Film and Video Regulation

Film and Video Regulation, M.R. 149/2018 The Film and Video Classification and Distribution Act , C.C.S.M. c. F53 Regulation 149/2018 Registered November 9, 2018 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Classification scheme for films in theatres 3 Films distributed by adult films distributors and adult film retailers 4 Non-theatrical films 5 Public libraries 6 Exemption for film festivals 7 Licence applications 8 Fees 9 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Film and Video Classification and Distribution Act . («  Loi  ») "licence" means a licence issued under the Act to act as a film distributor or an adult film distributor. (« permis ») Classification Scheme For Films Classification scheme for films in theatres 2(1) The director must classify a film to be distributed for the purpose of exhibition in a theatre, or to be exhibited in a theatre, into one of the following categories: General Suitable for viewing by persons of all ages. Occasional violence, swearing and coarse language, and the most innocent of sexually suggestive scenes and nudity, are permitted in this category. Parental Guidance Parental guidance advised. Theme or content may not be suitable for all children although there is no age restriction. Films in this category may contain less subtle sexually suggestive scenes and nudity and a more realistic portrayal of violence than in the General category; coarse language may occur more often than in the General category. 14A Suitable for persons 14 years of age or older. Persons under 14 years of age must view these films accompanied by an adult. Films in this category may contain violence, coarse language or sexually suggestive scenes, or any combination of them. 18A Persons under 18 years of age must view these films accompanied by an adult. Films in this category will contain horror, explicit violence, frequent coarse language or scenes that are more sexually suggestive than in the 14A category, or any combination of them. Restricted Restricted to persons 18 years of age and over. Persons under 18 years of age are not permitted to attend under any circumstances. These films are "adult films", as defined in the Act, and may contain explicit sexual scenes or violence or any combination of them. The director will assign this classification to a film if the director considers that the theme, subject matter or plot of the adult film is artistic, historical, political, educational or scientific. Adult Restricted to persons 18 years of age and over. Persons under 18 years of age are not permitted to attend under any circumstances. These films are "adult films", as defined in the Act, and may contain explicit sexual scenes or scenes of brutality or torture to persons or animals, or any combination of them, that are portrayed in a realistic and explicit manner. 2(2) The following definitions apply in this section: "explicit sexual scenes" means scenes in the film that depict a sexual act, the occurrence of which is actually visible by the viewer. (« scène de sexualité explicite ») "sexual act" means a real or simulated act of (a) intercourse or masturbation, (b) genital–genital, genital–anal, oral– genital or oral–anal connection between human beings, or (c) genital connection between human beings and objects. (« acte sexuel ») "sexually suggestive scenes" means scenes in a film that depict (a) sexual activity other than explicit sexual scenes, or (b) a sexual act that is not actually visible to the viewer, but the scene and the context in which it appears are intended to suggest that a sexual act is or may be occurring. (« scène de sexualité implicite ») Films distributed by adult films distributors and adult film retailers 3 The director must classify an adult film in accordance with the classification scheme established under section 2 before the film is distributed by an adult film distributor or an adult film retailer. Non-theatrical films 4 For the purpose of section 9 of the Act, (a) a film that is (i) a video game must be classified by the Entertainment Software Rating Board, and (ii) a film other than a video game must be classified by one of the following: (A) the Canadian Home Video Rating System, (B) the Motion Picture Association of America, (C) a person or body established or designated for the purpose of classifying films under an enactment of a Canadian province or territory or a foreign jurisdiction; and (b) the packaging of a video game or film must bear a visible symbol or logo of the classification assigned to game or film by the person or body that classified it. Exemptions Public libraries 5 Municipal public libraries and regional libraries under The Public Libraries Act are exempt from sections 4 and 5 of the Act. Exemption for film festivals 6(1) The director may exempt a non-profit cultural organization that conducts a film festival from sections 4 and 5 of the Act if the director considers that the organization has as its objects the encouragement and appreciation of films as a medium of art, information or education. 6(2) To obtain an exemption under this section, an organization must apply to the director in the form and manner, and provide the information, specified by the director. 6(3) An organization that is exempt under this section must ensure that it classifies every film it exhibits in accordance with one of the following classification schemes: (a) the classification scheme established under section 2, in conjunction with any additional guidelines provided by the director; (b) the classification scheme of the Canadian Home Video Rating System; (c) the classification scheme of a person or body established or designated for the purpose of classifying films under an enactment of a Canadian province or territory. 6(4) An organization that classifies a film it exhibits as 18A, and ensures that persons under 18 years of age are only permitted to view the film if they are accompanied by an adult, is deemed to have complied with subsection (3). 6(5) An organization acting under this section must ensure that the classification of any film it exhibits is communicated or made available to patrons before the film is exhibited. Licensing Licence applications 7(1) To become a licensee or to renew a licence, a person must (a) request from the director an application form for the applicable type of licence or renewal; (b) provide the accurately completed application form to the director; (c) provide a criminal record check and a child abuse registry check, or for a renewal, provide such an update as may be requested by the director; and (d) pay the applicable licence or renewal fee set out in section 8. 7(2) If the applicant for a licence or the renewal of a licence is a corporation or partnership, each officer and director of the corporation, in the case of a corporation, or each partner in the case of a partnership, must (a) complete the application form provided by the director; and (b) provide a criminal record check and a child abuse registry check. 7(3) A criminal record check or a child abuse registry check required to be provided under this section must be dated within the six months before it is given to the director. 7(4) A person is authorized to act as a film distributor or an adult film distributor in Manitoba if the person holds a licence to act in that capacity that is recognized in Manitoba in accordance with an agreement entered into under section 18 of the Act. Fees Fees 8 The fees to be prescribed under the Act are as follows: (a) annual license fee: (i) film distributor: Coming Into Force Coming into force 9 This regulation comes into force on the same day that The Film and Video Classification and Distribution Act , S.M. 2018, c. 11, comes into force.