Co-production Treaty between
Canada & France

Specific Conditions

• "Canadian elements" means expenditures committed in Canada by the Canadian producer and expenditures on Canadian creative and technical personnel committed in other States by the Canadian producer. "French elements" means expenditures committed in France by the French producer and expenditures on French creative and technical personnel committed in other States by the French producer.
• In the case of France, "national" means a natural person of French nationality. With regards of works of animation, it can also be a legal person established in France.
• "producer" means : - in the case of Canada, a Canadian national that manages the production of a given work. -in the case of France, a production company established on French territory that manages a given work and who meets the conditions set by French Law.
• "on-demand audiovisual media service" means any electronic public communication service for the viewing of programs, at the moment chosen by the user and at their request, from a catalogue of programs selected and organized under the supervision of the provider of this service.
• "work" means a work of any length, consistent with the domestic law of each of the Parties, of fiction, animation, or a documentary consisting of an animated sequence of images, with or without sound, intended for initial release, either in a theatre, on a television service or on-demand audiovisual media service.
• A producer from a third State may also participate in the work in accordance with the provisions of the co-production agreements applicable to that work concluded by the Parties with the third State in question.
• The parties may on a case-by-case basis recognize a work involving the participation of a producer from a State with which only one of the Parties has concluded a co-production agreement or a memorandum of understanding.
• The minimum financial contribution by the French producer to a work and by the Canadian producer to the same work shall not be lower than twenty (20) percent of the production budget.
• For cinematographic works, the minimum financial contribution may be reduced to fifteen (15) percent of the total production budget, or to ten (10) percent of the total production budget for French-language cinematographic works.
• In the case of a third State, the minimum contribution by the producers other than the French and Canadian producers shall not be lower than ten (10) percent of the total production budget.
• The Parties may grant exceptions, notably to allow nationals for a non-party State to participate in a work for storyline, creative, or production purposes. With respect to key positions, such an exception, may apply to only one of the positions listed in Article 7 of this Agreement.
• The Parties may allow a work to be filmed or produced in the territory of a non-party State for storyline creative purposes.
• All dubbing services in English and French shall be performed in the coproducing State.
• Every five years the Parties shall review whether a general balance has been ensured between their respective contributions to the works coproduced.
• 1. The share of Canadian elements in a work is in reasonable proportion to the Canadian financial participation. 2. The share of French elements in a work is in reasonable proportion to the French financial participation. 3. The Parties may, through the mutual written consent of their respective administrative authorities, derogate from paragraphs 1 and 2, and grant exemptions, in particular as regards the expenditures related to storyline and creative purposes.
• Each Party shall ensure that its producer promptly advises its administrative authority of any material change to a work that may affect its qualification for benefits from the application of this Agreement.
• 1. For television and on-demand audiovisual media service works, each Party shall, through its administrative authority, ensure that its producer demonstrates the existence of a distribution or broadcasting commitment, in the territory of each coproducing State. 2. For cinematographic works, each Party may, through its administrative authority, require that its producer demonstrate the existence of a distribution or broadcasting commitment for the work in its country.