Recent Changes to the Creative Saskatchewan Regulations and Guidelines for the SBM Production Grant

McKercher Service Area EntertainmentCreative Saskatchewan was established in 2013 to, among other things, administer funding applications and grants to the creative industries in Saskatchewan. The Screen-Based Media Production Grant is a grant for film and television projects that is available to either production companies incorporated in Saskatchewan, or federally incorporated production companies that are registered in Saskatchewan.

Prior to recent changes, in order to be eligible for the Screen-Based Media Production Grant, a Saskatchewan based production company had to own and control at least 51% of the copyright in the production. This, coupled with the fact that Saskatchewan does not have any official inter-provincial co-production regulations or guidelines, made it difficult for Saskatchewan producers to embark on co-production projects with production companies located in other provinces.

In April 2015, Creative Saskatchewan announced changes to the Screen-Based Media Production Grant, including a change to the 51% copyright ownership rule. In order to be eligible for the Screen-Based Media Production Grant, a Saskatchewan based production company is no longer required to own and control 51% of the copyright in the production. Rather, it must control a share of the copyright and receive a share of the net exploitation revenue that is proportional to the Saskatchewan based production company’s financial participation.

Creative Saskatchewan announced further changes to the Screen-Based Media Production Grant in August 2015. Previously, a Saskatchewan based production company was only eligible to receive a maximum of $250,000 per fiscal year, unless there was approval from the Lieutenant Governor in Council.  The most recent changes increased this limit to $600,000 per fiscal year.

These changes may make it easier for Saskatchewan producers to access grant funding and embark on co-productions; however, many in the industry still feel the change is not enough.

 
About the author:

Amy is an associate in the Regina office and has a broad interest in all areas of law, but has a particular interest in intellectual property and entertainment law.

About McKercher LLP:

McKercher LLP is one of Saskatchewan’s oldest, largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made us a top ranked firm by Canadian Lawyer magazine (2011, 2013). Expertise, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions.

This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances.  Counsel should be consulted concerning your own situation and any specific legal questions you may have.