Film Content Information Act, 2020, S.O. 2020, c. 36, Sched. 12

• Jurisdiction: Ontario

Film Content Information Act, 2020

S.o. 2020, chapter 36
Schedule 12

Consolidation Period: From June 8, 2021 to the e-Laws currency date.

No amendments.

CONTENTS

PART I
Application and INTERPRETATION

Application

1 This Act applies to,

(a) exhibiting films for the direct gain of the exhibitor;

(b) selling or renting physical copies of video games;

(c) exhibiting adult sex films; and

(d) selling, renting or otherwise making available physical copies of adult sex films to persons.

Interpretation

2 In this Act,

“adult sex film” means a film that has, as its main object, the depiction of explicit sexual activity; (“film à caractère sexuel pour adultes”)

“exhibit” means to exhibit a film for viewing by the public; (“présenter”)

“exterior container” means the packaging that is designed or intended to contain a physical copy of a film for the purposes of display for sale or rental; (“jaquette”)

“film” means a moving image, other than a video game, that may be generated for viewing from anything including, but not limited to, videotapes, video discs, film or electronic files; (“film”)

“film trailer” means a film that is used for advertising purposes in connection with the exhibition of another film; (“bande-annonce de film”)

“investigator” means an investigator appointed under subsection 7 (1); (“enquêteur”)

“Minister” means the Minister of Government and Consumer Services or such other member of the Executive Council to whom responsibility for the 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”)

“Software Board” means the Entertainment Software Rating Board or such other person or body as may be prescribed; (“Commission des logiciels de loisirs”)

“video game” means a moving image that provides 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”)

PART II
Director

Director and Deputy Directors

3 (1) The Deputy Minister shall appoint a Director for the purposes of this Act and may appoint Deputy Directors.

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.

Same

(3) Only one Deputy Director may act as Director in the Director’s absence at any one time.

PART III
Prohibitions

Exhibition of films to public for direct gain

4 (1) Subject to subsections (3) and (4), no person shall exhibit a film for their own direct gain unless they display the following information at the place where they exhibit the film, or otherwise make the information available to the public in advance of exhibiting the film:

1. Information respecting the film and its content that the person exhibiting the film reasonably determines would be relevant to persons who may intend to view the film.

2. The name and contact information of an individual to whom questions or complaints respecting the information referred to in paragraph 1 may be directed.

Examples of relevant information

(2) For the purposes of paragraph 1 of subsection (1), examples of information respecting a film and its content that may be relevant to persons who may intend to view the film include the following:

1. The age of the intended audience of the film.

2. Whether the film contains,

i. nudity, sexual activity or adult themes,

ii. the graphic depiction of violence involving bloodletting, torture, mutilation or criminal activity,

iii. coarse language, sexual references or slurs, or

iv. the depiction of the use of an illegal substance, or the illegal or harmful use of alcohol, a tobacco product, a vapour product or cannabis.

Previous classification

(3) If a film was previously classified for exhibition in Ontario under the Film Classification Act, 2005 or the Theatres Act, as they read before their repeal, the person exhibiting the film may display or otherwise make available the classification instead of displaying or otherwise making available the information referred to in paragraph 1 of subsection (1).

Exceptions

(4) Subsection (1) does not apply to films that,

(a) are adult sex films;

(b) are shown under the sponsorship of a public library or public art gallery;

(c) are shown as part of a concert, a theatrical stage production or a live or pre-recorded cultural, sporting or athletic event;

(d) are designed for the purpose of advertising, demonstrating or instructing in the use of products or services; or

(e) are film trailers.

Adult sex films

Required review and approval

5 (1) No person shall exhibit an adult sex film or sell, rent or otherwise make available a physical copy of an adult sex film unless the film has been reviewed and approved by an entity that is authorized to approve adult sex films under the laws of a province of Canada.

Notice must be affixed

(2) No person shall sell, rent or otherwise make available a physical copy of an adult sex film unless a notice is affixed to the exterior container of the film, or appears on the physical copy itself, indicating that the film has been approved in accordance with subsection (1).

Age restriction, exhibition

(3) No person shall exhibit an adult sex film to a person who is under 18 years of age.

Age restriction, sale, rental or making available

(4) No person shall sell, rent or otherwise make available a physical copy of an adult sex film to a person who is under 18 years of age.

Sale or rental of video games

6 (1) No person shall sell or rent a physical copy of a video game to a person who is under 18 years of age unless the Software Board has provided a rating for that video game.

Rating of “Adults Only”

(2) No person shall sell or rent a physical copy of a video game that the Software Board has rated as “Adults Only” to a person who is under 18 years of age.

Rating of “Mature”

(3) No person shall sell or rent a physical copy of a video game that the Software Board has rated as “Mature” to a person who is under 17 years of age.

Exception, arcade games

(4) For greater certainty, this section does not apply to a person who rents or sells the use of a payment-based video game device commonly known as an arcade game.

Regulations

(5) The regulations may modify the application of this section and may establish new or modified prohibitions on the sale or rental of physical copies of video games based on their rating by the Software Board.

PART IV
INVESTIGATIONS

Appointment of investigators

7 (1) The Director may appoint persons...