Montreal: Alliance Vivafilm intends to reapply to the Regie du Cinema for a general distribution permit following a controversial decision in December denying the company a permit.

The tribunal denied the application from 2855461 Canada, a numbered company which does business under the name Alliance Vivafilm, based on article 104 of the Quebec Cinema Law which states a permit holder must be based in Quebec and majority controlled by Quebecers.

According to the Regie, Vivafilm failed to demonstrate its arm’s-length independence from Alliance Releasing, a distributor based in Toronto.

‘What I would like to tell you on behalf of the Quebec company is that I plan to reapply for a licence,’ says Patrice Theroux, president of the Quebec company and also a senior distribution executive with Alliance Releasing.

‘Obviously I’m not happy with the decision not to grant the licence. The rules are clear, there’s a law and they applied the law,’ says Theroux.

‘The rights acquired [for the Quebec market] are not the same [as acquisitions made by Alliance Releasing] and the Quebec company will continue to acquire movies from Europe and Quebec movies and will be subdistributing for Alliance Releasing. It is an autonomous operation, as it always has been,’ he says.

Theroux couldn’t say when Vivafilm would reapply, but says ‘it won’t be too far in the future.’

Canadian Association of Film Distributors and Exporters president Richard Paradis says the association intends to write to Quebec Culture and Communications Minister Louise Beaudoin to ‘strongly object to the Regie decision.’

‘Alliance has been a strong player in the Montreal and Quebec market for many years,’ says Paradis. ‘The decision is even more unbelievable when you consider the free hand the American majors have in Quebec.’

Paradis says even if there were ‘technical problems’ with the application, the Regie should have held additional meetings ‘to clear up any misunderstanding.’

‘It’s a slap in the face to an organization that has made every effort to be active in all the different regions of Canada,’ he says.

In Quebec, Vivafilm distributes about 60 theatrical pictures a year and dubs up to 20 in French. As many as 10 to 15 titles, typically European fare, are distributed exclusively in the Quebec market.

As an interim measure, Alliance Releasing is using a theatrical subdistribution arrangement with Cineplex Odeon Films (Quebec).