Work permits for the television and film production industry

Canada has a thriving entertainment industry. Television and film production companies can therefore bring essential personnel to Canada through the television and film production work permit category.

Overview of work permits for the television and film production industry

Canada recognises the importance of allowing television and film personnel to enter the country promptly. The Government of Canada has stated that this is vital to attracting investment and creating jobs in Canada.

Work permits obtained through the television and film production work permit category are exempt from the requirement to hold anLabour Market Impact Assessment (LMIA). Although exempt from the LMIA, foreign nationals must comply with all the rules governing temporary work in Canada, including obtaining aTemporary Resident Visa (TRV)where required.

Foreign and Canadian production companies filming in Canada may use this work permit category if they can demonstrate that the work performed by the foreign national is essential to the production.

Requirements for a television and film production work permit

Applicants for this type of work permit must provide documents demonstrating that they meet the requirements for this category. These requirements include, but are not limited to:

A letter of support from the production, which should usually include information such as:

• The name and contact details of the production company.
• The working title of the production, the province or territory in Canada where the production takes place, and the expected production dates.
• The name of the applicant applying for a work permit for the production.
• A statement confirming that the individual and the position are essential to that particular television or film production.
• Details of the significant economic benefit to Canada from the television or film production, which may include:
  • The signature of a senior representative of the production company.
  • The date of signature.
  • The estimated number of jobs for Canadians created by the production.
  • The estimated budget to be spent in Canada at federal, provincial or territorial level.
  • A statement confirming that the television or film production meets the criteria for a federal, provincial or territorial television or film production tax credit, or is in receipt of federal, provincial or territorial funding for television or film production.

Where the position is unionised, a letter from the relevant union or guild is required, which should usually include information such as:

• A description of the union or guild.
• The working title and relevant location of the television or film production,
• The name of the applicant applying for a work permit.
• A statement for the officer’s consideration, stating that the union or guild considers the work to be performed to fall within the scope of the collective agreement and does not object to the foreign national working in the specified position for the specified company.
• The signature of a senior representative of the organisation.
• The date of signature.

Business travel in the entertainment industry in Canada

In certain cases, individuals seeking entry to Canada to work in the entertainment industry may qualify as business visitors.

This refers to a category of foreign nationals who intend to work in Canada but who, because of the nature or duration of the work performed in Canada, do not require a work permit.

There are normally 3 categories of individual working in the entertainment industry who may be considered as business visitors:

• Film producers entering Canada to work on a film, television programme or documentary, which must be a foreign-funded production. Collaborations between foreign production companies and Canadian entities are not treated as such productions, as the project must be entirely foreign-funded. To avoid problems on entry, it is essential that foreign film crews entering Canada know precisely who is providing financial support for the production.
• Essential personnel entering Canada to work on a foreign-funded commercial shoot. These workers must enter Canada for a short period, usually no more than 2 weeks. Who counts as essential personnel is decided case by case and depends largely on the evidence provided by the production company.
• Performing artists appearing at a show, concert or festival, or perhaps making a guest appearance in a television series or a film being shot in Canada. Whatever the venue, provided their reason for entering Canada is a time-limited engagement, they are very likely to be considered business visitors. Only in the case of regular, recurring performances is a work permit required.

The difficulty with these business visitor categories, and with other supported work options relating to Canada, lies in the discretion of the individual deciding whether to allow entry. If an immigration officer is unfamiliar with unusual work situations and the criteria for qualifying as a business visitor, they may refuse the individual entry to Canada. To avoid a refusal, it is advisable to check with an experienced immigration lawyer before attempting to enter Canada as a business visitor.

Find out more about work permits for the television and film production industry on the Government of Canada website athere.