Section 1 definition of "motion picture distributor" BEFORE amended by 2002-52-39(b), effective August 1, 2003 (BC Reg 296/2003).
"motion picture distributor" means a person who distributes a film to a proprietor, lessee, manager or employee of a theatre or who contracts respecting films with any of those persons or with any other motion picture distributor, but does not include
(a) a public library,
(b) a university,
(c) an educational institution approved by the Minister of Education, Skills and Training where the film is distributed for educational purposes,
(d) the government of British Columbia, or
(e) the government of Canada;
Section 1 definitions of "motion picture" and "video game" were added by 2004-51-29, effective May 20, 2004 (Royal Assent).
Section 1 definition of "designated classification authority" was added by 2002-52-39(a), effective May 21, 2004 (BC Reg 232/2004).
Section 1 definitions of "administrative agreement" and "administrative authority" were added by 2007-28-24(a), effective June 20, 2007 (BC Reg 185/2007).
Section 1 definition of "director" BEFORE amended by 2007-28-24(b), effective June 20, 2007 (BC Reg 185/2007).
"director" means the Director of Film Classification;
Section 2 (6) BEFORE amended by 2002-52-40, effective August 1, 2003 (BC Reg 296/2003).
(6) This section does not apply to the exhibition of a motion picture for educational purposes
(a) at a university or at another educational institution approved by the Minister of Education Skills and Training, or
(b) under the auspices of the government of British Columbia or Canada.
Section 5 (1) BEFORE amended by 2002-52-41, effective August 1, 2003 (BC Reg 296/2003).
(1) On payment of the prescribed fee, the director must review every motion picture and adult motion picture submitted to the director for approval under section 2 (1) or 3 (1).
Section 8 (3) (a) BEFORE amended by 2007-14-217,Sch, effective December 1, 2007 (BC Reg 354/2007).
(a) contravenes this Act, the regulations, a condition of any licence issued under this Act to the licensee or a decision of the director made under this Act or under the regulations, or
Section 9 BEFORE repealed by RS1996 (Supp)-314-1, effective August 1, 2003 (BC Reg 296/2003).
Restriction on licensing by municipalities
9 Despite any other Act, a municipality must not
(a) issue a licence authorizing a person to conduct business as a motion picture distributor, adult film distributor, adult film retailer or theatre unless an appropriate licence is in force under this Act, or
(b) deny a licence to a motion picture distributor, adult film distributor, adult film retailer or theatre if an appropriate licence is in force under this Act.
Section 10 BEFORE repealed by 2002-52-42, effective August 1, 2003 (BC Reg 296/2003).
Appeal Board
10 (1) The appeal board is continued consisting of a chair and 4 other persons appointed by the minister.
(2) A member of the appeal board may be paid
(a) reasonable travelling and other out of pocket expenses incurred in discharging duties, and
(b) the remuneration that the minister determines.
Section 11 BEFORE repealed by 2002-52-42, effective August 1, 2003 (BC Reg 296/2003).
Appeal
11 (1) A motion picture distributor, adult film distributor, video distributor, adult film retailer, video retailer or a proprietor, lessee, manager or employee of a theatre may appeal to the appeal board
(a) a decision of the director made under this Act or under the regulations, or
(b) a seizure under section 12 (2) or (3).
(2) An appeal must be commenced within 30 days after
(a) the date the person entitled to appeal is notified by the director of the decision referred to in subsection (1) (a), or
(b) the date of the seizure under section 12 (2) or (3).
(3) An appeal is commenced by filing with the appeal board a written notice of appeal in the prescribed form and by paying the prescribed fee to the appeal board.
(4) If an appeal has been commenced, the person who is appealing a decision of the director made under this Act or under the regulations may apply to the appeal board for an order that the decision not take effect until the outcome of the appeal.
(5) The appeal board may make an order under subsection (4) if it considers that special circumstances exist.
(6) A person who appeals to the appeal board must deliver to the director a copy of the notice of appeal.
(7) The appeal board
(a) must hear and determine the appeal, and
(b) may make any decision that the director may make.
Section 12 (4) BEFORE amended by 2002-52-43, effective August 1, 2003 (BC Reg 296/2003).
(4) Unless an appeal is commenced under section 11, a film seized under subsection (2) or (3) becomes the property of the government and the director may destroy the film 60 days after it is seized.
Section 12 (4) BEFORE amended by 2007-28-25, effective June 20, 2007 (BC Reg 185/2007).
(4) Unless a reconsideration has been requested under section 12.2, a film seized under subsection (2) or (3) becomes the property of the government and the director may destroy the film 60 days after it is seized.
Section 12 (2) (part), (3) and (5) (part) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
(2) Anyone authorized by or under subsection (1) to enter a theatre or premises may seize
(3) If the person whose theatre or premises are entered under this section is required to be licensed under section 8, anyone authorized by or under subsection (1) may seize any adult film that person is not licensed to exhibit at that theatre or to distribute from those premises, even though the adult film has been approved for exhibition or distribution or has a certificate or other evidence of approval attached to it.
(5) For the purpose of an investigation under this section, anyone authorized by or under subsection (1) to enter a theatre or premises may do one or more of the following:
Section 12 (2) BEFORE amended by 2023-10-598, effective March 30, 2023 (Royal Assent).
(2) Anyone authorized under subsection (1) to enter a theatre or premises may seize
(a) any film that he or she believes will be exhibited in a theatre and that has not been approved, or does not have attached to it a certificate or other evidence of approval, for exhibition in a theatre,
(b) any adult film that he or she believes will be distributed by an adult film distributor or adult film retailer and
(i) that produces or reproduces an adult motion picture that has not been approved under section 3, or
(ii) that does not have attached to it a certificate or other evidence of that approval as required by section 3,
(c) any adult film that he or she believes is being used to produce or reproduce an adult motion picture, that has not been approved under section 3, on another adult film that he or she believes will be distributed by an adult film distributor or adult film retailer, and
(d) any adult film that is not segregated in accordance with any conditions imposed under section 6 (4) on a licensee.
Section 12.1 BEFORE re-enacted by 2007-28-26, effective June 20, 2007 (BC Reg 185/2007).
Delegation
12.1 (1) Subject to subsection (2) and the regulations, the director may delegate to any person or class of persons any of the director's powers, duties or functions under this Act, including any power, duty or function referred to in sections 2 to 8, 12 and 12.2.
(2) The delegation of the powers, duties or functions of the director must be in writing and may include any terms or conditions the director considers advisable.
Section 12.2 (1) (a) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(a) a decision or an order made under this Act or the regulations, or
Section 12.6 (2) BEFORE amended by 2015-32-15(a), effective January 1, 2017 (BC Reg 293/2016).
(2) The administrative authority may not charge fees under subsection (1) unless they are approved by the minister.
Section 13 (1) (b) BEFORE amended by 2007-14-217,Sch, effective December 1, 2007 (BC Reg 354/2007).
(b) contravenes a decision of the director made under this Act or under the regulations;
Section 14 (2) (h) BEFORE repealed by 2002-52-45(a), effective August 1, 2003 (BC Reg 296/2003).
(h) respecting practice and procedure on appeals under section 11;
Section 14 (2) (j), (k), (m) and (n) were added by 2002-52-45(b), effective May 21, 2004 (BC Reg 232/2004).
Section 14 (2) (a) BEFORE amended by 2007-28-28(a), effective June 20, 2007 (BC Reg 185/2007).
(a) respecting the operation and licensing of motion picture distributors, adult film distributors, video distributors, adult film retailers and video retailers and prescribing conditions under which adult films may be distributed;
Section 14 (2) (k) BEFORE amended by 2007-28-28(b), effective June 20, 2007 (BC Reg 185/2007).
(k) exempting classes of motion picture distributors, video distributors, motion picture exhibitors and video retailers from one or more provisions of this Act;
Section 14 (3) BEFORE amended by 2007-28-28(c), effective June 20, 2007 (BC Reg 185/2007).
(3) The fees prescribed under this Act may be different for different kinds of motion pictures and their intended uses.