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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definitions

1In this Act

“Adjudicator” means the person appointed under section 6.2 to hear and determine appeals under this Act;(arbitre)

“Board” Repealed: 2002, c.8, s.1

“cinematograph” includes a moving picture machine or other similar apparatus;(cinématographe)

“Department” means the Department of Public Safety;(Ministère)

“Director” means the person appointed under section 4.1; (directeur)

“film” means a cinematograph film or slide or any substitute for a cinematograph film or slide;(film)

“film exchange” means a person or association that sells, rents, leases or supplies films to theatres;(centre d’échange de films)

“inspector” means an inspector appointed under this Act;(inspecteur)

“Minister” means the Minister of Public Safety and includes a person designated by the Minister to act on the Minister’s behalf;(Ministre)

“performance” means a moving picture performance or the exhibition of a moving picture for public entertainment;(représentation)

“theatre” means a building, tent, enclosure, structure or other place in which a performance is given in respect of which an admission fee is charged for private gain;(lieu de spectacle)

“theatre owner” means a person or association that operates a theatre in the Province;(propriétaire d’un lieu de spectacle)

“video distributor” means a person who distributes videofilm or video games to a video exchange;(distributeur vidéo)

“video exchange” means a retail outlet that makes videofilm or video games available to the public;(centre d’échange vidéo)

“videofilm” includes videocassette, videodisc and videotape;(vidéofilm)

“video game” means an object or device that(jeu vidéo)

(a) stores recorded data or instructions,

(b) receives data or instructions generated by a user, and

(c) by processing the data or instructions, creates an interactive game capable of being played, viewed or experienced on or through a computer, gaming system, console or other technology.

1990, c.54, s.1; 1992, c.2, s.21; 1998, c.41, s.54; 2000, c.26, s.126; 2002, c.8, s.1; 2006, c.1, s.1

Licence for film exchange

2Every film exchange shall obtain a licence under this Act.

Licence for video exchange

3Every person who operates or controls a video exchange shall obtain a licence under this Act.

Licence for video distributor

3.1Every video distributor shall obtain a licence under this Act.

1990, c.54, s.2

Revocation or suspension of licence by Minister

4The Minister may, if the Minister has reasonable and probable grounds to believe that the holder of a licence issued under this Act has violated a provision of this Act or the regulations, revoke or suspend the licence.

Appointment of Director of Film Classification

4.1(1)The Minister may appoint a person employed within the Department as Director of Film and Video Game Classification to perform the duties set out in this Act and the regulations.

4.1(2)The Minister shall cause to be published in The Royal Gazette notice of the appointment of the Director of Film and Video Game Classification and on such publication judicial notice shall be taken in all courts in the Province that the person named therein has been appointed by the Minister in accordance with this Act.

2002, c.8, s.2; 2006, c.1, s.2

Repealed

5Repealed: 2002, c.8, s.3

2002, c.8, s.3

Powers of Director

6(1)The Director may, in accordance with the regulations,

(a) classify films for use or exhibition in the Province by

(i) viewing each film and assigning a classification to each film, or

(ii) adopting the classification accorded to each film by another jurisdiction, and

(b) permit or prohibit a performance in a theatre.

6(2)Any power referred to in subsection (1) may be exercised by the Director notwithstanding that

(a) a film referred to in paragraph (1)(a) was previously used or exhibited in the Province, or

(b) a performance referred to in paragraph (1)(b) was previously permitted.

6(3)Repealed: 2002, c.8, s.4

6(4)The Director may, in accordance with the regulations,

(a) classify videofilms for use or exhibition in the Province by

(i) viewing each videofilm and assigning a classification to each videofilm, or

(ii) adopting the classification accorded to each videofilm by another jurisdiction, and

(b) permit or prohibit the distribution of a videofilm.

6(5)Any power referred to in subsection (4) may be exercised by the Director notwithstanding that

(a) a videofilm referred to in paragraph (4)(a) was previously used or exhibited in the Province, or

(b) the distribution referred to in paragraph (4)(b) was previously permitted.

6(5.1)The Director may, in accordance with the regulations,

(a) classify video games for use or exhibition in the Province by

(i) viewing or playing each video game and assigning a classification to each video game, or

(ii) adopting the classification accorded to each video game by another jurisdiction, and

(b) permit or prohibit the distribution of a video game.

6(5.2)Any power referred to in subsection (5.1) may be exercised by the Director notwithstanding that

(a) a video game referred to in paragraph (5.1)(a) was previously used or exhibited in the Province, or

(b) the distribution referred to in paragraph (5.1)(b) was previously permitted.

6(6)Repealed: 2002, c.8, s.4

1990, c.54, s.3; 2002, c.8, s.4; 2006, c.1, s.3

Appeal to Adjudicator

6.1There shall be an appeal from a decision of the Director or the Minister under this Act to an Adjudicator appointed under section 6.2.

2002, c.8, s.5

Procedure on Appeal

6.2(1)The Lieutenant-Governor in Council shall appoint in writing an Adjudicator to hear and determine appeals under this Act.

6.2(2)The Adjudicator shall be appointed for a term of three years and is not eligible for reappointment.

6.2(3)An Adjudicator is entitled to be paid

(a) remuneration to be fixed by the Lieutenant-Governor in Council, and

(b) an allowance for travelling and other expenses incurred in the performance of the duties of the Adjudicator at a rate approved by the Lieutenant-Governor in Council.

2002, c.8, s.5

Procedure on Appeal

6.3(1)An appeal of a decision of the Minister or the Director may be commenced by serving on the Minister, within forty-five days after the original decision, a written notice of appeal.

6.3(2)The notice of appeal shall contain

(a) a statement of the matter appealed from,

(b) the grounds for appeal, and

(c) any other relevant information in support of the appeal.

6.3(3)The Minister shall, within thirty days after receipt of the notice of appeal, provide the Adjudicator and the Director with a copy of the written notice of appeal.

2002, c.8, s.5

Procedure on Appeal

6.4At the hearing of an appeal before an Adjudicator, the person making the appeal and the Minister or the Director, as the case may be, have the right to attend and make representation either on their own behalf or through counsel.

2002, c.8, s.5

Procedure on Appeal

6.5(1)The Adjudicator may make additional rules respecting the procedure for notification of a hearing, making representation and the conduct of the hearing.

6.5(2)The Adjudicator may, on appeal, affirm, vary or reverse the original decision.

6.5(3)The Adjudicator shall give written reasons for the decision.

6.5(4)A copy of the decision of the Adjudicator shall be served either personally or by prepaid registered mail

(a) on the Minister or the Director, as the case may be, and

(b) on the person initiating the appeal.

2002, c.8, s.5; 2006, c.1, s.4

Prohibitions respecting exhibition of films not classified

7No person shall exhibit to the public a film that has not been classified by the Director in accordance with the regulations or exempted by regulation from the requirement to be classified.

2002, c.8, s.6

Prohibitions respecting exhibition of films not classified

8No person shall exhibit to a member of any class of persons a film that the Director has classified as being restricted from being exhibited to that class of persons.

2002, c.8, s.7

Prohibitions respecting person operating or controlling video exchange

9No person who operates or controls a video exchange or employee or agent of the person shall sell, lease, rent, lend, exchange or distribute to the public, or keep for any such purpose, a videofilm or video game that has not been classified by the Director in accordance with the regulations or exempted by regulation from the requirement to be classified.

2002, c.8, s.8; 2006, c.1, s.5

Prohibitions respecting person operating or controlling video exchange

10No person who operates or controls a video exchange or employee or agent of the person shall sell, lease, rent, lend, exchange or distribute to a member of any class of persons a videofilm or video game that the Director has classified as being restricted from being so supplied to that class of persons.

2002, c.8, s.9; 2006, c.1, s.6

Appointment and duties of inspectors

11(1)The Minister may appoint one or more inspectors for the purposes of this Act and the regulations.

11(2)An inspector may enter and inspect theatres during normal business hours.

11(3)An inspector may enter and inspect video exchanges during normal business hours and may inspect videofilms and video games in video exchanges.

11(4)An inspector shall perform such other duties as may be prescribed by regulation.

11(5)No person shall interfere with, impede or obstruct an inspector in the performance of the inspector’s duties under this Act or the regulations.

2006, c.1, s.7

Offences and penalties

12(1)A person who violates or fails to comply with any provision of the regulations commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

12(1.1)A person who violates or fails to comply with section 2, 3, 7, 8, 9 or 10 or subsection 11(5) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

12(2)Repealed: 2008, c.11, s.12

12(3)In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

1990, c.61, s.49; 2008, c.11, s.12

Limitation period

13A prosecution for an offence under this Act shall be commenced within one year after the time it is alleged to have been committed.

Administration of Act

14The Minister is responsible for the administration of this Act and may designate persons to act on the Minister’s behalf.

Regulations

15The Lieutenant-Governor in Council may make regulations

(a) respecting the licensing, operating and regulating of film exchanges;

(b) respecting the licensing, operating and regulating of video exchanges;

(b.1) respecting the licensing, operating and regulating of video distributors;

(c) prescribing by whom licences shall be issued and the term or period during which licences shall be in force;

(d) prescribing the fees to be paid for the various licences, and the methods for ascertaining, calculating or determining the fees to be paid;

(e) respecting the operating and regulating of theatres;

(f) respecting the regulating of cinematograph operators and apprentices;

(g) respecting the terms and conditions under which cinematographs may be operated;

(g.1) respecting submissions to be made to the Director for the purposes of classification of film intended for use or exhibition in the Province;

(h) prescribing the fees to be paid for the examination of films and the methods for ascertaining, calculating or determining the fees to be paid;

(i) prescribing the fees to be paid for the examination of videofilms and the methods for ascertaining, calculating or determining the fees to be paid;

(i.1) prescribing the fees to be paid for the examination of video games and the methods for ascertaining, calculating or determining the fees to be paid;

(j) prohibiting or regulating the exhibiting and exchange of film;

(k) respecting the prohibiting of a performance in a theatre and the factors to be considered in prohibiting the performance;

(k.1) respecting the prohibiting of the distribution of a videofilm and the factors to be considered in prohibiting the distribution;

(k.2) respecting the prohibiting of the distribution of a video game and the factors to be considered in prohibiting the distribution;

(l) prescribing the classifications that may be applied to films and the classes of persons to whom films of particular classifications may be exhibited or made available;

(m) respecting the factors to be considered by the Director in applying a particular classification to a film;

(m.1) prescribing a jurisdiction for the purposes of paragraph 6(1)(a);

(n) exempting certain films and classes of films from the requirement for classification;

(o) prescribing the classifications that may be applied to videofilms and the classes of persons to whom videofilms of particular classifications may be exhibited or made available;

(o.1) prescribing the classifications that may be applied to video games and the classes of persons to whom video games of particular classifications may be exhibited or made available;

(p) respecting the factors to be considered by the Director in applying a particular classification to a videofilm;

(p.01) respecting the factors to be considered by the Director in applying a particular classification to a video game;

(p.1) prescribing a jurisdiction for the purposes of paragraph 6(4)(a);

(p.2) prescribing a jurisdiction for the purposes of paragraph 6(5.1)(a);

(q) exempting certain videofilms and classes of videofilms from the requirement for classification;

(q.1) exempting certain video games and classes of video games from the requirement for classification;

(r) respecting the terms and conditions under which films may be exhibited, advertised, sold, leased, rented, loaned, exchanged and distributed to the public;

(s) respecting the terms and conditions under which videofilms may be exhibited, advertised, sold, leased, rented, loaned, exchanged and distributed to the public;

(s.1) respecting the terms and conditions under which video games may be exhibited, advertised, sold, leased, rented, loaned, exchanged and distributed to the public;

(t) respecting the manner in which videofilms may be displayed to the public in a video exchange;

(t.1) respecting the manner in which video games may be displayed to the public in a video exchange;

(u) respecting the seizure, forfeiture and disposal of films that are exhibited or made available to the public in violation of this Act or the regulations;

(v) respecting the seizure, forfeiture and disposal of videofilms that are exhibited, displayed or made available to the public in violation of this Act or the regulations;

(v.1) respecting the seizure, forfeiture and disposal of video games that are exhibited, displayed or made available to the public in violation of this Act or the regulations;

(w) prescribing the duties of inspectors for the purposes of subsection 11(4).

1990, c.54, s.4; 2002, c.8, s.10; 2006, c.1, s.8

Transitional provision respecting licensing

16A licence issued under the Theatres, Cinematographs and Amusements Act with respect to a film exchange that is valid on the commencement of this Act shall be deemed to be a licence issued with respect to a film exchange under this Act and continues to be valid until the date the licence expires or until the licence is revoked or suspended by the Minister, whichever is earlier.

Repeal

17Sections 1, 2, 3, 4, 5, 6 and 9 of An Act to Amend the Theatres, Cinematographs and Amusements Act, chapter 69 of the Acts of New Brunswick, 1985, are repealed.

Commencement

18This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

N.B. Sections 1, 2, 4, 5, 6(1)-(3), 7, 8, 11(1), (2), (4), (5), 12-14, 15(a), (c)-(h), (j)-(n), (r), (u), (w), 16-18 of this Act were proclaimed and came into force July 1, 1989.

N.B. Sections 3, 6(4), (5), 9, 10, 11(3), 15(b), (i), (o)-(q), (s), (t) and (v) of this Act were proclaimed and came into force June 1, 1991.

N.B. This Act is consolidated to September 1, 2011.

F-10.1 - Film and Video Act

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