Acts and Regulations

91-95 - Videofilm

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 91-95
under the
Film and Video Act
(O.C. 91-395)
Filed May 15, 1991
Under section 21 of the Film and Video Act, the Lieutenant-Governor in Council makes the following Regulation:
2013-12
1This Regulation may be cited as the Videofilm Regulation - Film and Video Act.
2013-12
2In this Regulation
“Act” means the Film and Video Act;(Loi)
“classification catalogue” means a catalogue of videofilm titles prepared by the Director indicating the classification assigned to or adopted by the Director in respect of the videofilms listed in the catalogue and any captions assigned by the Director to the videofilms and includes any supplementary pages for the catalogue prepared by the Director;(catalogue de cote)
“police officer” means a police officer as defined in the Provincial Offences Procedure 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)
2002, c.8, s.12; 2008-133; 2013-12
3(1)Every person who operates or controls a video exchange and every video distributor shall apply for a licence to the Minister on a form provided by the Minister.
3(2)Before issuing a licence, 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 is payable on the first day of June in each year and is as follows:
(a) for a person who operates or controls a video exchange that carries videofilm titles exclusively in inventory
(i) if the video exchange carries less than 300 videofilm titles, $50.00, and
(ii) if the video exchange carries 300 or more videofilm titles, $200.00;
(b) for a person who operates or controls a video exchange that carries video game titles exclusively in inventory
(i) if the video exchange carries less than 300 video game titles, $50.00, and
(ii) if the video exchange carries 300 or more video game titles, $200.00;
(c) for a person who operates or controls a video exchange that carries videofilm and video game titles in inventory
(i) if the video exchange carries less than 300 videofilm and video game titles, $50.00, and
(ii) if the video exchange carries 300 or more videofilm and video game titles, $200.00; and
(d) for a video distributor, $500.00.
3(4)Notwithstanding subsection (3), for a person who operates or controls a video exchange and who commences operation after the thirtieth day of November in any year and for a video distributor who commences operation after the thirtieth day of November in any year, the fee is fifty per cent of the fee under subsection (3).
3(5)A licence expires on the thirty-first day of May in each year.
3(6)A licence issued by the Minister is the property of the Crown.
3(7)A licence obtained by a person who operates or controls a video exchange may be assigned or transferred upon obtaining the written approval of the Minister.
3(8)A person who operates or controls a video exchange shall post the licence at the video exchange in a conspicuous place.
92-49; 2008-131
4(1)The Director shall, when viewing a videofilm, consider the character and content of the videofilm in its entirety and may assign one of the following classifications:
(a) General;
(b) Parental Guidance;
(c) 14 Accompaniment;
(d) 18 Accompaniment;
(e) Restricted; or
(f) Adult.
4(2)The Director shall assign a classification of “General” if the content of the videofilm is considered suitable for viewing by all ages.
4(3)The Director shall assign a classification of “Parental Guidance” if the content of the videofilm is not considered suitable for viewing by all children and parental guidance is advised.
4(4)The Director shall assign a classification of “14 Accompaniment” if the content of the videofilm is considered suitable for viewing by persons who are 14 years of age or older.
4(5)The Director shall assign a classification of “18 Accompaniment” or “Restricted” if the content of the videofilm is considered suitable for viewing by persons who are 18 years of age or older.
4(6)The Director shall assign a classification of “Adult” if the content of the videofilm is considered suitable for viewing by persons who are 18 years of age or older and the primary premise of the videofilm is the depiction of explicit sexual activity, graphic nudity or graphic violence.
2002, c.8, s.12; 2008-133
4.1(1)The Director shall, when viewing or playing a video game, consider the character and content of the video game in its entirety and may assign one of the following classifications:
(a) Early Childhood;
(b) Everyone;
(c) Everyone 10 and older;
(d) Teen;
(e) Mature; or
(f) Adults Only.
4.1(2)The Director shall assign a classification of “Early Childhood” if the content of the video game is considered suitable for viewing and playing by persons who are 3 years of age or older and the video game does not contain any material that parents would find inappropriate.
4.1(3)The Director shall assign a classification of “Everyone” if the content of the video game is considered suitable for viewing and playing by persons who are 6 years of age or older.
4.1(4)The Director shall assign a classification of “Everyone 10 and older” if the content of the video game is considered suitable for viewing and playing by persons who are 10 years of age or older.
4.1(5)The Director shall assign a classification of “Teen” if the content of the video game is considered suitable for viewing and playing by persons who are 13 years of age or older.
4.1(6)The Director shall assign a classification of “Mature” if the content of the video game is considered suitable for viewing and playing by persons who are 17 years of age or older.
4.1(7)The Director shall assign a classification of “Adults Only” if the content of the video game is considered suitable for viewing and playing by persons who are 18 years of age or older.
2008-131
5For the purposes of paragraph 7(3)(a) of the Act,
(a) the Province of Nova Scotia is the jurisdiction for videofilms in the English language, and
(b) the Province of Quebec is the jurisdiction for videofilms in the French language.
92-145; 2018-38
5.1For the purposes of paragraph 7(5)(a) of the Act, the Province of Nova Scotia is the jurisdiction for video games in the English and French language.
2008-131; 2018-38
6A true copy of a videofilm classified by the Director may receive the same classification as the videofilm classified by the Director.
2002, c.8, s.12
6.1A true copy of a video game classified by the Director may receive the same classification as the video game classified by the Director.
2008-131
7A video distributor shall ensure that only true copies of a videofilm or video game classified by the Director are distributed to video exchanges.
2002, c.8, s.12; 2008-131
8The Director may assign one or more captions to any videofilm that has been classified and any person who operates or controls a video exchange and any video distributor who advertises the videofilm shall ensure that the captions appear in the advertising used in connection with the videofilm.
2002, c.8, s.12; 2008-133
8.1The Director may assign one or more content descriptors to any video game that has been classified and any person who operates or controls a video exchange and any video distributor who advertises the video game shall ensure that the content descriptors appear in the advertising used in connection with the video game.
2008-131
9(1)A videofilm that has been classified as 14 Accompaniment shall not be sold, leased, rented, exchanged or distributed to any person under 14 years of age.
9(2)A videofilm that has been classified as 18 Accompaniment, Restricted or Adult shall not be sold, leased, rented, exchanged or distributed to any person under 18 years of age.
2008-133
9.1(1)A video game that has been classified as Everyone shall not be sold, leased, rented, exchanged or distributed to any person under 6 years of age.
9.1(2)A video game that has been classified as Everyone 10 and older shall not be sold, leased, rented, exchanged or distributed to any person under 10 years of age.
9.1(3)A video game that has been classified as Teen shall not be sold, leased, rented, exchanged or distributed to any person under 13 years of age.
9.1(4)A video game that has been classified as Mature shall not be sold, leased, rented, exchanged or distributed to any person under 17 years of age.
9.1(5)A video game that has been classified as Adults Only shall not be sold, leased, rented, exchanged or distributed to any person under 18 years of age.
2008-131
10The following classes of videofilms are exempt from the requirement to be classified:
(a) educational videofilms used for instruction in educational institutions;
(b) cultural videofilms;
(c) heritage videofilms;
(d) religious videofilms;
(e) children’s cartoons;
(f) travelogues;
(g) political videofilms;
(h) videofilms used for industrial or business promotions;
(i) videofilms of sporting events; and
(j) instructional “how-to” videofilms, other than sexual.
11(1)A person who operates or controls a video exchange shall provide ready access by the public to one or more classification catalogues provided to the person by the Director and shall, upon receipt, update the catalogues with the supplementary pages provided by the Director.
11(2)Subject to subsection (3), a person who operates or controls a video exchange shall ensure that the appropriate classification sticker is affixed to each videofilm and to each container for the videofilm that is used for display purposes in accordance with the classification for the videofilm as shown in the classification catalogue.
11(3)A person who operates or controls a video exchange shall, in respect of a videofilm that is exempt from the requirement to be classified, ensure that a sticker is affixed to each videofilm and to each container for the videofilm that is used for display purposes indicating that the videofilm is exempt from classification.
11(4)A person who operates or controls a video exchange shall ensure that the appropriate classification sticker is affixed to each video game and to each container for the video game that is used for display purposes in accordance with the classification for the video game.
2002, c.8, s.12; 2008-131
12A person who operates or controls a video exchange shall, in respect of a videofilm that has been classified as Adult, ensure that any container for the videofilm that is used for display purposes
(a) is displayed in an area with restricted access that is segregated from the containers used for display purposes for other videofilms and that no one under the age of eighteen years is permitted to enter the area, or
(b) is covered with an opaque cover and displayed in an area separate from the containers used for display purposes for other videofilms and at a height of not less than 153 centimetres from the floor.
2008-133
12.1A person who operates or controls a video exchange shall, in respect of a video game that has been classified as Adults Only, ensure that any container for the video game that is used for display purposes
(a) is displayed in an area with restricted access that is segregated from the containers used for display purposes for other video games and that no one under 18 years of age is permitted to enter the area, or
(b) is covered with an opaque cover and displayed in an area separate from the containers used for display purposes for other video games and at a height of not less than 153 cm from the floor.
2008-131
13A person who operates or controls a video exchange shall, if required by the Minister,
(a) post a copy of this Regulation or any extract from it, and
(b) post such informational material for the public as the Minister may require
in the video exchange.
2008-131
14(1)Repealed: 2008-133
14(2)The Director may prohibit the distribution of a videofilm where the videofilm 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.
14(3)The Director may prohibit the distribution of a video game where the video game 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.12; 2008-131; 2008-133
15For the purposes of subsection 17(4) of the Act, an inspector may
(a) inspect any licence issued to a video distributor or a person who operates or controls a video exchange during normal business hours,
(b) at the request of the Minister, make such investigation into the circumstances of an applicant for any licence as may appear necessary,
(c) seize a licence where the Minister has revoked or suspended the licence, and
(d) during the course of an inspection, seize a videofilm or video game where it is exhibited, displayed or made available to the public in violation of the Act or this Regulation.
2008-131; 2018-38
16A police officer may seize any videofilm or video game exhibited, displayed or made available to the public in violation of the Act or this Regulation, in accordance with the Provincial Offences Procedures Act.
2008-131
17Any videofilm or video game 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.
2008-131
18This Regulation comes into force on June 1, 1991.
N.B. This Regulation is consolidated to May 15, 2018.