jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1. In this Act, “Board” means the Ontario Film Review Board referred to in section 3; (“Commission”) “Director” means the Director appointed under this Act; (“directeur”) “distribute” means distribute for direct or indirect gain and includes rent, lease and sell; (“distribuer”) “exhibit”, when used in respect of film or moving pictures, means to show film for viewing for direct or indirect gain or for viewing by the public and “exhibition” has a corresponding meaning; (“projeter”, “projection”) “film” means cinematographic film, videotape and any other medium from which may be produced visual images that may be viewed as moving pictures and includes film that is used for advertising purposes; (“film”) “film depot” means any building or premises in which film is assembled for shipment; (“centre d’entreposage de films”) “film exchange” means the business of distributing film; (“centre de distribution de films”) “inspector” means an inspector appointed under this Act; (“inspecteur”) “Minister” means the minister responsible for the administration of this Act; (“ministre”) “projection equipment” or “projector” means the equipment necessary or used for the transducing from a film to moving images, including equipment for accompanying sound; (“appareils de projection”, “projecteur”) “regulations” means the regulations made under this Act; (“règlements”) “standard film” means cinematographic film of 35 millimetres or more in width. (“film standard”) R.S.O. 1990, c. T.6, s. 1; 1998, c. 18, Sched. E, s. 269; 2000, c. 26, Sched. B, s. 19 (1, 2).
Director
2. (1) The Deputy Minister may appoint a person as the Director to administer and enforce this Act and the regulations. 1998, c. 18, Sched. E, s. 270. Powers (2) The Director has all the powers of an inspector. 1998, c. 18, Sched. E, s. 270. Assistant Director (3) The Deputy Minister may appoint an Assistant Director who shall act as Director in the absence of the Director or when so instructed to act by the Director. 1998, c. 18, Sched. E, s. 270. Powers (4) When acting as the Director, an Assistant Director has all the powers of the Director. 1998, c. 18, Sched. E, s. 270.
Board
3. (1) The Ontario Film Review Board is continued under the name Ontario Film Review Board in English and Commission de contrôle cinématographique de l’Ontario in French and shall consist of a chair of the Board and such other persons as the Lieutenant Governor in Council may appoint. R.S.O. 1990, c. T.6, s. 3 (1). Chair, vice-chair (2) The Lieutenant Governor in Council may designate one member of the Board as chair and one or more members of the Board as a vice-chair. R.S.O. 1990, c. T.6, s. 3 (2). Annual report (3) The chair of the Board shall provide the Minister with an annual report on the activities of the Board. R.S.O. 1990, c. T.6, s. 3 (3). Idem (4) Upon receiving a report under subsection (3), the Minister shall forthwith lay the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. T.6, s. 3 (4). Remuneration (5) The members of the Board shall be paid such remuneration and expenses as may be fixed by the Lieutenant Governor in Council. R.S.O. 1990, c. T.6, s. 3 (5). Chair (6) The chair of the Board shall have general supervision and direction over the conduct of the affairs of the Board. R.S.O. 1990, c. T.6, s. 3 (6). Powers (7) The Board has power, (a) subject to the regulations, to approve, prohibit and regulate the exhibition and distribution of film in Ontario; (b) when authorized by the person submitting film for approval, to remove from the film any portion that it does not approve of for exhibition or distribution; (c) subject to the regulations, to approve, prohibit or regulate advertising in Ontario in connection with any film or the exhibition or distribution thereof; (d) to classify films in accordance with the classifications prescribed by the regulations; (e) to carry out its duties under this Act and the regulations. R.S.O. 1990, c. T.6, s. 3 (7); 2000, c. 26, Sched. B, s. 19 (3). Idem (8) The Board may designate one or more of its members to exercise the powers of the Board under clause (7) (c). R.S.O. 1990, c. T.6, s. 3 (8). Classifications prescribed by regulations (9) Films may be classified in accordance with the classifications prescribed by the regulations. 2000, c. 26, Sched. B, s. 19 (4). (10) Repealed: 2000, c. 26, Sched. B, s. 19 (4). Application (11) The Statutory Powers Procedure Act does not apply to decisions made by the Board. R.S.O. 1990, c. T.6, s. 3 (11); 1994, c. 27, s. 61.
Returns to be made to Director
5. The Director may require any person possessing or having control of films that have been approved by the Board to make a return to the Director showing the number and names of such films and any other information he or she may require. R.S.O. 1990, c. T.6, s. 5. Powers of Director
Cancellation, etc., of licence
6. (1) Non-compliance with an order issued under this Act directed to a licensee under this Act or contravention of a term or condition of a licence is grounds for which the Director may, after a hearing, refuse to renew or suspend or cancel the licence of the person to whom the order was directed or, in the case of a contravention of a term or condition, the licensee. R.S.O. 1990, c. T.6, s. 6 (1). Review of inspector’s order (2) Any person to whom an inspector has issued an order or who claims an interest in any projector, film or advertising turned over to or removed by an inspector may, within ten days after the issue of the order or after removal, apply to the Director for a review of the order or release of the projector, film or advertising and the Director may, after a hearing, confirm, vary or annul the order of the inspector or direct the release of the projector, film or advertising. R.S.O. 1990, c. T.6, s. 6 (2). Forfeiture of projector, etc. (3) Where a projector, film or advertising has been turned over to or removed by an inspector, (a) if no application for a review of the removal is made to the Director within ten days after the removal; or (b) if the Director finds after a hearing that the projector, film or advertising was installed, used, distributed, offered for distribution or exhibited in contravention of this Act or the regulations, the Director may, subject to appeal, direct that the projector, film or advertising is forfeited to the Crown. R.S.O. 1990, c. T.6, s. 6 (3). Determination of exemptions (4) The Director may determine on reasonable grounds whether a film or class of film meets the circumstances specified by the regulations for being or ceasing to be exempt from any provision of this Act or the regulations. 2004, c. 19, s. 22 (1). Notice (5) On making a determination under subsection (4) with respect to a film or class of film, the Director shall notify the person who exhibits or distributes the film or class of film. 2004, c. 19, s. 22 (1). Determination final (6) The Director’s determination is final. 2004, c. 19, s. 22 (1).
Obstruction of inspector
7. No person shall obstruct the Director, Assistant Director, a member of the Board or an inspector in the performance of his or her duties or furnish him or her with false information. R.S.O. 1990, c. T.6, s. 7.
Power of entry
8. (1) Every police officer in the performance of his or her duties may enter any theatre during an exhibition or performance. R.S.O. 1990, c. T.6, s. 8 (1). Fire Marshal, etc. (2) The Fire Marshal, Deputy Fire Marshal and every district deputy fire marshal, inspector or assistant to the Fire Marshal, appointed or designated under the Fire Marshals Act, may enter and inspect any theatre. R.S.O. 1990, c. T.6, s. 8 (2).
Issue, renewal, suspension, etc., of licences
9. (1) All licences and renewals, suspensions or cancellations thereof under this Act shall be issued or made by the Director. R.S.O. 1990, c. T.6, s. 9 (1). Continuation of licences pending renewal (2) Where, within the time prescribed therefor or, if no time is prescribed, before expiry of the licence, a licensee has applied for renewal of a licence and paid the required fee, the licence shall be deemed to continue, (a) until the renewal is granted; or (b) where the licensee is served with notice of a hearing by the Director, until the decision of the Director has become final. R.S.O. 1990, c. T.6, s. 9 (2); 1998, c. 18, Sched. E, s. 272. Notice of hearing (3) Where, under this Act, the Director is authorized to refuse to renew or to suspend or cancel a licence after a hearing, the notice of the hearing shall contain a statement of the facts or conduct which the Director believes warrant the intended action and shall afford to the licensee a reasonable opportunity to show or to achieve compliance before such hearing with all lawful requirements for the issue or retention of the licence. R.S.O. 1990, c. T.6, s. 9 (3). Examination of documentary evidence (4) The Director shall afford to an applicant or licensee who will be affected by a decision pursuant to a hearing, or a representative of the applicant or licensee, an opportunity to examine, before such hearing, any written or documentary evidence that will be introduced or any report the contents of which will be given in evidence at the hearing. R.S.O. 1990, c. T.6, s. 9 (4).
Confidentiality
9.1 (1) A person who obtains information in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations shall preserve secrecy with respect to the information and shall not communicate the information to any person except, (a) as may be required in connection with a proceeding under this Act or in connection with the administration of this Act or the regulations; (b) to a ministry, department or agency of a government engaged in the administration of legislation similar to this Act or legislation that protects consumers or to any other entity to which the administration of legislation similar to this Act or legislation that protects consumers has been assigned; (c) to an entity or organization prescribed by the regulations, if the purpose of the communication is consumer protection; (d) to a law enforcement agency; (e) to his, her or its counsel; or (f) with the consent of the person to whom the information relates. 2004, c. 19, s. 22 (2). Testimony (2) Except in a proceeding under this Act, no person shall be required to give testimony in a civil proceeding with regard to information obtained in the course of exercising a power or carrying out a duty related to the administration of this Act or the regulations. 2004, c. 19, s. 22 (2). Theatres
Classification of theatres
10. Theatres are classified and defined as follows: 1. Class A theatre means premises in which standard film is used to exhibit moving pictures. 2. Class B theatre means premises used primarily for the exhibition of film other than standard film. 3. Class C theatre means any premises in which film is exhibited and viewed by the public from vehicles and commonly known as a drive-in theatre. R.S.O. 1990, c. T.6, s. 10.
Theatre licence required
11. No person shall use any premises as a Class A, B or C theatre without an appropriate licence therefor under this Act. R.S.O. 1990, c. T.6, s. 11.
Application for licence
12. (1) Subject to subsection (2), an applicant for a theatre licence is entitled, upon submitting a completed application and on payment of the required fee, to be granted a theatre licence for the class of theatre prescribed by this Act applicable to the building in which the theatre is located, or the premises in which the films are exhibited. R.S.O. 1990, c. T.6, s. 12 (1); 1998, c. 18, Sched. E, s. 273. Refusal to issue licence (2) The Director may, after a hearing, refuse to issue a theatre licence to an applicant therefor if, (a) a theatre licence was previously issued to the applicant under this Act and such licence is suspended or such licence was cancelled and the grounds for such cancellation continue to exist; (b) the theatre or the building in which the theatre is located or the premises in which films are exhibited do not conform to the requirements of this Act and the regulations; or (c) the applicant is a corporation and the past conduct of an officer, director or shareholder affords reasonable grounds for belief that the applicant will not comply with this Act and the regulations in operating the theatre. R.S.O. 1990, c. T.6, s. 12 (2).
Application for renewal
13. Subject to section 14, the holder of a theatre licence is entitled to a renewal thereof upon application therefor and payment of the required fee. R.S.O. 1990, c. T.6, s. 13; 1998, c. 18, Sched. E, s. 274.
Refusal to renew, suspension or cancellation
14. (1) The Director may, after a hearing, refuse to renew, or suspend or cancel a theatre licence, (a) if the licensee, manager or person in charge of the theatre has contravened this Act or the regulations and the conduct of the licensee, manager or person raises a reasonable doubt as to whether the licensee, manager or person will comply with this Act and the regulations in operating the theatre; or (b) if the theatre, or the building in which the theatre is located or the premises in which the films are exhibited do not conform to the requirements of this Act and the regulations. R.S.O. 1990, c. T.6, s. 14 (1). Provisional suspension (2) The Director may provisionally suspend a theatre licence if he or she believes on reasonable grounds that the theatre cannot be safely operated as a theatre and shall immediately give notice of such provisional suspension to the licensee, manager or person in charge of the theatre. R.S.O. 1990, c. T.6, s. 14 (2). Hearing may be required (3) Where the Director has provisionally suspended a theatre licence under subsection (2), if the licensee, (a) within ten days after receiving notice of the provisional suspension requests the Director to hold a hearing, the Director shall hold a hearing and may thereafter revoke the provisional suspension or, if he or she finds that the theatre cannot be safely operated, may suspend or cancel the licence; or (b) does not request the Director to hold a hearing within ten days after receiving notice of the provisional suspension, the Director may cancel the licence and no new licence in place of it shall be issued until such time as the Director finds, on application of the licensee, that the theatre can be safely operated. R.S.O. 1990, c. T.6, s. 14 (3).
Display of licence
15. Every theatre licence shall be displayed at all times in a conspicuous place at the entrance to the theatre. R.S.O. 1990, c. T.6, s. 15.
Municipal licence
16. (1) No municipality shall, (a) license a theatre unless a licence therefor is in force under this Act; (b) refuse to license a theatre when a licence therefor is in force under this Act; or (c) charge a greater fee for licensing a theatre than that charged for a theatre licence under this Act in respect of the same theatre. R.S.O. 1990, c. T.6, s. 16 (1). Exception (2) Subsection (1) does not apply in respect of the licensing of an adult entertainment establishment under section 150 of the Municipal Act, 2001. R.S.O. 1990, c. T.6, s. 16 (2); 2002, c. 17, Sched. F, Table.
Duty of licensee, etc.
17. The licensee, manager or person in charge of a theatre is responsible for ensuring that the provisions of this Act and the regulations respecting theatres and the exhibition of moving pictures therein are complied with. R.S.O. 1990, c. T.6, s. 17. 18. Repealed: 1998, c. 18, Sched. E, s. 275.
Duty of licensee, etc.
18. Repealed: 1998, c. 18, Sched. E, s. 275.
Age restrictions on persons attending theatres
19. (1) No person apparently under twelve years of age not accompanied by a person apparently sixteen years or more of age shall be permitted to purchase a ticket of admission or be granted admission to an exhibition of moving pictures in a theatre, (a) after the hour of 7:30 p.m. on any day; (b) during the school term of public and secondary schools in the municipality in which the theatre is situated, except, (i) during school holidays between the hours of 9 a.m. and 7:30 p.m., and (ii) during any other day during the term between the hours of 3:30 p.m. and 7:30 p.m. R.S.O. 1990, c. T.6, s. 19 (1). Uniformed attendant (2) No film shall be exhibited in a theatre where a person under twelve years of age not accompanied by a person sixteen years of age or older is permitted to attend unless a person who is eighteen years of age or older dressed in a readily identifiable uniform is on duty in the theatre. R.S.O. 1990, c. T.6, s. 19 (2). Prohibition on unaccompanied minors to films in prescribed class (3) If a film classified in such class as may be prescribed by the regulations for the purposes of this subsection is about to be or is being exhibited in a theatre or other premises, no person shall grant admission, by sale of ticket or otherwise, to the theatre or other premises or give permission to remain in the theatre or other premises to the following persons, unless they are accompanied by a person who is apparently 18 years or more of age: 1. A minor apparently under the age prescribed by the regulations. 2. Another person apparently under 18 years of age. 2000, c. 26, Sched. B, s. 19 (6). Prohibition on admission of persons under 18 to films in prescribed class (4) No person shall grant admission, by sale of ticket or otherwise, to a theatre or other premises, or give permission to remain in a theatre or other premises where a film classified in such class as may be prescribed by the regulations for the purposes of this subsection is about to be or is being exhibited to a person apparently under 18 years of age. 2000, c. 26, Sched. B, s. 19 (6). Proof of age (5) Subsections (1), (3) and (4) do not apply where the person selling the ticket of admission or permitting admission to or remaining in the theatre or other premises has received satisfactory evidence that the person in question is the required age or older. R.S.O. 1990, c. T.6, s. 19 (5). Prosecution under subss. (1), (3) or (4) (6) In any prosecution for a contravention of subsection (1), (3) or (4), the court shall determine from the appearance of any person and other relevant circumstances whether he or she is apparently under the age referred to in subsection (1), (3) or (4). R.S.O. 1990, c. T.6, s. 19 (6). 20. Repealed: 1998, c. 18, Sched. E, s. 275.
Prosecution under subss. (1), (3) or (4)
20. Repealed: 1998, c. 18, Sched. E, s. 275.
National anthem
21. (1) The national anthem shall be played in every theatre at the commencement of the first or at the conclusion of the last exhibition or performance given each day. R.S.O. 1990, c. T.6, s. 21 (1). Idem (2) Where a matinee exhibition or performance is given and the theatre is closed for any period of time before the evening exhibitions or performances are given, the national anthem shall be played at the commencement or conclusion of the matinee exhibition or performance and at the commencement of the first or at the conclusion of the last evening exhibition or performance given each day. R.S.O. 1990, c. T.6, s. 21 (2).
Prohibiting construction of theatre near church
22. The council of a local municipality may pass by-laws prohibiting the construction of a theatre within sixty metres of a church or place of worship. R.S.O. 1990, c. T.6, s. 22; 2002, c. 17, Sched. F, Table. 23. Repealed: 2000, c. 26, Sched. B, s. 19 (7). 24. Repealed: 2000, c. 26, Sched. B, s. 19 (7). 25. Repealed: 2000, c. 26, Sched. B, s. 19 (8). 26. Repealed: 2000, c. 26, Sched. B, s. 19 (9). 27. Repealed: 2000, c. 26, Sched. B, s. 19 (9). 28. Repealed: 2000, c. 26, Sched. B, s. 19 (10). 29. Repealed: 2000, c. 26, Sched. B, s. 19 (11). 30. Repealed: 2000, c. 26, Sched. B, s. 19 (12). 31. Repealed: 2000, c. 26, Sched. B, s. 19 (13). 32. Repealed: 2000, c. 26, Sched. B, s. 19 (13). Approval of Films and Advertising
Prohibiting construction of theatre near church
23. Repealed: 2000, c. 26, Sched. B, s. 19 (7). 24. Repealed: 2000, c. 26, Sched. B, s. 19 (7). 25. Repealed: 2000, c. 26, Sched. B, s. 19 (8). 26. Repealed: 2000, c. 26, Sched. B, s. 19 (9). 27. Repealed: 2000, c. 26, Sched. B, s. 19 (9). 28. Repealed: 2000, c. 26, Sched. B, s. 19 (10). 29. Repealed: 2000, c. 26, Sched. B, s. 19 (11). 30. Repealed: 2000, c. 26, Sched. B, s. 19 (12). 31. Repealed: 2000, c. 26, Sched. B, s. 19 (13). 32. Repealed: 2000, c. 26, Sched. B, s. 19 (13). Approval of Films and Advertising
Prohibiting construction of theatre near church
24. Repealed: 2000, c. 26, Sched. B, s. 19 (7). 25. Repealed: 2000, c. 26, Sched. B, s. 19 (8). 26. Repealed: 2000, c. 26, Sched. B, s. 19 (9). 27. Repealed: 2000, c. 26, Sched. B, s. 19 (9). 28. Repealed: 2000, c. 26, Sched. B, s. 19 (10). 29. Repealed: 2000, c. 26, Sched. B, s. 19 (11). 30. Repealed: 2000, c. 26, Sched. B, s. 19 (12). 31. Repealed: 2000, c. 26, Sched. B, s. 19 (13). 32. Repealed: 2000, c. 26, Sched. B, s. 19 (13). Approval of Films and Advertising
Prohibiting construction of theatre near church
25. Repealed: 2000, c. 26, Sched. B, s. 19 (8). 26. Repealed: 2000, c. 26, Sched. B, s. 19 (9). 27. Repealed: 2000, c. 26, Sched. B, s. 19 (9). 28. Repealed: 2000, c. 26, Sched. B, s. 19 (10). 29. Repealed: 2000, c. 26, Sched. B, s. 19 (11). 30. Repealed: 2000, c. 26, Sched. B, s. 19 (12). 31. Repealed: 2000, c. 26, Sched. B, s. 19 (13). 32. Repealed: 2000, c. 26, Sched. B, s. 19 (13). Approval of Films and Advertising
Prohibiting construction of theatre near church
26. Repealed: 2000, c. 26, Sched. B, s. 19 (9). 27. Repealed: 2000, c. 26, Sched. B, s. 19 (9). 28. Repealed: 2000, c. 26, Sched. B, s. 19 (10). 29. Repealed: 2000, c. 26, Sched. B, s. 19 (11). 30. Repealed: 2000, c. 26, Sched. B, s. 19 (12). 31. Repealed: 2000, c. 26, Sched. B, s. 19 (13). 32. Repealed: 2000, c. 26, Sched. B, s. 19 (13). Approval of Films and Advertising
Prohibiting construction of theatre near church
27. Repealed: 2000, c. 26, Sched. B, s. 19 (9). 28. Repealed: 2000, c. 26, Sched. B, s. 19 (10). 29. Repealed: 2000, c. 26, Sched. B, s. 19 (11). 30. Repealed: 2000, c. 26, Sched. B, s. 19 (12). 31. Repealed: 2000, c. 26, Sched. B, s. 19 (13). 32. Repealed: 2000, c. 26, Sched. B, s. 19 (13). Approval of Films and Advertising
Prohibiting construction of theatre near church
28. Repealed: 2000, c. 26, Sched. B, s. 19 (10). 29. Repealed: 2000, c. 26, Sched. B, s. 19 (11). 30. Repealed: 2000, c. 26, Sched. B, s. 19 (12). 31. Repealed: 2000, c. 26, Sched. B, s. 19 (13). 32. Repealed: 2000, c. 26, Sched. B, s. 19 (13). Approval of Films and Advertising
Prohibiting construction of theatre near church
29. Repealed: 2000, c. 26, Sched. B, s. 19 (11). 30. Repealed: 2000, c. 26, Sched. B, s. 19 (12). 31. Repealed: 2000, c. 26, Sched. B, s. 19 (13). 32. Repealed: 2000, c. 26, Sched. B, s. 19 (13). Approval of Films and Advertising
Prohibiting construction of theatre near church
30. Repealed: 2000, c. 26, Sched. B, s. 19 (12). 31. Repealed: 2000, c. 26, Sched. B, s. 19 (13). 32. Repealed: 2000, c. 26, Sched. B, s. 19 (13). Approval of Films and Advertising
Prohibiting construction of theatre near church
31. Repealed: 2000, c. 26, Sched. B, s. 19 (13). 32. Repealed: 2000, c. 26, Sched. B, s. 19 (13). Approval of Films and Advertising
Prohibiting construction of theatre near church
32. Repealed: 2000, c. 26, Sched. B, s. 19 (13). Approval of Films and Advertising
Approval of film
33. (1) Before the exhibition or distribution in Ontario of a film, an application for approval to exhibit or distribute and for classification of the film shall be made to the Board. R.S.O. 1990, c. T.6, s. 33 (1). Approval (1.1) The Board may approve a film for exhibition and distribution in Ontario in accordance with the methods prescribed by the regulations. 1998, c. 18, Sched. E, s. 279 (1). Idem (2) After viewing a film, the Board, in accordance with the criteria prescribed by the regulations, may refuse to approve the film for exhibition or distribution in Ontario. R.S.O. 1990, c. T.6, s. 33 (2). Conditional (3) The Board, having regard to the criteria prescribed by the regulations, may make an approval conditional upon the film being exhibited in designated locations and on specified dates only. R.S.O. 1990, c. T.6, s. 33 (3). Quorum (4) Except if this Act provides otherwise, a quorum of the Board for the purpose of exercising a power under clause 3 (7) (a) or (d) is the number of members that the chair specifies. 2004, c. 19, s. 22 (3). Review of decision (5) Where a film has been submitted for approval and classification under subsection (1), the person submitting the film, on payment of the required fee, may appeal the Board’s decision by submitting the film for reconsideration by a panel of the Board and that panel, after viewing the film, shall make a decision on its approval and classification. R.S.O. 1990, c. T.6, s. 33 (5); 1998, c. 18, Sched. E, s. 279 (3). Decision final (6) A decision by a panel of the Board under subsection (5) as to classification is final. R.S.O. 1990, c. T.6, s. 33 (6). Panel (7) The panel referred to in subsection (5) shall be composed of at least five members, none of whom had participated in a previous decision on the film. R.S.O. 1990, c. T.6, s. 33 (7). Appeal (8) A person who has appealed under subsection (5) may appeal the Board’s decision as to approval to the Divisional Court in accordance with the rules of court and, where there is an appeal, the Minister is entitled to be heard. R.S.O. 1990, c. T.6, s. 33 (8). Powers of Court on appeal (9) An appeal under subsection (8) may be made on question of law or fact or both and the Court may affirm or may rescind the decision of the Board and may direct the Board to take any action that the Board may take and as the Court considers proper. R.S.O. 1990, c. T.6, s. 33 (9).
Reconsideration of film by Board
34. (1) Where the chair of the Board is of the opinion that the criteria prescribed by regulation respecting subject-matter or content in films have changed since a film was originally approved and classified and that the film may not be entitled to the approval or classification determined at the time of the original decision, the chair may require that the film be submitted for reconsideration by the Board. R.S.O. 1990, c. T.6, s. 34 (1). Idem (2) Where a film is submitted for reconsideration under subsection (1), section 33 applies with necessary modifications except that no fees shall be charged. R.S.O. 1990, c. T.6, s. 34 (2).
Indication of approval
35. Where a film is approved by the Board, the approval shall be indicated in the manner prescribed by the regulations. R.S.O. 1990, c. T.6, s. 35.
Submission for approval
36. (1) An application under section 33 shall be made in the manner prescribed by the regulations and be accompanied by the required fee. R.S.O. 1990, c. T.6, s. 36; 1998, c. 18, Sched. E, s. 280. Format and information (2) The Board may require that a person who applies to the Board for approval to exhibit or distribute a film or for classification of a film submit the film to the Board in a format that the Board requires, together with all other information relating to the film and its exhibition and distribution that the Board requires. 2004, c. 19, s. 22 (4).
Exhibition of film
37. (1) No person shall exhibit, distribute or offer to distribute or cause to be exhibited, distributed or offered for distribution in Ontario any film that has not been approved by the Board. R.S.O. 1990, c. T.6, s. 37 (1). Idem (2) No person shall exhibit or cause to be exhibited in Ontario any film that has been approved by the Board subject to any conditions except in accordance with those conditions. R.S.O. 1990, c. T.6, s. 37 (2).
Alteration of film
38. (1) No person shall alter or cause to be altered, for the purpose of exhibition or distribution in Ontario, any film from its state as approved by the Board. R.S.O. 1990, c. T.6, s. 38. Undertaking (2) The Board may require that a person who distributes a film of a class prescribed by the regulations confirm by an undertaking or whatever other means the Board requires that the contents of the film are identical to a film that the Board has previously approved and classified if the film being distributed is in a format different from that of the film that the Board has previously approved and classified. 2004, c. 19, s. 22 (5). 39. Repealed: 2000, c. 26, Sched. B, s. 19 (14). Film Exchanges
Undertaking
39. Repealed: 2000, c. 26, Sched. B, s. 19 (14). Film Exchanges
Film exchange licence 
40. No person shall carry on the business of a film exchange without a licence therefor from the Director. R.S.O. 1990, c. T.6, s. 40.
Application for licence
41. (1) Subject to subsection (2), an applicant for a film exchange licence is entitled, on payment of the required fee, to be granted a film exchange licence. R.S.O. 1990, c. T.6, s. 41 (1); 1998, c. 18, Sched. E, s. 282 (1). Refusal to issue (2) The Director may, after a hearing, refuse to issue a film exchange licence to an applicant therefor, (a) if a film exchange licence was previously issued to the applicant under this Act and the licence is suspended or the licence was cancelled and the grounds for the cancellation continue to exist; (b) where the application is for a standard film exchange licence, if the building in which the film exchange is located, (i) Repealed: 1998, c. 18, Sched. E, s. 282 (2). (ii) is occupied in whole or in part as a dwelling, (iii) is occupied in whole or in part by another business that is dangerous to the carrying on of the business of the film exchange, or (iv) otherwise does not comply with this Act and the regulations; or (c) where the applicant is a corporation and the past conduct of an officer, director or shareholder affords reasonable grounds for belief that the applicant will not comply with this Act and the regulations in carrying on the business of a film exchange. R.S.O. 1990, c. T.6, s. 41 (2); 1998, c. 18, Sched. E, s. 282 (2).
Renewal of licence
42. Subject to section 44, the holder of a film exchange licence is entitled to a renewal thereof upon application therefor and payment of the required fee. R.S.O. 1990, c. T.6, s. 42; 1998, c. 18, Sched. E, s. 283.
Transfer of licence
43. (1) The holder of a film exchange licence is entitled to transfer the licence with the written consent of the Director. R.S.O. 1990, c. T.6, s. 43 (1). Consent of Director (2) The Director shall not refuse his or her consent under subsection (1) if the transferee would be entitled to the issue of the film exchange licence upon application therefor. R.S.O. 1990, c. T.6, s. 43 (2).
Refusal to renew, suspension or cancellation
44. The Director may, after a hearing, refuse to renew or suspend or cancel any film exchange licence if, (a) the licensee has contravened this Act or the regulations and the licensee’s conduct raises a reasonable doubt as to whether the licensee will comply with this Act and the regulations in carrying on the business of a film exchange; or (b) the issue of a licence would be refused under clause 41 (2) (b) if the licensee were an applicant for a licence. R.S.O. 1990, c. T.6, s. 44.
Distribution of standard film
45. No film exchange shall supply standard film to any person who does not hold a theatre licence under this Act or a licence under this Act to exhibit standard film in any building or premises other than a theatre in respect of which a licence is in force under this Act. R.S.O. 1990, c. T.6, s. 45. 46. Repealed: 2000, c. 26, Sched. B, s. 19 (15).
Distribution of standard film
46. Repealed: 2000, c. 26, Sched. B, s. 19 (15).
Distribution of films
47. (1) No film exchange or agent or employee of a film exchange shall distribute a film classified in such class as may be prescribed by the regulations for the purposes of this section to any person apparently under the age of 18 years. 2000, c. 26, Sched. B, s. 19 (16). Proof of age (2) Subsection (1) does not apply where the agent or employee has received satisfactory evidence that the person in question is eighteen years of age or more. R.S.O. 1990, c. T.6, s. 47 (2). Prosecution under subs. (1) (3) In any prosecution for a contravention of subsection (1), the Court shall determine from the appearance of any person and other relevant circumstances whether he or she is apparently under eighteen years of age. R.S.O. 1990, c. T.6, s. 47 (3). 48. Repealed: 1998, c. 18, Sched. E, s. 284. 49. Repealed: 1998, c. 18, Sched. E, s. 284. Miscellaneous Licences 50. Repealed: 1998, c. 18, Sched. E, s. 284.
Prosecution under subs. (1)
48. Repealed: 1998, c. 18, Sched. E, s. 284. 49. Repealed: 1998, c. 18, Sched. E, s. 284. Miscellaneous Licences 50. Repealed: 1998, c. 18, Sched. E, s. 284.
Prosecution under subs. (1)
49. Repealed: 1998, c. 18, Sched. E, s. 284. Miscellaneous Licences 50. Repealed: 1998, c. 18, Sched. E, s. 284.
Prosecution under subs. (1)
50. Repealed: 1998, c. 18, Sched. E, s. 284.
Licence to exhibit standard film elsewhere than in theatre
51. (1) No person shall exhibit standard film in any building or premises other than a theatre in respect of which a licence is in force under this Act without a licence therefor from the Director. R.S.O. 1990, c. T.6, s. 51 (1). Issue (2) Subject to section 52, an applicant for a licence under this section is entitled, on payment of the required fee, to be issued the licence. R.S.O. 1990, c. T.6, s. 51 (2); 1998, c. 18, Sched. E, s. 285. Term of licence (3) A licence issued under this section remains in force for such term as is specified in the licence. R.S.O. 1990, c. T.6, s. 51 (3).
Refusal to issue and cancellation
52. (1) The Director may, after a hearing, refuse to issue a licence under section 51 if, (a) the applicant has previously been issued a licence of the type applied for if the licence was cancelled and the grounds for cancellation still exist; or (b) the applicant is a corporation and the past conduct of an officer, director or shareholder affords reasonable grounds for belief that the applicant will not comply with this Act and the regulations concerning the operating of projectors or exhibiting films. R.S.O. 1990, c. T.6, s. 52 (1); 1998, c. 18, Sched. E, s. 286. Cancellation (2) The Director may, after a hearing, cancel a licence issued under section 50 or 51 if the licensee has contravened this Act or the regulations and the licensee’s conduct raises a reasonable doubt as to whether the licensee will comply with this Act and the regulations in operating a projector or exhibiting films under the licence. R.S.O. 1990, c. T.6, s. 52 (2). Appeal
Suspension period limited
53. No licence shall be suspended under this Act for a period longer than three months. R.S.O. 1990, c. T.6, s. 53.
Appeal to judge
54. (1) Any person who considers themself aggrieved by a decision of the Director or Assistant Director under this Act may, within fifteen days after receipt of the decision, appeal to a judge of the Superior Court of Justice, by applying for a hearing. R.S.O. 1990, c. T.6, s. 54 (1); 1993, c. 27, Sched.; 2001, c. 9, Sched. D, s. 14. Extension of time for appeal (2) A judge to whom an application is made under subsection (1) may extend the time for making the application, either before or after expiration of the time fixed therein, where he or she is satisfied that there are apparent grounds for appeal and that there are reasonable grounds for applying for the extension and may give such direction as he or she considers proper consequent upon the extension. R.S.O. 1990, c. T.6, s. 54 (2). New hearing (3) Where a person appeals under this section to a judge, the judge shall appoint a time for and hear the appeal by way of a new hearing and the judge may affirm or reverse the decision of the Director or make a new decision in substitution therefor and for such purpose has all the powers of the Director to make such decision as he or she considers proper. R.S.O. 1990, c. T.6, s. 54 (3). Parties (4) The appellant and the Director or the Assistant Director from whose decision the appeal is taken are parties to an appeal under this section. R.S.O. 1990, c. T.6, s. 54 (4). Recording of evidence (5) The oral evidence taken before the judge at a hearing shall be recorded, and if so required, copies of a transcript thereof shall be furnished upon the same terms as in the Superior Court of Justice. R.S.O. 1990, c. T.6, s. 54 (5); 2001, c. 9, Sched. D, s. 14. Findings of fact (6) The findings of fact of a judge pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act. R.S.O. 1990, c. T.6, s. 54 (6).
Appeal to court
55. (1) Any party to a proceeding before a judge under section 54 may appeal from his or her decision to the Divisional Court in accordance with the rules of court. R.S.O. 1990, c. T.6, s. 55 (1). Minister entitled to be heard (2) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under this section. R.S.O. 1990, c. T.6, s. 55 (2). Powers of court (3) An appeal under this section may be made on questions of law or fact or both and the court may exercise all the powers of the judge, and for such purpose the court may substitute its opinion for that of the Director or of the judge, or the court may refer the matter back to the judge for rehearing, in whole or in part, in accordance with such directions as the court considers proper. R.S.O. 1990, c. T.6, s. 55 (3).
Effect of appeal on suspension, etc.
56. The bringing of an appeal under section 53 or 54 does not affect the suspension or cancellation of a licence pending the disposition of the appeal. R.S.O. 1990, c. T.6, s. 56.
Amendment of suspension, etc., by Minister
57. Where a licence has been suspended or cancelled under this Act pursuant to a decision of the Director or Assistant Director or by a judge or court on appeal therefrom, the Minister may, where he or she considers that undue hardship will be caused by such suspension or cancellation, and that it is not contrary to the purposes of this Act to do so, annul the suspension or cancellation. R.S.O. 1990, c. T.6, s. 57.
Power of Minister
57.1 (1) The Minister may by order require the payment of fees under this Act and approve the amount of those fees for, (a) Repealed: 2000, c. 26, Sched. B, s. 19 (17). (b) Repealed: 2000, c. 26, Sched. B, s. 19 (17). (c) classification or approval of films; (d) a review under section 33; (e) Repealed: 2000, c. 26, Sched. B, s. 19 (17). (f) certificates of approval and duplicates of these certificates; (f.1) providing to the Board the confirmation described in subsection 38 (2); (g) licences to exhibit standard film in buildings or premises other than a theatre in respect of which a licence is in force under this Act. 1998, c. 18, Sched. E, s. 287; 2000, c. 26, Sched. B, s. 19 (17); 2004, c. 19, s. 22 (6). Exemption from fees (2) The Minister may by order, in the circumstances that the Minister considers appropriate and sets out in the order, exempt an applicant for an application for approval to exhibit or distribute films or for the classification of films from the requirement to pay fees under this Act. 2004, c. 19, s. 22 (7). Offence
Offence
58. (1) Every person who, (a) knowingly furnishes false information in any application under this Act or in any statement or return required to be furnished under this Act or the regulations; (b) knowingly fails to comply with any order, direction or other requirement made under this Act; or (c) contravenes this Act or the regulations, and every director or officer of a corporation who knowingly concurs in such furnishing, failure or contravention is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both. R.S.O. 1990, c. T.6, s. 58 (1). Corporations (2) Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed upon the corporation is $100,000 and not as provided therein. R.S.O. 1990, c. T.6, s. 58 (2).
Certificate by Director
59. A statement as to, (a) the licensing or non-licensing of any person; (b) the classification of any film; (c) the approval or non-approval of any film; or (d) the approval or non-approval of any advertising, purporting to be certified by the Director is, without proof of the office or signature of the Director, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein for all purposes in any action, proceeding or prosecution. R.S.O. 1990, c. T.6, s. 59. Regulations