Exemption from classification
 23. (1) A person is exempt from section 10 of the Act in respect of a particular film that the person distributes or offers to distribute if the film, (a) promotes political goals or religious practices or beliefs; (b) consists of animated images ordinarily intended for viewing by all children; (c) consists of a record of an event or occasion provided to a person participating in the event or occasion; (d) has previously been transmitted in a manner capable of being received in Ontario by home receptors without the use of satellite dishes, electronic descramblers or other devices used for the same purpose in the version that it was transmitted; (e) is distributed only to a hospital or medical practitioner for use in medical education or treatment; (f) is distributed only to a school for educational purposes; (g) is distributed only to a public library; (h) is designed to provide information, education or instruction and is not a film described in clause (e), (f) or (g); (i) is designed for the purpose of advertising, demonstrating or instructing in the use of products or services and is not a trailer; or (j) is a video game that the Software Board has not classified.  O. Reg. 452/05, s. 23 (1). (2) A person is exempt from section 10 of the Act in respect of a particular film that the person exhibits if, (a) the film is an integral part of a concert, a theatrical stage production or a cultural, sporting or athletic event; (b) the film is a transmission of a live concert, a live theatrical stage production or a live cultural, sporting, athletic or other similar type of event; (c) subject to subsection (3), the person exhibits the film only in and under the sponsorship of a public library; (d) subject to subsection (3), a public art gallery exhibits the film only at the fixed premises occupied by the gallery; (e) the film is designed to provide information, education or instruction; (f) the film is designed for the purpose of advertising, demonstrating or instructing in the use of products or services and is not a trailer; (g) the film is transmitted to a private residence or premises for rented sleeping accommodation and is received only at the residence or premises; or (h) the film is a video game that the Software Board has not classified.  O. Reg. 452/05, s. 23 (2); O. Reg. 425/20, s. 1 (1). (3) Clauses (2) (c) and (d) do not apply if, (a) Consumer Protection BC or the Film Board has previously classified the film; (b) a sign is not displayed at the principal entrance to the premises where the film is being exhibited that indicates that persons under the age of 18 years are not permitted on the premises; or (c) a person apparently under the age of 18 years is present at the exhibition.  O. Reg. 452/05, s. 23 (3); O. Reg. 325/19, s. 11. (4) Despite anything in clause (1) (a), (b), (h), (i) or (j) or (2) (a), (b), (e), (f), (g) or (h), a person is not exempt from section 10 of the Act in respect of a particular film that the person distributes, offers to distribute or exhibits if the film, (a) contains the graphic depiction of violence involving bloodletting, torture, mutilation, or criminal activity; (b) contains a scene of intense horror; (c) contains the explicit depiction of urination, defecation or vomiting; (d) contains a scene depicting the taking of a drug or other illegal substance in a manner that encourages its unlawful use; (e) contains coarse language; (f) advocates terrorism or hatred based on a prohibited ground of discrimination under Part I of the Human Rights Code; (g) contains a scene where an animal has been abused in the making of the film; (h) contains a scene depicting the genital organs of a person; (i) contains the depiction of explicit sexual activity; (j) contains the depiction of the physical abuse or humiliation of human beings for purposes of sexual gratification or as pleasing to the victim; or (k) contains a scene where a person who is or is intended to represent a person under the age of 18 years appears nude or partially nude in a sexually suggestive context.  O. Reg. 452/05, s. 23 (4). (5) In addition to subsection (1) and despite subsection (4), (a) every Class A Distributor licensee is exempt from section 10 of the Act in respect of films the licensee distributes or offers to distribute under the licence to a Class A Retailer licensee; and (b) every Class A Retailer licensee is exempt from section 10 of the Act in respect of films the licensee distributes or offers to distribute under the licence to the public. O. Reg. 425/20, s. 1 (2).