Film Policy — full text

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Film Policy & Procedures Page 1 of 9 Film Policy Date adopted by Council: May 23, 2023 1. POLICY STATEMENT The Town of Lunenburg recognizes the cultural, tourism and economic benefits of filming activity. The Town strives to provide a film-friendly environment and encourages the growth of the industry. 2. PURPOSE This policy and procedures identify the application and approval process for filming projects in the Town of Lunenburg and the requirements which must be met, including the payment of applicable fees. 3. APPLICABILITY This policy and procedures apply to all filming projects within the Town of Lunenburg unless listed under the exemptions section, Section 7, of this policy. 4. SCOPE The Town of Lunenburg requires that anyone planning a film production within the Town, including streets, sidewalks, parks, and on other public and private properties, have an approved Film Agreement. 5. RESPONSIBILITIES Council will: - Set or amend any fees associated with the Film Agreement Application process. The Chief Administrative Officer (CAO) will: - Approve or deny Film Agreement Applications or assign a delegate to approve or deny Film Agreement Applications. - Designate roles for staff to help administer this policy and procedures. - Notify Council when an application has been approved. - Review and negotiate any requests not captured or included in the Film Agreement Application process. - Revoke a Film Agreement when deemed necessary. Film Policy & Procedures Page 2 of 9 6. FEES The Town will collect Film Agreement fees and daily shooting fees as set by Council in the attached fee structure (Appendix A). The fee structure will be reviewed annually by Council. Amendments to the fee structure require a motion of Council but do not require an amendment to this policy. Council will set a daily parking fee for production vehicles, which are defined as equipment trucks or passenger vans and not personal vehicles used by crew for daily transportation. This fee is included in Appendix A and will be reviewed annually. The production company and/or Film Agreement applicant is responsible for all expenses related to the use of Town roads, properties, parks, equipment, or personnel; and will be given an estimate of these costs before approving a Film Agreement. Invoices for Town services will be issued no later than 30 days after the final day of film activities. For productions filming within Town for six weeks or longer, the CAO may negotiate a discounted daily shooting rate and daily parking rate. 7. EXEMPTIONS This policy and procedures do not apply to current affairs, newscasts, and videography for weddings, sports teams or personal videos not for commercial use. 8. REFUSAL OR CANCELLATION OF A FILM AGREEMENT The Town may refuse or cancel a Film Agreement if: - The application does not comply with all regulations outlined in this policy and procedures or contravenes any local, provincial, or federal regulations. - The Town cannot provide the requested site(s). - There is not adequate traffic and parking control to ensure that streets are clear for the passage of emergency vehicles. - It is expected that Town resources will be over-extended by the production and/or the parking and traffic associated with the project. Film Policy & Procedures Page 3 of 9 TOWN OF LUNENBURG Clerk's Annotation for Official Policy Book Policy: Film Policy Date of Notice to Council: May 9, 2023 Date of Adoption: May 23, 2023 I certify that this Policy was adopted by Council as indicated above. __________________________ Municipal Clerk Date: May 24, 2023 Film Policy & Procedures Page 4 of 9 ADMINISTRATIVE PROCEDURES Film Policy Date approved by the CAO: May 23, 2023 9. STAFF ROLES The Economic Development Manager (EDM) will: - Review all Film Agreement Applications and make recommendations to the CAO for final approval. - Review Street Closure Agreement Applications relating to film activities and forward them to the Director of Public Works/Town Engineer for final approval. - Work with production companies and/or Film Agreement applicants to determine site locations and other appropriate requests and permits. - Coordinate the booking of municipal facilities when required. - Liaise with the production company and/or Film Agreement applicant concerning their Film Agreement Application and other required business related to the filming project, including cost estimates for any requested Town services and use of facilities. - Assist in finding suitable parking for film vehicles within the Town. - Review notifications from production companies to residents and businesses about film activities occurring in their area. The Director of Public Works / Town Engineer or designate will: - Coordinate an inspection of Town-owned and maintained film locations following filming. 10. FILM AGREEMENT APPLICATION PROCESS Filming requests must be submitted in writing to the Economic Development Manager and must include the following: - A completed Film Agreement Application (Appendix B). - If applicable, a completed Street Closure Application 14 days before filming starts. - Proof of valid commercial general liability insurance seven days before filming starts. - If applicable, a written notice to residents in the filming area outlining dates and times of filming, road and/or sidewalk closures, and any special effects seven days before Film Policy & Procedures Page 5 of 9 filming starts (for review by the Economic Development Manager). Once the Town has received a filming request, the appropriate staff will be informed. A site meeting with the production company and/or Film Agreement Applicant may be required to review the request and complete a walk-through to determine any concerns or special requirements. 10. FILMING ON PRIVATE PROPERTY Due to the impact on the community, a Film Agreement issued by the Town is required for filming on private property. Applicants must pay the Film Agreement Application fee. However, they will not be charged any daily shooting fees unless film activities impact or utilize Town properties, including but not limited to obstructing Town streets for any film-related activities. The private property owner is responsible for negotiating with the production company and/or Film Agreement Applicant regarding terms, conditions and fees for using their private property. As per requirements outlined in the notification section of these procedures, Section 15, the production company and/or Film Agreement Applicant must advise area residents of their intent to film. 11. TIMELINES The Film Agreement Application must be submitted at least 20 days before any film-related activities begin. Filming that includes road closures and special effects with elements of potential danger or any potential inconveniences to residents and businesses, or if the Town deems any other factors to require careful evaluation, the application must be submitted at least 30 days before any film-related activities. 12. INSURANCE The minimum insurance requirements that must be met to qualify for a Film Agreement include the following: $2 Million Commercial General Liability insurance per occurrence (or a higher limit as the Town of Lunenburg reasonably requires depending on the nature of filming), that includes coverage for third-party claims for bodily injury, death, and property damage. The minimum coverage amount per occurrence for Commercial General Liability insurance will depend on the project's size, scope and risks as outlined in Film Agreement Application (Appendix B). All required insurance policies must include the following: Film Policy & Procedures Page 6 of 9 - An additional insured endorsement naming the Town of Lunenburg (including its respective employees, officers, agents and volunteers) as an "Additional Insured" under the policy; - a requirement that the insurer give 60 days prior written notice to the Town of Lunenburg before any policy is cancelled; - a waiver of subrogation rights which the insurers may have against the Town of Lunenburg, its elected and appointed officers, agents, servants, and employees, whether the damage is caused by the act, omission or negligence of any of such persons. All required insurance policies must include cross liability, severability of interests, blanket contractual liability, primary and non-contributing, and non-owned auto liability. These requirements are the minimum insurance necessary to use Town property and facilities. The applicant is responsible for obtaining, at their own cost, any additional insurance required by law or otherwise necessary or advisable. The Film Agreement Applicant and/or Production Company must provide the Town of Lunenburg with an up-to-date Certificate of Insurance seven business days before the commencement of any filming activities. Upon notice, the Film Agreement Applicant shall make arrangements to allow the Town of Lunenburg to review the original insurance policies or provide a copy of the original insurance policies. 13. FILMING ON STREETS AND SIDEWALKS Any filming on Town streets and sidewalks must be discussed with the Economic Development Manager to determine whether a Film Agreement is required. The closure of any street or sidewalk requires an approved Street Closure Application. 14. CONSIDERATIONS TO RESIDENTS, OCCUPANTS, BUSINESSES Production vehicles arriving on location in or near a residential neighbourhood will not enter the area before the time set out on the film agreement. Production vehicles will not block or park in driveways without the permission of the driveway owner. Cast and crew of the production company will not trespass on the properties of residents or businesses. They must remain within the boundaries of the property that has been permitted for filming. Lighting must be oriented away from neighbouring residences and businesses. Film Policy & Procedures Page 7 of 9 All generators used on streets or in public areas must be equipped with silencing attachments or other silencing measures. Every attempt must be made to limit excessive vehicle idling. In situations where filming activity impedes access to a business or businesses, it is the responsibility of the production company/Film Agreement Applicant to approach affected owners to identify means of limiting disruption and/or to determine appropriate compensation levels for lost business. If a mutually acceptable agreement cannot be made, The Town will attempt to determine a solution directly or through an alternative dispute resolution process. 15. NOTIFICATION In cases where residents and businesses may be affected by film-related activities, including but not limited to road or sidewalk closures, traffic congestion, filming at night, special effects and the use of gunfire, the Town requires the production company and/or Film Agreement Applicant to provide a written letter of notification to residents and businesses of the events occurring in their area. A copy of the notification must be sent to the Economic Development Manager for review before being sent to affected properties. The Economic Development Manager must submit notifications for review seven days before any film-related activities start. Notification to property owners/occupants must occur no less than 48 hours before any film- related activities start. The notification must include: - Title of production and name of production company. - Name of Location Manager or Production Manager and contact phone number. - Date and times the film company will be working in the area with a brief description of what activities will happen and details regarding parking, noise and any special effects. - Name of the Town's Economic Development Manager and telephone number (as a secondary contact). When filming activities in busy public areas, such as but not limited to the Front Harbour area and the commercial zone of Old Town, the production company must place signs notifying passers-by, including pedestrians and vehicles, that the property is being used for filming and delays may occur. Approved Film may be revoked if affected residents have not been notified as per the requirements listed in this section. 16. NOISE Film activities must adhere to the Town's Noise Bylaw. The Film Agreement Application must Film Policy & Procedures Page 8 of 9 include the details of filming activities so the Town can review any potential bylaw exemption request. Noise bylaw exemption requests must be submitted in writing 20 days before the date or dates when the requested exemption is proposed to take place. 17. PARKING All vehicles associated with the production unit will be parked in a legal manner and must be able to Agreement access of emergency vehicles. The Economic Development Manager can assist with finding suitable parking for production vehicles for an additional daily fee. 18. TOWN-OWNED PROPERTIES The Town owns some buildings and properties that could be available for film activities. These include parks, trails and various municipal facilities. Use of these properties requires prior approval by the Town. Security and rental fees may apply. 19. TREES AND PLANT MATERIALS No tree removal or pruning of trees and plant materials on Town property or properties maintained by the Town will be permitted without the Town's approval. No tree, shrub, flower, moss, grass, footpath or natural object on Town property or properties maintained by the Town will be destroyed or removed without the Town's approval. All sites must be returned to their original condition, otherwise, the production company will be billed for clean-up services or restoration. 20. STUNTS AND SPECIAL EFFECTS The Film Agreement Application must clearly state the use of firearms, explosives, flash powder, detonators, flammable liquids, and the filming of dangerous stunts. When required by federal, provincial or municipal regulations, certain special effects must be conducted by certified professionals and may require approval from the RCMP, the Fire Department, and/or Council. All costs associated with these requirements and related clean-up are at the expense of the production company and/or Film Agreement Applicant. 21. CLEAN-UP Production crews are responsible for cleaning the project site at the end of every working day. Upon completion of filming activities, the production company must ensure that the site is returned to its original condition. An inspection of any Town-owned and maintained project sites will be conducted by Town staff. Film Policy & Procedures Page 9 of 9 If Town-owned and maintained properties have not been returned to original conditions, the production company and/or Film Agreement Applicant will be billed by the Town for any necessary clean-up, repairs, damages, etc. 22. CREDITS The Town may request a film credit whenever a substantial amount of filming is done in the Town of Lunenburg. 23. ENFORCEMENT The Town reserves the right to revoke an approved Film Agreement if the production company fails to comply with this policy, procedures, or any other applicable laws or regulations. TOWN OF LUNENBURG FILM AGREEMENT FEE STRUCTURE Fees reviewed annually by April 1 Last updated: May 2023 Film ApplicaƟon Fees Type of ﬁlm ApplicaƟon fee Student Film $50 Small ProducƟon Budget under $500 K $100 Medium ProducƟon Budget $500 K - $1 Million $150 Large ProducƟon Budget over $1 Million $200 Daily ShooƟng Fees Type of ﬁlm Half-day fee Full-day fee Student Film $75 $150 Small ProducƟon Budget under $500 K $150 $300 Medium ProducƟon Budget $500 K - $1 Million $250 $500 Large ProducƟon Budget over $1 Million $500 $1,000 Parking Fees for ProducƟon Vehicles Parking Fee $17.35 per day Please note that the daily parking fee covers parking for producƟon vehicles only, not personal crew vehicles. Your crew is responsible for ﬁnding legal parking unless prior arrangements are made with the Town. Last reviewed: October 2023 TOL Film Agreement ApplicaƟon Page 1 of 6 Town of Lunenburg Film Agreement Application This applicaƟon must be submited at least 20 days before ﬁlm acƟviƟes begin or 30 days for projects requesƟng road closures, special eﬀects or complex needs. _____________________________________________________________________________________ 1. Contact and Production Information ProducƟon company: ____________________________________________________________ ProducƟon contact: ____________________________________________ Phone: ________________________ Email: __________________________________________ Onsite contact: ________________________________________ Phone: _____________________________ Email: _____________________________________ Alternate onsite contact: ________________________________________ Phone: _____________________________ Email: _____________________________________ 2. Filming Details Title of producƟon: ______________________________________________________________ Type of producƟon: _____________________________________________________________ Provide a summary descripƟon of the ﬁlm producƟon, including what will be ﬁlmed: Last reviewed: October 2023 TOL Film Agreement ApplicaƟon Page 2 of 6 Total producƟon budget: __________________ Total spent in Lunenburg __________________ Work in Lunenburg start date: __________________________________ Work in Lunenburg compleƟon date: _____________________________ Dates and Times of ﬁlming: __________________________________________ Please atach a shooƟng schedule that shows dates, Ɵmes, and locaƟons. Atach a map or sketch of the requested locaƟons if applicable. LocaƟon(s) of ﬁlm: Include a list of ﬁlming locaƟons and atach a map or a sketch of requested ﬁlm locaƟons: Street Greenspace Municipal property/buildings Front Harbour Private property Other: _______________________ Number of staﬀ onsite: ______________ Do you require street and/or sidewalk closures? Yes No If yes, complete a Street Closure Permit ApplicaƟon. Number of vehicles onsite: ___________________ Types of vehicles: Parking requirements: Last reviewed: October 2023 TOL Film Agreement ApplicaƟon Page 3 of 6 Will you be using generators? Yes No All generators used on streets or public areas must be equipped with silencing atachments or other measures. Will there be special eﬀects and stunts: Yes No Anyone using special eﬀect pyrotechnics, whether to reproduce a visual gunshot eﬀect during a stage play, to provide a waterfall of silver sparks for a rock concert, or to destroy a car in a ﬁlm scene, must be cerƟﬁed by Natural Resources Canada (NRCan). Please provide proof of cerƟﬁcaƟon if applicable. Describe any special eﬀects or stunts: Will you have ampliﬁed sound? Yes No Will you have temporary tents or structures? Yes No Will you be requesƟng an exempƟon to the Noise Bylaw? Yes No Activities requiring exemption requests include ﬁreworks, pyrotechnics, and loud music during certain hours. If unsure, consult with the Economic and Development Oﬃcer. 3. Notiﬁcation In cases where residents and businesses may be aﬀected by ﬁlm-related acƟviƟes, including but not limited to road or sidewalk closures, traﬃc congesƟon, ﬁlming at night, special eﬀects and the use of gunﬁre, the Town requires the applicant to provide a writen leter of noƟﬁcaƟon to residents and businesses of the events occurring in their area. A copy of the draŌ noƟﬁcaƟon must be submited to the Town for review before any ﬁlm- related acƟviƟes start. Last reviewed: October 2023 TOL Film Agreement ApplicaƟon Page 4 of 6 4. Insurance Include a copy of your insurance coverage. Refer to the Film Policy and Procedures to review the insurance requirements. Minimum insurance coverage may vary depending on the risks associated with your producƟon: If unsure, consult with the Economic and Development Oﬃcer. Type of producƟon Insurance amount Student ﬁlming and low-risk ﬁlm producƟons Valid commercial general liability insurance coverage of at least $2-million Medium-risk ﬁlm producƟons This includes but is not limited to, car chases and pyrotechnics Valid commercial general liability insurance coverage of at least $5-million High-risk ﬁlm producƟons This includes but is not limited to, large pyrotechnics displays or explosions and aerial ﬁlming Valid commercial general liability insurance coverage of at least $10-million 5. Agreement to Indemnify Upon signing the applicaƟon, the Applicant agrees to save harmless and indemnify and defend the Town of Lunenburg and its elected representaƟves, oﬃcers, employees and agents from and against any and all claims, demands, suits, acƟons, causes of acƟon and/or proceedings that may be brought against or made upon the Town by any person arising out of maters in any way related to any act, failure to act, or otherwise of the Applicant and its employees, oﬃcers, servants, volunteers, and agents in respect of, or pertaining to the acƟviƟes described in this applicaƟon. 6. Waiver of Liability Upon signing the applicaƟon, the Applicant hereby releases, waives, and forever discharges the Town and its elected representaƟves, oﬃcers, employees and agents from all liability to itself and its heirs, executors, administrators and assigns for all loss or damage and any claims or demands for such loss or damage on account of injury to person or damage to property for which the Town may be responsible in respect of the conduct of the said event. 7. General Conditions o Applicants must comply with all regulaƟons outlined in the Film Policy and Procedures and adhere to all local, provincial, or federal regulaƟons. Last reviewed: October 2023 TOL Film Agreement ApplicaƟon Page 5 of 6 o Filming at Town properƟes, including streets and sidewalks, is subject to the compaƟbility of community booking schedules. o The Town may require that the applicant uƟlize external emergency services, traﬃc control, etc. on-site during ﬁlming. All costs associated with these requirements are the responsibility of the applicant. Where the Town does not provide services, the Applicant is required to pay the service provider directly. o The ProducƟon Company and/or Applicant must place signs in public access areas, informing residents that the facility or property is being used for ﬁlming and delays may occur. o The ProducƟon Company and/or Applicant is responsible for clean up at the locaƟon at the end of the day with minimal noise and disrupƟon. Upon compleƟon of ﬁlm acƟviƟes, the ProducƟon Company and/or Applicant must ensure that any Town-owned or maintained properƟes are returned to original condiƟon. Failure to do so will result in the Town billing the ProducƟon Company and/or Applicant for any necessary clean-up, repairs, damages, loss, etc. o It is the responsibility of the ProducƟon Company and/or Applicant to ensure that their staﬀ operate safely and professionally in their duƟes. 8.Fees Film Agreements include an applicaƟon fee and daily shooƟng fees. There is also a daily parking fee for producƟon vehicles. Please see the atached fee schedule. 9. Signature By signing this agreement, you agree to operate within the terms and condiƟons as outlined in this applicaƟon; and that you have read, understood, and will adhere to all provisions of the Town of Lunenburg Film Policy and Procedures. ____________________________________ Name _____________________________________ __________________ Signature Date Last reviewed: October 2023 TOL Film Agreement ApplicaƟon Page 6 of 6 10. Completed Forms Completed forms should be submited using one of the following methods: - Email at economicdev@townoﬂunenburg.ca - In-person at Town Hall at 119 Cumberland St., Lunenburg - Mailed to P.O. Box 129 Lunenburg, Nova ScoƟa, Canada, B0J 2C0 Oﬃce Use Only Type of Film: Daily ShooƟng Fees: ProducƟon Risk Level: Reviewed by the Economic Development Oﬃcer Requested street closures approved by the Director of Public Works (if required) Application decision Approved Not Approved Approving Signature: _________________________________ Notes for Applicant: