Film Classification Act, 2005 Watson, Hon. Jim Minister of Consumer and Business Services — Bill 158 (38th Parliament, 1st Session)

Bill 158, 38-1

Ontario — Bills

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Bill 158, Film Classification Act, 2005

Watson, Hon. Jim Minister of Consumer and Business Services

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[38] Bill 158 Royal Assent (PDF)

Bill 158 2005

An Act to replace

the Theatres Act and

to amend other Acts

in respect of film

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I

INTERPRETATION AND ADMINISTRATION

Interpretation

Definitions

1. In this Act,

"classification" includes a rating; ("catégorie", "classement")

"content advisory" is a notice about the content of a film; ("indications complémentaires")

"distribute" means to distribute for direct or indirect gain, and includes to rent, lease, sell or distribute in another way prescribed; ("distribuer")

"exhibit" means to exhibit,

(

a) for direct or indirect gain, or

(

b) to the public; ("présenter")

"film" means a moving image, including an interactive moving image such as a video game, that may be generated for viewing from any thing including, but not limited to, video tapes, video discs, film or electronic files; ("film")

"Minister" means the Minister of Consumer and Business Services or such other member of the Executive Council to whom administration for this Act is assigned under the Executive Council Act ; ("ministre")

"prescribed" means prescribed by the regulations; ("prescrit")

"regulations" means the regulations made under this Act; ("règlements")

"Tribunal" means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or such other tribunal as may be prescribed. ("Tribunal")

Administration

Director and deputies

(1) The Deputy Minister shall appoint a director for the purposes of this Act and may appoint deputy directors.

Duties of deputy director

(2) A deputy director shall perform such duties as are assigned by the director and shall act as director in the director's absence.

Same

(3) Only one deputy director may act as director in the director's absence at any one time.

Registrar and deputies

(1) The Deputy Minister shall appoint a registrar for the purposes of this Act and may appoint deputy registrars.

Duties of registrar

(2) The registrar shall exercise the powers and perform the duties imposed on him or her under this Act under the supervision of the director.

Duties of deputy registrar

(3) A deputy registrar shall perform such duties as are assigned by the registrar and shall act as registrar in the registrar's absence.

Same

(4) Only one deputy registrar may act as registrar in the registrar's absence at any one time.

Director cannot be registrar and vice versa

4. No person may simultaneously be appointed as director or deputy director under subsection 2 (1) and as registrar or deputy registrar under subsection 3 (1).

PART II

FILM

Regulations re Categories, Classification, Approval and Exemptions

Categories

5. The Lieutenant Governor in Council may, by regulation, prescribe categories of film by medium, content or both.

Classification using prescribed scheme

(1) The Lieutenant Governor in Council may, by regulation,

(

a) prescribe a classification scheme that shall be used for classifying film in one or more categories of film;

(

b) designate a person or body to review and classify films in one or more categories of film using a classification scheme prescribed under clause (a);

(

c) prescribe criteria, if any, that a person or body designated under clause (

b) shall use in classifying film;

(

d) designate a person or body to hear an appeal of a classification decision made by a person or body designated under clause (b);

(

e) designate a person or body to reconsider a classification decision made by a person or body designated under clause (

b) or (

d) when the director is of the opinion that the classification should be reconsidered.

Classifications by specified body

(2) Subject to subsection (3), the Lieutenant Governor in Council may, by regulation, provide that classification decisions made by a specified person or body with respect to films in one or more categories of film are

classifications for the purposes of this Act.

Modified classifications

(3) A regulation made under subsection (2) may specify that the classifications in the classification scheme used by the person or body under subsection (2) apply with such modifications as the Lieutenant Governor in Council

considers necessary or advisable and, where a regulation makes such a specification, the classifications shall apply as modified for all purposes of this Act.

Reconsideration body

(4) The Lieutenant Governor in Council may, by regulation, designate a person or body to reconsider a classification decision made by a person or body specified under subsection (2) when the director is of the opinion that the

classification should be reconsidered.

Content advisory

(5) A person or body that classifies a film may issue a content advisory for that film.

Public access

(6) A regulation under clause (1) (

b) that designates a person or body to review and classify films shall provide for public access to the classifications and any content advisories made by the designee in a manner that the

Lieutenant Governor in Council considers appropriate.

Same

(7) A regulation under clause (1) (

d) or (

e) or subsection (4) that designates a person or body to hear an appeal of a classification decision or reconsider a classification decision shall provide for public access to the decisions

of the designee in a manner that the Lieutenant Governor in Council considers appropriate.

Same

(8) A regulation under subsection (2) that provides that classification decisions made by a specified person or body are classifications for the purposes of this Act shall provide for public access to the classification decisions and

any content advisories made by the person or body in a manner that the Lieutenant Governor in Council considers appropriate.

Approval

(1) The Lieutenant Governor in Council may, by regulation,

(

a) designate one or more categories of film for the purposes of this section;

(

b) designate a person or body to review and approve or refuse to approve films in a category designated under clause (a);

(

c) prescribe the criteria that a person or body designated under clause (

b) shall use in approving or refusing to approve films;

(

d) designate a person or body to hear an appeal of a decision made by a person or body designated under clause (

b) to refuse to approve a film;

(

e) designate a person or body to reconsider a decision to approve a film made by a person or body designated under clause (

b) or (

d) when the director is of the opinion that the decision should be reconsidered.

Public access

(2) A regulation under clause (1) (

b) that designates a person or body to review and approve or refuse to approve films shall provide for public access to the decisions of the designee in a manner that the Lieutenant Governor in

Council considers appropriate.

Same

(3) A regulation under clause (1) (

d) or (

e) that designates a person or body to hear an appeal of a non-approval decision or reconsider an approval decision shall provide for public access to the decisions of the designee in a

manner that the Lieutenant Governor in Council considers appropriate.

Exemptions

(1) The Lieutenant Governor in Council may, by regulation, designate a person or body to review a film to determine whether it is exempt under the regulations from a provision of this Act or the

regulations when the director is of the opinion that an exemption determination should be made.

Public access

(2) A regulation under subsection (1) that designates a person or body to make an exemption determination shall provide for public access to the determinations of the designee in a manner that the Lieutenant Governor in Council

considers appropriate.

Rules of designee

(1) A designee that reviews film for the purposes of clause 6 (1) (b), (

d) or (e), subsection 6 (4), clause 7 (1) (b), (

d) or (

e) or

section 8 may make rules that require a person who submits film to

the designee for a purpose under this Act to,

(

a) submit the film in one or more formats specified by the designee; and

(

b) provide any information relating to the film that the designee requests in such form as the designee specifies.

Certificate

(2) A designee under clause 6 (1) (b), (

d) or (e), subsection 6 (4) or clause 7 (1) (b), (

d) or (

e) may, on classifying or approving a film, issue a certificate that indicates the classification or approval of the film, as the case

may be.

Prohibitions

Unclassified film

(1) No person shall distribute, offer to distribute or exhibit a film unless,

(

a) the film has been classified by the appropriate person or body designated or specified under

section 6; or

(

b) an exemption under the regulations applies.

Indication of classification

(2) No person shall distribute, offer to distribute or exhibit a film that has been classified unless the classification is indicated as prescribed.

Film requiring approval

(1) No person shall distribute, offer to distribute or exhibit a film that belongs to a category of film designated under clause 7 (1) (

a) unless,

(

a) the film has been approved by the appropriate person or body designated under

section 7; or

(

b) an exemption under the regulations applies.

Indication of approval

(2) No person shall distribute, offer to distribute or exhibit a film that has been approved unless the approval is indicated as prescribed.

Restriction

12. Where a classification indicates a restriction on the distribution or exhibition of a film, no person shall distribute or exhibit a film of that classification except in accordance with the restriction unless an

exemption under the regulations applies.

Licence required

13. No person shall distribute, offer to distribute, exhibit or offer to exhibit a film unless the person holds the appropriate licence for the type of distribution or exhibition the person engages in unless an

exemption under the regulations applies.

Person's Right to Appeal Classification

or Non-Approval

Right to appeal classification

(1) Where a person has submitted a film to a person or body designated under clause 6 (1) (

b) for the purposes of reviewing and classifying film, that person may appeal the classification decision of

the designee to a person or body designated under clause 6 (1) (

d) for the purposes of hearing appeals.

No stay of decision

(2) An appeal under subsection (1) does not stay the operation of the decision under appeal.

Power of designee

(3) On an appeal under subsection (1), the designee under clause 6 (1) (

d) may confirm the classification decision or may substitute its own classification decision.

Duties of designee

(4) In making a decision on an appeal, the designee under clause 6 (1) (

d) shall,

(

a) use the classification scheme used by the person or body that made the decision under appeal; and

(

b) use the criteria, if any, that the person or body that made the decision under appeal was required to use.

New individuals

(5) No individual who participated in a classification decision that is being appealed under this

section shall participate in the appeal.

Determination final

(6) A decision made by a designee on an appeal under this

section is final, subject to the right of the director to require a reconsideration under

section 16.

Right to appeal non-approval

(1) Where a person has submitted a film to a person or body designated under clause 7 (1) (

b) for the purposes of reviewing and approving or refusing to approve films, that person may appeal a decision

of the designee to refuse to approve the film to a person or body designated under clause 7 (1) (

d) for the purposes of hearing appeals.

No stay of decision

Document details

Collection	Ontario — Bills
Citation	Bill 158, 38-1
Type	bill
Volume / chapter	p38 s1 bill 158 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	bafb76038f7528394afe0efae93e66599ba988f1

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