BELGIUM (Kingdom of)
Productions which comply with the terms of the Memorandum of Understanding (MoU) concluded with the Belgian Communities may obtain a recognition of coproduction status from the Canadian Audio-Visual Certification Office (CAVCO) but are not eligible for all benefits available to audiovisual coproductions governed by a treaty, including the Canadian Film or Video Production Tax Credit.
For more information on the MoU, please consult the document on the Telefilm website related to the MoU.
Signed February 24, 1984
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
Bipartite: 30% – Article IV (1), (2) (3) & 20% (4)
Multipartite: 20% – Article V (1), (2) & (3)
Article IV (1), (2), (3) & (4)
- The proportion of the respective contributions of the co-producers of the two countries may vary from thirty to seventy per cent for each film (30 to 70% for each film).
- The human and technical participation (studios and laboratories) of each of the countries shall be in the same proportion as the financial resources of both countries.
- The contribution of the minority co-production shall include an effective technical and artistic participation in creative staff, technicians and actors and be in proportion to his investment. In all cases such contribution shall include the participation of one technician, one performer in a leading role and one performer in a supporting role.
In exceptional circumstances, departures herefrom may be made jointly by the competent Authorities of both countries.
- In exceptional cases, minority participation may be reduced to 20% with the agreement of the competent Authorities of both countries.
Article V (1), (2) & (3)
- Assistance may also be given to co-productions between Canada, Belgium and one or many countries with which one of the Contracting Parties has a coproduction agreement.
- The conditions of acceptance to the financial assistance for such films shall be determined in each case.
- No minority contribution to such films shall be less than twenty (20) per cent of the budget. These contributions shall be approved only in exceptional cases and shall be determined in each case.
SHOOTING AND PERFORMERS
Article II (2)
- Shooting shall be carried out in one or the other co-producing country. Location shooting, exterior or interior, in a country not participating in the co-production but having a co-production agreement with one of the two co-producing countries may be authorized, if the scenario or the subject of the film so requires.
Article III (2)
- Should the film so require, the participation of the performers and trained technicians who are not nationals of one of the co-producing countries may be permitted, subject to agreement between the competent Authorities of both countries.
LAB WORK: No requirement
Article VII (1), (2) & (3)
- At the minimum, two versions of each film shall be made from the following four languages: English, French, Dutch and German.
- In practice, the original version shall be accompanied by at least one dubbed or subtitled version. This or these versions are made in either Canada or Belgium.
- The choice shall be made by agreement between co-producers or, failing this, by the majority co-producer.
COPRODUCTION AGREEMENT (ANNEX)
In accordance with the Agreement between the Government of Canada and the Government of the Kingdom of Belgium on Assistance to the Film Industry, the coproduction agreement should include:
1. the title of the film;
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 nationality of the producers supported by an official document;
5. the budget, including a detailed breakdown of the contributions of both parties, specifically in … (c.f. the form in the appendix);
6. the financing plan;
7. the distribution of receipts and markets;
8. a clause providing that admission to benefits under this Agreement does not bind the competent authorities in either country to permit public exhibition (before the commercial launch of the film);
9. the period when shooting is to begin;
10. 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