Acts and Regulations

89-80 - Film

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 89-80
under the
Film and Video Act
(O.C. 89-455)
Filed June 28, 1989
Under section 21 of the Film and Video Act, the Lieutenant-Governor in Council makes the following Regulation:
2013-10
1This Regulation may be cited as the Film Regulation - Film and Video Act.
2013-10
2In this Regulation
“Act” means the Film and Video Act;(Loi)
“police officer” means a police officer appointed under the Police Act;(agent de police)
“sexual activity” means acts, explicitly portrayed, of intercourse or masturbation, and includes the depiction of genital, anal, oral-genital or oral-anal connection between human beings or between human beings and animals and anal or genital connection between human beings by means of objects.(activité sexuelle)
2008-132; 2013-10
3(1)An application for a licence for a film exchange shall be made to the Minister on a form provided by the Minister.
3(2)Before issuing a licence for a film exchange, the Minister may cause an inspector to make such investigation into the circumstances of the applicant as may appear necessary and, if satisfied that the licence should be issued, may issue the licence on payment of the required fee.
3(3)The fee for a licence for a film exchange is payable on the first day in June in each year and is
(a) for a 35 mm film exchange, five hundred dollars per year, and
(b) for a 16 mm film exchange, one hundred dollars per year.
3(4)Notwithstanding subsection (3), where a licence for a film exchange is obtained after the first day of December in any year, the fee is
(a) for a 35 mm film exchange, two hundred and fifty dollars, and
(b) for a 16 mm film exchange, fifty dollars.
3(5)A licence for a film exchange expires on the thirty-first day of May in each year.
3(6)A licence for a film exchange issued by the Minister is the property of the Crown.
3(7)A licence for a film exchange may be assigned or transferred upon obtaining the written approval of the Minister.
4(1)A person or film exchange shall, in respect of a film intended for use or exhibition in the Province,
(a) submit the film to the Director for viewing and one or more bands of film for stamping if the Director classifies a film under “subparagraph 7(1)(a)(i) of the Act, and
(b) submit one or more bands of the film to the Director for stamping if the Director classifies a film under subparagraph 7(1)(a)(ii) of the Act.
4(1.1)Where the Director classifies a film under subparagraph 7(1)(a)(i) of the Act, the Director shall consider the character and content of the film in its entirety and may classify the film as one of the following:
(a) General;
(b) Parental Guidance;
(c) 14 Accompaniment;
(d) 18 Accompaniment;
(e) Restricted; or
(f) Adult.
4(1.2)A film shall be classified as General if the content of the film is considered suitable for viewing by all ages.
4(1.3)A film shall be classified as Parental Guidance if the content of the film is not considered suitable for viewing by all children and parental guidance is advised.
4(1.4)A film shall be classified as 14 Accompaniment if the content of the film is considered suitable for viewing by persons who are 14 years of age or older.
4(1.5)A film shall be classified as 18 Accompaniment or Restricted if the content of the film is considered suitable for viewing by persons who are 18 years of age or older.
4(1.6)A film shall be classified as Adult if the content of the film is considered suitable for viewing by persons who are 18 years of age or older and the primary premise of the film is the depiction of explicit sexual activity, graphic nudity or graphic violence.
4(2)Repealed: 2008-132
4(3)Repealed: 2008-132
4(4)Repealed: 2008-132
4(5)Repealed: 2008-132
4(6)For the purposes of paragraph 7(1)(a) of the Act
(a) the Province of Nova Scotia is the jurisdiction for films in the English language, and
(b) the Province of Quebec is the jurisdiction for films in the French language.
91-71; 92-144; 2002, c.8, s.11; 2008-132; 2018-38
5Where a film is classified by the Director, each copy of the film may receive the same classification if the film exchange or person submitting the film certifies that it is a true copy of the film classified by the Director.
2002, c.8, s.11
6(1)The Director shall issue a stamped band for each reel of a film that has been classified and for any copies of the film that are intended for use or exhibition in the Province, signed by the Director and stating the classification of the film.
6(2)Where a film has been classified, a film exchange or any other person who has submitted the film to the Director shall ensure that each reel of the film is accompanied by or has attached to it a stamped band referred to in subsection (1).
2002, c.8, s.11
7No person except the Director and the owner or distributor shall be present when a film is being viewed unless the consent of the Director has been obtained.
2002, c.8, s.11
8No person shall add new material to or change the title of a film intended for use or exhibition in the Province after it has been classified by the Director.
2002, c.8, s.11
9The Director may require that advertisements for a film intended for use or exhibition in the Province include such information captions as the Director considers appropriate and that any signs respecting the film be of a size, nature and content and be accompanied by such information captions as the Director considers appropriate.
2002, c.8, s.11
10A person or film exchange in possession or control of films which have been classified by the Director shall, upon demand, make a return to an inspector in the form of a statutory declaration, showing the name and number of films in the person’s or film exchange’s possession or control, and such other information as the Minister may require.
2002, c.8, s.11
11(1)The fee for the examination of a film by the Director is payable to the Minister of Finance and Treasury Board and is to be calculated as follows:
(a) for a 35 mm film which is not more than three hundred metres in length submitted by a film exchange, five dollars per reel plus two dollars per reel for each copy of the film that is intended for use or exhibition in the Province;
(b) for a 35 mm film which is not more than three hundred metres in length submitted by a person other than a film exchange, ten dollars per reel plus two dollars per reel for each copy of the film that is intended for use or exhibition in the Province;
(c) for a 35 mm film which is more than three hundred metres and not more than six hundred metres in length submitted by a film exchange, twelve dollars per reel plus four dollars per reel for each copy of the film that is intended for use or exhibition in the Province;
(d) for a reel of 35 mm film which is more than three hundred metres and not more than six hundred metres in length submitted by a person other than a film exchange, twenty dollars per reel plus four dollars per reel for each copy of the film that is intended for use or exhibition in the Province;
(e) for a 35 mm film referred to the Director for a re-examination, five dollars per single reel and twelve dollars per double reel in addition to any fees previously paid under this section, plus two dollars per single reel and four dollars per double reel for each copy of the film that is intended for use or exhibition in the Province;
(f) notwithstanding paragraphs (a), (b) and (e), for a 35 mm advertising trailer which is not more than one hundred and fifty metres in length, one dollar and fifty cents per copy; and
(g) for a 16 mm film, two dollars for each one hundred and twenty metres or portion of one hundred and twenty metres.
11(2)Notwithstanding paragraphs (1)(b) and (d), where a film is booked for one engagement only, the fee is as follows:
(a) one dollar and fifty cents per double reel, where the film is booked in a rural community, village or town with a population not exceeding three thousand people;
(b) two dollars and fifty cents per double reel, where the film is booked in a rural community, village or town with a population exceeding three thousand people and not exceeding seven thousand five hundred people; and
(c) four dollars per double reel, where the film is booked in a town or city exceeding seven thousand five hundred people.
2002, c.8, s.11; 2005-78; 2019, c.29, s.58
12A 35 mm film that is reissued shall be deemed to be a new film if it is reissued five years or more after the date it was originally issued.
13(1)Repealed: 2008-132
13(2)The Director may prohibit a performance in a theatre where the performance contains
(a) a graphic or prolonged scene of violence, torture, crime, cruelty, horror or human degradation,
(b) a scene of physical abuse or humiliation of a human being for the purposes of sexual gratification or portrayed as being pleasing to the victim,
(c) a scene of explicit and exploitive sexual activity involving a person who is or is intended to represent a person under 18 years of age, or
(d) a scene depicting, in an explicit manner, indignities to the human body or an animal.
2002, c.8, s.11; 2008-132
14(1)A person shall not operate a cinematograph in a theatre unless that person is qualified as a cinematograph operator under subsection (2) or is an apprentice to a cinematograph operator under subsection (3).
14(2)A cinematograph operator shall
(a) possess a certificate of qualification as a film projectionist issued by the Apprenticeship and Occupational Certification Board under the Apprenticeship and Occupational Certification Act, or
(b) have held a valid licence to operate a cinematograph under the Theatres, Cinematographs and Amusements Act immediately before July 1, 1989.
14(3)A person who is eighteen years of age or older and apprenticed to a cinematograph operator may operate a cinematograph under the supervision of the cinematograph operator.
90-36
15(1)A person who operates a cinematograph in a theatre shall not permit any person to enter or remain in the projection room during any performance, except a police officer, an inspector, a cinematograph operator, an apprentice to a cinematograph operator, a service technician, a fire inspector or the owner or manager of the theatre.
15(2)A person who operates a cinematograph in a theatre shall
(a) inspect and test the equipment and connections before each performance,
(b) inspect and repair all films before exhibiting the films,
(c) inform the theatre owner if a reel of film does not have the stamped band referred to in section 6,
(d) supervise the equipment when in operation,
(e) maintain a projection room in a neat and tidy condition,
(f) not exhibit a reel of film that does not have the stamped band referred to in section 6,
(g) not be under the influence of liquor or illegal use of drugs while operating a cinematograph, and
(h) not delay the access of a person referred to in subsection (1) to the projection room.
90-36
16A theatre owner who has been informed by a person who operates a cinematograph that a reel of film does not have the stamped band referred to in section 6, shall forthwith make a report to that effect to the Director and shall ensure that the reel of film or any portion of the reel is not exhibited.
90-36; 2002, c.8, s.11
17(1)A theatre owner who advertises a film that has been classified by the Director shall clearly indicate in the advertisement the classification and any information captions required by the Director to be displayed with the advertisement.
17(2)A theatre owner who exhibits a film that has been classified by the Director shall display at the entrance to the theatre a sign respecting the film, which sign shall be of a size and nature and contain such content and information captions as may be required by the Director.
2002, c.8, s.11
18The Minister may require a theatre owner to conspicuously post this Regulation or any extract from it in a theatre.
19A theatre owner shall not exhibit a film classified as 14 Accompaniment, 18 Accompaniment, Restricted or Adult to any person except as follows:
(a) a film classified as 14 Accompaniment may only be exhibited to a person who is 14 years of age or older or to a person under 14 years of age if the person is accompanied by and remains with a person who is 19 years of age or older;
(b) a film classified as 18 Accompaniment or Restricted may only be exhibited to a person who is 18 years of age or older or to a person who is between 14 years of age and 17 years of age, inclusive, if the person is accompanied by and remains with a person who is 19 years of age or older; or
(c) a film classified as Adult may only be exhibited to a person who is 18 years of age or older.
2008-132
20(1)A theatre owner shall not permit
(a) a child under the age of ten years to attend a theatre except at matinees on Saturdays, Sundays, holidays and school holidays, or
(b) a child under the age of sixteen years to attend a theatre after nine o’clock in the evening
unless the child is accompanied by an adult.
20(2)A theatre owner shall not permit a child under the age of sixteen years to attend a theatre during school hours.
21For the purposes of subsection 17(4) of the Act, an inspector
(a) may inspect any licence issued to a film exchange during normal business hours,
(b) may, at the request of the Minister, make such investigation into the circumstances of an applicant for a licence for a film exchange as may appear necessary,
(c) may seize a licence where the Minister has revoked or suspended the licence, and
(d) may, during the course of an inspection, seize a film where it is exhibited, displayed or made available to the public in violation of the Act or this Regulation.
2018-38
22Any film exhibited, displayed or made available to the public in violation of the Act or this Regulation may be seized by a police officer in accordance with the Provincial Offences Procedure Act.
2009-126
23Any film exhibited, displayed or made available to the public in violation of the Act or this Regulation may be forfeited and disposed of as directed by the Minister.
24This Regulation comes into force on July 1, 1989.
N.B. This Regulation is consolidated to December 20, 2019.