed envelope to each full member in good standing at the last address the member has reported to the WGC. The WGC may elect the method of ballot return: mail, fax, email or other electronic means, or a combination thereof, as it sees fit. 5. Each mailed ballot shall be accompanied by a postage-paid self-addressed envelope provided by the WGC. 8

6. When returning the ballot by mail, each member must identify his/her name and membership number on the envelope provided by the WGC. Ballots contained in envelopes without the member s name and membership number shall be considered invalid. If returning a ballot by fax, email or other electronic means, each member must identify his/her name and membership number on the ballot. The WGC will provide a fax number, email address and/or other information specifically for returning ballots. 7. A member who claims non-receipt of a ballot may secure a new ballot from the WGC office by fax, email or by mail together with an envelope for returning the ballot to the WGC within the given time frame. 8. The WGC shall appoint a Scrutineering Committee to count the ballots. 9. The Scrutineering Committee shall submit a report to the Executive Director stating: a) the number of ballots cast in favour of each candidate; and b) the number of ballots spoiled. 10. The WGC shall notify the membership of the election results. Section III Acclamation 1. If there is only one nominee for a position, the nominee shall be considered elected by acclamation. BY-LAW NO. 7 REFERENDUM PROCEDURES Whenever a referendum vote is ordered by the WGC Council on any question, including amendments to the constitution, the following procedure shall apply: 1. The Executive Director, or his/her designate, shall prepare and mail, fax or email a notice of referendum containing the necessary information. 2. Each ballot shall be accompanied by a notice informing the member of the latest date on which such ballot may be returned. Such notice may also be printed on the ballot itself. 3. The question shall be clearly stated in such a way that the member may vote by marking an X or check opposite the word Yes or No opposite one or two or more choices as the case may be. 4. The ballot shall only be sent to full members in good standing at the time of distribution of the notice of referendum. 9

5. The notice of referendum may state the recommendation(s) of the WGC Council and National Forum with respect to the question and reasons for such recommendation(s). 6. The notice and ballot shall be faxed, emailed or mailed in a sealed envelope to each member in good standing at the last address the member has reported to the WGC. The WGC may elect the method of ballot return: mail, fax, email or other electronic means, or a combination thereof, as it sees fit. 7. Each mailed ballot shall be accompanied by a postage-paid self-addressed envelope provided by the WGC. 8. When returning the ballot by mail each member must identify his/her name and membership number on the envelope provided by the WGC. Ballots contained in envelopes without the member s name and membership number shall be considered invalid. If returning a ballot by fax, email or other electronic means, each member must identify his/her name and membership number on the ballot. The WGC will provide a fax number, email address and/or other information specifically for returning ballots. 9. A full member who claims non-receipt of a ballot may secure a new ballot from the WGC office by fax, email or by mail together with an envelope for returning the ballot to the WGC within the given time frame. 10. The WGC shall appoint a Scrutineering Committee to count the ballots. 11. The Scrutineering Committee shall submit a report to the Executive Director stating: a) the number of ballots cast in the affirmative; b) the number of ballots cast in the negative; c) or, the number of ballots cast in favour of each alternative, as the case may be; and d) the number of ballots spoiled. 12. The WGC shall notify the membership of the referendum results. BY-LAW NO. 8 DISCIPLINE COMMITTEE Section I Composition of Discipline Committee 1. The Discipline Committee shall be composed of members in good standing appointed by the WGC Council and shall not be fewer than three (3) in number. The Discipline Committee shall choose from its members a Chair and a Vice Chair. 10

2. The powers and duties of the Discipline Committee may be exercised or carried out, as the case may be, by a minimum of three (3) members of the Discipline Committee. 3. Members of the Committee shall each hold office for a term not to exceed the term of the appointing WGC Council, provided that the members of the Committee shall be deemed to continue to hold office for the purpose of participating in the decision of any discipline matter(s) before them at the time of the expiry of the term of the appointing WGC Council. 4. Any vacancy on the Committee shall be filled by an appointee of the WGC Council for the remainder of the vacating member s term. 5. The Committee shall meet as necessary to hear charges filed with the Committee. 6. The Committee shall report to the Executive Director. Section II Powers of Discipline Committee 1. The Discipline Committee shall render any decision which it may deem appropriate, and shall have the power to: a) dismiss the charge in whole or in part; or b) confirm the charge and penalty being contested; or c) confirm the charge and change or set a payment schedule for the penalty being contested. 2. The Discipline Committee shall determine the penalty to be imposed, and shall have discretion to reduce or to waive any minimum penalty set out in the By- Laws. Section III Discipline Committee Rules 1. The WGC Council may adopt rules governing the practice and procedure of its Discipline Committee which: a) are consistent with the principles of natural justice; b) respect the right of the accused to a fair opportunity to present their defence, in light of the fact that the WGC is a national organization and that it is in the interests of the WGC and its members that discipline matters be dealt with expeditiously and with a minimum of expense; and c) are not in conflict with the WGC Constitution, including the working rules for a member of the WGC, and the By-Laws of the WGC. 2. Where the WGC Council has not created a Discipline Committee, it shall assume the responsibilities of the Discipline Committee. 11

BY-LAW NO. 9 DISCIPLINE 1. Any member may be suspended or expelled from membership in the WGC, or be reprimanded, fined or suspended from some or all rights of membership for a fixed period of time or otherwise, or disciplined at the discretion of the Discipline Committee, if the member: a) is found to be in breach of the WGC s Constitution, or the working rules for a member of the WGC, or the By-Laws of the WGC; or b) absconds with or otherwise improperly converts monies of the WGC. 2. The Discipline Committee shall notify the WGC Council of any member who has been disciplined. 3. Subject to the discretion of the WGC Council, a member who has been suspended or expelled by the WGC shall not be entitled to any of the rights of membership until all claims or charges against him/her have been dealt with in accordance with the WGC Constitution and By-Laws. Section I Charges BY-LAW NO. 10 DISCIPLINE PROCEDURE a) Any charge alleging a violation of the WGC Constitution, or the working rules for a member of the WGC, or the By-Laws of the WGC, or of any of the obligations contained in those documents, shall be made in writing by the Executive Director, and a copy of the charge shall be filed with the Chair of the Discipline Committee. b) The charge shall contain the following particulars: i) the date or dates (if known) when the alleged violation occurred; ii) iii) iv) the name or names (if known) of the engager (if any) involved in the alleged violation; a concise description of the alleged violation; the clause or clauses of the WGC Constitution, the working rules for a member of the WGC, or the By-Laws of the WGC alleged to have been violated; and v) the penalty to be imposed by the WGC if the charge is not contested. 12

c) The Discipline Committee shall determine the penalty in accordance with the By-Laws, which penalty shall not be less severe, but may be more severe, than whatever minimum penalty may be prescribed for the alleged violation. d) The Executive Director shall cause the charge to be sent to the member pursuant to Section 1 of By-Law No. 19, together with a copy of the provisions of the By-Laws which deal with discipline or a summary thereof, or both. Section II Writer Response a) The member against whom a charge of violation of the WGC Constitution, the working rules for a member of the WGC, or the By-Laws of the WGC, has been alleged may: i) not contest the charge and accept the penalty set out in the charge; ii) iii) iv) admit the charge and accept the penalty set out in the charge; admit the charge, but contest the penalty set out in the charge, before the Discipline Committee; or contest the charge, and the penalty set out in the charge, before the Discipline Committee. b) If the member contests the charge or the penalty set out in the charge, or both, such response shall be filed in writing with the Executive Director not later than thirty (30) days after the date of the giving of notice of the charge to the member. The response shall state whether the member elects to proceed on the basis of written material only, or by way of an Oral Hearing (where both parties shall either be present at the Hearing or shall agree that such Hearing may be conducted via telephone conference call). In the event the response does not contain a statement of the member s preference, they shall be deemed to have elected to proceed on the basis of written material only. c) A copy of any response to the charge shall be filed with the Chair of the Discipline Committee within seven (7) days of receipt by the Executive Director. d) Any member against whom a charge is filed who fails either to admit the charge, or to file a response to the charge within the time limit outlined above, shall be deemed conclusively to have admitted the charge and to have accepted the penalty set out in the charge, and is therefore considered to be guilty. 13

Section III Assessment of Penalty a) Where no response to the charge has been filed, or where the member has admitted the charge and accepted the penalty set out in the charge, the penalty assessed shall be considered owing. The member shall have thirty (30) days to pay the penalty. Section IV Discipline Committee Procedures a) Within fourteen (14) days of receipt by the Chair of the Discipline Committee of the member s response to the charge, notice shall be given to the member of the date and time of the Discipline Hearing, and, in the case of an Oral Hearing, the place, which Hearing shall be held not less than fourteen (14) days but not more than forty-five (45) days following the giving of such notice. b) Oral Hearings shall be held at the City of Toronto. If participants of the Oral Hearing cannot convene in Toronto, such Hearing shall be conducted via telephone conference call, provided that all persons participating in said Hearing can communicate with each other simultaneously and instantaneously. At the discretion of the Chair of the Discipline Committee, an Oral Hearing may be conducted outside of Toronto with the consent of the member and the Executive Director. c) A copy of any written material (other than the charge and the member s response) upon which either the Executive Director or the member intends to rely at the Discipline Hearing shall be given to both parties, and, if the member has elected to proceed by way of Oral Hearing, a list of the witnesses which each party intends to call, and the original filed with the Discipline Committee, not less than seven (7) days before the date and time of the Discipline Hearing. d) Since the WGC is a national organization, a Discipline Hearing based on written material only may be held by one or more telephone conference calls, and such method of conducting a hearing shall be considered valid and binding, provided that all persons participating in said hearing can communicate with each other simultaneously and instantaneously. e) If the writer has elected to proceed with the Discipline Hearing based solely on written material, copies of said material shall be made available to members of the Discipline Committee not later than seventy-two (72) hours before the Hearing. f) If the member has elected to proceed by way of an Oral Hearing, the Executive Director and the member shall be entitled to call evidence and make representations at the Hearing relevant to the issues before the Discipline Committee. Each party shall be limited to forty-five (45) minutes of evidence, unless the Committee, in its sole discretion, rules that additional time is required in the interest of justice. 14

g) The member shall bear all costs and expenses of the attendance by the member, his/her witnesses and/or his/her representative at the Oral Hearing. Section V Decision of Discipline Committee a) The Discipline Committee shall render a written decision on the charge and the penalty, if any, not later than fourteen (14) days after the Hearing has ended. b) The written decision shall be dated and signed by a majority of the Committee, and shall contain findings of fact and reasons for the decision. The written decision may be signed in counterparts, and may be signed validly by facsimile transmission. c) Any dissenting member of the Committee may file a separate opinion which shall be dated and signed by the dissenting member(s), and shall contain findings of fact and reasons for the opinion. d) The decision of the Committee shall be final and binding. e) A copy of the written decision and any dissenting opinion(s) shall be given to the member pursuant to Section 1 of By-Law No. 19, and a copy shall be filed with the Executive Director. Section VI General Discipline Procedures a) Any time limit stipulated in By-Law #10 may be extended either before or after its expiry, at the sole discretion of the Discipline Committee or with the consent of the member and the Executive Director. b) In these By-Laws, where reference is made to an Officer or Official of the WGC, such reference shall be deemed to include the designate of such Officer or Official. c) The Discipline Committee holding a Hearing pursuant to these By-Laws may accept such oral or written representations or evidence as it, in its discretion, considers proper, and may, in whole or in part, base its decision on any such representations or evidence. d) A member charged under these By-Laws may be represented at all stages of the proceedings by a solicitor or representative at the member s own expense. e) The Discipline Committee holding an Oral Hearing at the election of the member may assess the costs of the Hearing against the member, should the Committee find that it was unreasonable, in the circumstances of the case, for the member to have proceeded by way of Oral Hearing. 15

BY-LAW NO. 11 MINIMUM PENALTIES FOR BREACHES OF WORKING RULES The WGC Council has approved the following minimum penalties for breaches of Working Rules. All fines shall be payable to the WGC. 1. Working for a Non-Signatory Engager a) Any member who works for a non-signatory engager shall be fined not less than five hundred dollars ($500) for each offence. b) Any member who has been notified by the WGC that an engager is a nonsignatory engager and works for such non-signatory engager shall be fined not less than one thousand dollars ($1,000) and, in addition, at the discretion of the Discipline Committee, the member may be fined an amount up to one hundred per cent (100%) of the gross fees earned by the member for the relevant engagement. c) Any member who, having been notified by the WGC that an engager is a non-signatory engager, commits more than once the offence of working for a non-signatory engager shall be expelled and shall not be eligible to reapply for membership for at least two (2) years, subject to the discretion of the WGC Council. 2. Working for an Unfair Engager a) Any member who works for an engager who has been declared unfair shall be fined not less than five hundred dollars ($500). b) Any member who has been notified by the WGC that an engager has been declared unfair by the WGC and who works for such engager, shall be fined not less than two thousand dollars ($2,000), and, in addition, at the discretion of the Discipline Committee, the member may be fined an amount up to one hundred per cent (100%) of the gross fees earned by the member for the relevant engagement. 3. Working for less than Applicable Minimum Fees a) Any member who works for fees that are below the minimum fees prescribed by a WGC agreement applicable to the engagement shall be fined an amount equal to the difference between the minimum fee and the contracted fee, plus two hundred dollars ($200). b) Any member who has been notified by the WGC of a potential breach of this By-Law and who works for fees that are below the minimum fees prescribed by a WGC agreement applicable to the engagement shall be fined not less than one thousand dollars ($1,000), and, in addition, at the discretion of the Discipline Committee, the member may be fined an amount up to one hundred per cent (100%) of the gross fees earned by the member for the relevant engagement. 16

4. Working while on Withdrawal Membership Status a) Any member on withdrawal who works within the jurisdiction of the WGC while his/her membership is on withdrawal shall be fined not less than five hundred dollars ($500) for the first offence, and, in addition, at the discretion of the Discipline Committee, the member may be fined an amount up to one hundred per cent (100%) of the gross fees earned by the member for the relevant engagement. b) Any member on withdrawal who commits the offence of working, more than once, while his/her membership is on withdrawal shall be suspended or expelled from membership in the WGC for a period of two (2) years, or be reprimanded, fined, suspended from some or all rights of membership for a fixed period of time or otherwise, or disciplined at the discretion of the Discipline Committee. 5. Receiving a credit from a Non-Signatory Engager a) Any member who receives a credit for work in the WGC s jurisdiction for a non-signatory engager shall be fined not less than five hundred dollars ($500) for each offence. b) Any member who receives a credit from a non-signatory engager more than once may, at the discretion of the Discipline Committee, be fined an amount up to one hundred per cent (100%) of the member s fee on that engagement and/or may be expelled from the membership and not be eligible to reapply for membership for at least two (2) years, subject to the discretion of the WGC Council. 6. Failure to serve as a Credit Arbitrator when requested a) Any member who declines the WGC s request to serve as a credit arbitrator in excess of three (3) times shall be fined not less than two hundred and fifty dollars ($250) for each occasion the member refuses to serve. b) Any member who accepts the duty of serving as a credit arbitrator and receives the credit arbitration materials must render a decision within the allotted time. If he or she is unable to complete the duty, s/he must notify the Guild by the mid-point of the time allotted. Failure to give notice shall result in expulsion from the Guild and the expelled member shall not be eligible to reapply for membership for at least two (2) years, subject to the discretion of the WGC Council. 7. Failure to file a Signed Contract when requested a) Any member who does not abide by the WGC s request to file a signed contract shall be fined not less than two hundred and fifty dollars ($250) for each occasion. 17

BY-LAW NO. 12 RULES FOR THE CONDUCT OF MEMBERS DURING A STRIKE 1. No member shall work or enter into a contract in contravention of the strike rules proclaimed by the WGC as follows: a) Any act or conduct which is prejudicial to the welfare of the WGC and its members is subject to disciplinary action. Conduct tending to defeat a strike or in any way weaken its effectiveness is per se conduct prejudicial to the welfare of the WGC. b) No member shall work for a struck engager even though the member is engaged or under contract to the said engager at the time the strike is called. c) No member shall write or continue to write for a struck engager immediately upon the calling of a strike, regardless of the script stage reached. d) The prohibition against working for a struck engager is in force regardless of the place at which work might be done, i.e. whether on or off the premises of the engager. e) No member shall perform work, nor deliver any script material, regardless of when it was contracted. f) No member shall discuss future work nor submit script material of any kind to a struck engager even though neither negotiation nor contracting is contemplated until after the settlement of the strike. g) Immediately upon the calling of a strike, each member shall inform his/her agent(s), personal manager(s), or any other representative(s) of all WGC strike rules and revoke or suspend any authorization or representation in relation to the struck engager for the duration of the strike. h) Each member shall be responsible for any agent or representative acting on his/her behalf. i) No member shall engage in any conference, negotiations, discussions or meeting of any kind, whether in person, by telephone or through the mail, or through any agent or other representative, with any struck engager, their employees, associates, subsidiaries and/or representatives regarding any contract or engagement, even though the effective date of any such proposed contract be scheduled for a time after the settlement of the strike. j) No member shall cross a picket line established by the WGC. k) No member shall enter the premises of any struck engager. 18

l) No member may use a fictitious name of any kind as a means of circumventing strike rules and regulations. m) Each member is charged with knowledge of all strike rules and regulations, of any strike information or developments circulated to the membership and of any strike information communicated through any means, unless they offer satisfactory evidence that it was impossible for them to receive such strike information. n) For the purposes of By-Law No. 12, the term member encompasses anyone admitted to membership in the WGC, regardless of his/her status. o) No member may be relieved of the responsibility for the payment of any fine, or from disciplinary action resulting from any infraction of strike rules by offering his/her resignation from the WGC. p) The WGC Council may delegate the enforcement of these rules to properly constituted committees or WGC personnel. BY-LAW NO. 13 SCHEDULE OF PENALTIES FOR BREACHES OF STRIKE RULES 1. Working While WGC is on Strike a) Any member who works for a struck engager in the jurisdiction of the WGC shall be fined an amount up to one hundred per cent (100%) of all gross fees and royalties or residuals earned by the member for the engagement of work. b) The member s name shall be published in one or more WGC publications and the member shall be expelled from the WGC for a period of one (1) year. The writer may reapply for membership after expiry of the one (1) year period, subject to the conditions of application as set out in Article 5 of the WGC Constitution and Section 2 of By-Law No. 1. 2. Working in the Jurisdiction of Affiliated Guilds who are Members of the IAWG While that Guild is on Strike a) Any member who works for a struck engager in the jurisdiction of an affiliated guild who is a member of the IAWG shall be fined an amount up to one hundred per cent (100%) of all gross fees and royalties or residuals earned by the member for the engagement of work. 19

BY-LAW NO. 14 PAYMENT OF FINES A member who fails to pay a fine within thirty (30) days of its being imposed, or who fails to adhere to the payment schedule set out by the Discipline Committee, shall be expelled from the WGC for a minimum period of two (2) years, after which the member may reapply for membership upon payment of all outstanding fines and dues. BY-LAW NO. 15 STANDING AND AD HOC COMMITTEES 1. The WGC Council shall have the authority to establish and disband Standing and Ad Hoc Committees as necessary. 2. Members of a committee shall each hold office for a term not to exceed the term of the appointing WGC Council, provided that the members of the committee shall be deemed to continue to hold office for the purpose of participating in the decision of any matter before him/her at the time of the expiry of the term of the appointing WGC Council. 3. Any member in good standing may be appointed to a standing or ad hoc committee. BY-LAW NO. 16 SIGNING PROCEDURES 1. Two signatures shall be required on official WGC documents, such documents to include but are not limited to agreements with other organizations, lease of office premises and long-term financial commitments. 2. The two authorized signatures shall be comprised of the President of the WGC Council and: i) the Executive Director; or ii) a member of Council. 20

BY-LAW NO. 17 DEDUCTIONS FOR INSURANCE AND RETIREMENT 1. Considering that the WGC continues the established Insurance Plan and Retirement Plan for the benefit of its members and has successfully negotiated engager contributions in addition to member contributions to cover the costs of the Plan, the WGC has the right and authority to require and have engagers make deductions from payments due to members and to have such member deductions and the engager contributions made payable to the insurance and retirement plans. 2. In order to equalize the engager payments and deductions in respect of WGC members and non-members, the WGC has the right and authority, as negotiated under the WGC s collective agreement(s), to require and have engagers make contributions and deductions from payments due to nonmembers. 3. These Non-member Equalization payments made in respect of non-members may be used and applied by the WGC in such manner and for such purposes as may be determined in the absolute and unfettered discretion of the WGC. 4. In the case of deceased members, the engager is required to make contributions towards the member s Insurance Plan and Retirement Plan. However, the WGC shall not require engagers to make deductions from the member s payments. Such contributions shall be forwarded to the member s estate. 5. In the case of deceased non-members, the engager is required to make the Non-member Equalization contributions but shall not be required to make deductions from the deceased non-member s payments. These Non-member Equalization payments made in respect of deceased non-members may be used and applied by the WGC in such manner and for such purposes as may be determined in the absolute and unfettered discretion of the WGC. BY-LAW NO. 18 UNDELIVERABLE FUNDS 1. Pursuant to the WGC s various agreements, royalties and other payments for writers shall be delivered to the WGC for processing and transmission to these writers. The WGC makes all reasonable efforts to locate the writers. 2. If a writer does not claim such a cheque within three (3) years after the initial advertisement of unclaimed funds appears in the WGC magazine and/or the WGC website, then the amount of the cheque shall be declared forfeit and deemed the WGC s property. 21

3. The WGC shall not be obliged to pay interest on any amounts paid to a writer whose cheque could not be delivered at the address listed by the writer with the WGC or, in the case of a non-member, provided to the WGC by the company or other payor, entity or person involved, and any interest earned on such amounts shall be the property of the WGC. 4. This By-Law shall apply to royalties, other compensation paid for re-use of material and other payments received by the WGC for writers (both members and non-members) prior to the effective date of this amendment and held by it on such date, and all such amounts received by the WGC thereafter. Section I Notice BY-LAW NO. 19 GENERAL For the purposes of these By-Laws, notification by the WGC shall be deemed to have been given to the writer by any of the following means: a) sending a written notice by prepaid ordinary or registered mail to the writer s last known address as recorded in the WGC s records, in which case notice shall be deemed to have been received by the writer on the tenth day after mailing; or b) sending a written notice by prepaid courier to the writer s last known address as recorded in the WGC s records, in which case notice shall be deemed to have been received by the writer on the fifth day after the courier was given the notice; or c) sending a written notice by facsimile transmission to the writer s last known number as recorded in the WGC s records; or d) sending a written notice by electronic mail (e-mail) to the writer s last known e- mail address as recorded in the WGC s records; or e) personal service of written notice upon the writer or his/her duly authorized agent. Section II Resident Quebec Members (Quebec Status of the Artist Legislation) a) Members in the province of Quebec may, from time to time, meet in a general membership meeting. b) All full members in good standing, who reside in the province of Quebec, have the right to take part and vote in general membership meetings and in referenda in that province. 22

c) Ten per cent (10%) of the membership in Quebec may require that a general membership meeting or referendum be held on a question specifically concerning the Quebec members. Section III Enforceability and Severability The Constitution of the WGC, the working rules for a member of the WGC, and the By-Laws of the WGC are subject to federal and provincial legislation. If any provision of the Constitution of the WGC or the By-Laws of the WGC, including the working rules for a member of the WGC, is found to be unlawful, void or unenforceable for any reason, it shall be deemed to be severable from, and shall not affect the validity or enforceability of, the remaining provisions of the WGC Constitution, the working rules for a member of the WGC, and the By-Laws of the WGC, which shall remain valid and enforceable according to their terms. 23