Signed January 14, 1985
Revised October 10, 2006
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
Film & Television.
Bipartite: 20% – Article III (1) & (2) of revised treaty
- The proportion of the respective contributions of the co-producers of the two countries may vary from twenty (20) to eighty (80) per cent for each film.
- 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. Creative staff includes the author of the story and the scriptwriter, the director, the music composer, the editor, the director of photography and the art director. In all cases, the participation of each of these creative elements will be allocated to the country that contributes it. In principle, each country’s contribution will include, as a minimum, one element defined as creative, one actor in a leading role, one actor in a secondary role and a qualified technician. For these purposes, two qualified technicians may be substituted for the actor in the leading role.
In exceptional cases, modifications to this rule may be admitted jointly by the competent authorities of the two countries.
Multipartite: 20% – Article IV (1), (2) & (3) of revised treaty
- The Contracting Parties look favourably upon co-productions meeting the international standards subscribed to by Canada and Spain with other countries to which either of the said parties is bound by co-production agreements.
- While the minimum financial contribution for a Canadian producer cannot be less than 20%, a 10% minimum financial contribution by EU members can be made only in the case of a multipartite co-production.
- The conditions of approval for these cinematographic works must be examined case by case.
SHOOTING AND PERFORMERS
Article II (2) of original treaty
- 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 films 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.
Article II (2) of revised treaty
- If the co-production so requires, the participation of performers of recognized international stature who are not citizens of one of the co-producing countries may be permitted for the leading role, subject to agreement between the competent authorities of both countries. Foreign performers who are normally resident and employed in Canada or Spain may take part in co-production as residents of one or the other of the said countries.
Article II (3) of revised treaty
When an individual is a national of both Canada and Spain, the nationality corresponding to his habitual residence shall prevail or, failing that, the last nationality acquired.
LAB WORK: no requirement
Article IX (3) of original treaty
Two versions must be made of each film, one in Spanish and one in English or French. These versions may include dialogue in other languages as the script may require. The English or French version shall be made in Canada and the Spanish version in Spain.
No specific requirements in the treaty.
IMPORTANT: please also consult List of essential elements required in an audiovisual coproduction agreement