Film Classification Act, 2005
ONTARIO REGULATION 452/05
No Amendments
GENERAL
Historical version for the period July 29, 2005 to August 30, 2005.
Note: This Regulation comes into force on August 31, 2005. See: O. Reg. 452/05, s. 29.
This is the English version of a bilingual regulation.
CONTENTS
Definitions and interpretation | |
Categories | |
Classification by Film Board | |
Certificate of classification | |
Appeal | |
Classification by Software Board | |
Reconsideration for non-adult sex films | |
Adult sex films | |
Appeal | |
Reconsideration | |
Classes | |
Application for licence | |
Disentitlement to licence | |
Notice of Tribunal’s order | |
Term of licence | |
Conditions of licences | |
Labelling of films for distribution | |
Records for adult sex films | |
Advertising of films for exhibition | |
Signs for films for exhibition | |
Certificate to be kept with film | |
Exemption determination | |
Exemption from classification | |
Exemption from licence | |
Public access to information | |
Service | |
Transition | |
Classification symbols | |
Definitions and Interpretation
Definitions and interpretation
“adult sex film” means a film that has, as its main object, the depiction of explicit sexual activity; (“film à caractère sexuel pour adultes”)
“cassette” means the physical structure that contains a film and includes a video tape, video disk, or other similar thing; (“cassette”)
“exterior container” means the packaging that is designed or intended to contain a cassette of a film for display purposes; (“jaquette”)
“Film Board” means the Ontario Film Review Board; (“Commission cinématographique”)
“film festival” means an event that is held for the purpose of the appreciation of film as an art form, that is held not more than twice in a year for a period of no more than 14 days and that is organized by a corporation that,
(a) does not have gain for any of its objects,
(b) has a board of directors composed of members of the community that the event intends to serve, and
(c) receives funds to support the event from a municipal, provincial or federal government in Canada; (“festival de films”)
“public art gallery” means a corporation that has as its primary objective the collection, preservation, interpretation or exhibition of works in the visual arts and that,
(a) does not have gain for any of its objects,
(b) has a board of directors composed of members of the community that the gallery intends to serve,
(c) has been incorporated for at least one year or has been exhibiting film for at least one year,
(d) receives funds to support its primary objective from a municipal, provincial or federal government in Canada, and
(e) has fixed premises from which it conducts its activities; (“musée d’art public”)
“public library” means a public library established or continued under the Public Libraries Act; (“bibliothèque publique”)
“school” means a private school and a school within the meaning of subsection 1 (1) of the Education Act and includes a College of Applied Arts and Technology and a post-secondary educational institution; (“établissement d’enseignement”)
“Software Board” means the Entertainment Software Rating Board; (“Commission des logiciels de loisirs”)
“trailer” means a film that is used for advertising purposes in connection with the distribution or exhibition of another film; (“bande-annonce”)
“video game” means a film in the format of an interactive game of skill, dexterity or knowledge where the player of the game varies the nature or sequence of the visual images by operating the device producing the images, which device may include a computer, a gaming system, a console or other technology. (“jeu vidéo”) O. Reg. 452/05, s. 1 (1).
(2) In the Act and this Regulation,
“licence” means a licence issued for the purposes of section 13 of the Act; (“permis”)
“licensee” means the holder of a licence; (“titulaire de permis”)
“offer to distribute”, as a verb, includes to expose for distribution, to have in possession for distribution and to make available for distribution, and as a noun has a corresponding meaning. (“offrir de distribuer”) O. Reg. 452/05, s. 1 (2).
(3) In the absence of evidence to the contrary, a film is presumed to be an adult sex film if there are words, images or a combination of them on the cassette or exterior container of the film that would lead a reasonable person to believe that the film is an adult sex film. O. Reg. 452/05, s. 1 (3).
(4) A payment-based amusement device producing interactive digital images that can be varied by the person operating the device, a device that is commonly known as an arcade game, is exempted from the definition of “film” in section 1 of the Act. O. Reg. 452/05, s. 1 (4).
Categories
2. The following categories of film are prescribed:
1. Adult sex films.
2. Video games.
3. Films other than adult sex films and video games. O. Reg. 452/05, s. 2.
Classification by Film Board
3. (1) The Film Board is designated to review and classify films, other than video games that the Software Board has classified. O. Reg. 452/05, s. 3 (1).
(2) The Film Board shall not review and classify an adult sex film if a person other than a Class B Distributor licensee submits it to the Board for review and classification. O. Reg. 452/05, s. 3 (2).
(3) A person who under this section submits a film to the Film Board for classification shall pay the fee that the Minister orders. O. Reg. 452/05, s. 3 (3).
(4) A panel of the Film Board composed of the number of members whom the chair specifies may do the review and classification. O. Reg. 452/05, s. 3 (4).
(5) The following are the classifications for all films classified by the Film Board:
1. “General”, “Général” or “G”.
2. “Parental Guidance”, “Surveillance parentale recommandée” or “PG”.
3. “14A”.
4. “18A”.
5. “Restricted”, “Réservé aux adultes” or “R”. O. Reg. 452/05, s. 3 (5).
(6) A film classified as “General”, “Général” or “G” is one that is appropriate for viewing by a person of any age. O. Reg. 452/05, s. 3 (6).
(7) A film classified as “Parental Guidance”, “Surveillance parentale recommandée” or “PG” is one where parents should exercise discretion in permitting a child to view. O. Reg. 452/05, s. 3 (7).
(8) A film classified as “14A” shall not be exhibited except to persons 14 years of age or older or to persons younger than 14 years of age who are accompanied by an adult. O. Reg. 452/05, s. 3 (8).
(9) A film classified as “18A” shall not be distributed except to persons 18 years of age or older and shall not be exhibited except to persons 18 years of age or older or to persons younger than 18 years of age who are accompanied by an adult. O. Reg. 452/05, s. 3 (9).
(10) A film classified as “Restricted”, “Réservé aux adultes” or “R” shall not be distributed or exhibited except to persons 18 years of age or older. O. Reg. 452/05, s. 3 (10).
(11) The Film Board may classify a film on the basis of documentation, without reviewing the film, if,
(a) the film is to be exhibited for a limited period of time or at a specified premises;
(b) the film is to be exhibited only at a film festival, in and under the sponsorship of a public library or at the fixed premises occupied by a public art gallery;
(c) the film promotes political goals or religious practices or beliefs;
(d) the film is ordinarily intended for viewing by all children;
(e) the film consists of a record of a concert, a theatrical stage production or a cultural, sporting or athletic event;
(f) the film has previously been transmitted in a manner capable of being received in Ontario by home receptors in the version that it was transmitted;
(g) the film is designed to provide information, education or instruction;
(h) the film is designed for the purpose of advertising, demonstrating or instructing in the use of products or services and is not a trailer; or
(i) the film has previously been classified and includes portions of film added to the film since it was classified and the documentation identifies and describes the added portions. O. Reg. 452/05, s. 3 (11).
(12) If a film is classified under clause (11) (a) or (b), the exhibition of the film is restricted to the period of time and the premises that the Film Board specifies in the certificate of classification of the film issued under subsection 4 (1). O. Reg. 452/05, s. 3 (12).
(13) The classification of a trailer is subject to the restriction that no person shall exhibit the trailer with another film if the classification of the trailer is described in a paragraph of subsection (5) with a higher number than the paragraph of that subsection that describes the classification of the film. O. Reg. 452/05, s. 3 (13).
(14) The classification of a film made under the Theatres Act before the day that section 51 of the Film Classification Act, 2005 comes into force is continued under the latter Act except that a film classified as “adult accompaniment” before that day is continued as the classification “14A” under the latter Act. O. Reg. 452/05, s. 3 (14).
Certificate of classification
4. (1) On classifying a film under section 3, the Film Board shall issue a certificate of classification of the film to the person who submitted the film for classification. O. Reg. 452/05, s. 4 (1).
(2) If the film is an adult sex film that the Film Board has approved under section 8, the certificate of classification shall indicate that the Board has approved the film. O. Reg. 452/05, s. 4 (2).
(3) The Film Board shall issue a copy of a certificate of classification for a film to a person who submitted the film for classification and who pays the fee that the Minister orders. O. Reg. 452/05, s. 4 (3).
Appeal
5. (1) The Film Board is designated to hear an appeal of a classification decision with respect to a film, other than a video game that the Software Board has classified. O. Reg. 452/05, s. 5 (1).
(2) To appeal a classification decision, a person shall, within 14 days of receiving a certificate of classification of the film,
(a) resubmit the film to the Film Board;
(b) give the Board a written notice of appeal or make an oral request of appeal to the Board; and
(c) pay the fee that the Minister orders. O. Reg. 452/05, s. 5 (2).
(3) The Film Board may require that the appellant provide the Board with written or oral grounds for the appeal. O. Reg. 452/05, s. 5 (3).
(4) A panel of the Film Board composed of the number of members that the chair specifies, which shall be no fewer than three, may hear the appeal. O. Reg. 452/05, s. 5 (4).
(5) The Film Board may allow the appellant to make and respond to submissions orally, in writing or through whatever other means the Board specifies. O. Reg. 452/05, s. 5 (5).
(6) On deciding the appeal, the Film Board shall,
(a) issue a new certificate of classification that complies with section 4 to the appellant, if the Board changed the classification on the appeal; or
(b) give a notice of decision to the appellant, if the Board did not change the classification on the appeal. O. Reg. 452/05, s. 5 (6).
Classification by Software Board
6. (1) The classification decisions that the Software Board has made for video games that are not adult sex films are classifications for the purposes of the Act. O. Reg. 452/05, s. 6 (1).
(2) A video game that the Software Board has classified as “Mature” shall not be distributed or exhibited except to persons 17 years of age or older. O. Reg. 452/05, s. 6 (2).
(3) A video game that the Software Board has classified as “Adults Only” shall not be distributed or exhibited except to persons 18 years of age or older. O. Reg. 452/05, s. 6 (3).
Reconsideration for non-adult sex films
7. (1) The Film Board is designated to reconsider a classification decision with respect to a film that is not an adult sex film if the director is of the opinion that the classification should be reconsidered. O. Reg. 452/05, s. 7 (1).
(2) A panel of the Film Board composed of the number of members that the chair specifies, which shall be no fewer than three, may reconsider the classification decision. O. Reg. 452/05, s. 7 (2).
(3) On deciding a reconsideration, the Film Board shall,
(a) give a written notice of the decision to the director and to the person who submitted the film to the Board for classification; and
(b) issue a new certificate of classification that complies with section 4 to the person, if the Board changed the classification on the reconsideration. O. Reg. 452/05, s. 7 (3).
Adult sex films
8. (1) Films of the category “adult sex film” are designated for the purposes of section 7 of the Act. O. Reg. 452/05, s. 8 (1).
(2) The Film Board is designated to review and approve or to refuse to approve adult sex films. O. Reg. 452/05, s. 8 (2).
(3) A panel of the Film Board composed of the number of members that the chair specifies may review and approve or refuse to approve a film under this section. O. Reg. 452/05, s. 8 (3).
(4) For the purposes of clause 7 (1) (c) of the Act, in exercising its powers to review and approve or refuse to approve a film under this section, the Film Board shall consider the film in its entirety, take into account the general character of the film and consider whether the film includes a depiction of,
(a) explicit sexual activity coupled with violence;
(b) explicit sexual activity that is degrading or dehumanizing; or
(c) a person who is under the age of 18 years or is intended to represent someone under that age and the person appears,
(i) nude or partially nude in a sexually suggestive context, or
(ii) in a scene of explicit sexual activity. O. Reg. 452/05, s. 8 (4).
(5) The Film Board shall approve a film under this section if it does not include a depiction described in subsection (4) and may refuse to approve a film under this section if it includes such a depiction. O. Reg. 452/05, s. 8 (5).
(6) On refusing to approve a film, the Film Board shall give notice of the decision to the person who submitted the film for approval and the Board shall not classify the film. O. Reg. 452/05, s. 8 (6).
(7) On approving a film, the Film Board shall retain a copy of the film and forward the film to the director. O. Reg. 452/05, s. 8 (7).
(8) At the time that the director considers appropriate, the director may destroy or dispose of films that the director receives under subsection (7). O. Reg. 452/05, s. 8 (8).
(9) The director may retain, for the time that the director considers appropriate, all films that the Director under the Theatres Act was retaining under that Act on the day section 51 of the Film Classification Act, 2005 comes into force and may destroy or dispose of the films after that time. O. Reg. 452/05, s. 8 (9).
(10) An adult sex film that was approved under the Theatres Act before the day that section 51 of the Film Classification Act, 2005 comes into force shall be deemed to be approved under this section. O. Reg. 452/05, s. 8 (10).
Appeal
9. (1) The Film Board is designated to hear an appeal of an approval decision with respect to a film. O. Reg. 452/05, s. 9 (1).
(2) To appeal an approval decision, a person shall, within 14 days of receiving notice of the decision,
(a) resubmit the film to the Film Board;
(b) give the Board a written notice of appeal or make an oral request of appeal to the Board; and
(c) pay the fee that the Minister orders. O. Reg. 452/05, s. 9 (2).
(3) The Film Board may require that the appellant provide the Board with written or oral grounds for the appeal. O. Reg. 452/05, s. 9 (3).
(4) A panel of the Film Board composed of the number of members that the chair specifies, which shall be no fewer than three, may hear the appeal. O. Reg. 452/05, s. 9 (4).
(5) The Film Board may allow the appellant to make and respond to submissions orally, in writing or through whatever other means the Board specifies. O. Reg. 452/05, s. 9 (5).
(6) On deciding the appeal, the Film Board shall give a notice of decision to the appellant. O. Reg. 452/05, s. 9 (6).
Reconsideration
10. (1) The Film Board is designated to reconsider an approval decision with respect to a film if the director is of the opinion that the decision should be reconsidered. O. Reg. 452/05, s. 10 (1).
(2) A panel of the Film Board composed of the number of members that the chair specifies, which shall be no fewer than three, may make the reconsideration. O. Reg. 452/05, s. 10 (2).
(3) On making the reconsideration, the Film Board shall give a notice of decision to the director. O. Reg. 452/05, s. 10 (3).
Classes
11. (1) The following classes of licences are established:
1. Class A Exhibitor.
2. Class B Exhibitor.
3. Class C Exhibitor.
4. Class A Distributor.
5. Class B Distributor.
6. Class A Retailer.
7. Class B Retailer. O. Reg. 452/05, s. 11 (1).
(2) A Class A Exhibitor licence authorizes the licensee to exhibit or offer to exhibit films, other than adult sex films, at the premises specified in the licence. O. Reg. 452/05, s. 11 (2).
(3) A Class B Exhibitor licence authorizes the licensee to exhibit or offer to exhibit adult sex films at the premises specified in the licence. O. Reg. 452/05, s. 11 (3).
(4) A Class C Exhibitor licence authorizes the licensee to exhibit or offer to exhibit films, other than adult sex films, at premises, commonly known as a drive-in theatre, where the public views the films from vehicles. O. Reg. 452/05, s. 11 (4).
(5) A Class A Distributor licence authorizes the licensee to distribute or offer to distribute films, other than adult sex films, to other persons for the purposes of distributing or exhibiting the films. O. Reg. 452/05, s. 11 (5).
(6) A Class B Distributor licence authorizes the licensee to distribute or offer to distribute,
(a) films, other than adult sex films, to other persons for the purposes of distributing or exhibiting the films; or
(b) adult sex films only to a Class B Exhibitor licensee, a Class B Distributor licensee or a Class B Retailer licensee. O. Reg. 452/05, s. 11 (6).
(7) A Class A Retailer licence authorizes the licensee to distribute or offer to distribute films, other than adult sex films, to the public. O. Reg. 452/05, s. 11 (7).
(8) A Class B Retailer licensee shall not distribute or offer to distribute an adult sex film unless the licensee has obtained it from a Class B Distributor licensee. O. Reg. 452/05, s. 11 (8).
(9) A Class B Retailer licence authorizes the licensee to distribute or offer to distribute films, including adult sex films, to the public. O. Reg. 452/05, s. 11 (9).
(10) A licence issued under the Theatres Act that is specified in Column 1 of the following Table and that was in force immediately before section 51 of the Film Classification Act, 2005 comes into force is continued as a licence that is specified in Column 2 of the Table opposite it under the latter Act:
TABLE
Column 1 |
Column 2 |
Licence issued under the Theatres Act |
Licence issued under the Film Classification Act, 2005 |
Class A theatre licence |
Class A and B Exhibitor licence |
Class B theatre licence |
Class A and B Exhibitor licence |
Class C theatre licence |
Class C Exhibitor licence |
Film exchange — distributor licence as defined in Regulation 1031 made under the Act |
Class B Distributor licence |
Film exchange — retailer licence as defined in Regulation 1031 made under the Act |
Class B Retailer licence |
O. Reg. 452/05, s. 11 (10).
Application for licence
12. (1) An application for a licence or a renewal of a licence shall be accompanied by the fee that the Minister orders under clause 46 (1) (f) of the Act. O. Reg. 452/05, s. 12 (1).
(2) For the purposes of subsection 18 (2) of the Act, an applicant for the issuance or renewal of a licence who is an individual must be at least 18 years of age. O. Reg. 452/05, s. 12 (2).
(3) If the Director, on a hearing under subsection 6 (1) or section 12, 14, 41, 44 or 52 of the Theatres Act, has not made a decision to issue or refuse to issue or renew a licence or to suspend or cancel a licence by the day on which section 51 of the Film Classification Act, 2005 comes into force, those provisions of the Theatres Act, as applicable, continue to apply to the film until the time that the Director makes a decision under them. O. Reg. 452/05, s. 12 (3).
Disentitlement to licence
13. (1) The following persons are prescribed for the purposes of clause 19 (1) (d) of the Act:
1. A person who is an interested person in respect of the applicant.
2. A person who, alone or together with another person, at any time has a direct or indirect controlling interest in the applicant. O. Reg. 452/05, s. 13 (1).
(2) For the purposes of this section, a person shall be deemed to be an interested person in respect of another person if, in the opinion of the registrar,
(a) the person has or may have a beneficial interest in the other person’s business;
(b) the person exercises or may exercise control either directly or indirectly over the other person; or
(c) the person has provided or may have provided financing either directly or indirectly to the other person’s business. O. Reg. 452/05, s. 13 (2).
(3) In determining whether a person or a person together with another person has a controlling interest in an applicant that is a corporation, the total number of equity shares of the corporation that are beneficially owned or controlled shall be calculated as the total number of all shares that are beneficially owned or controlled but each share that carries the right to more than one vote shall be calculated as the number of shares equalling the total number of votes that it carries. O. Reg. 452/05, s. 13 (3).
Notice of Tribunal’s order
14. On making an order with respect to a licence under subsection 23 (6) of the Act, the Tribunal shall give a copy of its order to the person who requested the hearing before the Tribunal and to the registrar. O. Reg. 452/05, s. 14.
Term of licence
15. (1) A licence expires on the day specified in the licence unless the registrar suspends, revokes or cancels it in accordance with the Act. O. Reg. 452/05, s. 15 (1).
(2) The time prescribed for the purposes of subsection 26 (2) of the Act is the time period of two weeks from the day specified in a licence for the expiration of the licence. O. Reg. 452/05, s. 15 (2).
Conditions of licences
16. (1) A licence is subject to the conditions set out in this section. O. Reg. 452/05, s. 16 (1).
(2) A licensee shall not carry on a business with respect to films under a name other than the name appearing on the licence. O. Reg. 452/05, s. 16 (2).
(3) A licensee shall not carry on a business with respect to films at more than one premises in Ontario unless the licensee obtains a separate licence for each premises and each licence is valid only for the premises specified in the licence. O. Reg. 452/05, s. 16 (3).
(4) A licensee who does not carry on a business with respect to films at premises in Ontario shall maintain a permanent address for service in Ontario. O. Reg. 452/05, s. 16 (4).
(5) A licensee who carries on a business with respect to films through a website shall state the licence number and the class of the licence on the website. O. Reg. 452/05, s. 16 (5).
(6) A licensee shall notify the registrar, in the form and manner that the registrar specifies, within at least five days of making a change in the information contained in the licensee’s application for a licence or a renewal of a licence. O. Reg. 452/05, s. 16 (6).
Labelling of films for distribution
17. (1) No person shall distribute or offer to distribute a film classified on or after January 1, 2006, including a film whose classification the Film Board has reconsidered after that day but not including a film approved or deemed to be approved under section 8 or a film distributed for the purpose of exhibition only, unless the cassette or exterior container of the film indicates the classification of the film. O. Reg. 452/05, s. 17 (1).
(2) If the film is not a video game, the indication of the classification of the film required under subsection (1) shall,
(a) be done using the symbol set out in Schedule 1 that corresponds to the classification of the film; or
(b) be in the form authorized by the Canadian Home Video Rating System. O. Reg. 452/05, s. 17 (2).
(3) If the film is a video game that the Film Board has classified, the indication of the classification of the film required under subsection (1) shall be done using the symbol set out in Schedule 1 that corresponds to the classification of the film. O. Reg. 452/05, s. 17 (3).
(4) The symbol required by clause (2) (a) or subsection (3) shall be the symbol in English and, if the person who distributes or offers to distribute the film so wishes, may also be the symbol in French. O. Reg. 452/05, s. 17 (4).
(5) No person shall distribute or offer to distribute a film approved or deemed to be approved under section 8 unless a sticker that includes the classification and approval of the film and that is issued by the director or in a form approved by the director is affixed to,
(a) the exterior container; and
(b) the cassette, unless the director is of the opinion that affixing the sticker would cause damage to the film or the Film Board approved the film before August 31, 2005. O. Reg. 452/05, s. 17 (5).
(6) If, for the purposes of subsection (5), the person distributing or offering to distribute the film uses a sticker that the director has issued, the person shall pay the fee that the Minister orders. O. Reg. 452/05, s. 17 (6).
(7) No person shall distribute or offer to distribute a film approved or deemed to be approved under section 8 that has affixed to it or the exterior container of it a sticker relating to another film. O. Reg. 452/05, s. 17 (7).
(8) The sticker that is affixed to the exterior container of a film approved or deemed to be approved under section 8 shall be in a conspicuous place on the outside of the container and under shrink wrapping, if any. O. Reg. 452/05, s. 17 (8).
(9) No person, other than the Class B Distributor licensee who submitted the film to the Film Board for classification and approval, its agent authorized in writing or a person designated by the registrar, shall purchase and affix an adult sex film sticker described in subsection (5) to a film approved or deemed to be approved under section 8. O. Reg. 452/05, s. 17 (9).
(10) A Class A or B Retailer licensee may not be an agent of a Class B Distributor licensee for the purposes of subsection (9). O. Reg. 452/05, s. 17 (10).
(11) No person shall affix an adult sex film sticker to a film that has not received classification and approval. O. Reg. 452/05, s. 17 (11).
(12) If the licence of a Class B Distributor licensee expires or if the registrar refuses to renew the licence or suspends, revokes or cancels it, the licensee shall return all unused adult sex film stickers in its possession to the registrar or, at the request of an inspector, to the inspector. O. Reg. 452/05, s. 17 (12).
Records for adult sex films
18. (1) A Class B Distributor licensee shall maintain a record that includes an inventory of all adult sex films that the licensee distributes or offers to distribute including,
(a) the name and licence number of the licensee;
(b) the title of each film;
(c) the issuance number, if any, of the certificate of classification issued for each film under subsection 4 (1); and
(d) the batch numbers of the adult sex film stickers that the licensee has obtained for the purpose of affixing them to films. O. Reg. 452/05, s. 18 (1).
(2) A Class B Retailer licensee shall maintain a record that includes an inventory of all adult sex films that the licensee distributes or offers to distribute including,
(a) the name and licence number of the licensee;
(b) the title of each film;
(c) the number of copies of each film; and
(d) the name and licence number of the Class B Distributor licensee from whom the licensee obtained the film. O. Reg. 452/05, s. 18 (2).
(3) A licensee who is required to keep records under this section shall,
(a) keep them at the premises specified on the licence or, if the registrar specifies another premises, at that premises; and
(b) make them available for inspection and copying by an inspector during regular business hours at the address shown for the premises described in clause (a). O. Reg. 452/05, s. 18 (3).
(4) A licensee may maintain the records required under this section by means of an electronic device if a paper copy of the records can be readily produced for inspection and copying. O. Reg. 452/05, s. 18 (4).
Advertising of films for exhibition
19. (1) Every person who displays or otherwise uses advertising matter, except a trailer, in connection with the exhibition of a film shall indicate on the advertising,
(a) the classification of the film;
(b) the symbol set out in Schedule 1 that corresponds to the classification of the film; and
(c) if the Film Board has issued a content advisory for the film under subsection 6 (5) of the Act, the content advisory. O. Reg. 452/05, s. 19 (1).
(2) The symbol required by clause (1) (b) shall be the symbol in English and, if the person who uses advertising matter in connection with the exhibition of the film so wishes, may also be the symbol in French. O. Reg. 452/05, s. 19 (2).
Signs for films for exhibition
20. (1) A Class A, Class B or Class C Exhibitor licensee that exhibits a film, other than a trailer, shall display a sign at all times in a conspicuous place at the principal entrance to the premises where the licensee exhibits the film. O. Reg. 452/05, s. 20 (1).
(2) The sign shall indicate,
(a) the classification of the film;
(b) the symbol set out in Schedule 1 that corresponds to the classification of the film; and
(c) if the Film Board has issued a content advisory for the film under subsection 6 (5) of the Act, the content advisory. O. Reg. 452/05, s. 20 (2).
(3) The sign shall be in English and, if the person who exhibits the film so wishes, may also be in French. O. Reg. 452/05, s. 20 (3).
(4) The symbol required by clause (2) (b) shall be the symbol in English and, if the person who exhibits the film so wishes, may also be the symbol in French. O. Reg. 452/05, s. 20 (4).
Certificate to be kept with film
21. A licensee who exhibits a film shall ensure that the certificate of classification for the film issued under subsection 4 (1) or a copy of the certificate issued under subsection 4 (3) is kept with the film. O. Reg. 452/05, s. 21.
Exemption determination
22. The Film Board is designated to review a film to determine whether it is exempt from a provision of the Act or the regulations if the director is of the opinion that an exemption determination should be made. O. Reg. 452/05, s. 22.
Exemption from classification
23. (1) A person is exempt from section 10 of the Act in respect of a particular film that the person distributes or offers to distribute if the film,
(a) promotes political goals or religious practices or beliefs;
(b) consists of animated images ordinarily intended for viewing by all children;
(c) consists of a record of an event or occasion provided to a person participating in the event or occasion;
(d) has previously been transmitted in a manner capable of being received in Ontario by home receptors without the use of satellite dishes, electronic descramblers or other devices used for the same purpose in the version that it was transmitted;
(e) is distributed only to a hospital or medical practitioner for use in medical education or treatment;
(f) is distributed only to a school for educational purposes;
(g) is distributed only to a public library;
(h) is designed to provide information, education or instruction and is not a film described in clause (e), (f) or (g);
(i) is designed for the purpose of advertising, demonstrating or instructing in the use of products or services and is not a trailer; or
(j) is a video game that the Software Board has not classified. O. Reg. 452/05, s. 23 (1).
(2) A person is exempt from section 10 of the Act in respect of a particular film that the person exhibits if,
(a) the film is an integral part of a concert, a theatrical stage production or a cultural, sporting or athletic event;
(b) the film is a transmission of a live concert, a live theatrical stage production or a live cultural, sporting, athletic or other similar type of event;
(c) subject to subsection (3), the person exhibits the film only at a film festival or in and under the sponsorship of a public library;
(d) subject to subsection (3), a public art gallery exhibits the film only at the fixed premises occupied by the gallery;
(e) the film is designed to provide information, education or instruction;
(f) the film is designed for the purpose of advertising, demonstrating or instructing in the use of products or services and is not a trailer;
(g) the film is transmitted to a private residence or premises for rented sleeping accommodation and is received only at the residence or premises; or
(h) the film is a video game that the Software Board has not classified. O. Reg. 452/05, s. 23 (2).
(3) Clauses (2) (c) and (d) do not apply if,
(a) the Film Board has previously classified the film;
(b) a sign is not displayed at the principal entrance to the premises where the film is being exhibited that indicates that persons under the age of 18 years are not permitted on the premises; or
(c) a person apparently under the age of 18 years is present at the exhibition. O. Reg. 452/05, s. 23 (3).
(4) Despite anything in clause (1) (a), (b), (h), (i) or (j) or (2) (a), (b), (e), (f), (g) or (h), a person is not exempt from section 10 of the Act in respect of a particular film that the person distributes, offers to distribute or exhibits if the film,
(a) contains the graphic depiction of violence involving bloodletting, torture, mutilation, or criminal activity;
(b) contains a scene of intense horror;
(c) contains the explicit depiction of urination, defecation or vomiting;
(d) contains a scene depicting the taking of a drug or other illegal substance in a manner that encourages its unlawful use;
(e) contains coarse language;
(f) advocates terrorism or hatred based on a prohibited ground of discrimination under Part I of the Human Rights Code;
(g) contains a scene where an animal has been abused in the making of the film;
(h) contains a scene depicting the genital organs of a person;
(i) contains the depiction of explicit sexual activity;
(j) contains the depiction of the physical abuse or humiliation of human beings for purposes of sexual gratification or as pleasing to the victim; or
(k) contains a scene where a person who is or is intended to represent a person under the age of 18 years appears nude or partially nude in a sexually suggestive context. O. Reg. 452/05, s. 23 (4).
Exemption from licence
24. (1) A person is exempt from section 13 of the Act if,
(a) the person distributes or offers to distribute fewer than 50 films;
(b) none of the films that the person distributes or offers to distribute are adult sex films; and
(c) the distribution of films is ancillary to the person’s main business. O. Reg. 452/05, s. 24 (1).
(2) A person is exempt from section 13 of the Act if the person exhibits or offers to exhibit,
(a) a film that is an integral part of a concert, a theatrical stage production or a sporting or athletic event;
(b) a film that is a transmission of a live concert, a live theatrical stage production or a live cultural, sporting, athletic or other similar type of event;
(c) a film at a film festival or in and under the sponsorship of a public library;
(d) a film, other than an adult sex film, at premises not regularly used for exhibiting films that are required to be classified; or
(e) a film that is transmitted to a private residence or premises for rented sleeping accommodation and that is received only at the residence or premises. O. Reg. 452/05, s. 24 (2).
(3) A person is exempt from section 13 of the Act if the person distributes, offers to distribute, exhibits or offers to exhibit no films other than films that,
(a) are designed to provide information, education or instruction;
(b) are designed for the purpose of advertising, demonstrating or instructing in the use of commercial or industrial products or services;
(c) are video games; or
(d) have previously been transmitted in a manner capable of being received in Ontario by home receptors without the use of satellite dishes, electronic descramblers or other devices used for the same purpose in the version that it was transmitted. O. Reg. 452/05, s. 24 (3).
(4) A public art gallery or public library that distributes or exhibits film as part of the activity of the gallery or library is exempt from section 13 of the Act. O. Reg. 452/05, s. 24 (4).
Public access to information
25. (1) On issuing a certificate of classification of a film, the Film Board shall post information regarding the classification on the Internet. O. Reg. 452/05, s. 25 (1).
(2) On issuing a content advisory for a film, the Film Board shall post information regarding the content advisory on the Internet. O. Reg. 452/05, s. 25 (2).
(3) On giving a written notice of decision on a reconsideration under clause 7 (3) (a), the Film Board shall post a copy of the notice on the Internet. O. Reg. 452/05, s. 25 (3).
(4) The registrar shall post on the Internet information about licensees, including the names and business names of all licensees and, for each licence issued or renewed, the address and licence number indicated on the licence. O. Reg. 452/05, s. 25 (4).
Service
26. (1) Any notice, written request, order or document that, under the Act or this Regulation, is given to a person or body or that is served on a person or body is sufficiently given or served if it is,
(a) delivered personally;
(b) sent by registered mail;
(c) sent by ordinary mail, fax or any other electronic means, if it is a notice, written request, order or document described in subsection (2); or
(d) sent by another manner if the sender can prove receipt of the notice, request, order or document, as the case may be. O. Reg. 452/05, s. 26 (1).
(2) Clause (1) (c) applies to,
(a) a certificate of classification of a film issued under subsection 4 (1);
(b) a written notice of appeal of a classification decision given under clause 5 (2) (b);
(c) a new certificate of classification of a film issued under clause 5 (6) (a);
(d) a notice of decision of an appeal of a classification decision given under clause 5 (6) (b);
(e) a written notice of decision of a reconsideration under clause 7 (3) (a);
(f) a notice of decision to refuse to approve a film given under subsection 8 (6);
(g) a written notice of appeal of an approval decision given under clause 9 (2) (b); or
(h) a notice of decision of an appeal given under subsection 9 (6). O. Reg. 452/05, s. 26 (2).
(3) If service is made by registered mail, the service shall be deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice, request, order or document until a later date. O. Reg. 452/05, s. 26 (3).
Transition
27. (1) An order of an inspector under subsection 4 (3) of the Theatres Act is continued as an order of an inspector under subsection 28 (1) of the Film Classification Act, 2005. O. Reg. 452/05, s. 27 (1).
(2) A warrant issued to an inspector under subsection 4 (6) of the Theatres Act is continued as a warrant issued to an inspector under subsection 29 (1) of the Film Classification Act, 2005. O. Reg. 452/05, s. 27 (2).
(3) If a judge of the Superior Court of Justice has not made a decision on an appeal under section 54 of the Theatres Act by the day on which section 51 of the Film Classification Act, 2005 comes into force, the Theatres Act continues to apply to the appeal until the judge makes a decision on it. O. Reg. 452/05, s. 27 (3).
28. Omitted (revokes other Regulations). O. Reg. 452/05, s. 28.
29. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 452/05, s. 29.
SCHEDULE 1
CLASSIFICATION SYMBOLS
O. Reg. 452/05, Sched. 1.