SWITZERLAND (The Swiss Federal Council)

Official text of the Canada-Switzerland Treaty (20 K)

Signed October 22, 1987

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 & Television.

MINIMUM PARTICIPATION
Bipartite: 20% – Article IV
Multipartite: 20% – Article VI

Article IV
The proportion of the respective contributions of the co-producers of the two countries may vary from twenty (20) to eighty (80) per cent of the budget for each co-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 technicians and performers shall be in proportion to his investment. This contribution should comprise the participation of not less than three technicians, one performer in a leading role and two performers in a supporting role. Departures herefrom may be approved by the competent authorities of both countries. The authorities encourage the exchange of trainees.

Article VI
The competent authorities of both countries look favourably upon co-productions undertaken by producers of Canada, Switzerland and countries to which Canada or Switzerland is linked by co-production agreements.

The proportion of the minority contribution in these co-productions shall be not less that twenty (20) percent for each co-production.

The minority co-producers shall be obliged to make an effective technical and creative contribution.

SHOOTING AND PERFORMERS
Article IV
Location shooting, exterior or interior, in a country not participating in the coproduction may be authorized, if the script or the action so requires and if technicians from Canada and Switzerland take part in the shooting.

Article III
Should the co-production so require, the participation of performers other than those provided for in the first paragraph may be permitted, subject to approval by the competent authorities of both countries.

LAB WORK
Article IV
The laboratory work shall be done in either Canada or Switzerland, unless it is technically impossible.

VERSIONING
Article VIII
The dubbing or subtitling of each co-production into French, English, German or Italian shall be carried out in Canada or Switzerland. Any departures here from must be approved by the competent authorities of both countries.

COPRODUCTION AGREEMENT (ANNEX – RULES OF PROCEDURE)
In accordance with the Agreement on Film and Video Relations between the Government of Canada and the Swiss Federal Council, the coproduction agreement should include:
1.      the title of the co-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 or 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-producer’s share in any over expenditure may be limited to a lower percentage or to a fixed amount providing that the minimum proportion permitted under Article IV of the Agreement is respected;
8.      a clause recognizing that admission to benefits under this Agreement does not bind the competent authorities in either country to permit public exhibition of the co-production;
9.      a 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 co-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 original material production risks”.

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