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Film
Classification Act, 2005 in effect on August 31, 2005
On August 31, 2005 the Film
Classification Act, 2005 (the Act) and Ontario Regulation 452/05 will come into effect. The Act,
which was passed on May 30, 2005, replaces the Theatres Act, and provides a modern legislative
framework to govern film and video exhibition and distribution.
The main features of the Film Classification Act, 2005 are as follows:
- it reflects the direction given by the Superior Court of Ontario court in the Glad Day Bookshops case;
- it continues to require classification of mainstream films by the Ontario Film Board (OFRB) to ensure
that consumers are provided with information to make informed viewing choices regarding
the content and age-appropriateness of films;
- it continues to require that adult sex films be approved by the OFRB;
- it recognizes video game classifications of the Entertainment Software Rating Board;
- it expands exemptions from licensing and classification requirements.
The Act sets out a mandatory regulatory
scheme. Compliance action may be taken against those
found in violation of the Act or regulations. Types of action that can be taken
include a warning, removal and forfeiture of films, licence suspension or revocation,
or prosecution. If convicted, individuals can face fines of up to $50,000 or
imprisonment for a term of not more than two years less a day, or both.
Corporations are liable to fines up to $250,000.
The attached summary identifies the main features of the new Act. For accurate and detailed information,
reference should be made to the Act and regulation for complete requirements. A copy of these are available on
the Government of Ontario's e-Laws Web site, www.e-laws.gov.on.ca.
For more information contact:
Ministry of Consumer Services
Theatres Regulation Unit
(416) 314-3626 or 1-800-268-6024
Film Classification Act, 2005, and Ontario Regulation 452/05 - Highlights
A film classification and approval regime which carries forward the regulatory
changes passed in July 2004 includes the following:
- New mandatory film labelling effective January 1, 2006
- New adult sex stickering requirements effective August 31, 2005
- Mandatory classification of video games and enforcement of age
restrictions of ratings of the Entertainment Software Rating Board (ESRB)
- New classification rules for the exhibition of trailers
- New exemptions for licensing and classification requirements
- More detailed provisions regarding compliance and enforcement
- New classes of licenses for film exhibitors, retailers, and distributors
including limits on their activities and new licensing requirements
NOTE: Licences issued under the former Theatres Act that are in force
as of August 31, 2005 are continued, until their expiry date, as approximate
equivalent licenses under the new Act. Classes of licence are as follows. In
addition to reference to the new Act and regulations, reference must be made
to the former Ontario Regulation 1031 under the Theatres Act for complete details:
| Theatres Act |
Film Classification Act, 2005 |
| Class A theatre licence
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Class A and B Exhibitor licence
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| Class B theatre licence
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Class A and B Exhibitor licence
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| Class C theatre licence
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Class C Exhibitor licence
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| Film exchange — distributor
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Class B Distributor licence
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| Film exchange — retailer
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Class B Retailer licence
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