O. Reg. 425/20: GENERAL
filed July 27, 2020 under Film Classification Act, 2005, S.O. 2005, c. 17
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ontario regulation 425/20
made under the
Film Classification Act, 2005
Made: July 22, 2020
Filed: July 27, 2020
Published on e-Laws: July 27, 2020
Printed in The Ontario Gazette: August 15, 2020
Amending O. Reg. 452/05
(GENERAL)
1. (1) Clause 23 (2) (c) of Ontario Regulation 452/05 is revoked and the following substituted:
(c) subject to subsection (3), the person exhibits the film only in and under the sponsorship of a public library;
(2) Section 23 of the Regulation is amended by adding the following subsection:
(5) In addition to subsection (1) and despite subsection (4),
(a) every Class A Distributor licensee is exempt from section 10 of the Act in respect of films the licensee distributes or offers to distribute under the licence to a Class A Retailer licensee; and
(b) every Class A Retailer licensee is exempt from section 10 of the Act in respect of films the licensee distributes or offers to distribute under the licence to the public.
2. The Regulation is amended by adding the following section:
Exemption from classification: film festivals, Canadian-produced films, limited exhibition films
23.1 (1) Subject to subsections (2) and (4), a person is exempt from section 10 of the Act in respect of a particular film that the person exhibits if,
(a) the person exhibits the film only at a film festival; or
(b) the film,
(i) is a Canadian-produced film, being a film that has obtained a certificate from the Canadian Audio-Visual Certification Office in respect of either the Canadian Film or Video Production Tax Credit or the Film or Video Production Services Tax Credit, or is a trailer for such a film, or
(ii) is a limited exhibition film, being a film that will be exhibited to the public at a specific premises for a maximum of 14 days, or is a trailer for such a film.
(2) An exemption under subsection (1) applies with respect to a film only if the person exhibiting the film displays the following information at the premises where the person exhibits the film, or otherwise makes it available to the public in advance of exhibiting the film:
1. Information respecting the film and its content that the person exhibiting the film reasonably determines would be relevant to persons who may intend to view the film.
2. The name and contact information of an individual to whom questions or complaints respecting the information referred to paragraph 1 may be directed.
(3) Examples of information respecting a film and its content for the purposes of paragraph 1 of subsection (2) include the following:
1. The age of the intended audience of the film.
2. Whether the film contains,
i. nudity, sexual activity or adult themes,
ii. the graphic depiction of violence involving bloodletting, torture, mutilation, or criminal activity,
iii. coarse language, sexual references or slurs, or
iv. the depiction of the use of an illegal substance, or the illegal or harmful use of alcohol, a tobacco product, a vapour product or cannabis.
(4) Despite subsection (2), if the film has previously been classified for exhibition in Ontario, the person exhibiting the film may, instead of displaying or otherwise making available the information referred to in paragraph 1 of that subsection, display or otherwise make available the classification.
(5) A film is exempt from section 10 of the Act under this section even if it is not exempt from section 10 of the Act under section 23.
(6) A requirement under this section need not be met if the film would otherwise be exempt from section 10 of the Act under section 23.
Commencement
3. This Regulation comes into force on the day it is filed.