REVISED STATUTES, 1989
1 This Act may be cited as the Theatres and Amusements Act. R.S., c. 466, s. 1.
(a) "amusement owner" includes every person, firm, association, company or corporation, that for gain conducts a place of amusement or that for gain permits the public or some of them to participate or indulge in any amusement or recreation whatsoever, but does not include a theatre owner where only a performance is given in the theatre;
(d) "film" means a cinematograph film or slide, including a video film, video tape, video cassette or video disc, a DVD-video, a video game and any other medium specified in the regulations from which moving visual images may be produced ;
(g) "performance" means any theatrical, vaudeville, musical or moving picture performance or exhibition for public entertainment, or any other performance or exhibition for public entertainment, whether or not of the kind hereinbefore enumerated;
(h) "place of amusement" includes every building, tent, enclosure or place and every structure, apparatus, machine, contrivance or device whatsoever, the purpose of which is to provide any amusement or recreation whatsoever for the public or some of them and which is conducted for gain, but does not include a theatre where only a performance is given therein;
(l) "video-game outlet" means a retail establishment that sells, leases, rents, exchanges, distributes or otherwise makes available for use video games to the public for consideration and includes a place of amusement that makes a video game available for use. R.S., c. 466, s. 2; 2000, c. 28, s. 99; 2004, c. 17, s. 1.
(kd) establishing, adopting or otherwise providing for classification or systems of classification of video games in addition to or in place of classifications given by the Entertainment Software Rating Board;
(m) prescribing and regulating the fees, including methods for ascertaining, calculating or determining the fees to be paid for licenses, for examinations of cinematograph operators and for examinations of films;
(2) No fee for administering any oath verifying any return or report, referred to in clause (o) of subsection (1), shall be payable to or charged by any justice of the peace, commissioner or other person authorized to administer such oath.
(3) If the Governor in Council is of the opinion that the enactments, including any ordinances, by-laws or regulations, of any city in respect of the construction, alteration and repair of buildings are as adequate for all purposes as the regulations made under this Act, the Governor in Council may order that those regulations made under this Act in relation to the construction, alteration and repair of theatres and the inspection thereof in connection therewith shall not apply to such city, and that the said enactments, ordinances, by-laws and regulations of such city shall have full force and effect therein.
(4) The Minister may in the Minister's absolute discretion revoke or suspend any license issued under the authority of this Act or of the regulations. R.S., c. 466, s. 4; 2000, c. 28, s. 102; 2004, c. 17, s. 2.
(4) Any power mentioned in subsection (2) or (3) may be exercised by the Minister, notwithstanding that the Minister has previously permitted the use, exhibition, sale, lease, rental, exchange or distribution of the film or that a license is in force.
(7) The Inspector and every peace officer shall for the purposes of enforcing this Act, and the regulations, have power to enter and to inspect theatres and to inspect cinematographs, and to inspect places of amusement.
(9) The Governor in Council may also appoint one or more assistant inspectors under this Act who shall perform such of the duties of the Inspector as the Governor in Council may direct and in the performance of such duties shall exercise all the powers and authority of the Inspector.
6 (1) In this Section, "video outlet" means a retail establishment which sells, leases, rents, exchanges or distributes film for use in a video cassette recorder, video disc player or similar device to the public for consideration.
(2) Except as provided by the regulations, a video outlet shall ensure that each of its films is marked, with the classification which the Minister has given to the film, by a sticker, supplied by the Minister, affixed to both the container in which the film is kept and any container used for display purposes.
NOTE - Section 102 of Chapter 28 of the Acts of 2000 amends this Act by replacing all references to the "Board" with "Minister" and all references to "its" with "the Minister's". In subsection 6(2) and Section 25 of this Act, "its" clearly does not refer to the Board and the change has not been made.
6A (1) Except as provided by the regulations, a video-game outlet shall ensure that each of its video games, and any container in which a video game is displayed, sold, leased, rented, exchanged, distributed or made available, is marked with the classification given to the video game by the Entertainment Software Rating Board or with such other classification as is established, adopted or otherwise provided for under the regulations.
(3) No video-game outlet or employee or agent of a video-game outlet shall sell, lease, rent, exchange, distribute or otherwise make available any video game to any person to whom the video-game outlet is restricted by the regulations from selling, leasing, renting, exchanging, distributing or otherwise making available such video. 2004, c. 17, s. 4.
7 (1) Notwithstanding any enactment or law made by the Legislature, or made under the authority of any such enactment or law, the council of any city, town or municipality shall not have power to make any by-laws, rules, regulations or ordinances in relation to any of the matters mentioned in Section 4, except the construction of theatres, and all by-laws, rules, regulations and ordinances of any city, town or municipality in relation to any of the said matters, except the construction of theatres, are repealed and are declared to be inoperative.
(2) Notwithstanding this Act, the council of any city, town or municipality may from time to time make, amend or repeal by-laws regulating and licensing circuses or other itinerant amusement performances. R.S., c. 466, s. 7.
9 (1) Every person attending a performance at a theatre shall upon each admission thereto pay, to Her Majesty for the use of the Province, a tax to be collected as in this Act provided and according to such scale as from time to time the Governor in Council prescribes.
(2) Every person attending any place of amusement and every person participating or indulging in any recreation or amusement whatsoever shall, upon each such attendance or participation or indulgence where a fee is charged for the same, whether charged before or after such attendance, participation or indulgence, pay, to Her Majesty for the use of the Province, a tax to be collected as in this Act provided and according to such scale as from time to time the Governor in Council prescribes. R.S., c. 466, s. 9.
10 Notwithstanding anything contained in this Act, the Governor in Council may by regulation from time to time prescribe an amusement tax which shall be paid by the users of such cable television services as determined by regulation, and the person providing the cable television service shall collect the amusement tax and pay it to Her Majesty in right of the Province as determined by regulation. R.S., c. 466, s. 10.
11 (1) The taxes aforesaid shall be collected by the theatre and amusement owner respectively and, where in respect of any particular theatre or place of amusement or any particular amusement or recreation the Minister deems it expedient, the tax shall be so collected by means of tickets issued by the Minister.
(3) The Minister may furnish the tickets to theatre owners and place of amusement owners respectively and other persons who shall hold the same for sale and may sell the same for the amounts represented by the tickets respectively.
(4) Where the tax is to be collected by means of tickets, every theatre owner and amusement owner shall place at the entrance to the theatre or place of amusement, or in a prominent position at the place where the amusement or recreation is participated or indulged in respectively, a receptacle in which shall be deposited as in this Act provided the tickets sold under this Act.
(7) Where the tax imposed by this Act is payable by any person, no theatre owner and no amusement owner, and no employee or agent of a theatre owner or amusement owner, shall allow, permit or authorize or be a party or privy to the admission of any such person to a theatre or to the admission of any person to a place of amusement or to the participation or indulgence by any such person in any recreation or amusement whatsoever, unless and until the person has paid the tax.
from the provisions of this Act which relate to the taxation of persons attending performances at theatres, attending places of amusement or participating or indulging in any amusement or recreation, respectively. R.S., c. 466, s. 11; 2000, c. 28, s. 102; 2001, c. 3, s. 32.
12 The taxes due and payable pursuant to this Act to Her Majesty in right of the Province may be recovered by Her Majesty in an action in debt against the person who is required by this Act or the regulations to collect the taxes, namely, the theatre owner, the amusement owner or the person providing the cable television service, as the case may be, in any court and the court may make such order as to the costs it may determine. R.S., c. 466, s. 12.
13 Every person who violates or fails to comply with any provision of this Act or the regulations or an order or direction given under this Act or the regulations and every director of a corporation who knowingly concurs in a violation or failure to comply with any provision of this Act or the regulations or an order or direction given under this Act or the regulations is guilty of an offence and liable on summary conviction to the same penalty as is provided for an offence under the Consumer Protection Act. R.S., c. 466, s. 13.
14 The inspector or any peace officer may arrest without warrant any person whom he finds violating this Act or the regulations made thereunder and shall with reasonable diligence take such person before a justice of the peace to be dealt with according to law. R.S., c. 466, s. 14.
15 If any violation of this Act or of any of the regulations made thereunder causes either directly or indirectly to any person either bodily injury or loss of life, the person so violating this Act or the regulations made thereunder shall in addition to any other penalty prescribed by law be liable to imprisonment for a term not exceeding one year. R.S., c. 466, s. 15.
16 The penalties and imprisonments prescribed for the violation of this Act or of any of the regulations made thereunder shall be recovered or enforced under the Summary Proceedings Act. R.S., c. 466, s. 16.
17 (1) Any penalty imposed for a violation of this Act or of any regulation made thereunder shall, when received, be paid over by the convicting judge or justice of the peace to the Minister of Finance for the use of the Province.
19 Every film exchange carrying on business in the Province shall have an agent in the Province and shall from time to time notify the Board of the name and address of such agent. R.S., c. 466, s. 19.
(2) The fee for such license shall be such amount as the Governor in Council prescribes by regulation and every such license shall expire on the thirtieth day of November of each year. R.S., c. 466, s. 20.
(a) the name or other description of any or all films proposed to be sold, leased, rented, exchanged or distributed by such film exchange in the Province during any period for which such information is available;
23 If any film exchange shall knowingly or wilfully make or give any undue or unreasonable preference or unfair advantage to any theatre owner or shall subject any theatre owner to any undue or unreasonable prejudice or unfair disadvantage in any respect whatsoever, such film exchange shall be deemed guilty of unjust discrimination. R.S., c. 466, s. 23.
(2) No theatre owner shall contract for more films than are, in the opinion of the Minister, reasonably required for the operation of his theatre for a period of one year. R.S., c. 466, s. 24; 2000, c. 28, s. 102.
25 No person shall alter or cause to be altered, for the purpose of exhibition, sale, lease, rental, exchange or distribution in the Province, any film from its state as classified by the Minister. R.S., c. 466, s. 25; 2000, c. 28, s. 102.NOTE - See note following subsection 6(2).
(2) The Minister may act upon the report of an employee of the Department and any inquiry that the Minister deems necessary to make may be made by the Minister or by an employee of the Department or some other person appointed by the Minister to make the inquiry. R.S., c. 466, s. 26; 2000, c. 28, s. 101, 102.