Home | Databases | WorldLII | Search | Feedback Canadian Treaty Series

Agreement between the Government of Canada and the Government of the French Republic concerning the Promotion of Co-produced Cinematographic Projects [1983] CATSer 15 (11 July 1983)

E100721 - CTS 1983 No.17

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE FRENCH REPUBLIC CONCERNING THE PROMOTION OF CO-PRODUCED CINEMATOGRAPHIC PROJECTS

The Government of Canada and the Government of the French Republic,

Desirous of promoting co-operation between France and Canada in the cinematographic field through concrete measures aimed at achieving work of a high calibre while respecting the character of each country's national culture,

have agreed as follows:

ARTICLE I

1. Full-length cinematographic projects which qualify for co-production ben­efits under the Agreement between France and Canada concerning cinematographic relations may receive selective assistance from each of the two countries under the conditions set forth below.

This assistance is refundable exclusively on receipts of any kind resulting from the exhibition of the production. The terms of repayment are subject to identical conditions which are defined by mutual consent of the competent authorities of both countries.

2. Such cinematographic projects must be of common interest to both countries and must contribute to the quality of the cinematographic production.

3. In principle, each country shall provide assistance to the same number of majority productions while the Agreement is in force.

The selective assistance granted by each of the countries shall represent a per­centage identical to their respective contributions to the particular co-production. This percentage shall not be greater than twenty (20) percent.

A minority co-production shall, in accordance with national laws, be considered a majority project if the following two conditions are met:

- if the director is a national of the minority co-producing country, and

- if the condition stipulated in the first sentence of this section cannot be met in any other way.

4. An overall balance must be maintained between each country's contributions toward selective assistance for co-productions, as provided in this Agreement.

5. The amount of assistance allocated to the cinematographic co-production under this Agreement is fixed as follows:

- for each co-production, a maximum of 2,500,000FF by France in the case of a majority French co-production, and Cdn $500,000 by Canada in the case of a majority Canadian co-production. The selective assistance given by the minority country, assessed as a percentage of its contribution to the co-production, shall repre­sent an identical percentage to the selective assistance given by the majority country, assessed on the same basis.

- for all co-produced projects a maximum of 5,000,000FF by France and Cdn $1,000,000 by Canada.

These amounts may be revised by the competent authorities in terms of the rates of exchange in effect at the time of each project's acceptance.

6. The maximum number of cinematographic productions which may benefit from the assistance outlined in this Agreement is therefore limited to four.

7. The expression "a national of the minority co-producing country" used in paragraph 3 above, refers to nationals or residents of France and to nationals or per­manent residents of Canada as defined in the Canada Income Tax Regulations with respect to certified productions, as may be amended from time to time.

ARTICLE II

1. A France-Canada Commission shall be set up to consider all projects eligible for assistance under Article I above. The commission shall be composed of repre­sentatives appointed as follows:

- From France: three representatives appointed by the Minister of Culture,

- From Canada: three representatives appointed by the Minister of Communi­cations, or if he so authorizes, the Canadian Film Development Corporation.

The Commission shall make recommendations relating to the financial assist­ance to be provided to projects and shall forward these recommendations to the des­ignated authorities in each country.

2. The Project Examination Commission may meet alternately in France and Canada in cases where such a meeting is deemed necessary by the majority of its members. Generally, both the French section and the Canadian section will com­municate to each other their respective proposals regarding the projects they feel are eligible for assistance under the preceding article. The final agreement on these pro­posals is made by exchange of correspondence.

Decisions made concerning the awarding of financial assistance as provided for in the present Agreement shall be made by the competent authorities in accordance with the provisions of the national laws in effect at the time. The competent authori­ties in each country shall inform one another immediately of the conditions under which assistance is granted and in particular the terms of repayment.

3. This Agreement shall enter into force on the date of its signature.

4. This Agreement shall be valid for a period of one year from the date of its entry into force; it is renewable annually by tacit consent, unless one or the other of the contracting parties gives notice of termination three months before the expiry date.

IN WITNESS WHEREOF the undersigned, duly authorized by their governments, have affixed their signature hereto.

DONE in two copies at Paris on 11 July 1983, in English and in French, both texts being equally authentic.

Francis Fox

FOR THE GOVERNMENT OF CANADA

Jack Lang

FOR THE GOVERNMENT OF THE FRENCH REPUBLIC