FRANCE (French Republic)

FRANCE (French Republic)
Official text of the Canada-France Treaty (29 K)  Official treaty and Amendments
Amendment to the official treaty – Canada-France (6 K) Amendment made in 1998 and entered into force on March 22, 2000

Signed and entered into force on May 30, 1983
Amended in 1988 and entered into force on February 8, 1989
Amended in 1990 and entered into force on September 8, 1992
Amended in 1992 and entered into force on November 1, 1997
Amended in 1998 and entered into force on March 22, 2000

Please take note that this summary is simply a reference tool and that you must comply with the complete terms of the applicable treaty(ies) (see link above) and with Telefilm Canada’s Audiovisual Coproduction guidelines

MEDIA
Film.

MINIMUM PARTICIPATION (Art. IV, V)
Bipartite:  20% (10% for a French-language feature film with a budget of at least $3.5 million) See Article IV (1) & (2) & V (1), (2), (3) & (4)
Multipartite: 20% – Article V (3)

Article IV (1) & (2)

  • The proportion of the respective contributions of the co-producers of the two countries may vary from twenty to eighty (20-80) per cent for each cinematographic production.
  • The minority co-producer shall be required to make an effective technical and creative contribution. In principle, the contribution of the minority co-producer in creative staff, technicians and actors shall be in proportion to his investment. In exceptional circumstances, departures here from may be made jointly by the competent authorities of both countries.

Article V (1), (2), (3) & (4)

  • The contracting parties look favorably upon the cinematographic coproduction meeting international standards by Canada, France and countries to which either of the said parties is bound by co-production agreements.
  • The conditions of acceptance for such cinematographic productions shall be determined in each case.
  • No minority contribution to such cinematographic productions shall be less than twenty (20) per cent of the budget.

In the framework of productions developed in the French language, the percentage for minority participation can be reduced, without being less than (10) percent of the total cost of the production, when that production is more than 3.5 million dollars Canadian, or the equivalent in French francs.

  • The minority co-producer shall be required to make an effective technical and creative contribution.

SHOOTING AND PERFORMERS
Article II (2) & (3)

  • Studio shooting must be carried out in one or other of the countries participating in the co-production. If the script or action of the work so requires and if technicians from the two co-producing countries take part in the shooting, location shooting, exterior or interior, in a country not participating in the coproduction, may be authorized. Location shooting, exterior or interior, in a third-party country, if the script or action so requires and if technicians from the coproducing countries take part in the shooting. Third-party country performers may be permitted, subject to agreement by the competent authorities.
  • Animation works such as storyboard, layout, key animation and voice recording must be carried out in Canada or France.

Article III (1) & (2)

  • The scriptwriters and directors of cinematographic productions, as well as technicians and performers participating in the production, must be nationals of France or Canada, or nationals of member States of the European States that are parties to the European Economic Area, or residents of France or permanent residents of Canada.
  • Should the cinematographic production so require, the participation of performers other than those provided for in paragraph 1 may be permitted, subject to agreement between the competent authorities of both countries.

LAB WORK
No requirement.

VERSIONING
Article VIII (1), (2) & (3)

  • Two versions shall be made of each cinematographic production, one in English and the other in French.
  • The cinematographic production shall be dubbed in either English or French as the case may be. Dubbing shall be carried out either in Canada or France.
  • The choice shall be made by agreement between the co-producers or, failing such agreement, by the majority co-producer. In this case, the minority coproducer is at liberty to prepare, at his own expense, the version for use in his home market.

COPRODUCTION AGREEMENT
In accordance with the Agreement between the Government of Canada and the Government of the French Republic concerning Cinematographic Relations, the coproduction agreement should include:
1.      the title of the cinematographic production;
2.      the name of the author of the script, or that of the adaptor if it is drawn from a literary source;
3.      the name of the director (a substitution clause permitted to provide for his replacement if necessary);
4.      the budget;
5.      the financing plan;
6.      the distribution of receipts and markets;
7.      the respective shares of the co-producers in any over or under expenditure, which shares shall in principle be proportional to their respective contributions, although the minority co-producers’ share in any over expenditure may be limited to a lower percentage or to a fixed amount;
8.      a clause providing that admission to benefits under this Agreement does not bind the competent authorities in either country to permit public exhibition of the cinematographic production;
9.      a further clause prescribing the measures to be taken where:

  • after full consideration of the case, the competent authorities in either country refuse to grant the benefits applied for;
  • the competent authorities prohibit the exhibition of the cinematographic production in either country or its export to a third country;
  • either party fails to fulfill its commitments.

10.    the period when shooting is to begin.
11.    a clause stipulating that the majority co-producer shall take out an insurance policy covering at least “all production risks” and “all negative risks”.

Important: please also consult List of essential elements required in an audiovisual coproduction agreement