Amusements Regulations

N.S. Reg. 90/2005

Nova Scotia — Regulations

Amusements Regulations

N.S. Reg. 90/2005

Nova Scotia — Regulations

This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Theatres and Amusements Regulations

made under

Section 4 of the

Theatres and Amusements Act

R.S.N.S. 1989, c. 466

O.I.C. 2005-164 (April 22, 2005), N.S. Reg. 90/2005

as amended to O.I.C. 2026-49 (effective February 17, 2026), N.S. Reg. 48/2026

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Expiration and transfer of licenses

Films

Prohibition of film

General character of film to be considered

Application of Sections 7 to 12

Submission of film for examination

Film classification scheme

Captions attached to classification

Certificate for classified film

No changes to classified film

Advertising to include classification and captions

Video Games

Video-game outlet to comply with age restrictions

Exemptions from

Section 6A of the Act

Theatres

Theatre license required

Classes of theatre licenses

Issue and renewal of theatre licenses

Failure to comply with order of Fire Marshal or fire official

Theatre license displayed at entrance

Theatre license produced to inspector or peace officer

Copy of regulations available to public at theatre

Prohibitions for prohibited or unclassified film

Notice of film classification and age restrictions

Age restrictions for attending films

Theatre owner to ensure age restrictions complied with

No “Restricted” or “Adult” films exhibited at drive-in theatres

Equipment restrictions for drive-in theatres

Film Exchanges

Classes of film exchange licenses

Exemption from Sections 19 and 20 of the Act

Issue and renewal of film exchange licenses

Film exchange license produced to inspector or peace officer

Prohibitions for prohibited or unclassified films

Classification included in list of films

Film exchange age restrictions

Display of material depicting sex or nudity

Schedule A: Fees

Table 1 - Licensing Fees

Table 2 - Examination Fees

Citation

1 These regulations may be cited as the Theatres and Amusements Regulations .

Definitions

2 In these regulations,

(a) “Act” means the Theatres and Amusements Act ;

(b) “film exchange” means a film distributor or a film retailer;

(c) “film distributor” means a person who sells, leases, rents, exchanges or

distributes film

(

i) for the purposes of public exhibition in a theatre, or

(ii) to a film retailer;

(d) “film retailer” means a person who sells, leases, rents, exchanges or

distributes film to the public, and includes a video outlet and a video-game

outlet;

(e) “fire official” means a fire official as defined in the Fire Safety Act while

acting as authorized under that Act;

(f) “Fire Marshal” means the person appointed as the Fire Marshal under the

Fire Safety Act ;

(g) [repealed]

(h) [repealed]

(i) “video outlet” means a retail establishment that sells, leases, rents,

exchanges or distributes film to the public for consideration for use in a

video cassette recorder, video disc player or similar device.

Expiration and transfer of licenses

(1) Except as otherwise required by the Act, a license issued or renewed under these

regulations expires 3 years from the date that it is issued or renewed.

(2) A license issued or renewed under these regulations is not transferable.

Films

Prohibition of film

4 The following are the criteria for prohibiting a film, performance or amusement under

subsection 5(2) of the Act:

(

a) it contains a graphic or prolonged scene of violence, torture, crime, cruelty,

horror or human degradation;

(

b) it contains a scene of physical abuse or humiliation of a human being for the

purposes of sexual gratification or as being pleasing to the victim;

(

c) it contains a scene of explicit and exploitive sexual activity involving a

person who is under 18 years of age or who is intended to represent a

person under 18 years of age; or

(

d) it contains a scene depicting, in an explicit manner, indignities to a human

body or an animal in an explicit manner.

General character of film to be considered

(1) In exercising the Minister’s powers under subsection 5(2) of the Act, the Minister

must take into account the general character of the film.

(2) When classifying a film, a film classifier must take into account the general

character of the film.

Application of Sections 7 to 12

6 Sections 7 to 12 apply only to films other than video games.

Submission of film for examination

(1) A film exchange or theatre owner may submit a film, together with the required

fee, to the Minister for examination and

(

a) a decision on whether the display, exhibition, sale, lease, rental, exchange or

distribution of the film is permitted or prohibited; and

(

b) classification of the film if the display, exhibition, sale, lease, rental,

exchange or distribution of the film is permitted.

(2) The fee for examining a film under subsection (1) is as set out in

Schedule A.

(3) The Minister may waive the examination fee required by subsection (2) if a film

has been submitted

(

a) on behalf of a film society;

(

b) for the purposes of a limited performance;

(

c) for the purposes of a film festival; or

(

d) in connection with a charitable, educational, religious, community or

cultural event.

Film classification scheme

(1) When classifying a film under subsection 5(5) or clause 5(6)(

a) of the Act, a film

classifier must give the film a classification in accordance with the suitability of the

film for a particular age group and the corresponding classification as set out in the

following table:

Classification

Abbreviation

Age Group Suitability

General

Film is suitable for viewers of all ages.

Parental Guidance

Film is not suitable for all children and

parental guidance is therefore advised for

younger viewers.

14 Accompaniment

14A

Film is not suitable for all viewers under

14 years of age.

18 Accompaniment

18A

Film is not suitable for all viewers under

18 years of age.

Restricted

Film is not suitable for viewers under 18

years of age.

Adult

Film is not suitable for viewers under 18

years of age because the sole or primary

premise for the film is the depiction of

explicit sexual activity, graphic nudity or

graphic violence.

(2) The criteria used to assess the suitability of a film for a particular age group include

the following:

(

a) the degree, frequency and intensity of coarse language in the film, as well as

the context in which it is used;

(

b) the degree, frequency and intensity of violence in the film;

(

c) the degree, frequency and intensity of nudity in the film;

(

d) the degree, frequency and intensity of sexual references, sexually suggestive

scenes or scenes of sexual activity in the film;

(

e) the degree, frequency and intensity of frightening or horrific scenes in the

film;

(

f) the maturity level required for the intended psychological or emotional

impact of the film.

(3) A film that is classified as “Adult Accompaniment” on the day before these

regulations come into force is deemed to be classified as “14 Accompaniment” on

the day these regulations come into force.

(4) A film that is classified as “Explicit Material” on the day before these regulations

come into force is deemed to be classified as “Adult” on the day these regulations

come into force.

Captions attached to classification

9 When classifying a film under subsection 5(5) or clause 5(6)(

a) of the Act, a film

classifier may attach one or more descriptive captions to the film’s classification.

Certificate for classified film

10 After a film has been classified, the Minister must issue a certificate for the film that

specifies the film’s classification and any captions attached to the classification.

No changes to classified film

11 A person must not change a film, either by removing from it or adding to it, after it has

been classified except for removing defective parts of a film to ensure the safe operation

of the film.

Advertising to include classification and captions

12 When a film is advertised by a theatre owner or film exchange, the theatre owner or film

exchange must ensure that the film’s classification and any captions attached to the

film’s classification are prominently displayed in the advertisement.

Video Games

Video-game outlet to comply with age restrictions

(1) A video-game outlet or employee or agent of a video-game outlet must not sell,

lease, rent, exchange, distribute or otherwise make available any video game

classified as “Teen” by the Entertainment Software Rating Board to a person who

is under 13 years of age.

(2) A video-game outlet or employee or agent of a video-game outlet must not sell,

lease, rent, exchange, distribute or otherwise make available any video game

classified as “Mature” by the Entertainment Software Rating Board to a person

who is under 17 years of age.

(3) A video-game outlet or employee or agent of a video-game outlet must not sell,

lease, rent, exchange, distribute or otherwise make available any video game

classified as “Adult Only” by the Entertainment Software Rating Board to a person

who is under 18 years of age.

Exemptions from

Section 6A of the Act

Section 6A of the Act does not apply to the following classes of video games:

(

a) a video game that is made available solely for use in a place of amusement;

(

b) an educational video game.

Theatres

Theatre license required

15 A person must not operate a theatre unless the person holds a valid theatre license for

that theatre.

Classes of theatre licenses

(1) There are 2 classes of theatre licenses, as follows:

(

a) a Class A theatre license, which authorizes the holder to operate a theatre

other than a drive-in theatre;

(

b) a Class B theatre license, which authorizes the holder to operate a drive-in

theatre.

(2) A theatre license held by a person on the day before these regulations come into

force is deemed to be a Class A theatre license and remains valid until its expiry

date.

(3) A drive-in theatre license held by a person on the day before these regulations

come into force is deemed to be a Class B theatre license and remains valid until

its expiry date.

Issue and renewal of theatre licenses

(1) The Minister may issue or renew a theatre license.

(2) The fee for issuing or renewing a theatre license is as set out in

Schedule A.

(3) An application for a theatre license or a renewal of a theatre license must be in the

form prescribed by the Minister.

(4) The Minister must not issue a theatre license until the Fire Marshal or a fire official

inspects the theatre and determines that the theatre is in compliance with the Fire

Safety Act , the Building Code Act and any regulations made under those Acts.

(5) The Minister must not renew a theatre license until the Fire Marshal or a fire

official determines that the theatre is in compliance with the Fire Safety Act , the

Building Code Act and any regulations made under those Acts.

Failure to comply with order of Fire Marshal or fire official

(1) The Minister may suspend or revoke a theatre owner’s theatre license if the

Minister is advised by the Fire Marshal or a fire official that the theatre owner has

failed to comply with an order of the Fire Marshal or a fire official.

(2) A theatre license that is suspended under subsection (1) remains suspended until

the Fire Marshal or a fire official advises the Minister that the theatre owner has

complied with the order.

Theatre license displayed at entrance

19 A theatre owner must display their theatre license at the entrance to the theatre.

Theatre license produced to inspector or peace officer

20 A theatre owner must produce their theatre license to an inspector or to a peace officer

upon request.

Copy of regulations available to public at theatre

21 A theatre owner must keep a copy of these regulations in the theatre and must make it

available to the public upon request.

Prohibitions for prohibited or unclassified film

(1) A theatre owner must not exhibit a film that is prohibited by the Minister.

(2) A theatre owner must not exhibit a film unless the film is classified in accordance

with these regulations.

Notice of film classification and age restrictions

(1) A theatre owner must display a film’s classification and any captions attached to

the classification in a place at the theatre where they can be seen by the public

before they pay for admission.

(2) A theatre owner must display a sign at the theatre box office, and any other place,

where admission tickets are sold, that sets out the age restrictions for each

classification of film being shown at that theatre.

(3) A theatre owner must ensure that a website through which admission tickets are

sold

(

a) displays a film’s classification and any captions attached to the classification

where they can be seen by the public before they pay for admission

electronically through the website, directly or indirectly; and

(

b) sets out the age restrictions for each classification of film being shown at a

theatre for which tickets are sold.

(4) A theatre owner must ensure that a purchaser of admission tickets is notified of a

film’s classification and any captions attached to the classification before they pay

for admission by telephone.

Age restrictions for attending films

(1) A person who is under 14 years of age must not attend a film that is classified as

“14 Accompaniment” unless the person is accompanied by a person who is 19

years of age or older.

(2) A person who is under 14 years of age must not attend a film that is classified as

“18 Accompaniment”.

(3) A person who is between 14 and 17 years of age must not attend a film that is

classified as “18 Accompaniment” unless the person is accompanied by a person

who is 19 years of age or older.

(4) A person who is under 18 years of age must not attend a film that is classified as

“Restricted” or “Adult”.

Theatre owner to ensure age restrictions complied with

(1) A theatre owner must not permit a person who is under 14 years of age to attend a

film classified as “14 Accompaniment” unless the person is accompanied by a

person who is 19 years of age or older.

(2) A theatre owner must not permit a person who is under 14 years of age to attend a

film classified as “18 Accompaniment”.

(3) A theatre owner must not permit a person who is between 14 and 17 years of age

to attend a film classified as “18 Accompaniment” unless the person is

accompanied by a person who is 19 years of age or older.

(4) A theatre owner must not permit a person who is under 18 years of age to attend a

film classified as “Restricted” or “Adult”.

No “Restricted” or “Adult” films exhibited at drive-in theatres

26 A theatre owner must not exhibit a film that is classified as “Restricted” or “Adult” in a

drive-in theatre.

Equipment restrictions for drive-in theatres

27 A theatre owner must ensure that

(

a) a central loudspeaker is not used at a drive-in theatre; and

(

b) a screen tower is not placed so that a projection on the screen is visible from

a highway.

Film Exchanges

Classes of film exchange licenses

28 There are 2 classes of film exchange licenses, as follows:

(a) [repealed]

(

b) a Class B film exchange license, which is issued to a film distributor other

than a film distributor dealing only in video games; and

(

c) a Class C film exchange license, which is issued to a film distributor dealing

only in video games.

Exemption from Sections 19 and 20 of the Act

28A Sections 19 and 20 of the Act do not apply to a film retailer.

Issue and renewal of film exchange licenses

(1) The Minister may issue or renew a film exchange license.

(2) The fee for issuing or renewing a film exchange license is as set out in

Schedule A.

(3) An application for a film exchange license or renewal of a film exchange license

must be in the form prescribed by the Minister.

Film exchange license produced to inspector or peace officer

30 The holder of a film exchange license must produce their film exchange license to an

inspector or to a peace officer upon request.

Prohibitions for prohibited or unclassified films

(1) A film exchange must not sell, lease, rent, exchange or distribute a film that is

prohibited by the Minister.

(2) A film exchange must not sell, lease, rent, exchange or distribute a film unless the

film is classified in accordance with these regulations.

Classification included in list of films

32 A film retailer must indicate the classification of each film and any captions attached to

the classification in any list of films that is made available to its customers.

Film exchange age restrictions

33 A film exchange must not sell, lease, rent, exchange or distribute

(

a) a film classified as “14 Accompaniment” to a person who is under 14 years

of age unless the person is accompanied by a person who is 19 years of age

or older;

(

b) a film classified as “18 Accompaniment” to a person who is under 14 years

of age;

(

c) a film classified as “18 Accompaniment” to a person between 14 and 17

years of age unless the person is accompanied by a person who is 19 years

of age or older; or

(

d) a film classified as “Restricted” or “Adult” to a person who is under 18

years of age.

Display of material depicting sex or nudity

34 A film retailer must ensure that all film containers, printed materials or film

advertisements depicting graphic sex or full frontal nudity are

(

a) displayed at a height of more than 1.8288 m (72 in.) above the floor;

(

b) placed behind a barrier that covers the depiction, except for the title of the

film;

(

c) placed in a separate room that is not accessed by persons who are under 18

years of age; or

(

d) displayed in a binder that is not accessed by persons who are under 18 years

of age.

Schedule A: Fees

Table 1 - Licensing Fees

Licence

Initial Fee

Renewal Fee

Class A theatre licence

$398.15

$398.15

Class B theatre licence (drive-in theatre)

$199.00

$199.00

Class B film exchange licence (film distributor)

$1393.30

$1393.30

Class C film exchange licence (film distributor

dealing only in video games)

$696.50

$696.50

Table 2 - Examination Fees

Film Submitted

Examination Fee

Theatrical release

$3.95/minute

Film for home use not previously examined or

classified–Adult films and prohibited films

$3.95/minute

Film for home use not previously examined or

classified–other than Adult films and prohibited

films

$39.80/film

Legislative History

Reference Tables

Theatres and Amusements Regulations

N.S. Reg.

90/2005

Theatres and Amusements Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Theatres and Amusements Regulations made

under the Theatres and Amusements Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

90/2005

Apr

22, 2005

date

specified

May

13, 2005

134/2011

Apr 1,

date

specified

Apr

15, 2011

180/2012

Sep

25, 2012

date

specified

Oct 5,

161/2013

Apr 1,

date

specified

Apr

12, 2013

162/2015

Apr 1,

date

specified

Apr 8,

343/2015

Oct

22, 2015

date

specified

Nov

13, 2015

259/2016

Dec

13, 2016

date

specified

Jan 6,

48/2026

Feb

17, 2026

date

specified

Mar 6,

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

2(g), defn . of “ race track ” ................

rep. 48/2026

2(h), defn . of “track

operator” ..........

rep. 48/2026

4 ........................................................

am. 180/2012

5 ........................................................

rs . 180/2012

8(1) ...................................................

am. 180/2012

9–10 ..................................................

am. 180/2012

20 ......................................................

am. 180/2012

22(2) .................................................

am. 180/2012

28 ......................................................

am. 259/2016

28(a) ............................................

rep. 259/2016

28A ...................................................

ad. 259/2016

30 ......................................................

am. 180/2012

31(2) .................................................

am. 180/2012

35 ......................................................

rep. 180/2012

36–40 ................................................

rep. 343/2015

41 ......................................................

am. 180/2012

rep. 343/2015

42 ......................................................

rep. 343/2015

43 ......................................................

rep. 48/2026

Schedule A .......................................

fc. 134/2011, 161/2013, 162/2015

Sch A, Table 1–Licensing Fees ..

am. 343/2015, 259/2016

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

18/1956

Regulations respecting theatres and amusements

Feb 2, 1956

Apr 22, 2005

27/1984

Regulations respecting film exchanges

Jun 1, 1984

Apr 22, 2005

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.

Document details

CollectionNova Scotia — Regulations
CitationN.S. Reg. 90/2005
Date2005-01-01
Typeregulation
Volume / chapterjust regulations regs taregs.htm
Languageen
Formathtm
SourcePROVINCIAL
Identifier89b4192745321f70487213bc9c008217e69e99a7

Source file is stored in the law ingest library (htm).