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ontario regulation 84/05
made under the
Theatres Act
Made: March 2, 2005
Filed: March 4, 2005
Printed in The Ontario Gazette: March 19, 2005
Amending Reg. 1031 of R.R.O. 1990
(General)
1. Section 1 of Regulation 1031 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:
“video game” means a film that is in the format of an interactive game where the nature or sequence of the visual images may be varied by operation of the device producing the images, which device may include a computer, a gaming system, a console or other technology. (“jeu vidéo”)
2. The Regulation is amended by adding the following section:
2.1 The Board is authorized to adopt as classifications of video games, including for the purposes of this Regulation and subsections 19 (4) and 47 (1) and section 58 of the Act, classifications made by the Entertainment Software Rating Board.
3. Sections 4 and 5 of the Regulation are revoked and the following substituted:
4. The following films are prescribed for the purposes of subsection 19 (4) of the Act:
1. Films that are classified as “restricted”.
2. Video games that the Entertainment Software Rating Board has classified as “mature” or “adults only” if the Board as defined in the Act has adopted those classifications for the purposes of that subsection.
5. The following films are prescribed for the purposes of subsection 47 (1) of the Act:
1. Films that are classified as “restricted” or “18A”.
2. Video games that the Entertainment Software Rating Board has classified as “mature” or “adults only” if the Board as defined in the Act has adopted those classifications for the purposes of that subsection.
4. The Regulation is amended by adding the following section:
27.1 A person is exempt from section 40 of the Act if the person carries on the business of a film exchange in which video games are the only class of film that is distributed.
5. Section 31 of the Regulation is revoked and the following substituted:
31. (1) A video game that the Entertainment Software Rating Board has classified as “mature” or “adults only” and for which the Board as defined in the Act has adopted the classification is exempt from,
(a) the Act, except for sections 19, 47 and 58; and
(b) the regulations, except for sections 2.1, 4, 5 and this section of this Regulation.
(2) Subsection (1) does not apply to a video game if it has, as its main object, the depiction of explicit sexual activity and it includes a depiction described in clause 14 (4) (b).
(3) A video game, other than a video game described in subsection (1), is exempt from the Act and the regulations unless it contains one or more scenes of a type described in subsection 28 (3).
6. This Regulation comes into force on the later of the day subsection 22 (8) of the Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 comes into force and the day this Regulation is filed.