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REPRESENTING PRODUCTION COORDINATORS, CRAFTSERVICE PROVIDERS AND HONEYWAGON OPERATORS IN THE PROVINCE OF ONTARIO IATSE LOCAL 411 International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada Affiliated with the AFL-CIO and CLC IMMIGRATION SEMINAR March 11, 2012 Pinewood Studios 225 Commissioners Street Toronto, ON M4M OA1 3 rd Floor Boardroom, Suite A/B

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Page 1: IATSE LOCAL 411 · IATSE LOCAL 411 IMMIGRATION SEMINAR March 11, 2012. 3. IMMIGRATION – Canada the US and other foreign countries A- VISA requirements for Cast and Crew who need

REPRESENTING PRODUCTION COORDINATORS, CRAFTSERVICE PROVIDERS AND HONEYWAGON OPERATORS IN THE PROVINCE OF ONTARIO

IATSE LOCAL 411

International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada

Affiliated with the AFL-CIO and CLC

IMMIGRATION SEMINAR

March 11, 2012

Pinewood Studios 225 Commissioners Street

Toronto, ON M4M OA1

3rd Floor Boardroom, Suite A/B

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REPRESENTING PRODUCTION COORDINATORS, CRAFTSERVICE PROVIDERS AND HONEYWAGON OPERATORS IN THE PROVINCE OF ONTARIO

IATSE LOCAL 411

IMMIGRATION SEMINAR March 11, 2012

1. FOREIGN WORKERS (WORKING IN CANADA ONLY)

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I.A.T.S.E. #411 IMMIGRATION SEMINAR

TABLE OF CONTENTS/ AGENDA

1. FOREIGN WORKERS Step by step guidelines to bring Foreign Workers into Canada

Brian Dingle (Immigration Lawyer): Overview of the Immigration process including talking to unions and guilds about letters and work permits.

Brian Shena and Kelvin Beal (HRSDC): LMO Application (Labour Market Opinion)

2. BACK-UP DOCUMENTS

Samples of documentation talked about under #1

3. IMMIGRATION:

Donalda Sousa (Citizenship and Immigration Canada) and Brian Dingle.

A- VISA requirements for Cast and Crew who need to work in Canada from countries requiring VISA’s to enter

B- Guidelines to have Canadians work on-location in the USA and other foreign countries with Non-Immigrant Work Visas

4. BORDER CROSSING – VIA LAND, WATER AIR w/ Hadley Carpenter (Canada Border Services Agency) – (Q and A only)

The “Buffalo Shuffle” and crossing at any other points of entry into Canada.

5. OVERCOMING CRIMINAL INADMISSABILITY

A quick overview of the steps required to help your Foreign Worker overcome criminal inadmissibility.

6. QUESTIONS AND ANSWERS FROM FELLOW MEMBERS

Sent via e-mail

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REPRESENTING PRODUCTION COORDINATORS, CRAFTSERVICE PROVIDERS AND HONEYWAGON OPERATORS IN THE PROVINCE OF ONTARIO

IATSE LOCAL 411

IMMIGRATION SEMINAR March 11, 2012

2. BACK-UP DOCUMENTS

Samples of documentation talked about under #1.

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STEP-BY-STEP PRODUCTIONS

Date:

Attn: Kelvin Beal Human Resources and Skills Development Canada PO Box 6500, L.C.D. Downsview A Toronto, ON M3M 3K4

VIA FACSIMILE: 416-954-3107

Re: Introduction to New Production

To Whom It May Concern:

Step-By-Step Productions, located at Address Street, is currently in pre-production on the Movie-Of-The-Week “Step By Step”. This MOW is being produced in Toronto and surrounding area by Big American Studio.

Prep begins March 12, 2012 and filming will commence on April 16, 2012. Filming will continue through to May 25, 2012 and if required we will film 2nd Unit on location in the first week of July. At this time we do not have a locked schedule.

The production has a budget of 7 million (US) dollars to be spent in Canada on salaries, supplies and services and we will employ approximately 150 Canadians. For this film we are requesting Foreign Worker Permits for the Director, Director of Photography, Production Designer and several Cast members (as yet to be determined).

The production is currently in negotiation with;

NABET #700 (or) IATSE 873 - for the general and technical crew IATSE #667 - for the camera crew DGC/ODC - for AD Department, Art Department and Locations IATSE #411 - for Production Office staff ACTRA - for Cast

Production will make applications to the appropriate union for work permits.

If you have any questions or concerns, please do not hesitate to contact me at the production office.

Sincerely,

Production Coordinator�

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FOREIGN WORKER INFO SHEET

Name(as seen on Passport)

Permanent Address

Shipping Address

Telephone #’s & Fax #

Date of Birth

Sex

Country of Birth

Citizenship & Residency

Green Card Holder

Identification (SS #)

Passport No.

Criminal Record If you have ever had a criminal record of any nature, please contact the production

coordinator immediately; your application procedure will be different.

Do you have a Pardon or Letter of Rehabilitation?

Occupation

Position/Job Description

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BACKGROUND INFORMATION

Agent

Agency Name

Agency Address

Telephone #’s

Fax & Email Address

Manager

Manager’s Address

Tel & Fax

Frequent Flyer Nos.

Smoker?

Seating Preference

Food Requests

Limo/Transport Notes

Allergies

NOTES:

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REPRESENTING PRODUCTION COORDINATORS, CRAFTSERVICE PROVIDERS AND HONEYWAGON OPERATORS IN THE PROVINCE OF ONTARIO

IATSE LOCAL 411

IMMIGRATION SEMINAR March 11, 2012.

3. IMMIGRATION – Canada the US and other foreign

countries

A- VISA requirements for Cast and Crew who need to work in Canada from Countries requiring VISA’s to enter

B- Guidelines to have Canadians work on-location in the USA or other foreign countries with Non-Immigrant Work Visa’s

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So you’ve got a handle on getting Americans into Canada… now for the real work

CANADIAN PRODUCTIONS FILMING IN THE USA

O VISAS

O Visas are temporary visas that are available for three (3) years. They are renewable annually, for those individuals who are of extra-ordinary ability in the sciences, arts, education, business or athletics, which has been demonstrated by sustained national or international acclaim.

The O-1 visa applicant can self-petition for this visa.

Extra-Ordinary Ability:

Definition: A level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field in their endeavour. In the field of arts, it means distinction. Extra-ordinary achievement means a high-level of accomplishment in motion picture or television industry, evidenced by a degree of skill and recognition substantially above that ordinarily encountered.

REQUIREMENTS PROVING DISTINCTION IN ARTS:

Beneficiary must prove he/she is prominent in his or her field as demonstrated by being nominated for or the recipient of a significant international or national award or prize, such as an Academy Award, Emmy, Grammy or Director’s Guild Award, or can document at least three (3) of the following. (1) Lead in production having a distinguished reputation; (2) Critical reviews in newspaper or trade journals; (3) Lead for organization that has a distinguished reputation; (4) Record of major commercial or critically acclaimed successes; (5) Significant recognition from organizations, critics, government agencies or other recognized experts in the field, and/or (6) Commands or has commanded a high salary.

In addition, a peer group consultation letter from a labour organization or an organization with expertise in the area in which the individual works must be obtained from the United States. The advisory opinion for O-1 extra-ordinary ability must describe the applicant’s ability and achievements in the field of endeavor, the nature of the duties to be performed and whether the position requires someone of extra-ordinary ability.

You can never start this process early enough, or be diligent enough on getting your information filed. The application process to the UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE (INS) takes a long time, so act quickly to set-up your production’s application process; HIRE AN IMMIGRATION LAWYER

It is essential to hire a lawyer to help ensure the successful completion of your

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Immigration to the US. It can cost between $3000-$10,000 US depending on the number of applicants, and how many last minute add-ons you need (due to last minute changes of schedule, etc.).

Often the Studio will have an in-house person to deal with applications, or they may recommend an outside lawyer. If not, here are two firms recommended by other Coordinators;

• BORDEN LADNER GERVAIS Contact: Brian Dingle Tel: 416.367.6189 Fax: 416.361.2760

• GUBERMAN, GARSON Contact: Heather N. Segal Tel: 416.363.1234 Fax: 416.363.8760

Do what the lawyer says ASAP. Often they can be pretty laid-back about deadlines. However, all that needs to go wrong is their paralegal mistypes the application, or the INS officer who gets the application is a miserable S.O.B. and your application doesn’t make it in time.

There will be plenty of Fax’s and Fed-Ex.’s back and forth with the lawyers, including (ultimately) the very documents that get inserted into the applicants’ passport. Keep diligent copies and check that things arrive the next day. The lawyers won’t think to let you know if something doesn’t arrive.

2. TRY TO LOCK DOWN WHO YOUR APPLICANTS WILL BE

Do your best to obtain the names of who Production wants to work in the US. You will likely not have all the cast yet, and may still not know who the individual crew will be, however they should have a basic idea of the number of people they are taking and their positions.

Keep checking for updates as your deadline draws near. Also, in some cases, the lawyers’ fees for the initial application are fixed at a minimum number of applicants. If you are below that number, you may want to add a name or two of the cast or crew you deem most likely to be a last minute add-on.

3. INFORMATION YOU REQUIRE FROM YOUR CAST & CREW As the cast and crew are hired, you must approach them for the following documentation;

• Photocopy of Passport • Photocopy of any previously issued work visa • Resume with the current show already listed • Current home address • Letters of recommendation (ideally) • Copies of any honours, awards, nominations, they have received • Copies of any press articles, trade magazines that mention them as a professional in their respective field

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All of this information is backup material to the Application in which you are trying to prove to the I.N.S. that the applicant is just “swell”. If you have a performer who has few credits, enlist the help of the show publicist or even the performer’s agent to write you a “press-release” to include as backup documentation.

Try to get everyone’s information in your hands a minimum one week before your submission to your Lawyer. It is highly recommended that your package is in good presentable order and should arrive to your lawyer 10 weeks prior to the drop- dead-line.

4. JURISDICTIONAL APPROVALS

It is up to your Producer to approach to the local unions / guilds in the local jurisdiction your production will be filming in.

Meanwhile the Lawyer will be getting Opinion Letters from their own contacts at the unions / guilds for enclosure with your application to INS. Opinion letters basically affirm the applicant is not obstructed to work in the USA but does not approve the conditions for them to work in a local jurisdiction.

For example, the Lawyer gets an Opinion Letter for your Camera Operator applicant from IATSE in New York City although you will be filming in Los Angeles. This Opinion Letter does not mean that you will have permission locally to use your Camera Op as he is not a member of the Los Angeles local. To avoid problems during filming, the Producer should open discussions independently of the Immigration Application with the Los Angeles IATSE local, who may require permit fees or have a minimum crew requirement.

5. I.N.S. APPLICATION LETTER

Your lawyer should have a template of the Application Letter, which must be forwarded to you BEFORE IT IS FILED to get all the pertinent details plugged in and to double check for spelling mistakes and accuracy of job descriptions.

It is most usual to apply with a tiered application. The Cast or Crew member with the best professional profile, outstanding merit or special ability is the principal applicant or O-1. Everyone else is designated as support personnel who are deemed essential to the successful completion of the project and are therefore designated as O-2 candidates.

For example; your Director is the O-1 candidate and the Cast, 1st AD, Director of Photography, Camera Operator, Continuity, Hair Dresser and Makeup Artist are all O-2 candidates.

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6. ENTERING THE USA WITH YOUR NON-IMMIGRANT VISA Sample Attached – Notice of Action

When approved there will be two ‘Notice of Action’ documents arriving from the Lawyer’s Office.

The principal applicant’s O-1. The support personnel’s O-2. Note: all the O-2 applicants names appear on the same document, unless they are last minute add-ons to the original application – in which case they are under separate cover.

Photocopies suffice for the O-2 personnel and of course…. Keep a copy of everything for your own files in case someone loses theirs.

Canadian Citizens present their documentation (O-1 or O-2 document) at their port of entry. They will then be issued a Non-Immigrant Visa for their passport.

It is prudent to provide a letter to any O-2’s travelling before the O-1 does, that their essential skills are required to set-up the shoot in advance. The Immigration officers at the Toronto airport can see on the computer system that the principal applicant has not had their Visa issued yet. This can forestall all those time-consuming questions.

International Citizens must make an appointment at the US Consulate and have their Non-Immigrant Visa issued before they travel. They must have a valid O-1 or O-2 to present during the appointment. * Any Canadians without a passport should GET ONE!!!

7. WHAT HAPPENS IF ADDITIONAL CAST & CREW ARE REQUIRED AFTER THE APPLICATION HAS BEEN FILED WITH I.N.S.?

This will happen.

You did not complete the Toronto shooting schedule and a scene has been carried to the Los Angeles portion of the shoot. Suddenly two more actors are required to work in LA and they are local actors.

Call the Lawyer… get all the information to them and pray you have enough time.

Miracles do happen and as your primary application is already in and approved, your secondary application should be a quick thing.

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8. OTHER NOTES

It appears that on occasion, Producer’s have instructed their Canadian and International crew to enter the USA as a tourist and then “visit” set. Be aware that if caught, the individual will be deported and will never be allowed to enter the USA ever again. It is not the job of the Production Coordinator to instruct or advise crew to break the law.

If a crew member asks you for your personal thoughts on this issue, you might want to point out that the Production itself suffers no liability, and that the penalty is entirely on the back of the individual. Also, with the current run-away production scare, many of the local US crew may take an interest on the status of any Canadians on the set and call the INS for an inspection of the set.

Canadians with a criminal record going into the US will be an issue – any application will be subject to specific procedures that will naturally take more time to process. Contact an Immigration Lawyer!

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REPRESENTING PRODUCTION COORDINATORS, CRAFTSERVICE PROVIDERS AND HONEYWAGON OPERATORS IN THE PROVINCE OF ONTARIO

IATSE LOCAL 411

IMMIGRATION SEMINAR March 11, 2012

4. BORDER CROSSING (CBSA)

UNDERSTANDING THE BUFFALO SHUFFLE and other business

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REPRESENTING PRODUCTION COORDINATORS, CRAFTSERVICE PROVIDERS AND HONEYWAGON OPERATORS IN THE PROVINCE OF ONTARIO

IATSE LOCAL 411

IMMIGRATION SEMINAR March 11, 2011

5. OVERCOMING CRIMINAL INADMISSABILITY

A quick overview of the steps required to help your Foreign Worker overcome

criminal inadmissibility.

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INSTRUCTIONS FOR OVERCOMING CRIMINAL INADMISSABILITY

In order for a foreign national to overcome inadmissibility on the basis of a criminal record abroad, we would require the following:

1. Completed and signed application and consent forms (please see attached documents). The applicant would be required to enter all of the information requested (on pages one and two). In addition, a comprehensive statement as to the circumstance(s) leading up to the arrest and the disposition would be required. A statement regarding the applicant's rehabilitation is also required (although specified in the application form). Ideally, a letter from the criminal lawyer outlining the procedural history (even if simply a reporting letter to the client) would be made available;

2. Two passport style photographs of the applicant (please see attached photo specifications - the applicant should keep them to present to upon his entry to Canada);

3. Copy of the applicant's passport data page; 4. Court documents that clearly show the charge, the section of the law

under which the applicant was charged and the disposition. These documents must clearly show that the applicant was not convicted of the offence;

5. Letter from the production company outlining the applicant's role and his importance to the team, including a travel itinerary;

6. Materials submitted in support of the LMO application, together with the LMO, if available.

In addition to the documents listed above, your client technically should provide an FBI and State Police clearance certificates based on fingerprint cards from each state in which the applicant has lived in for more than 6 months since the age of 18 as well as the state in which the arrest occurred (police clearances take five weeks+ to obtain).

For us to conduct a conflicts check, please provide the production's full legal name, address and CRA BN number for matter opening and client identification purposes.

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(DISPONIBLE EN FRANÇAIS - IMM 1444 F)

DETAILS OF ALL OFFENCES AND CONVICTIONS MUST BE ACCURATELY RECORDED ON THIS DOCUMENT. PROVIDING FALSE OR MISLEADING INFORMATIONWILL LIKELY RESULT IN A REFUSAL OF YOUR APPLICATION AND MAY PERMANENTLY BAR YOUR ADMISSION TO CANADA.

WARNING

APPLICATION FOR CRIMINAL REHABILITATION

IMM 1444 (06-2002) E

Citizenship andImmigration Canada

Citoyenneté etImmigration Canada PROTECTED WHEN COMPLETED - B

PAGE 1 OF 4

Language of correspondence

FrenchEnglish OR

DATE(S) OF OFFENCE(S)/CONVICTION

Widowed

My home address is

No. & street

City/Town

APPLICATION FOR APPROVAL OF REHABILITATION

TimeNo.

All correspondence should be mailed to box 8 or to:

All other names that I use or have used (Include maiden name, previous married name(s), aliases and nicknames, legal change of name)

Sex

FOR INFORMATION ONLY

Family name(s)Date of birth

Given name(s) - Do not use initialsSECTION B TO BE COMPLETED BY APPLICANT

Country of birth CitizenshipMarital status

Single

Separated

Married

Divorced

Given name(s) 2) Family name Given name(s)

Province / State / Country

YEARMONTHDAY

YEARMONTHDAY

PLACE OF OFFENCE(S)/ CONVICTION SENTENCE(S) STATUTE

NUMBER(S)

On a separate sheet of paper, explain in detail the events/circumstances leading to the offence(s)/conviction(s). Indicate #15: Events / Circumstanceson the sheet of paper.

Postal / ZIP code

Apt./Unit

SECTION A TO BE COMPLETED BY APPLICANT

Male

Female

1) Family name

Mailing address

No. & street

City/Town Province / State / Country Postal / ZIP code

Apt./Unit

Indicate most convenient timeto reach you by telephone PM

AM

Home telephone no.Area code

No.

Business telephone no.Area code

No.

Fax no.Area code

I may be inadmissible to Canada because of the following offence(s): (use a separate sheet if necessary, entitled #14: Offences / Convictions)

10

1 2

1 2 3

4 5 6

7

8 9

11 12 13

14

15

OFFENCE(S)/CONVICTION

Common-law

c/o Brian Dingle of Borden Ladner Gervais LLP

Scotia Plaza

40 King Street West 4100

Toronto Ontario M5H 3Y4

416 367-6189 416 361-2760✔

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IMM 1444 (06-2002) E

DATEYEAR

I certify that the information provided by me is true and complete to the best of my knowledge. I also certify that I am not currently charged with any criminal offence.

Explain the purpose of your visit or stay in Canada

On a separate sheet of paper, provide reasons why you consider yourself to be rehabilitated and why you do not represent a risk to public safety. Indicate #17: Rehabilitation Factor on the sheet of paper.

Addresses for the past 10 years. (Use a separate sheet if necessary)Forms will be returned if there is any period of time for which you have not shown an address. Do not use post office (P.O.) box adresses.

NUMBER AND STREET(Do not use P.O. boxes)

DATESPROVINCE / STATE

COUNTRY

Employment for the past ten years starting with your present employer (Use a separate sheet if necessary).List every job and/or period of unemployment and/or school attendance for the past ten years. Your application will be returned to you if any period oftime is missing.

NAME AND ADDRESS OF COMPANY(Write name in full, do not use abbreviations)

DATESOCCUPATION

APT.No. CITY OR TOWN

THE INFORMATION YOU PROVIDE IN THIS DOCUMENT IS COLLECTED UNDER THE AUTHORITY OF THE CANADA IMMIGRATION AND REFUGEE PROTECTION ACT AND IS STORED INPERSONAL INFORMATION BANK NUMBER CIC PPU 042, 054 OR 300. THE INFORMATION IS PROTECTED UNDER THE PROVISIONS OF THE PRIVACY ACT AND IS ACCESSIBLE TO YOU UPONREQUEST.

MONTHDAY

FROM TO

FROM TO

16PAGE 2 OF 4

17

18

19

20

YEARMONTH YEARMONTH

YEARMONTH YEARMONTH

SIGNATURE OF APPLICANT

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IMM 1444 (06-2002) E

Date

Receipt no.GST

Name of originating office

Cost recovery code

File no. NHQ file no. (if known)

Fee

FOSS / NCMS ID no.

Equivalent offence(s) under Canadian law Maximum penalty under Canadian law

If subject is not eligible, state reason(s)

Officer's recommendation

Reasons for recommendation

Name of officer Signature of officerYEARMONTHDAY

I recommend approval of rehabilitation

I do not recommend approval of rehabilitation

I recommend an application for a Temporary Resident's Permit

I do not recommend an application for a Temporary Resident's Permit

PAGE 3 OF 4

SECTION C TO BE COMPLETED BY THE OFFICER.1

4

6

2

5

3

7

11

12

13

14 15

Inadmissibility provision(s)

Eligible to apply for rehabilitation? NoYes Date when subject was / will be eligible

YEARMONTHDAY

8

9 10

A36(1)a)

A36(2)a)

A36(1)b)

A36(2)b)

A36(1)c)

A36(2)c)

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IMM 1444 (06-2002) E

Authority from the Minister's delegate for relief under A36(2)(b) or A36(2)(c) granted

Date

I certify that a copy of these documents has been provided to the applicant and that the applicant has been given an opportunity to provide comments.

Date

Notification by (fax/e-mail) received that authority fromthe Minister for relief under A36(1)(b) or A36(1)(c) was:

Date

Reviewing officer's recommendation

1716

SIGNATURE

Comments

I concur / approve I do not concur / approve

Name of reviewing officer Signature of reviewing officerYEARMONTHDAY

SECTION D FOR OFFICE USE ONLY

Name (please print) Title

PAGE 4 OF 4

18

19 20

Name of officer Signature of officer22 23

Initials

RefusedGranted

Date

Date

Other documentation (specify)

NoYes

YEARMONTHDAY

YEARMONTHDAY

YEARMONTHDAY

YEARMONTHDAY

List of documents or photocopies attached - check those attached21

Documentation re: juvenile offender

Documentation re: sentence, parole, probation, fine or pardon

Police certificate

Passport

Text of non-Canadian statutes

Court judgement(s)

Driver's License and USA Birth Certificate (USA-born citizens only)

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IMMIGRATION SEMINAR- MARCH 11, 2012

QUESTIONS & CONCERNS…

HRSDC

1. Do Producers/ Exec. Producers require work permits?We have always offered letters explaining their status but is that enough?We have conflicting responses from HRDC and Immigration officers at the airport on this matter.

ANSWER:

The following is from the Immigration manual.

“The following persons will be granted entry as visitors pursuant to Regulations other than R186(g):

Film Co-producersAll temporary foreign workers entering Canada to take employment under the terms of a film co- production agreement between Canada and any foreign country are exempt from the need for an LMO. The temporary foreign worker must present a letter issued by the Canadian co-producer confirming that a co-production agreement has been signed and specifying what role the temporary foreign worker will fill in the production. The worker should also present a copy of their contract with the Canadian or foreign co-producer. Telefilm Canada plays a role in approving co- production agreements, and is available to confirm that an agreement exists, should this be necessary. (Telefilm Canada 1-800-567-0890, http://www.telefilm.gc.ca/04/41.asp?lang=en&)For more information on entry procedures into Canada for participants of official co-productions, see the following link:

http://www.telefilm.gc.ca/document/en/04/ProcedureImmigrationversionanglaise.pdf

Criteria:Work permit required but LMO exempt under R204, T11.

Film producers employed by foreign companies

Persons employed as producers by foreign film or television companies coming to produce a film or documentary entirely funded from abroad are exempt from work permits as persons who meet the criteria of a business visitor under R187.”

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2. Can we extend a positive Labour Market Opinion?

Can extension

After seeking consultation with another firm, we have been told that this is not the case and extensions can be done.

ANSWER:

NO, a LMO cannot be extended

There is a difference between the Labour Market Opinion (LMO) and the work permit. The work permit can be extended, however Michelle is correct and the LMO cannot be extended and a new application would be required.

http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/communications/whatsnewextlmo.shtml

3. Any employment that is longer then 3 months now requires job advertising on the Canada Job Bank.

ANSWER:

Not necessarily, depending on the position, the officer can waive the recruitment if the officer feels that the other factors outweigh the need to recruit for a Canadian.

Who does this apply to?

ANSWER:

It applies to almost all positions. I have included the link to the website as well as the exception to recruitment for entertainment.

http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/communications/advertrecrutment.shtml

Category: Entertainment SectorDescription: The position is for a specific occupation in the entertainment sector where a worker is often hired for a very limited number of days, in a specific location, and on very short notice (e.g., boxers, bar bands, DJ's, musicians, singers, film directors and first assistant directors for feature films and commercials, key actors, artists, film or television crew for short productions and commercials, etc.).Variation: No advertising or recruitment is required.Applicability: All Provinces

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4. We understand it DOES NOT apply to ‘actors’ or union members will a non-objection letter but what if it is an assistant, Visual Effects Supervisor, Consultant?

ANSWER:

Each position is assessed based on its own merits and based on the labour market as well as Immigration Regulation 203. The decision is taken based on an assessment of the six factors or R203.

“An opinion provided by the Department of Human Resources Development shall be based on the following factors:

(a) whether the employment of the foreign national is likely to result in direct job creation or job retention for Canadian citizens or permanent residents;

(b) whether the employment of the foreign national is likely to result in the creation or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents;

(c) whether the employment of the foreign national is likely to fill a labour shortage;

(d) whether the wages offered to the foreign national are consistent with the prevailing wage rate for the occupation and whether the working conditions meet generally accepted Canadian standards;

(e) whether the employer has made, or has agreed to make, reasonable efforts to hire or train Canadian citizens or permanent residents; and

(f) whether the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute.

Province of Quebec

(4) In the case of a foreign national who intends to work in the Province of Quebec, the opinion provided by the Department of Human Resources Development shall be made in concert with the competent authority of that Province. SOR/2004-167, s. 57.”

5. What is the time period to advertise jobs on the job bank?

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ANSWER:

Min 14 days

6. As we all know sometimes we are only give 48 hrs notice to fly this person into the country.

ANSWER:

That is understood and we always try our best to accommodate the request.

3. At the moment a LMO takes about 5-15 days to process. If Coordinators are required to immigrate someone in 48 hours, who do we contact if we are having problem getting the LMO. Can Immigration help and most importantly, is there an emergency number that we could get assistance.

ANSWER:

Contacts:

Carmen Varao-Phillips (Team Leader 416-952-6910)Pat Ebelshauser (Program Officer 416-952-6906)Kelvin Beal (Program Officer 416-952-1204)

Enquiry Line 1-866-556-5518 Option 5, Option 2

There is no separate emergency number or after hours number.

QUESTIONS & CONCERNS…

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IMMIGRATION/ LEGAL/ BORDER SERVICES1. If a crew member or cast member is working in Canada longer that 6 months, what application would be applicable for the spouse and children to be able to live in Canada past the 6 month mark without having to re-cross the border again. Can the children go to school here or the spouse get a temporary work permit? Is there a VISA required for that person?

2. I have a scenario coming up where the Director is Canadian and will be travelling with his wife (who is Japanese) their newborn (born in the US- 4 months) to Canada for longer than 6 months. The wife and the baby have only American passports. Does the baby need to have any special VISA?

3) Coordinators are sometimes forced to do the “Buffalo Shuffle” This process is when the LMO has not been issued in time the actor/crew member has just by-passed the immigration process at the airport. We then are forced to send the cast/crew member to Buffalo which could take all day. Can we send someone to a specific bridge for that process to happen, especially if the person is high profile.Is there a place at the airport that we could process a cast member or in Toronto?

4) VISA Processing prior to applying for an LMO. – some countries require a VISA to enter Canada in addition to the application for an LMO. Is there a speedier process for the Entertainment Industry and what is that process? Also if a crew/cast member is in not in their home country and they are cast on a show in Canada, can they go to the Canadian Consulate in any country to obtain a VISA?