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THEATRES ACT

R.S.O. 1990, CHAPTER T.6

 

Amended by: 1993, c. 27, Sched.; 1994, c. 27, s. 61; 1998, c. 18, Sched. E, ss. 269-288; 2000, c. 26, Sched. B, s. 19; 2001, c. 9, Sched. D, ss. 13, 14; 2002, c. 17, Sched. F, Table.

 

CONTENTS

 

 

1.

Definitions

2.

Director

3.

Board

4.

Inspectors

5.

Returns to be made to Director

6.

Powers of Director

7.

Obstruction of inspector

8.

Power of entry

9.

Issue, renewal, suspension, etc., of licences

 

THEATRES

 

10.

Classification of theatres

11.

Theatre licence required

12.

Application for licence

13.

Application for renewal

14.

Refusal to renew, suspension or cancellation

15.

Display of licence

16.

Municipal licence

17.

Duty of licensee, etc.

18.

Repealed

19.

Age restrictions on persons attending theatres

20.

Repealed

21.

National anthem

22.

Prohibiting construction of theatre near church

 

APPROVAL OF FILMS AND ADVERTISING

 

23.

Repealed

24.

Repealed

25.

Repealed

26.

Repealed

27.

Repealed

28.

Repealed

29.

Repealed

30.

Repealed

31.

Repealed

32.

Repealed

33.

Approval of film

34.

Reconsideration of film by Board

35.

Indication of approval

36.

Submission for approval

37.

Exhibition of film

38.

Alteration of film

39.

Repealed

 

FILM EXCHANGES

 

40.

Film exchange licence

41.

Application for licence

42.

Renewal of licence

43.

Transfer of licence

44.

Refusal to renew, suspension or cancellation

45.

Distribution of standard film

46.

Repealed

47.

Distribution of films

48.

Repealed

49.

Repealed

 

MISCELLANEOUS LICENCES

 

50.

Repealed

51.

Licence to exhibit standard film elsewhere than in theatre

52.

Refusal to issue and cancellation

 

APPEAL

 

53.

Suspension period limited

54.

Appeal to judge

55.

Appeal to court

56.

Effect of appeal on suspension, etc.

57.

Amendment of suspension, etc., by Minister

57.1

Power of Minister

 

OFFENCE

 

58.

Offence

59.

Certificate by Director

 

REGULATIONS

 

60.

Regulations

 

Definitions

1.  In this Act,

"Board" means the Ontario Film Review Board referred to in section 3; ("Commission")

"Director" means the Director appointed under this Act; ("directeur")

"distribute" means distribute for direct or indirect gain and includes rent, lease and sell; ("distribuer")

"exhibit", when used in respect of film or moving pictures, means to show film for viewing for direct or indirect gain or for viewing by the public and "exhibition" has a corresponding meaning; ("projeter", "projection")

"film" means cinematographic film, videotape and any other medium from which may be produced visual images that may be viewed as moving pictures and includes film that is used for advertising purposes; ("film")

"film depot" means any building or premises in which film is assembled for shipment; ("centre d'entreposage de films")

"film exchange" means the business of distributing film; ("centre de distribution de films")

"inspector" means an inspector appointed under this Act; ("inspecteur")

"Minister" means the minister responsible for the administration of this Act; ("ministre")

"projection equipment" or "projector" means the equipment necessary or used for the transducing from a film to moving images, including equipment for accompanying sound; ("appareils de projection", "projecteur")

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

"standard film" means cinematographic film of 35 millimetres or more in width. ("film standard") R.S.O. 1990, c. T.6, s. 1; 1998, c. 18, Sched. E, s. 269; 2000, c. 26, Sched. B, s. 19 (1, 2).

Director

2.  (1)  The Deputy Minister may appoint a person as the Director to administer and enforce this Act and the regulations. 1998, c. 18, Sched. E, s. 270.

Powers

(2)  The Director has all the powers of an inspector. 1998, c. 18, Sched. E, s. 270.

Assistant Director

(3)  The Deputy Minister may appoint an Assistant Director who shall act as Director in the absence of the Director or when so instructed to act by the Director. 1998, c. 18, Sched. E, s. 270.

Powers

(4)  When acting as the Director, an Assistant Director has all the powers of the Director. 1998, c. 18, Sched. E, s. 270.

Board

3.  (1)  The Ontario Film Review Board is continued under the name Ontario Film Review Board in English and Commission de contrôle cinématographique de l'Ontario in French and shall consist of a chair of the Board and such other persons as the Lieutenant Governor in Council may appoint. R.S.O. 1990, c. T.6, s. 3 (1).

Chair, vice-chair

(2)  The Lieutenant Governor in Council may designate one member of the Board as chair and one or more members of the Board as a vice-chair. R.S.O. 1990, c. T.6, s. 3 (2).

Annual report

(3)  The chair of the Board shall provide the Minister with an annual report on the activities of the Board. R.S.O. 1990, c. T.6, s. 3 (3).

Idem

(4)  Upon receiving a report under subsection (3), the Minister shall forthwith lay the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. T.6, s. 3 (4).

Remuneration

(5)  The members of the Board shall be paid such remuneration and expenses as may be fixed by the Lieutenant Governor in Council. R.S.O. 1990, c. T.6, s. 3 (5).

Chair

(6)  The chair of the Board shall have general supervision and direction over the conduct of the affairs of the Board. R.S.O. 1990, c. T.6, s. 3 (6).

Powers

(7)  The Board has power,

(a) subject to the regulations, to approve, prohibit and regulate the exhibition and distribution of film in Ontario;

(b) when authorized by the person submitting film for approval, to remove from the film any portion that it does not approve of for exhibition or distribution;

(c) subject to the regulations, to approve, prohibit or regulate advertising in Ontario in connection with any film or the exhibition or distribution thereof;

(d) to classify films in accordance with the classifications prescribed by the regulations;

(e) to carry out its duties under this Act and the regulations. R.S.O. 1990, c. T.6, s. 3 (7); 2000, c. 26, Sched. B, s. 19 (3).

Idem

(8)  The Board may designate one or more of its members to exercise the powers of the Board under clause (7) (c). R.S.O. 1990, c. T.6, s. 3 (8).

Classifications prescribed by regulations

(9)  Films may be classified in accordance with the classifications prescribed by the regulations. 2000, c. 26, Sched. B, s. 19 (4).

(10)  Repealed: 2000, c. 26, Sched. B, s. 19 (4).

Application

(11)  The Statutory Powers Procedure Act does not apply to decisions made by the Board. R.S.O. 1990, c. T.6, s. 3 (11); 1994, c. 27, s. 61.

Inspectors

4.  (1)  The Director may appoint inspectors to carry out such duties as may be assigned to them by this Act or the regulations. R.S.O. 1990, c. T.6, s. 4 (1); 1998, c. 18, Sched. E, s. 271.

Powers and duty

(2)  It is the duty of an inspector and the inspector has power,

(a) to inspect, at reasonable times, theatres, any other premises where film is exhibited and business premises occupied by film exchanges to ensure that this Act and the regulations are complied with;

(b) Repealed: 2000, c. 26, Sched. B, s. 19 (5).

(c) by written order, to prohibit the use or exhibition of any film that the inspector believes, on reasonable and probable grounds, is not safe to use or exhibit;

(d) by written order, to prohibit the use of a projector that the inspector believes, on reasonable and probable grounds, was operated contrary to this Act or the regulations;

(e) subject to subsection (5), in the performance of a duty, to enter any theatre or other premises in which film is exhibited or that is occupied by a film exchange. R.S.O. 1990, c. T.6, s. 4 (2); 2000, c. 26, Sched. B, s. 19 (5).

Order to hand over

(3)  Where, on reasonable and probable grounds, an inspector believes that a projector was operated or a film or advertising was exhibited, used or offered for distribution contrary to this Act or the regulations, the inspector may, by written order, direct that the projector, film or advertising, as the case may be, be turned over to the inspector. R.S.O. 1990, c. T.6, s. 4 (3).

Order to retain

(4)  Where an order under subsection (3) is not complied with immediately, the inspector may, by written order, direct that the subject-matter of the order not be removed from the premises, destroyed or altered in any manner for a period of ten days except under lawful authority. R.S.O. 1990, c. T.6, s. 4 (4).

Power to enter restricted

(5)  The powers set out in clauses (2) (a) and (e) do not permit an inspector,

(a) to enter any place actually being used as a dwelling without the consent of the occupier; or

(b) to use force in the exercise of a power of entry and inspection,

except under the authority of a warrant. R.S.O. 1990, c. T.6, s. 4 (5).

Warrant

(6)  Where, upon an application made without notice by an inspector, a justice of the peace is satisfied by information, under oath,

(a) that there is reasonable ground for believing that it is necessary to enter a particular building or premises for the administration of this Act or the regulations and,

(i) a reasonable, unsuccessful effort to effect entry without the use of force has been made, or

(ii) there is reasonable ground for belief that entry would be denied without a warrant; or

(b) that an order issued under subsection (3) has not been complied with,

the justice of the peace may issue a warrant authorizing an inspector, with such police officers as are required to assist, to enter the building premises and to take any action that an inspector may take under this Act and to remove and hold any projector that the inspector believes, on reasonable and probable grounds, was operated or any film or advertising that the inspector believes, on reasonable or probable grounds, was exhibited, used or offered for distribution contrary to this Act or the regulations, and to use such force as may be necessary. R.S.O. 1990, c. T.6, s. 4 (6).

Idem

(7)  A justice of the peace shall not issue a warrant under subsection (6) to enter any place actually being used as a dwelling unless the inspector satisfies the justice of the peace, under oath, that he or she has reasonable grounds to believe the place is used as a business premises occupied by a film exchange. R.S.O. 1990, c. T.6, s. 4 (7).

Limitation

(8)  An entry under a warrant may be made only between sunrise and sunset unless the warrant specifies otherwise. R.S.O. 1990, c. T.6, s. 4 (8).

Identification

(9)  The Deputy Minister of Consumer and Business Services shall issue a certificate of appointment to every inspector appointed under this Act which certificate shall contain a photograph of the inspector. R.S.O. 1990, c. T.6, s. 4 (9); 2001, c. 9, Sched. D, s. 13.

Idem

(10)  Every inspector, while exercising any powers or performing any duties under this Act, shall produce a certificate of appointment upon request. R.S.O. 1990, c. T.6, s. 4 (10).

Returns to be made to Director

5.  The Director may require any person possessing or having control of films that have been approved by the Board to make a return to the Director showing the number and names of such films and any other information he or she may require. R.S.O. 1990, c. T.6, s. 5.

Powers of Director

Cancellation, etc., of licence

6.  (1)  Non-compliance with an order issued under this Act directed to a licensee under this Act or contravention of a term or condition of a licence is grounds for which the Director may, after a hearing, refuse to renew or suspend or cancel the licence of the person to whom the order was directed or, in the case of a contravention of a term or condition, the licensee. R.S.O. 1990, c. T.6, s. 6 (1).

Review of inspector's order

(2)  Any person to whom an inspector has issued an order or who claims an interest in any projector, film or advertising turned over to or removed by an inspector may, within ten days after the issue of the order or after removal, apply to the Director for a review of the order or release of the projector, film or advertising and the Director may, after a hearing, confirm, vary or annul the order of the inspector or direct the release of the projector, film or advertising. R.S.O. 1990, c. T.6, s. 6 (2).

Forfeiture of projector, etc.

(3)  Where a projector, film or advertising has been turned over to or removed by an inspector,

(a) if no application for a review of the removal is made to the Director within ten days after the removal; or

(b) if the Director finds after a hearing that the projector, film or advertising was installed, used, distributed, offered for distribution or exhibited in contravention of this Act or the regulations,

the Director may, subject to appeal, direct that the projector, film or advertising is forfeited to the Crown. R.S.O. 1990, c. T.6, s. 6 (3).

Obstruction of inspector

7.  No person shall obstruct the Director, Assistant Director, a member of the Board or an inspector in the performance of his or her duties or furnish him or her with false information. R.S.O. 1990, c. T.6, s. 7.

Power of entry

8.  (1)  Every police officer in the performance of his or her duties may enter any theatre during an exhibition or performance. R.S.O. 1990, c. T.6, s. 8 (1).

Fire Marshal, etc.

(2)  The Fire Marshal, Deputy Fire Marshal and every district deputy fire marshal, inspector or assistant to the Fire Marshal, appointed or designated under the Fire Marshals Act, may enter and inspect any theatre. R.S.O. 1990, c. T.6, s. 8 (2).

Issue, renewal, suspension, etc., of licences

9.  (1)  All licences and renewals, suspensions or cancellations thereof under this Act shall be issued or made by the Director. R.S.O. 1990, c. T.6, s. 9 (1).

Continuation of licences pending renewal

(2)  Where, within the time prescribed therefor or, if no time is prescribed, before expiry of the licence, a licensee has applied for renewal of a licence and paid the required fee, the licence shall be deemed to continue,

(a) until the renewal is granted; or

(b) where the licensee is served with notice of a hearing by the Director, until the decision of the Director has become final. R.S.O. 1990, c. T.6, s. 9 (2); 1998, c. 18, Sched. E, s. 272.

Notice of hearing

(3)  Where, under this Act, the Director is authorized to refuse to renew or to suspend or cancel a licence after a hearing, the notice of the hearing shall contain a statement of the facts or conduct which the Director believes warrant the intended action and shall afford to the licensee a reasonable opportunity to show or to achieve compliance before such hearing with all lawful requirements for the issue or retention of the licence. R.S.O. 1990, c. T.6, s. 9 (3).

Examination of documentary evidence

(4)  The Director shall afford to an applicant or licensee who will be affected by a decision pursuant to a hearing, or a representative of the applicant or licensee, an opportunity to examine, before such hearing, any written or documentary evidence that will be introduced or any report the contents of which will be given in evidence at the hearing. R.S.O. 1990, c. T.6, s. 9 (4).

THEATRES

Classification of theatres

10.  Theatres are classified and defined as follows:

1. Class A theatre means premises in which standard film is used to exhibit moving pictures.

2. Class B theatre means premises used primarily for the exhibition of film other than standard film.

3. Class C theatre means any premises in which film is exhibited and viewed by the public from vehicles and commonly known as a drive-in theatre. R.S.O. 1990, c. T.6, s. 10.

Theatre licence required

11.  No person shall use any premises as a Class A, B or C theatre without an appropriate licence therefor under this Act. R.S.O. 1990, c. T.6, s. 11.

Application for licence

12.  (1)  Subject to subsection (2), an applicant for a theatre licence is entitled, upon submitting a completed application and on payment of the required fee, to be granted a theatre licence for the class of theatre prescribed by this Act applicable to the building in which the theatre is located, or the premises in which the films are exhibited. R.S.O. 1990, c. T.6, s. 12 (1); 1998, c. 18, Sched. E, s. 273.

Refusal to issue licence

(2)  The Director may, after a hearing, refuse to issue a theatre licence to an applicant therefor if,

(a) a theatre licence was previously issued to the applicant under this Act and such licence is suspended or such licence was cancelled and the grounds for such cancellation continue to exist;

(b) the theatre or the building in which the theatre is located or the premises in which films are exhibited do not conform to the requirements of this Act and the regulations; or

(c) the applicant is a corporation and the past conduct of an officer, director or shareholder affords reasonable grounds for belief that the applicant will not comply with this Act and the regulations in operating the theatre. R.S.O. 1990, c. T.6, s. 12 (2).

Application for renewal

13.  Subject to section 14, the holder of a theatre licence is entitled to a renewal thereof upon application therefor and payment of the required fee. R.S.O. 1990, c. T.6, s. 13; 1998, c. 18, Sched. E, s. 274.

Refusal to renew, suspension or cancellation

14.  (1)  The Director may, after a hearing, refuse to renew, or suspend or cancel a theatre licence,

(a) if the licensee, manager or person in charge of the theatre has contravened this Act or the regulations and the conduct of the licensee, manager or person raises a reasonable doubt as to whether the licensee, manager or person will comply with this Act and the regulations in operating the theatre; or

(b) if the theatre, or the building in which the theatre is located or the premises in which the films are exhibited do not conform to the requirements of this Act and the regulations. R.S.O. 1990, c. T.6, s. 14 (1).

Provisional suspension

(2)  The Director may provisionally suspend a theatre licence if he or she believes on reasonable grounds that the theatre cannot be safely operated as a theatre and shall immediately give notice of such provisional suspension to the licensee, manager or person in charge of the theatre. R.S.O. 1990, c. T.6, s. 14 (2).

Hearing may be required

(3)  Where the Director has provisionally suspended a theatre licence under subsection (2), if the licensee,

(a) within ten days after receiving notice of the provisional suspension requests the Director to hold a hearing, the Director shall hold a hearing and may thereafter revoke the provisional suspension or, if he or she finds that the theatre cannot be safely operated, may suspend or cancel the licence; or

(b) does not request the Director to hold a hearing within ten days after receiving notice of the provisional suspension, the Director may cancel the licence and no new licence in place of it shall be issued until such time as the Director finds, on application of the licensee, that the theatre can be safely operated. R.S.O. 1990, c. T.6, s. 14 (3).

Display of licence

15.  Every theatre licence shall be displayed at all times in a conspicuous place at the entrance to the theatre. R.S.O. 1990, c. T.6, s. 15.

Municipal licence

16.  (1)  No municipality shall,

(a) license a theatre unless a licence therefor is in force under this Act;

(b) refuse to license a theatre when a licence therefor is in force under this Act; or

(c) charge a greater fee for licensing a theatre than that charged for a theatre licence under this Act in respect of the same theatre. R.S.O. 1990, c. T.6, s. 16 (1).

Exception

(2)  Subsection (1) does not apply in respect of the licensing of an adult entertainment establishment under section 150 of the Municipal Act, 2001. R.S.O. 1990, c. T.6, s. 16 (2); 2002, c. 17, Sched. F, Table.

Duty of licensee, etc.

17.  The licensee, manager or person in charge of a theatre is responsible for ensuring that the provisions of this Act and the regulations respecting theatres and the exhibition of moving pictures therein are complied with. R.S.O. 1990, c. T.6, s. 17.

18.  Repealed: 1998, c. 18, Sched. E, s. 275.

Age restrictions on persons attending theatres

19.  (1)  No person apparently under twelve years of age not accompanied by a person apparently sixteen years or more of age shall be permitted to purchase a ticket of admission or be granted admission to an exhibition of moving pictures in a theatre,

(a) after the hour of 7:30 p.m. on any day;

(b) during the school term of public and secondary schools in the municipality in which the theatre is situated, except,

(i) during school holidays between the hours of 9 a.m. and 7:30 p.m., and

(ii) during any other day during the term between the hours of 3:30 p.m. and 7:30 p.m. R.S.O. 1990, c. T.6, s. 19 (1).

Uniformed attendant

(2)  No film shall be exhibited in a theatre where a person under twelve years of age not accompanied by a person sixteen years of age or older is permitted to attend unless a person who is eighteen years of age or older dressed in a readily identifiable uniform is on duty in the theatre. R.S.O. 1990, c. T.6, s. 19 (2).

Prohibition on unaccompanied minors to films in prescribed class

(3)  If a film classified in such class as may be prescribed by the regulations for the purposes of this subsection is about to be or is being exhibited in a theatre or other premises, no person shall grant admission, by sale of ticket or otherwise, to the theatre or other premises or give permission to remain in the theatre or other premises to the following persons, unless they are accompanied by a person who is apparently 18 years or more of age:

1. A minor apparently under the age prescribed by the regulations.

2. Another person apparently under 18 years of age. 2000, c. 26, Sched. B, s. 19 (6).

Prohibition on admission of persons under 18 to films in prescribed class

(4)  No person shall grant admission, by sale of ticket or otherwise, to a theatre or other premises, or give permission to remain in a theatre or other premises where a film classified in such class as may be prescribed by the regulations for the purposes of this subsection is about to be or is being exhibited to a person apparently under 18 years of age. 2000, c. 26, Sched. B, s. 19 (6).

Proof of age

(5)  Subsections (1), (3) and (4) do not apply where the person selling the ticket of admission or permitting admission to or remaining in the theatre or other premises has received satisfactory evidence that the person in question is the required age or older. R.S.O. 1990, c. T.6, s. 19 (5).

Prosecution under subss. (1), (3) or (4)

(6)  In any prosecution for a contravention of subsection (1), (3) or (4), the court shall determine from the appearance of any person and other relevant circumstances whether he or she is apparently under the age referred to in subsection (1), (3) or (4). R.S.O. 1990, c. T.6, s. 19 (6).

20.  Repealed: 1998, c. 18, Sched. E, s. 275.

National anthem

21.  (1)  The national anthem shall be played in every theatre at the commencement of the first or at the conclusion of the last exhibition or performance given each day. R.S.O. 1990, c. T.6, s. 21 (1).

Idem

(2)  Where a matinee exhibition or performance is given and the theatre is closed for any period of time before the evening exhibitions or performances are given, the national anthem shall be played at the commencement or conclusion of the matinee exhibition or performance and at the commencement of the first or at the conclusion of the last evening exhibition or performance given each day. R.S.O. 1990, c. T.6, s. 21 (2).

Prohibiting construction of theatre near church

22.  The council of a local municipality may pass by-laws prohibiting the construction of a theatre within sixty metres of a church or place of worship. R.S.O. 1990, c. T.6, s. 22; 2002, c. 17, Sched. F, Table.

23.  Repealed: 2000, c. 26, Sched. B, s. 19 (7).

24.  Repealed: 2000, c. 26, Sched. B, s. 19 (7).

25.  Repealed: 2000, c. 26, Sched. B, s. 19 (8).

26.  Repealed: 2000, c. 26, Sched. B, s. 19 (9).

27.  Repealed: 2000, c. 26, Sched. B, s. 19 (9).

28.  Repealed: 2000, c. 26, Sched. B, s. 19 (10).

29.  Repealed: 2000, c. 26, Sched. B, s. 19 (11).

30.  Repealed: 2000, c. 26, Sched. B, s. 19 (12).

31.  Repealed: 2000, c. 26, Sched. B, s. 19 (13).

32.  Repealed: 2000, c. 26, Sched. B, s. 19 (13).

APPROVAL OF FILMS AND ADVERTISING

Approval of film

33.  (1)  Before the exhibition or distribution in Ontario of a film, an application for approval to exhibit or distribute and for classification of the film shall be made to the Board. R.S.O. 1990, c. T.6, s. 33 (1).

Approval

(1.1)  The Board may approve a film for exhibition and distribution in Ontario in accordance with the methods prescribed by the regulations. 1998, c. 18, Sched. E, s. 279 (1).

Idem

(2)  After viewing a film, the Board, in accordance with the criteria prescribed by the regulations, may refuse to approve the film for exhibition or distribution in Ontario. R.S.O. 1990, c. T.6, s. 33 (2).

Conditional

(3)  The Board, having regard to the criteria prescribed by the regulations, may make an approval conditional upon the film being exhibited in designated locations and on specified dates only. R.S.O. 1990, c. T.6, s. 33 (3).

Quorum

(4)  Except if this Act provides otherwise, a quorum of the Board for the purpose of exercising a power under clause 3 (7) (a) or (d) is,

(a) two members, if the chair does not specify otherwise under clause (b); or

(b) the number of members that the chair specifies, if the chair is of the opinion that more than two members are required. 1998, c. 18, Sched. E, s. 279 (2).

Review of decision

(5)  Where a film has been submitted for approval and classification under subsection (1), the person submitting the film, on payment of the required fee, may appeal the Board's decision by submitting the film for reconsideration by a panel of the Board and that panel, after viewing the film, shall make a decision on its approval and classification. R.S.O. 1990, c. T.6, s. 33 (5); 1998, c. 18, Sched. E, s. 279 (3).

Decision final

(6)  A decision by a panel of the Board under subsection (5) as to classification is final. R.S.O. 1990, c. T.6, s. 33 (6).

Panel

(7)  The panel referred to in subsection (5) shall be composed of at least five members, none of whom had participated in a previous decision on the film. R.S.O. 1990, c. T.6, s. 33 (7).

Appeal

(8)  A person who has appealed under subsection (5) may appeal the Board's decision as to approval to the Divisional Court in accordance with the rules of court and, where there is an appeal, the Minister is entitled to be heard. R.S.O. 1990, c. T.6, s. 33 (8).

Powers of Court on appeal

(9)  An appeal under subsection (8) may be made on question of law or fact or both and the Court may affirm or may rescind the decision of the Board and may direct the Board to take any action that the Board may take and as the Court considers proper. R.S.O. 1990, c. T.6, s. 33 (9).

Reconsideration of film by Board

34.  (1)  Where the chair of the Board is of the opinion that the criteria prescribed by regulation respecting subject-matter or content in films have changed since a film was originally approved and classified and that the film may not be entitled to the approval or classification determined at the time of the original decision, the chair may require that the film be submitted for reconsideration by the Board. R.S.O. 1990, c. T.6, s. 34 (1).

Idem

(2)  Where a film is submitted for reconsideration under subsection (1), section 33 applies with necessary modifications except that no fees shall be charged. R.S.O. 1990, c. T.6, s. 34 (2).

Indication of approval

35.  Where a film is approved by the Board, the approval shall be indicated in the manner prescribed by the regulations. R.S.O. 1990, c. T.6, s. 35.

Submission for approval

36.  An application under section 33 shall be made in the manner prescribed by the regulations and be accompanied by the required fee. R.S.O. 1990, c. T.6, s. 36; 1998, c. 18, Sched. E, s. 280.

Exhibition of film

37.  (1)  No person shall exhibit, distribute or offer to distribute or cause to be exhibited, distributed or offered for distribution in Ontario any film that has not been approved by the Board. R.S.O. 1990, c. T.6, s. 37 (1).

Idem

(2)  No person shall exhibit or cause to be exhibited in Ontario any film that has been approved by the Board subject to any conditions except in accordance with those conditions. R.S.O. 1990, c. T.6, s. 37 (2).

Alteration of film

38.  No person shall alter or cause to be altered, for the purpose of exhibition or distribution in Ontario, any film from its state as approved by the Board. R.S.O. 1990, c. T.6, s. 38.

39.  Repealed: 2000, c. 26, Sched. B, s. 19 (14).

FILM EXCHANGES

Film exchange licence

40.  No person shall carry on the business of a film exchange without a licence therefor from the Director. R.S.O. 1990, c. T.6, s. 40.

Application for licence

41.  (1)  Subject to subsection (2), an applicant for a film exchange licence is entitled, on payment of the required fee, to be granted a film exchange licence. R.S.O. 1990, c. T.6, s. 41 (1); 1998, c. 18, Sched. E, s. 282 (1).

Refusal to issue

(2)  The Director may, after a hearing, refuse to issue a film exchange licence to an applicant therefor,

(a) if a film exchange licence was previously issued to the applicant under this Act and the licence is suspended or the licence was cancelled and the grounds for the cancellation continue to exist;

(b) where the application is for a standard film exchange licence, if the building in which the film exchange is located,

(i) Repealed: 1998, c. 18, Sched. E, s. 282 (2).

(ii) is occupied in whole or in part as a dwelling,

(iii) is occupied in whole or in part by another business that is dangerous to the carrying on of the business of the film exchange, or

(iv) otherwise does not comply with this Act and the regulations; or

(c) where the applicant is a corporation and the past conduct of an officer, director or shareholder affords reasonable grounds for belief that the applicant will not comply with this Act and the regulations in carrying on the business of a film exchange. R.S.O. 1990, c. T.6, s. 41 (2); 1998, c. 18, Sched. E, s. 282 (2).

Renewal of licence

42.  Subject to section 44, the holder of a film exchange licence is entitled to a renewal thereof upon application therefor and payment of the required fee. R.S.O. 1990, c. T.6, s. 42; 1998, c. 18, Sched. E, s. 283.

Transfer of licence

43.  (1)  The holder of a film exchange licence is entitled to transfer the licence with the written consent of the Director. R.S.O. 1990, c. T.6, s. 43 (1).

Consent of Director

(2)  The Director shall not refuse his or her consent under subsection (1) if the transferee would be entitled to the issue of the film exchange licence upon application therefor. R.S.O. 1990, c. T.6, s. 43 (2).

Refusal to renew, suspension or cancellation

44.  The Director may, after a hearing, refuse to renew or suspend or cancel any film exchange licence if,

(a) the licensee has contravened this Act or the regulations and the licensee's conduct raises a reasonable doubt as to whether the licensee will comply with this Act and the regulations in carrying on the business of a film exchange; or

(b) the issue of a licence would be refused under clause 41 (2) (b) if the licensee were an applicant for a licence. R.S.O. 1990, c. T.6, s. 44.

Distribution of standard film

45.  No film exchange shall supply standard film to any person who does not hold a theatre licence under this Act or a licence under this Act to exhibit standard film in any building or premises other than a theatre in respect of which a licence is in force under this Act. R.S.O. 1990, c. T.6, s. 45.

46.  Repealed: 2000, c. 26, Sched. B, s. 19 (15).

Distribution of films

47.  (1)  No film exchange or agent or employee of a film exchange shall distribute a film classified in such class as may be prescribed by the regulations for the purposes of this section to any person apparently under the age of 18 years. 2000, c. 26, Sched. B, s. 19 (16).

Proof of age

(2)  Subsection (1) does not apply where the agent or employee has received satisfactory evidence that the person in question is eighteen years of age or more. R.S.O. 1990, c. T.6, s. 47 (2).

Prosecution under subs. (1)

(3)  In any prosecution for a contravention of subsection (1), the Court shall determine from the appearance of any person and other relevant circumstances whether he or she is apparently under eighteen years of age. R.S.O. 1990, c. T.6, s. 47 (3).

48.  Repealed: 1998, c. 18, Sched. E, s. 284.

49.  Repealed: 1998, c. 18, Sched. E, s. 284.

MISCELLANEOUS LICENCES

50.  Repealed: 1998, c. 18, Sched. E, s. 284.

Licence to exhibit standard film elsewhere than in theatre

51.  (1)  No person shall exhibit standard film in any building or premises other than a theatre in respect of which a licence is in force under this Act without a licence therefor from the Director. R.S.O. 1990, c. T.6, s. 51 (1).

Issue

(2)  Subject to section 52, an applicant for a licence under this section is entitled, on payment of the required fee, to be issued the licence. R.S.O. 1990, c. T.6, s. 51 (2); 1998, c. 18, Sched. E, s. 285.

Term of licence

(3)  A licence issued under this section remains in force for such term as is specified in the licence. R.S.O. 1990, c. T.6, s. 51 (3).

Refusal to issue and cancellation

52.  (1)  The Director may, after a hearing, refuse to issue a licence under section 51 if,

(a) the applicant has previously been issued a licence of the type applied for if the licence was cancelled and the grounds for cancellation still exist; or

(b) the applicant is a corporation and the past conduct of an officer, director or shareholder affords reasonable grounds for belief that the applicant will not comply with this Act and the regulations concerning the operating of projectors or exhibiting films. R.S.O. 1990, c. T.6, s. 52 (1); 1998, c. 18, Sched. E, s. 286.

Cancellation

(2)  The Director may, after a hearing, cancel a licence issued under section 50 or 51 if the licensee has contravened this Act or the regulations and the licensee's conduct raises a reasonable doubt as to whether the licensee will comply with this Act and the regulations in operating a projector or exhibiting films under the licence. R.S.O. 1990, c. T.6, s. 52 (2).

APPEAL

Suspension period limited

53.  No licence shall be suspended under this Act for a period longer than three months. R.S.O. 1990, c. T.6, s. 53.

Appeal to judge

54.  (1)  Any person who considers themself aggrieved by a decision of the Director or Assistant Director under this Act may, within fifteen days after receipt of the decision, appeal to a judge of the Superior Court of Justice, by applying for a hearing. R.S.O. 1990, c. T.6, s. 54 (1); 1993, c. 27, Sched.; 2001, c. 9, Sched. D, s. 14.

Extension of time for appeal

(2)  A judge to whom an application is made under subsection (1) may extend the time for making the application, either before or after expiration of the time fixed therein, where he or she is satisfied that there are apparent grounds for appeal and that there are reasonable grounds for applying for the extension and may give such direction as he or she considers proper consequent upon the extension. R.S.O. 1990, c. T.6, s. 54 (2).

New hearing

(3)  Where a person appeals under this section to a judge, the judge shall appoint a time for and hear the appeal by way of a new hearing and the judge may affirm or reverse the decision of the Director or make a new decision in substitution therefor and for such purpose has all the powers of the Director to make such decision as he or she considers proper. R.S.O. 1990, c. T.6, s. 54 (3).

Parties

(4)  The appellant and the Director or the Assistant Director from whose decision the appeal is taken are parties to an appeal under this section. R.S.O. 1990, c. T.6, s. 54 (4).

Recording of evidence

(5)  The oral evidence taken before the judge at a hearing shall be recorded, and if so required, copies of a transcript thereof shall be furnished upon the same terms as in the Superior Court of Justice. R.S.O. 1990, c. T.6, s. 54 (5); 2001, c. 9, Sched. D, s. 14.

Findings of fact

(6)  The findings of fact of a judge pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act. R.S.O. 1990, c. T.6, s. 54 (6).

Appeal to court

55.  (1)  Any party to a proceeding before a judge under section 54 may appeal from his or her decision to the Divisional Court in accordance with the rules of court. R.S.O. 1990, c. T.6, s. 55 (1).

Minister entitled to be heard

(2)  The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section. R.S.O. 1990, c. T.6, s. 55 (2).

Powers of court

(3)  An appeal under this section may be made on questions of law or fact or both and the court may exercise all the powers of the judge, and for such purpose the court may substitute its opinion for that of the Director or of the judge, or the court may refer the matter back to the judge for rehearing, in whole or in part, in accordance with such directions as the court considers proper. R.S.O. 1990, c. T.6, s. 55 (3).

Effect of appeal on suspension, etc.

56.  The bringing of an appeal under section 53 or 54 does not affect the suspension or cancellation of a licence pending the disposition of the appeal. R.S.O. 1990, c. T.6, s. 56.

Amendment of suspension, etc., by Minister

57.  Where a licence has been suspended or cancelled under this Act pursuant to a decision of the Director or Assistant Director or by a judge or court on appeal therefrom, the Minister may, where he or she considers that undue hardship will be caused by such suspension or cancellation, and that it is not contrary to the purposes of this Act to do so, annul the suspension or cancellation. R.S.O. 1990, c. T.6, s. 57.

Power of Minister

57.1  The Minister may by order require the payment of fees under this Act and approve the amount of those fees for,

(a) Repealed: 2000, c. 26, Sched. B, s. 19 (17).

(b) Repealed: 2000, c. 26, Sched. B, s. 19 (17).

(c) classification or approval of films;

(d) a review under section 33;

(e) Repealed: 2000, c. 26, Sched. B, s. 19 (17).

(f) certificates of approval and duplicates of these certificates;

(g) licences to exhibit standard film in buildings or premises other than a theatre in respect of which a licence is in force under this Act. 1998, c. 18, Sched. E, s. 287; 2000, c. 26, Sched. B, s. 19 (17).

OFFENCE

Offence

58.  (1)  Every person who,

(a) knowingly furnishes false information in any application under this Act or in any statement or return required to be furnished under this Act or the regulations;

(b) knowingly fails to comply with any order, direction or other requirement made under this Act; or

(c) contravenes this Act or the regulations,

and every director or officer of a corporation who knowingly concurs in such furnishing, failure or contravention is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both. R.S.O. 1990, c. T.6, s. 58 (1).

Corporations

(2)  Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed upon the corporation is $100,000 and not as provided therein. R.S.O. 1990, c. T.6, s. 58 (2).

Certificate by Director

59.  A statement as to,

(a) the licensing or non-licensing of any person;

(b) the classification of any film;

(c) the approval or non-approval of any film; or

(d) the approval or non-approval of any advertising,

purporting to be certified by the Director is, without proof of the office or signature of the Director, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein for all purposes in any action, proceeding or prosecution. R.S.O. 1990, c. T.6, s. 59.

REGULATIONS

Regulations

60.  (1)  The Lieutenant Governor in Council may make regulations,

1. Repealed: 1998, c. 18, Sched. E, s. 288 (1).

2. Repealed: 1998, c. 18, Sched. E, s. 288 (1).

3. Repealed: 1998, c. 18, Sched. E, s. 288 (1).

4. Repealed: 1998, c. 18, Sched. E, s. 288 (1).

5. Repealed: 1998, c. 18, Sched. E, s. 288 (1).

6. Repealed: 1998, c. 18, Sched. E, s. 288 (1).

7. Repealed: 1998, c. 18, Sched. E, s. 288 (1).

8. providing that film depots shall conform to any of the provisions of this Act or the regulations respecting film exchanges;

9. prohibiting and regulating the use, distribution or exhibition of film or any type or class thereof;

9.1 prescribing the method by which a film may be approved for exhibition or distribution;

10. prohibiting and regulating the use and display of any advertising matter in connection with any film or the exhibition thereof;

11. requiring any proportion of films available for distribution to exhibitors or of films exhibited in theatres or any class thereof to be of Canadian manufacture and origin and fixing such proportion on a monthly or yearly basis;

12. Repealed: 2000, c. 26, Sched. B, s. 19 (18).

13. Repealed: 1998, c. 18, Sched. E, s. 288 (3).

14. prescribing the terms and conditions under which film or any type or class thereof may be sold, rented, leased, exhibited or distributed;

15. Repealed: 1998, c. 18, Sched. E, s. 288 (3).

16. requiring signs to be displayed in respect of the exhibition of film classified by the Board and prescribing types of signs and the manner in which the signs shall be displayed;

17. prescribing the manner in which advertising matter in connection with any film classified by the Board or the exhibition or distribution thereof shall indicate that the film has been so classified;

17.1 prescribing classifications of films, including for the purposes of subsections 19 (3) and (4) and of subsection 47 (1), and prescribing the age of a minor for the purposes of subsection 19 (3);

18. prescribing the manner that approval and classification of films shall be indicated;

19. regulating and governing the conduct of persons in theatres or any class thereof or in buildings or premises occupied by film exchanges;

20. providing for the issue, expiry, renewal and transfer of theatre licences or film exchange licences or any class thereof and prescribing the fees therefor;

21. prescribing terms and conditions to which theatre licences and film exchange licences or any classes thereof are subject;

22. Repealed: 1998, c. 18, Sched. E, s. 288 (3).

23. Repealed: 2000, c. 26, Sched. B, s. 19 (21).

24. Repealed: 2000, c. 26, Sched. B, s. 19 (22).

25. Repealed: 1998, c. 18, Sched. E, s. 288 (5).

26. prescribing the manner of application and the material to be submitted to the Board for an approval under section 33;

27. Repealed: 1998, c. 18, Sched. E, s. 288 (5).

28. Repealed: 1998, c. 18, Sched. E, s. 288 (5).

29. Repealed: 1998, c. 18, Sched. E, s. 288 (5).

30. providing for the issue of licences to exhibit standard film in buildings or premises other than a theatre in respect of which a licence is in force under this Act;

31. providing for the issue, expiry and renewal of licences under section 50;

32. prescribing forms and stampings and providing for their use;

33. exempting any theatre, film exchange, projector, film or person or any class or type thereof from any provision of this Act or the regulations;

34. prescribing criteria on which the Board may exercise its powers under sections 3 and 33 including prescribing the film or advertising content or subject-matter that the Board may refuse to approve;

35. prescribing procedures concerning matters before the Board. R.S.O. 1990, c. T.6, s. 60 (1); 1998, c. 18, Sched. E, s. 288 (1-7); 2000, c. 26, Sched. B, s. 19 (18-23).

Note: Regulations made under paragraphs 22, 23, 25, 27, 28, 29, 30 and 31 of subsection (1), as those paragraphs read immediately before December 18, 1998, continue until the Minister makes an order under section 57.1, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 287, that is inconsistent with those regulations. See: 1998, c. 18, Sched. E, s. 288 (8).

Note: The Lieutenant Governor in Council may by regulation revoke regulations made under paragraphs 22, 23, 25, 27, 28, 29, 30 and 31 of subsection (1), as those paragraphs read immediately before December 18, 1998, if the Minister makes an order under section 57.1, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 287, that is inconsistent with those regulations. See: 1998, c. 18, Sched. E, s. 288 (9).

Limitation

(2)  Any regulation made under this section may be limited as to time or place, or both. R.S.O. 1990, c. T.6, s. 60 (2).

Expressions defined in regulations

(3)  Any word or expression used in this Act or the regulations may be defined in the regulations for the purposes of the regulations. R.S.O. 1990, c. T.6, s. 60 (3).

 

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