O. Reg. 248/95: ADULT SEX FILM STICKERS

Theatres Act
Loi sur les cinémas

ONTARIO REGULATION 248/95

Amended to O. Reg. 316/00

ADULT SEX FILM STICKERS

Historical version for the period August 30, 2000 to July 28, 2005.

This Regulation is made in English only.

1. (1) In this Regulation,

“adult sex film” means a film depicting explicit sexual acts visible by the viewer which the Board has classified as restricted and approved for viewing as an adult sex film, but does not include a standard film;

“cassette” means the physical structure or mechanism in which an adult sex film is contained if the film is a videotape;

“exterior container” means the packaging in which an adult sex film is contained and that is displayed to the purchaser or renter of the film but does not include the cassette. O. Reg. 248/95, s. 1 (1); O. Reg. 316/00, s. 2.

(2) In this Regulation, the terms “film exchange-distributor” and “film exchange-retailer” have the same meaning as in Regulation 1031 of the Revised Regulations of Ontario, 1990. O. Reg. 248/95, s. 1 (2).

2. (1) It is a condition of a film exchange-distributor licence and of a film exchange-retailer licence that the holder of the licence shall not distribute any adult sex film unless there is affixed to the cassette or exterior container of the adult sex film a sticker in a form approved by the Director. O. Reg. 316/00, s. 3.

(2) The sticker that is affixed to the exterior container of an adult sex film shall be in a conspicuous place on the outside of the container and under shrink wrapping, if there is any on the container. O. Reg. 316/00, s. 3.

(3) It is a condition of a film exchange-distributor licence and of a film exchange-retailer licence that the holder of the licence shall not distribute any adult sex film to which an adult sex film sticker is affixed if the Board has not approved the film as the Act requires. O. Reg. 316/00, s. 3.

(4) This section does not apply to adult sex films acquired from a licensed film exchange-distributor before July 1, 1995. O. Reg. 248/95, s. 2 (4).

3. (1) No film exchange-distributor or film exchange-retailer may distribute an adult sex film acquired on or after July 1, 1995 unless an adult sex film sticker has been affixed to it in accordance with section 2. O. Reg. 316/00, s. 4.

(2) No film exchange-distributor or film exchange-retailer may distribute an adult sex film acquired on or after July 1, 1995 and to which an adult sex film sticker is affixed unless the Board has approved the film as the Act requires. O. Reg. 316/00, s. 4.

4. (1) No person, other than a film exchange-distributor, its agent authorized in writing or a person designated by the Director, may purchase and affix adult sex film stickers to adult sex films. O. Reg. 316/00, s. 5  (1).

(2) A film exchange-retailer may not be an agent for the purposes of subsection (1). O. Reg. 248/95, s. 4 (2).

(3) If the licence of a film exchange-distributor expires or if the Director refuses to renew the licence or suspends or cancels it, the holder of the licence shall return all unused adult sex film stickers in its possession to the Director or, at the request of an inspector, to the inspector. O. Reg. 316/00, s. 5 (2).

5. No film exchange-distributor shall distribute an adult sex film unless it is to a licensed film exchange-retailer. O. Reg. 248/95, s. 5.

6. No film exchange-retailer shall distribute an adult sex film unless it has been acquired from a licensed film exchange-distributor. O. Reg. 248/95, s. 6.

7. (1) Every film exchange-distributor that distributes adult sex films shall maintain a record that sets out,

(a) the title of each adult sex film distributed;

(b) the number of the certificate of approval given by the Board; and

(c) Revoked: O. Reg. 316/00, s. 6.

(d) Revoked: O. Reg. 316/00, s. 6.

(e) the batch numbers of adult sex film stickers purchased.

(f) Revoked: O. Reg. 316/00, s. 6.

O. Reg. 248/95, s. 7 (1); O. Reg. 316/00, s. 6.

(2) A copy of the record shall be kept at the address of the film exchange-distributor as shown on the licence. O. Reg. 248/95, s. 7 (2).

(3) A copy of the record shall be made available during regular business hours at the licensed address of the film exchange-distributor for inspection and copying by an inspector. O. Reg. 248/95, s. 7 (3).

8. (1) Every film exchange-retailer that distributes adult sex films shall maintain a record that includes,

(a) an inventory of all adult sex films including, for each adult sex film,

(i) the title of the film,

(ii) the number of copies of the film, and

(iii) the name and licence number of the film exchange-distributor that provided the film; and

(b) the name and licence number of the film exchange-retailer. O. Reg. 248/95, s. 8 (1).

(2) A copy of the record shall be maintained at the address of the film exchange-retailer shown on its licence. O. Reg. 248/95, s. 8 (2).

(3) A copy of the record shall be made available during regular business hours by the film exchange-retailer at the licensed address for inspection and copying by an inspector. O. Reg. 248/95, s. 8 (3).

9. It is a condition of a film exchange-retailer licence that the holder of the licence shall not, after August 1, 1995, distribute any adult sex film acquired before July 1, 1995 unless there is affixed to the cassette and the exterior container of the adult sex film an initial adult sex film inventory sticker in a form approved by the Director. O. Reg. 316/00, s. 7.

9.1 No film exchange-retailer may, after August 1, 1995, distribute an adult sex film acquired before July 1, 1995 unless an initial adult sex film inventory sticker has been affixed to it in accordance with section 9. O. Reg. 316/00, s. 8.

10. (1) Initial adult sex film inventory stickers shall be acquired and affixed to adult sex films only by a film exchange-retailer. O. Reg. 248/95, s. 10 (1).

(2) This section applies only in respect of adult sex films acquired by the film exchange-retailer before July 1, 1995 and distributed after August 1, 1995. O. Reg. 248/95, s. 10 (2).

11. (1) Every film exchange-retailer that distributes adult sex films shall maintain an initial adult sex film inventory. O. Reg. 248/95, s. 11 (1).

(2) An initial adult sex film inventory shall contain a record that sets out,

(a) the title of each adult sex film owned, held on consignment, rented or leased to third parties or otherwise in the possession of the film exchange-retailer for purposes of distribution on July 1, 1995; and

(b) a list of consecutive serial numbers contained on the stickers affixed to adult sex films by the film exchange-retailer in accordance with section 9. O. Reg. 248/95, s. 11 (2).

(3) A copy of the record shall be kept at the address of the film exchange-retailer as shown on the licence. O. Reg. 248/95, s. 11 (3).

(4) A copy of the record shall be made available during regular business hours at the licensed address of the film exchange-retailer for inspection and copying by an inspector. O. Reg. 248/95, s. 11 (4).

12. The records required to be kept under sections 7, 8 and 11 may be maintained by means of an electronic device if a paper copy of the information may be readily produced for inspection and copying. O. Reg. 248/95, s. 12.

13. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 248/95, s. 13.