Telefilm Canada has unveiled new guidelines for international coproductions with Canadian partners that came into effect after July 1, 2014, which includes the new Canada-India coproduction treaty.

The latest guidelines come on top of separate guidelines for treaty coproductions that were in force before July 1, 2014, and which largely remain unchanged.

Telefilm is still looking for an “overall balance” between minority and majority coproductions to be maintained over time in the new set of guidelines, which will also apply to potential new coproduction treaties now being negotiated by Heritage Canada.

The new guidelines recognize the competitive advantage of Canadian producers in being able to bring third-party participation to a project, subject to the approval of authorities in both coproducing countries. This would appeal to a European or other international partner looking to tap into the North America market, for example.

Heritage Canada in February 2011 launched a new federal policy on audiovisual treaty coproductions to position existing and new bilateral agreements for the digital age and other new global industry trends.

Under the new guidelines for coproduction treaties after July 1, 2014, eligible projects must still be coproduced with foreign partners from states that have signed an audiovisual coproduction treaty with Canada.

But where coproducers want to undertake a multi-partite coproduction, added foreign producers must come from a state that has signed a treaty or memorandum of understanding with at least one of the coproducing countries.

That would allow a project from a third-party country to be eligible if the coproducers can show that, since they boarded the project to make it a coproduction, they have meaningfully been involved in the development and scripting of the project.

“The participation of nationals from a third state that is not participating as a coproducer or of non-party nationals may only be authorized if the treaty allows it.

The additional foreign partners become third-party producers. And their role may be essential for location shooting, as when coproducers need to fill a non-creative technical position or roles as extras. Or the film or TV project may require location shooting in a territory other than for each of the coproducing partners.

Coproducers may also assign part of their copyright to third parties, including international broadcasters and distributors, “so long as they respect the conditions set out above and comply with the terms set out in the applicable coproduction treaty,” the new guidelines, published on April 2, added.

Significantly, a third state is a country that has signed a coproduction treaty or a memorandum of understanding with Canada or with the coproducing country.

That’s in contrast to a non-party state, or a country like the U.S. that has no coproduction treaty or memorandum of understanding with either of the co-producing countries in a project.

Multipartite coproductions can only be undertaken with third-State producers who are officially participating in the coproduction.

Clarification: The original version of this story stated the new guidelines covered coproduction treaties in effect before July 1, 2014. The story has been updated to reflect separate guidelines for coproduction treaties in effect before July 1, 2014, which largely remain unchanged, and a second set for after that date, including the new Canada-India coproduction.

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