How film and TV production companies can get Canadian work permits?

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As a producer, you may be exempt from needing a work permit whereas production crew members and actors may get an LMIA-exempt work permit.Movie and TV shoots generate jobs, revenue, and infrastructure development. As such, the Canadian government offers facilitated work permit processing for foreign film industry workers to shoot on location in Canada.

Canada has already lifted much of its COVID-19 restrictions. Fully vaccinated foreign travellers are able to come to Canada with an approved antigen test, and many provinces are rolling back public health measures such as mask requirements.

As such, 2022 is poised to be yet another busy year for Canada’s film and TV industry. Canadians are making huge investments in TV and film across the country. The premier of Nova Scotia is flying to Los Angeles from March 12 to 16 to meet with decision-makers at Disney, Netflix, NBC and other studios. Also, Burnaby, British Columbia is building a 300,000 square-foot film studio.

Canadian work permits are divided into those that require LMIAs and those that are LMIA-exempt. The purpose of the LMIA is to prove to the Canadian government that a foreign worker will not cause any negative effect to the Canadian labour market. It is meant to demonstrate that a foreign worker is not taking away an opportunity for a Canadian worker.

Work permits may be LMIA exempt if the work being done will provide a cultural, social, or economic benefit to Canada. Film and TV crew members, actors, and other workers may be able to benefit from the Significant Benefit Work Permit. This work permit does not require an LMIA.

Those who are exempt from the LMIA requirement are typically workers whose occupation are deemed essential to the production and are eligible through the Television and Film Production Workers category.

Eligibility for the LMIA exemption hinges on whether an individual’s role is essential to the production. Since there is no exhaustive list of “essential personnel,” its definition is open to interpretation. Given that “essential” can vary from one situation to another, its determination is made on a case-by-case basis. It depends on what evidence is provided in support of the worker being essential to the production.

The person’s occupation is just one factor taken into account. For those who do need an LMIA, many workers in the TV and film industry may be granted a facilitated process where the position does not need to be advertised.

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