15. Policy – Artists Working in the Film and Television Industry

  1. Policy – Artists Working in the Film and Television Industry

Overview

Applicants to the Newfoundland and Labrador Provincial Nominee Program (NLPNP) are required to show that they can become economically established in Newfoundland and Labrador. This requirement is typically met if the individual retains a full-time job offer for at least one (1) year from an eligible employer in the province.

Individuals working in the Film and Television industry of the Media Arts sector are exempt from this requirement, provided certain criteria are met.

Each application will be assessed on its own merit, considering factors outlined in this policy and in the NLPNP Policy and Procedures Manual applicable to the category under which the individual has applied.

The NLPNP is authorized to nominate individuals for permanent residence with the intention and ability to economically establish in Newfoundland and Labrador, as outlined in the Canada-Newfoundland and Labrador Immigration Agreement. The province also has authority to issue work permit support letters to individuals, provided their job offer is genuine, and not part-time or seasonal. Individuals working in the Film and Television industry of the Media Arts sector in this province may be nominated without having full-time, year-round employment, provided they demonstrate the intent and ability to economically establish. However, the province may not offer a work permit support letter to individuals in seasonal work, including some work in the Film and Television industry.

Assessment Criteria:

  • The applicant must have legal status in Canada with at least six months of validity remaining on their work permit. Holders of employer-specific work permits are permitted to apply, provided they will only be working for that employer throughout the nomination phase and can prove their ability to economically establish. Office of Immigration and Multiculturalism (OIM) will not support new work permits through its programs for individuals working in seasonal occupations.
  •  The applicant must have a full-time job offer or is currently working on a full-time basis for an eligible employer. Applicants working less than 30 hours weekly, who are hired per day as “Daily Crew” may be considered on a case-by-case basis. This consideration is at the discretion of the Immigration Program Development Officer (IPDO).
  • The job offer must meet applicable laws, regulations, and the following criteria
      •  Meet NL’s employment and prevailing wage standards;
      • Not provide compensation in the form of cash or be solely commission-based; 1
      • Not conflict with any existing collective bargaining agreements. The NLPNP will not accept any application if there is a labour dispute involving either the employer or the applicant (i.e., international employment cannot be used as means of offsetting vacancies that are a result of a legal strike);
      • Be located in NL, even if the employee is working virtually (for example, employees who work from home or “virtual” locations and serve the employer by telecommuting).
      • Not displace any individuals from another equity-deserving group who has been overlooked, denied or discriminated against in favour of the applicant, provided sufficient proof is provided, and assessed on a case-by-case basis.
  • A film production relies on many types of professions (i.e. production, art department, sound, editing, set construction, set decoration, special effects, transportation, accountants, costume, etc.), representing a variety of National Occupation Classification (NOC) codes, not just artist specific NOC codes:
      • If applying through the Skilled Worker stream of the NLPNP, the applicant can be working in any TEER Category (0, 1, 2, 3, 4, or 5), provided the job offer is from an eligible employer.
      • If applying through the International Graduate category and the applicant is a graduate from the College of the North Atlantic (CNA) or Memorial University (MUN), the applicant is eligible to apply while working in any TEER Category, provided the job offer is from an eligible employer.
  • This exemption is suitable for (but not limited to) applicants in the International Graduate category who may be graduates of the CNA one-year certificate programs in Television and Film Technical Production or Post-Production, Memorial University’s Diploma in Screen and Stage Technique, or MUN’s Theatre or Fine Arts programs at Grenfell Campus.
  • The exemption also applies to applicant graduates from MUN, CNA, or other designated learning institutions who are not working in an occupation related to their field of study, provided they are working in the Film and Television industry of the Media Arts sector.
  • If the applicant completed their studies at a recognized post-secondary institution outside of NL, the applicant is also exempt from the field of study requirement if working in the Film and Television industry of the Media Arts sector. Out-of_province graduates are still required to work one year in NL prior to submission of an NLPNP application.
  • For the purposes of this exemption, an eligible employer is:
      • A film or television production shoot produced in NL; or,
      • A film or television production parent company (i.e., Take the Shot Productions) that is permanently established in Newfoundland and Labrador, or a co_production if one of the parent companies is permanently established in the Province, or
      • A film organization or film commission (i.e., PictureNL – formerly the Newfoundland and Labrador Film Development Corporation) that is permanently established in NL.
  • Non-union shoots (i.e. independent films, Public Service Announcements, commercials, etc.) are typically short in duration (i.e., two weeks) and ineligible under this policy. The job offer must be negotiated by a union that supports the entertainment industry:
      •  A local union, including the following:
          •  International Alliance of Theatrical Stage Employees Local 709 (IATSE Local 709),
          • International Alliance of Theatrical Stage Employees Local 849 (IATSE Local 849),
          • Directors Guild of Canada (DGC),
          •  Newfoundland and Labrador Directors Guild of Canada (NLDGC),
          •  Alliance of Canadian Cinema, Television and Radio Artists (ACTRA), or;
      • If an employee is a non-member of a union with a job offer for a unionized production, they are considered permitted members of the union for the purposes and duration of the shoot.
  • Artists typically work outside normal workdays, are self-employed, and / or work part of the year. For example, film production crews typically work long 12-to-14-hour days on shorter-term contracts (i.e., 40-day shoots, plus pre and postproduction), often at a high rate of pay depending on the “Tier” (budget) level of the production. The minimum duration for a contract is 4 months, including pre_and post-production. Shorter contracts (i.e., Daily Crew) can be considered on a case-by-case basis, provided the Immigration Program Development Officer is satisfied there are reasonable grounds to establish that the work will be full-time and long-term.
  • The applicant does not need to demonstrate that the employment contract will be extended or that it will be full-time, year-round. However, the Immigration Program Development Officer must be satisfied that the applicant will be returning to the same production company after any period of inactivity by the company. Further, individuals must demonstrate their intent and ability to become economically established in NL, and must therefore possess the ability to work for another employer while their principal employer is inactive (for example, during off-season stoppages).

PROCEDURES:

  1. Upon receipt of the application, OIM will assign it to the applicable NLPNP category, depending on the type of work permit and the application information submitted.
  2. The IPDO will verify the employment status of the applicant based on the documentation on file, including a copy of the employment contract. All supporting documentation must be saved in the online application system.
  3. The IPDO will confirm whether the position is unionized. A letter from the relevant union which would generally contain specifications such as:
      1. the description of the union,
      2. the working title and the relevant location(s) of the TV or film production,
      3. the name of the work permit applicant,
      4. a statement for the officer’s consideration indicating that the union is of the view that the work to be performed is subject to a collective agreement and that it has no objection to the foreign national working in the specified position for the specified company,
      5. the signature of a senior representative of the organization (i.e., producer, production manager, production coordinator, etc.), and
      6. the date of signature.
  4. The IPDO may contact the employer’s authorized contact person to verify the job offer. It is not necessary to determine whether the employment is long term or likely to be extended. The pay must meet the prevailing wage for that associated NOC.
  5. IPDOs should carefully consider the work permit’s validity and short-term employment contracts to prevent situations that can negatively affect the applicant’s legal status in Canada. If any issues are identified, the matter should be brought to the attention of the PNP Team Lead.
  6. If the IPDO is in support of the nomination, they will proceed with the steps outlined in the policy Discretion – Exemption to Criteria Set Under the Newfoundland and Labrador Provincial Nominee Program.