Bill 206 — The Adult Publications Act (Legislature 18, Session 4)

L18 S4 4391

Alberta — Bills

1978 BILL 20.6 Fourth Session, 18th Legislature, 27 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 206 THE ADULT PUBLICATIONS ACT MR. LITILE First Reading _________________________________________ _ Second Reading ______________________________________ _ Committee of the Whole ________________________________ _ Third Reading _______________________________________ _ Royal Assent ________________________________________ _ Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 206 Mr. Little BILL 206 1978 THE ADULT PUBLICATIONS ACT (Assented to , 1978) HER MAJESTY, by and with the advice and consent of the Legislative Assembly 'Of Alberta, enacts as follows: 1,.

In this Aot, (a) "adult publication" means a publication classified as such 'by the Board; (b ) "adult publicati'On store" means a s>tore which has received 'a licence from a municipality pursuant to The Municipal Government Act to sell adult publioations; ( c ) "B'Oard" means the Publicati'On Clas'sification Board 'established herein; ( d) "publicati'On" means any book, magazine, newspaper or picture that has been printed or otherwis'e reproduced or any phonograph record, tape or film, but shall not include a film that has been approved by a Board of Censors pursuant to The Amusements Act. 2.

(1) There is hereby established the Publication Classifica tion Board which shall consist of members appointed by the Lieutenant Governor in Council in such number as he shall deem appropriate.

(2) The Board members may be paid salary and expenses providing that money has been appropriated to that purpose by the Legislature.

(3) The Board may make bylaws governing its own internal proceedings. 3.

(1) The Board shall dassify every publication to be offered for sale other than in an adult publioation store as being

Explanatory Notes I.

Definitions. 2. Publication Classification Board established. 3. Board classifies publications.

(

a) a general publioation, being a publication UP'On which there are no restricti'Ons as t'O the mode of sale, or, (

b) an adult publioation, being a publication which may only be sold in an adult publication store.

(2) The Board shall classify as an adult publication any pubHcation that it deems to be unsuitable to be viewed or heard by minors on the basis of undue exploitation of sex, crime, horror or violence. 4. ( 1) The Board may classify publications by specific orders relating to one publication or by general orders relating to two or more publioations or a series aT class of publi<cations.

(2) A general order may cover future issues of a publicati'On that is published periodically. (3) 'The Board may order a publication that has been classified as an adult publication to be marked in such a way as to indicate that it has been S'O classified. ( 4) The Board shall have the powers 'Of a commissi'Oner under The Public Inquiries Act f'Or the purposes of carrying out its functions. 5.

(1) For the purposes of this

section (

a) a solidtation of a sale by mail or by telephone shall be deemed t'O be an offering for sale, (

b) the sending of a publication by mail shall be deemed to be a sale, (

c) a gift, exchange or barter shaH be deemed to be a sale, and (

d) a publioation that has not been classified by the Board pursuant to sections 3 and 4 shall be deemed to be an adult publioation.

(2) Every pers'On who sells or offers f'Or sale an adult publica tion (

a) to a minor, or (

b) other than through an adult publication store, is guilty of an offence.

(3) Any pers'On who acts as an agent for a minor or for a seller, in a transaction whereby an adult publioation is sold to a minor, is guilty of an offence. ( 4) Any person being the owner, 'Oocupier or employee of an adult publicati'On store, who knowingly or negligently permits any pers'On who is a minor or is apparently a minor, unless the person is in fact not a minor, to enter an adult publication store is guilty of an offence.

(5) Any person who causes or knowingly or negligently per mits. any adult publication to be disp1ayed to or heard by the pubhc other than an adult publioation st'Ore, or displayed to 2

4. Orders issued by the Board. 5. Offences. 2

or heard by a minor in a place to whioh the public customarily has access, is guilty of an offence. ( 6) Any person who commits an offence pursuant to sub sections (2), (3), (4) or (5) is liable on

summary conviction to a fine of nart more than $1 000 ~or the first offence and a fine of nart more than $5000 or not more than six months' imprison ment for a seoond or subsequent offence.

(7) Any person who owns and operates an adult publication store and fails to take reasonable preoautions to ensure that no minor enters therein, is guilty of an offence and is liable on sum mary -conviction to a fine of not more than $1000.

(8) Any minor who for any purpose enters an adult publica tion store or who produces any forgery or practices any deceit with the intent to gain entry to an adult publication store is guilty of an offence and liable on

summary conviction to ia fine of not more than $100. 6. This Act come into force on the day upon which it is assented to. 3 Title: 1978 (18th, 4th) Bill 206, The Adult Publications Act

Document details

Collection	Alberta — Bills
Citation	L18 S4 4391
Type	bill
Volume / chapter	L18 S4 4391
Language	en
Format	json
Source	PROVINCIAL
Identifier	6709132d6cf89aef732a6c4028fb928e32b851e1

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