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ontario regulation 325/19

made under the

Film Classification Act, 2005

Made: September 19, 2019
Filed: October 1, 2019
Published on e-Laws: October 2, 2019
Printed in The Ontario Gazette: October 19, 2019

Amending O. Reg. 452/05

(GENERAL)

1. Subsection 1 (1) of Ontario Regulation 452/05 is amended by adding the following definitions:

“Consumer Protection BC” means the Business Practices and Consumer Protection Authority established under the Business Practices and Consumer Protection Authority Act (British Columbia); (“Consumer Protection BC”)

“transition date” means the day Ontario Regulation 325/19 made under the Act came into force; (“date de transition”)

2. Sections 3 to 5 of the Regulation are revoked and the following substituted:

Classification

Classification by Consumer Protection BC

3. (1) Consumer Protection BC is designated to review and classify films for the purposes of the Act, other than video games that the Software Board has classified.

(2) The classifications and the classification system used by Consumer Protection BC apply for all purposes of the Act, except respecting,

(a) video games that the Software Board has classified; and

(b) adult sex films.

(3) 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 higher than the classification of the film.

3. Sections 7 to 10 of the Regulation are revoked and the following substituted:

Classification of adult sex films

7. (1) Each entity that is authorized to review and classify films under the laws of a province of Canada is designated to review and classify adult sex films for the purposes of the Act, other than video games that the Software Board has classified.

(2) The classifications and the classification system used by the entity apply for all purposes of the Act in respect of an adult sex film classified by the entity.

Approval

Adult sex films

8. (1) Films of the category “adult sex film” are designated for the purposes of section 7 of the Act.

(2) Each entity that is authorized to approve adult sex films under the laws of a province of Canada is designated to review and approve, or to refuse to approve, adult sex films.

4. Section 15 of the Regulation is amended by adding the following subsection:

(1.1) A licence issued prior to the transition date that remains valid on the transition date expires on the day two years after the day specified in the licence, despite subsection (1), unless the registrar suspends, revokes or cancels it in accordance with the Act.

5. Section 17 of the Regulation is revoked and the following substituted:

Labelling of films for distribution

17. (1) No person shall distribute or offer to distribute a film classified on or after January 1, 2006 other than an approved film 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.

(2) No person shall distribute or offer to distribute an approved film unless a notice indicating the approval of the film is affixed to the exterior container or appears on it.

6. Subsection 18 (1) of the Regulation is amended by adding “and” at the end of clause (a) and by revoking clauses (c) and (d).

7. Section 19 of the Regulation is revoked and the following substituted:

Advertising of films for exhibition

19. 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; and

(b) any content advisory issued for the film by Consumer Protection BC.

8. (1) Subsection 20 (2) of the Regulation is revoked and the following substituted:

(2) The sign shall indicate,

(a) the classification of the film; and

(b) any content advisory issued for the film by Consumer Protection BC.

(2) Subsection 20 (4) of the Regulation is revoked.

9. Section 21 of the Regulation is revoked and the following substituted:

Certificate to be kept by exhibitor

21. A licensee who exhibits a film shall keep on the premises where the film is exhibited such evidence of the classification of the film as may be available to the licensee.

10. Section 22 of the Regulation is amended by striking out “The Film Board” at the beginning and substituting “The director”.

11. Clause 23 (3) (a) of the Regulation is amended by adding “Consumer Protection BC or” at the beginning.

12. Section 25 of the Regulation is revoked.

13. (1) Subsection 26 (1) of the Regulation is amended by adding “or” at the end of clause (b) and by revoking clause (c).

(2) Subsection 26 (2) of the Regulation is revoked.

14. Section 27 of the Regulation is revoked and the following substituted:

Transition

27. (1) A classification made or continued under this Regulation before or on the transition date is continued and prevails over a classification made by Consumer Protection BC.

(2) An approval of an adult sex film made or continued under this Regulation before or on the transition date is continued.

(3) A film submitted to the Film Board before or on the transition date for classification or approval may be reviewed, classified and approved by the Film Board, in accordance with this Regulation as it read immediately before the transition date. The classification prevails over a classification made by Consumer Protection BC or by another entity that is authorized to review and classify films under the laws of a province of Canada.

(4) In the case of a film classified by the Film Board, for the purposes of clauses 19 (b) and 20 (2) (b), what must be indicated is any content advisory issued for the film by the Film Board, rather than by Consumer Protection BC.

15. Schedule 1 to the Regulation is revoked.

Commencement

16. This Regulation comes into force on the day it is filed.

 

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