On July 23, 2025, Ontario’s Ministry of Labour, Immigration, Training and Skills Development (the MLITS) published a Talent Agencies Consultation Paper (the Consultation Paper) and launched a consultation regarding the potential regulation of talent agents in Ontario. The Consultation Paper proposes certain key definitions and poses questions to stakeholders in the live, screen-based and recorded entertainment industries to explore whether a regulatory framework beyond existing legislation is needed to better protect performers from the risk of financial exploitation. Comments on the Consultation Paper will be received until September 22, 2025.

Background

Ontario is a major contributor to Canada’s film and television production industry. Talent agents play a vital role in the live, screen-based and recorded entertainment sectors, often serving as gateways between performers and professional opportunities. Currently, talent agents in Ontario are unregulated beyond existing consumer protection laws, including regarding the handling and distribution of client funds. This regulatory gap limits financial transparency and has the potential for the related contract based financial exploitation of performers.

Key issues for discussion

Proposed definitions for “performer” and “talent agency”

The MLITS proposes definitions for the following and seeks feedback on the same:

• “Performer” means a person who performs work or supplies services for monetary compensation in the live and recorded entertainment industry as a performer, including as a background performer; and
• “Talent agency” means a person that, for a fee, engages in the occupation of offering to procure, promising to procure, attempting to procure or procuring employment for actors, performers, extras or technical creative film persons.

Payment practices

In Ontario, talent agents operate without regulation over managing and distributing client funds. This lack of oversight has led to growing concerns over transparency, payment delays and potential financial unfairness faced by performers. The MLITS is seeking feedback on this issue in the Consultation Paper, posing questions regarding, for example, the frequency and extent of non-payment or underpayment to performers and whether limits should be placed on agency fees.

Possible licensing of talent agents

The Consultation Paper discusses the possibility of introducing a licensing framework for talent agents in Ontario. Several jurisdictions across North America have established licensing requirements for talent agents. In British Columbia, for example, talent agencies must be licensed and are limited to charging fees of no more than 15% of the performer’s earnings. The MLITS is seeking insights from stakeholders on whether a licensing framework for talent agents would be beneficial in Ontario, and what the requirements could be to obtain a talent agent license.

Next steps

Performers, agents and other stakeholders working in Ontario’s entertainment sector are encouraged to participate in the consultation. Input will be crucial in shaping a potential regulatory framework that balances fairness, transparency and industry sustainability. If you would like to submit feedback to the proposals and questions raised in the Consultation Paper, you can provide such feedback to Ontario’s Ministry of Labour, Immigration, Training and Skills Development by:

Mail:

Talent Agencies Consultation
Employment, Labour Policy and Special Projects Branch
Ministry of Labour, Immigration, Training and Skills Development
400 University Avenue, 15th Floor
Toronto, ON M7A 1T7

Email:

Talent-Agencies-Consultation@ontario.ca

For more information on this topic, please reach out to Kimberly Burns or your trusted legal advisors in the Media, Entertainment and Sports group. A special thank you to Justine See-Fernandez for her assistance in writing this article.