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Volume 46, No. 15

B.C. Reg. 296/2003

The British Columbia Gazette,

Part II

July 29, 2003

B.C. Reg. 296/2003, deposited July 25, 2003, pursuant to the PUBLIC SAFETY AND SOLICITOR GENERAL STATUTES AMENDMENT ACT [Section 58], the MOTION PICTURE ACT [Section 14] and the SUPPLEMENT TO THE MOTION PICTURE ACT [Section 2]. Order in Council 768/2003, approved and ordered July 24, 2003.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that effective August 1, 2003,

1 Sections 39 (

b) to 43, those parts of

section 44 that enact

section 12.1 and 12.2,

section 45 (a), those parts of

section 45 (

b) that enact

section 14 (2) (l), and

section 57 of the

Public Safety and Solicitor General Statutes Amendment Act, 2002 , S.B.C. 2002, c. 52, are brought into force by this regulation.

Section 1 of the Supplement to the Motion Picture Act , R.S.B.C. 1996, c. 314 is brought into force by this regulation.

3 The Motion Picture Act Regulations , B.C. Reg. 260/86, is amended as set out in the attached Schedule. — R. COLEMAN , Minister Responsible for Public Safety and Solicitor General; M. R. COELL , Presiding Member of the Executive Council.

Schedule

1 The Motion Picture Act Regulations, B.C. Reg. 260/86, is amended by adding the following section:

Prescribed circumstances and purposes

2.1 For the purposes of

section 2 (6) of the Act, the exhibition of a motion picture for educational purposes by a university, college or other educational institution subject to the

University Act , the College and Institute Act , the School Act or the

Independent School Act are prescribed circumstances and purposes in respect of which

section 2 does not apply.

Section 6 is repealed.

3 The following

section is added:

Reconsiderations by the director

(1) A licensee, an applicant for a licence or an applicant for an exemption may request the director to reconsider a decision or order made under the Act or these regulations, or a seizure under

section 12 (2) or (3) of the Act.

(2) A request under subsection (1) must

(

a) be in writing and in a form acceptable to the director, and

(

b) be delivered to the director within 30 days from the date of notification by the director of the decision or order or the seizure.

(3) The director may refuse to reconsider a decision, order or seizure if, in the opinion of the director, the request for reconsideration is frivolous, vexatious or made in bad faith.

(4) The director may extend the 30 day period in which to submit a request for reconsideration in subsection (2) (

b) if, in the opinion of the director, extenuating circumstances prevented submission of the request within the 30 days.

(5) The fee for a reconsideration is $100 and must accompany the request for reconsideration.

(6) If a reconsideration has been commenced, the person who is requesting a reconsideration of a decision or order may apply to the director for an order that the decision or order not take effect until the outcome of the reconsideration.

(7) The director may make an order under subsection (6) if the director considers that special circumstances exist.

(8) For the purpose of reconsidering a decision, order or seizure the director may consider new information.

(9) After reconsidering a decision, order or seizure under the Act or these regulations the director may

(

a) confirm the original decision, order or seizure,

(

b) vary the original decision, order or seizure, including the effective date of the original decision or order,

(

c) substitute a new decision or order for the original decision or order,

(

d) overturn the original decision, order or seizure, or

(

e) refer the original decision or order back to the original decision maker.

(10) The director's reconsideration decision must

(

a) be in writing, and

(

b) include or be followed by reasons.

4 Form 2 is repealed.

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