United States Filmmaker Crossing Canadian Border...Questions

SGM

Active member
Hello, okay, so here's the dilemma here:

Back in September I had went up to Canada from New York to location scout and to shoot a promo video (without being paid) for a location (interiors only) and we had gotten stopped by the border police and held for an hour and questioned since we had video equipment in the back of our car. It was traumatic in a way as we barely even got into the country - there was a chance we were going to be sent back. After an hour, they gave us the OK after asking us over 100 personal questions and contacting the location, etc.

Fast forward to now. I have made a donation to the location and in return they are allowing us to shoot there for two days in March 2013. It is my understanding to get work permit for working if you're hired by someone. This is not the case with us. Both parties are helping each other out - I'm donating to them, they're letting us shoot there. There is no hiring of my services, so the excuse of "as long as it doesn't take away from the job of what a Canadian can do, then you can enter" type of idea. Also, I'm not sure if I even need a LMO since I am solely producing the project here in the States, not them nor anyone in Canada.

So I just want the border issue to be as quick and painless as possible. I had sent two people e-mails pertain to our plans to come up in 2013 (and was advised to do this to show that there is intent to shoot). My main issue was that I did not want to get stuck at the border and told that I could not cross because of my Glidecam vest/arm, LED lights, stands, sound equipment, DSLR, crane, etc.

They mentioned that there is a 5% fee of entering so let's say it was $10,000 worth of equipment, the price would be $500.

So my question is, do I need a work permit based off of my situation? What do I need aside from the passport, $150 fee (is that even needed?) as well as forms, etc.

I wanted to make this VERY simple and to not fill out an application at the border to potentially be turned back.

Any thoughts, ideas?
 
Hello, okay, so here's the dilemma here:

Back in September I had went up to Canada from New York to location scout and to shoot a promo video (without being paid) for a location (interiors only) and we had gotten stopped by the border police and held for an hour and questioned since we had video equipment in the back of our car. It was traumatic in a way as we barely even got into the country - there was a chance we were going to be sent back. After an hour, they gave us the OK after asking us over 100 personal questions and contacting the location, etc.

Sometime in the 2002-3 period the Wife and I gave a presentation at a Canadian professional photographer's conference. I had a problem with my 'passport' and I didn't even get on the flight that the Wife took, but took a later flight having had to go home, get my 'birth certificate'(*) and return to the LAX... anyway...

When I arrived in Vancouver, I was shunted over to the interrogation area because I indicated I was 'giving a seminar'... someone number of questions later, I was 'allowed' to enter Canada...

I presume things have not changed.

I don't know how Canada views 'volunteer or work with out compensation', etc. but in the US you would still need a 'work visa' or a 'visiting artist' visa to do 'work' of any sort volunteer, charitable contribution or whatever.

I will presume that Canada would require similar.

I think you need to find out what forms can be filled out and approved before hand, so that all it is, is a matter of checking paper work when you do need to cross for your film production.

*Why on earth require a birth certificate... if anything can be 'faked' that would be it... since most people are not familiar with every state or local version, has no 'picture of the corresponding adult'... etc... but anyway...
 
I suggest you visit http://www.cbsa-asfc.gc.ca/menu-eng.html. If you can 't find the answer on one of their links then call them. CBSA are there to help and protect just like your Home Land Security folks. You will need to have documentation and you should have all of your gear listed and registered. Here we get a Carnet through the chamber of commerce and post a bond. I have been working legally on projects in the USA for many years and learned early on that prep and documentation is the key to cross border work for both sides.

Check here too:
http://eyefish.tv/production-guide/carnets
 
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I suggest you visit http://www.cbsa-asfc.gc.ca/menu-eng.html. If you can 't find the answer on one of their links then call them. CBSA are there to help and protect just like your Home Land Security folks. You will need to have documentation and you should have all of your gear listed and registered. Here we get a Carnet through the chamber of commerce and post a bond. I have been working legally on projects in the USA for many years and learned early on that prep and documentation is the key to cross border work for both sides.

Check here too:
http://eyefish.tv/production-guide/carnets

What do you mean by register? Yeah I'm happy to supply all the information of the equipment.

I'm curious if, with the situation, if it's gonna be more simple..

I've contacted border, etc all yesterday and they told me to send out e-mails to call the NY office, etc but I don't want to spend money on permits I just don't need to buy, you know? I want to be cautious with the limited funds I do have.
 
Well best of luck. Like I said, check with CBSA and get confirmation that you don't need a carnet. Canada is Canada you are entering another country so if the person you talk to at the border is not satisfied with your reason for entry then that person can deny you entrance to Canada. It is exactly the same for a Canadian entering the USA and believe me we have much more experience at this than most Americans in the biz. Hockey, Baseball to name two easy ones.. Everybody takes their borders seriously nowadays, not just the USofA.
But hey maybe a letter and a bit of luck and you are through..
 
A Carnet essentially provides proof of purchase and ownership of your equipment, and the US CBP's version of that is the 4457. If you want all your bases fully covered, I would highly suggest looking into those things. Without proof of purchase/ownership US Customs can attempt to charge you taxes on everything when you re-enter, claiming you bought it outside of the US in order to avoid our sales tax. I had no idea about this and got held up by customs upon returning from my first international trip for work. They let me slide because I'm young and the stuff I was using at the time was fairly dinged up, but since then I've made sure to register everything.
 
Hey guys,
I'm a Canadian traveling to the United States in January and am just wondering about the legality of filming in the United States. I'll be looking into the carnet after Xmas (hopefully I can get one before January 8th?) but I'm just wondering about what you can and can't do for work in the U.S. as a Canadian citizen.


I'll be filming for a Canadian company, and bringing the footage back to Canada to be produced and put on television and the web. I've heard of people being denied entry before and I'm not sure if this is for not having a carnet, or just not saying the right thing? I've been told if you are media filming for a Canadian company I shouldn't have a problem - but aren't companies supposed to hire American videographers etc?

Just wondering if any of you with some experience can give some clarity on this.

Thanks!
 
Hey guys,
I'm a Canadian traveling to the United States in January and am just wondering about the legality of filming in the United States. I'll be looking into the carnet after Xmas (hopefully I can get one before January 8th?) but I'm just wondering about what you can and can't do for work in the U.S. as a Canadian citizen.


I'll be filming for a Canadian company, and bringing the footage back to Canada to be produced and put on television and the web. I've heard of people being denied entry before and I'm not sure if this is for not having a carnet, or just not saying the right thing? I've been told if you are media filming for a Canadian company I shouldn't have a problem - but aren't companies supposed to hire American videographers etc?

Just wondering if any of you with some experience can give some clarity on this.

Thanks!

As with all things, perhaps finding a lawyer knowledgeable in this matter is 'best'...

But it is my understanding that any non-citizen entering the US to 'work', whether paid, unpaid, volunteer, or similar is required to have essentially a 'work' visa. There's the permanent resident work visa, and there several categories of temporary work visa, one of which is a 'visiting artist' visa, or similar.

An example is the 'O' visa, temporary visa for 'skilled' categories of work such as the aforementioned 'artist', or in your case 'film crew', referenced here

Another example there is a 'media visa', described here here

There are also some visas available to Canadian and Mexican citizens under NAFTA provisions.
 
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