Film Classification Act, 2005, S.O. 2005, c. 17

• Jurisdiction: Ontario

Film Classification Act, 2005

S.o. 2005, chapter 17

Historical version for the period December 8, 2020 to June 7, 2021.

Note: This Act is repealed on June 8, 2021, six months after the day the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 received Royal Assent. (See: 2020, c. 36, Sched. 12, s. 20 (1))

Last amendment: 2020, c. 36, Sched. 12, s. 20 (1).

CONTENTS

Part I
interpretation and administration

Interpretation

Definitions

1 In this Act,

“classification” includes a rating; (“catégorie”, “classement”)

“content advisory” is a notice about the content of a film; (“indications complémentaires”)

“distribute” means to distribute for direct or indirect gain, and includes to rent, lease, sell or distribute in another way prescribed; (“distribuer”)

“exhibit” means to exhibit,

(a) for direct or indirect gain, or

(b) to the public; (“présenter”)

“film” means a moving image, including an interactive moving image such as a video game, that may be generated for viewing from any thing including, but not limited to, video tapes, video discs, film or electronic files; (“film”)

“investigator” means an investigator appointed under subsection 31 (1); (“enquêteur”)

“Minister” means the Minister of Consumer and Business Services or such other member of the Executive Council to whom administration for this Act is assigned under the Executive Council Act; (“ministre”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act; (“règlements”)

“Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or such other tribunal as may be prescribed. (“Tribunal”) 2005, c. 17, s. 1; 2006, c. 34, s. 13 (1).

Section Amendments with date in force (d/m/y)

2006, c. 34, s. 13 (1) - 20/12/2006

Administration

Director and deputies

2 (1) The Deputy Minister shall appoint a director for the purposes of this Act and may appoint deputy directors. 2005, c. 17, s. 2 (1).

Duties of deputy director

(2) A deputy director shall perform such duties as are assigned by the director and shall act as director in the director’s absence. 2005, c. 17, s. 2 (2).

Same

(3) Only one deputy director may act as director in the director’s absence at any one time. 2005, c. 17, s. 2 (3).

Registrar and deputies

3 (1) The Deputy Minister shall appoint a registrar for the purposes of this Act and may appoint deputy registrars. 2005, c. 17, s. 3 (1).

Duties of registrar

(2) The registrar shall exercise the powers and perform the duties imposed on him or her under this Act. 2005, c. 17, s. 3 (2); 2009, c. 33, Sched. 10, s. 7.

Duties of deputy registrar

(3) A deputy registrar shall perform such duties as are assigned by the registrar and shall act as registrar in the registrar’s absence. 2005, c. 17, s. 3 (3).

Same

(4) Only one deputy registrar may act as registrar in the registrar’s absence at any one time. 2005, c. 17, s. 3 (4).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 10, s. 7 - 15/12/2009

Director cannot be registrar and vice versa

4 No person may simultaneously be appointed as director or deputy director under subsection 2 (1) and as registrar or deputy registrar under subsection 3 (1). 2005, c. 17, s. 4.

Part II
Film

Regulations re Categories, Classification, Approval and Exemptions

Categories

5 The Lieutenant Governor in Council may, by regulation, prescribe categories of film by medium, content or both. 2005, c. 17, s. 5.

Classification using prescribed scheme

6 (1) The Lieutenant Governor in Council may, by regulation,

(a) prescribe a classification scheme that shall be used for classifying film in one or more categories of film;

(b) designate a person or body to review and classify films in one or more categories of film using a classification scheme prescribed under clause (a);

(c) prescribe criteria, if any, that a person or body designated under clause (b) shall use in classifying film;

(d) designate a person or body to hear an appeal of a classification decision made by a person or body designated under clause (b);

(e) designate a person or body to reconsider a classification decision made by a person or body designated under clause (b) or (d) when the director is of the opinion that the classification should be reconsidered. 2005, c. 17, s. 6 (1).

Classifications by specified body

(2) Subject to subsection (3), the Lieutenant Governor in Council may, by regulation, provide that classification decisions made by a specified person or body with respect to films in one or more categories of film are classifications for the purposes of this Act. 2005, c. 17, s. 6 (2).

Modified classifications

(3) A regulation made under subsection (2) may specify that the classifications in the classification scheme used by the person or body under subsection (2) apply with such modifications as the Lieutenant Governor in Council considers necessary or advisable and, where a regulation makes such a specification, the classifications shall apply as modified for all purposes of this Act. 2005, c. 17, s. 6 (3).

Reconsideration body

(4) The Lieutenant Governor in Council may, by regulation, designate a person or body to reconsider a classification decision made by a person or body specified under subsection (2) when the director is of the opinion that the classification should be reconsidered. 2005, c. 17, s. 6 (4).

Content advisory

(5) A person or body that classifies a film may issue a content advisory for that film. 2005, c. 17, s. 6 (5).

Public access

(6) A regulation under clause (1) (b) that designates a person or body to review and classify films shall provide for public access to the classifications and any content advisories made by the designee in a manner that the Lieutenant Governor in Council considers appropriate. 2005, c. 17, s. 6 (6).

Same

(7) A regulation under clause (1) (d) or (e) or subsection (4) that designates a person or body to hear an appeal of a classification decision or reconsider a classification decision shall provide for public access to the decisions of the designee in a manner that the Lieutenant Governor in Council considers appropriate. 2005, c. 17, s. 6 (7).

Same

(8) A regulation under subsection (2) that provides that classification decisions made by a specified person or body are classifications for the purposes of this Act shall provide for public access to the classification decisions and any content advisories made by the person or body in a manner that the Lieutenant Governor in Council considers appropriate. 2005, c. 17, s. 6 (8).

Approval

7 (1) The Lieutenant Governor in Council may, by regulation,

(a) designate one or more categories of film for the purposes of this section;

(b) designate a person or body to review and approve or refuse to approve films in a category designated under clause (a);

(c) prescribe the criteria that a person or body designated under clause (b) shall use in approving or refusing to approve films;

(d) designate a person or body to hear an appeal of a decision made by a person or body designated under clause (b) to refuse to approve a film;

(e) designate a person or body to reconsider a decision to approve a film made by a person or body designated under clause (b) or (d) when the director is of the opinion that the decision should be reconsidered. 2005, c. 17, s. 7 (1).

Public access

(2) A regulation under clause (1) (b) that designates a person or body to review and approve or refuse to approve films shall provide for public access to the decisions of the designee in a manner that the Lieutenant Governor in Council considers appropriate. 2005, c. 17, s. 7 (2).

Same

(3) A regulation under clause (1) (d) or (e) that designates a person or body to hear an appeal of a non-approval decision or reconsider an approval decision shall provide for public access to the decisions of the designee in a manner that the Lieutenant Governor in Council considers appropriate. 2005, c. 17, s. 7 (3).

Exemptions

8 (1) The Lieutenant Governor in Council may, by regulation, designate a person or body to review a film to determine whether it is exempt under the regulations from a provision of this Act or the regulations when the director is of the opinion that an exemption determination should be made. 2005, c. 17, s. 8 (1).

Public access

(2) A regulation under subsection (1) that designates a person or body to make an exemption determination shall provide for public access to the determinations of the designee in a manner that the Lieutenant Governor in Council considers appropriate. 2005, c. 17, s. 8 (2).

Rules of designee

9 (1) A designee that reviews film for the purposes of clause 6 (1) (b), (d) or (e), subsection 6 (4), clause 7 (1) (b), (d) or (e) or section 8 may make rules that require a person who submits film to the designee for a purpose under this Act to,

(a) submit the film in one or more formats specified by the designee; and

(b) provide any information relating to the film that the designee requests in such form as the designee specifies. 2005, c. 17, s. 9 (1).

Certificate

(2) A designee under clause 6 (1) (b), (d) or (e), subsection 6 (4) or clause 7 (1) (b), (d) or (e) may, on classifying or approving a film, issue a certificate that indicates the classification or approval of the film, as the case may be. 2005, c. 17, s. 9 (2).

Prohibitions

Unclassified film

10 (1) No person shall distribute, offer to distribute or exhibit a film unless,

(a) the film has been classified by the appropriate person or body designated or specified under section 6; or

(b) an exemption under the regulations applies. 2005, c. 17, s. 10 (1).

Indication of classification

(2) No person shall distribute, offer to distribute or exhibit a film that has been classified unless the classification is indicated as prescribed. 2005, c. 17, s. 10 (2).

Film requiring approval

11 (1) No...