The Canadian entertainment industry is a major contributing sector to the Canadian economy. The success of this industry can be ascribed to Canada’s multicultural population and beautiful scenery, which combine to make Canada the perfect setting for a wide assortment of various film and TV ventures.
Despite the fact that there are many talented Canadians working in this field, the significance of the interest of foreign nationals is evident. It is in this way vital for the success of this industry that there be facilitated processes accessible to these foreign nationals that permit them to work legally in Canada in the simplest and quickest way possible.
To burden them with paperwork and subject them to the extensive handling times as a rule connected with getting a Canadian work permit would not be to the greatest advantage of Canada’s economy, as it could discourage producers from considering Canada as a practical choice for their entertainment venture. Luckily, the government of Canada knows about this risk and has offered a few avenues through which foreign nationals who want to work in the Canadian entertainment industry can do as such.
Typically, in order for foreign workers to be given a work permit, the business (either a Canadian manager or a foreign employer working inside Canada) should first apply for a Labor Market Impact Assessment (LMIA). To reach this goal, the business must show that attempts were made to hire a Canadian for the position. This includes publicizing a particular position for a specific period of time and finishing a recruitment report documenting why none of the candidates were appropriate for the position.
Logistically speaking, holding fast to this prerequisite would involve delays that are in conflict with numerous production schedules, specifically with regards to unexpected labour needs. Assuming there are no unanticipated deferrals, a LMIA can take three to four months to secure. This long procedure is not helpful for responding to the time period that most shooting schedules allow, and could bring about production delays. Because of monetary losses, more associated with these type of delays, the need to follow the LMIA prerequisite can wind up being costly for production companies that end up needing crew members.
All things considered, there are basically three courses through which hiring might be done while maintaining a strategic distance from the previously stated issues.
This refers to a classification of remote nationals aiming to work in Canada who don’t require a work permit. Since the LMIA is essential for the work permit application, these foreign nationals are therefore exempt from the LMIA prerequisite. With a specific end goal to be considered as business visitors, non-Canadians wanting to work in the entertainment industry can be categorized as one of two classes:
• Film producers employed by foreign companies for commercial shoots
• Essential personnel entering Canada for short durations
To qualify under the first classification, evidence must be given that the individual is really a filmmaker and that the production in question can surely be viewed as a “commercial shoot.”
LMIA-exempt work permit
There is another encouraged course to working legally in Canada that is accessible to the individuals who are in the entertainment industry yet don’t qualify as business visitors. Such individuals could be qualified for an LMIA-exempt work permit. As previously specified, the need to get a positive LMIA is typically the most hazardous part of a work permit application, so being excluded from this prerequisite makes the procedure much less demanding and improves the probability of the work permit being granted in the briefest timeframe.
LMIA work permit
In the event that none of the above-mentioned options can apply, there is no other option to applying for an LMIA-supported work permit. In any case, even this alternative is encouraged for those people working in the entertainment business. The reason being is that they are excluded from the advertising prerequisites that an LMIA normally involves, along these lines eliminating what is commonly the most problematic part of the LMIA application. In such a case, the most difficult necessity connected with the LMIA is the requirement for the employer to pay the $1000 processing fee.
“There is a reason why the saying goes ‘lights, camera, action!’ rather than lights, camera . . . hold on for four months. Fortunately, the entertainment industry has been granted a range of exceptions and variations on the typical requirements,” says Attorney Daniel Levy of the Campbell Cohen Law Firm.