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O. Reg. 316/00: ADULT VIDEO STICKERS

filed May 30, 2000 under Theatres Act, R.S.O. 1990, c. T.6

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ONTARIO REGULATION 316/00

made under the

Theatres Act

Made: December 8, 1999
Filed: May 30, 2000

Amending O. Reg. 248/95

(Adult Video Stickers)

1. The title to Ontario Regulation 248/95 is revoked and the following substituted:

ADULT SEX FILM STICKERS

2. (1) The definitions of “cassette” and “sleeve” in subsection 1 (1) of the Regulation are revoked and the following substituted:

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

(2) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“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.

3. Subsections 2 (1), (2) and (3) of the Regulation are revoked and the following substituted:

(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.

(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.

(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.

4. Section 3 of the Regulation is revoked and the following substituted:

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.

(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.

5. (1) Subsection 4 (1) of the Regulation is revoked and the following substituted:

(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.

(2) Section 4 of the Regulation is amended by adding the following subsection:

(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.

6. Subsection 7 (1) of the Regulation is amended by,

(a) adding “and” at the end of clause (b);

(b) revoking clauses (c) and (d);

(c) striking out “and” at the end of clause (e); and

(d) revoking clause (f).

7. Section 9 of the Regulation is revoked and the following substituted:

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.

8. The Regulation is amended by adding the following section:

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.

9. This Regulation comes into force on August 30, 2000.