Production company for TIFF film 40 Acres pays outstanding amounts to Sudbury crew, union says

The union representing film crew workers in Sudbury says a settlement has been reached to finally pay some members who worked on a multimillion-dollar Canadian feature film shot in the area a year ago.

The film, 40 Acres, was produced by 4T Productions, led by Jennifer Holness, and filmed primarily around the northern Ontario city in September and October 2023.

It premiered at the recent Toronto International Film Festival (TIFF).

Just after the Sept. 6 premiere, the International Alliance of Theatrical Stage Employees and Moving Picture Technicians (IATSE), along with the performers’ union ACTRA, issued a statement saying they were “profoundly disappointed” there were still outstanding payments to actors, crew and vendors who provided services on the production.

In an update from IATSE Local 634, representing Sudbury crew, that was posted on Oct. 8, it said wages, per diems and rental fees for equipment have been paid back to the local in full.

The statement said the producers of 40 Acres have also pledged to work closely with local vendors and suppliers to settle outstanding bills.

While no one from Local 634 was available for comment, it said in the statement it appreciates the efforts of the producers to resolve payment issues and will monitor commitments to supporting local businesses.

Some suppliers say they still haven’t been paid in full

CBC reached out to some Sudbury businesses that said they were still owed money from the production.

One of them, Pinehill Lumber, in Lively, supplied materials to 40 Acres to build sets.

Accountant Dawn Digby said the production company paid $15,000 last May but still owed $17,000 to Pinehill as of Oct. 10, 2024.

She said the producer wrote her an email a few months ago, saying she had taken no fees, relied on personal loans to complete the film and was waiting for certain things to line up to get cash flowing again.

She promised payment and thanked Pinehill for its patience.

But Digby said she’s frustrated with the delay.

“It’s not enough,” she said. “I would have thought that they would at least make payments on it, pay so much a month, pay a third of it and a third the following month. I mean, we’re still in limbo.”

In a statement to CBC last month, Holness, the 40 Acres producer, acknowledged the movie did go over budget.

At that time, she said, her company was taking the matter seriously and working with independent accountants to address outstanding payments.

She did not respond to requests for comment on this story.

Holness has said the movie was entirely Canadian funded.

CBC has learned the budget amounted to $8 million and included $3.2 million of public funding from Telefilm, among other sources, both public and private.

‘They’ve made it right with our members’

John Lewis, IATSE’s director of Canadian affairs and international vice-president, said he’s pleased Sudbury film crew members have now been compensated.

Lewis credited 4T Productions with its efforts in reaching a settlement.

“Decisions are made, unexpected circumstances happen, and you think you have a tight budget and then before you know it, it’s not so tight,” he said. “They’ve made it right with our members. I’m really hoping that they make it right with all the other vendors as well.”

While Lewis said some producers may encounter unanticipated problems, a coalition of unions and guilds wants Telefilm and other government partners to restrict financing to productions that have a history of paying their bills, and are in good standing with their’ unions and guilds.

He said that would help confirm their financial viability and ensure money goes where it is supposed to go.

“We just think that financing shouldn’t go to those entities that are not living up to industry minimum standards in terms of health and safety, in terms of wages, etcetera. And we think the government has an obligation, and Telefilm has an obligation, to ensure that happens.”

Lewis said that, for instance, the Canada Media Fund (CMF), has already taken measures to tie funding to financial reporting.

In a statement, the CMF said projects that receive a certain level of funding must have an independent accounting firm conduct a financial audit.

In the case of 40 Acres, it received support from Telefilm, the CMF and the Northern Ontario Heritage Fund.

It also received support from CBC and Crave (Bell Media), but the exact figures are not known.