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Public Notice
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Ottawa, 23 July 1986
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Public Notice CRTC 1986-179
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RECOGNITION FOR CANADIAN PROGRAMS PRODUCTION PACKAGES
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On 15 April 1984, the Commission issued Public Notice CRTC 1984-94 entitled "Recognition For Canadian Programs". The notice contained an appendix outlining the Commission's criteria for recognition of Canadian programs.
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The appendix sets out a basic definition of Canadian programs, including sections relating to "Special Recognition for Co-ventures" and "Production Packages".
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The "Production Packages" section stipulates that:
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PRODUCTION PACKAGES
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For the present purposes, a "production package" means two or more co-productions or coventures, undertaken by a Canadian production company together with one or more non-Canadian production companies, where a production that qualifies as a Canadian production, with minor foreign involvement, is matched with a foreign production, with minor Canadian involvement. (Emphasis added)
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The production packages may be accepted as Canadian, where a Canadian production company is involved and the co-production partners are the same for all the productions. The role of the Canadian production company is as defined for co-ventures. In assessing a production package, the Commission will examine it in its entirety and may qualify it if, on an overall average, the minimum requirements for co-ventures are met. Furthermore, a licensee will not receive credit for the production with fewer Canadian elements unless it also carries the production with the larger number of Canadian elements, at equitable times.
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All other considerations for recognition for Canadian programs apply.
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The Commission will follow closely the extent to which licensees make use of coventure productions or production packages to meet Canadian content requirements. It will review before April 1987 the suitability of continuing to accept production packages for the present purposes.
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Although there has not been extensive use made of this provision to date, the Commission is aware of a number of co-ventures that are currently being developed by Canadian producers. Several of these involve the participation of Telefilm Canada which has actively encouraged the concept of production packages. Recently, Telefilm Canada has also developed a new type of production arrangement, referred to as "twinning". It is the Commission's understanding that the concept of "twinning" as suggested by Telefilm Canada, would involve matching a fully Canadian production with a foreign production, with virtually no Canadian involvement other than a financial one.
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The purpose of the present Public Notice is to seek comment from broadcast licensees, program producers and other interested parties on the overall question of production packages, and in particular the interpretation of the phrase "minor involvement".
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Without limiting the discussion, the Commission invites comments on the following questions:
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1. Should the current provision for production packages be retained?
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2. Should there be minimum requirements with respect to "minor Canadian involvement" and if so, what should those requirements be?
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3. Should "twinning" be considered as a "production package" for purposes of recognition as a Canadian program? If yes, should the same or other conditions apply?
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4. Should the "Production Packages" provision apply to all categories of programs, or should it be restricted to such categories as drama and variety?
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5. If the production with major Canadian involvement is a drama, and attains 10 points, should it qualify for the "Dramatic Programming Credit" (150%), given that it is already receiving a "bonus" by qualifying as Canadian another production which would not qualify normally?
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6. Should the Commission consider in deciding on whether to accept as Canadian the production with minor Canadian involvement, that the major Canadian production receive the benefits of a domestic production for any regulatory or "quota" purposes which may exist in the other country?
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Comments should be submitted in writing by 29 August 1986 to the Secretary General, CRTC, Ottawa, Ontario, K1A 0N2.
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Fernand Bélisle Secretary General
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