The Canadian film production industry has warned that proposed amendments to
tax legislation currently before Parliament could allow the government to use
film tax credits as a censorship tool, by denying funding to movies and television
productions with controversial or politically sensitive subject matter.
The industry believes that an omnibus income tax bill before the Senate of
Canada, known as Bill C-10, contains a provision that could dramatically affect
the financial viability of film and television production in Canada, and the
ability of Canadian productions to compete with Hollywood.
According to the Canadian Film and Television Production Association (CFTPA),
Bill C-10 (An Act to amend the Income Tax Act) includes language that permits
the Minister of Canadian Heritage to establish as yet undefined post-production
guidelines that determine if a film is "contrary to public policy",
thereby potentially denying federal tax credits that are vital to the financing of productions.
"Producers are shocked by what they perceive to be a political agenda
masquerading as public policy. If we must seek consensus on 'taste', nothing
will get made. There are already layers of safeguards in place to protect the
public and producers in Canada already abide by strict guidelines and acceptable
content boundaries throughout the funding process," commented Sandra Cunningham,
Chair of the CFTPA.
The Association pointed out that Canadian film and television productions are
financed in many cases through bank loans, which are contingent on federal tax
credits that are only granted once a production is complete.
By increasing the
subjectivity of production eligibility, the entire financial viability of many
projects are at risk, the CFTPA argues.
Responding to the industry's claims, Josee Verner, Minister of Canadian Heritage,
contends that "nothing could be further from the truth."
"Under the current rules, the creator of a film that includes content
that may be subject to prosecution under the Criminal Code could technically
still be eligible for a film tax credit under the Income Tax Act. This is a
legal absurdity; a loophole that successive governments-first Liberal, then
Conservative-have worked to close. This is a matter of good housekeeping, consistent
with previous policy and what is done in other cultural sectors," Verner
explained in a statement.
"Bill C-10 has nothing to do with censorship and everything to do with
the integrity of the tax system. The goal is to ensure public trust in how tax
dollars are spent. The modifications in question will affect a very small number
of the over 1000 productions that receive tax credits annually," Verner
stated, adding that: "The movies we go to see at theatres and film festivals
will continue to be eligible for tax credits."