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| B.C. Reg. 260/86 O.C. 2073/86 | Deposited November 28, 1986 effective December 15, 1986 |
[Last amended March 30, 2022 by B.C. Reg. 76/2022]
1 (1) In this regulation, "Act" means the Motion Picture Act.
(2) In the Act and these regulations:
"explicit sexual scenes" means scenes in the motion picture that depict a sexual act, the occurrence of which is actually visible by the viewer;
"general release film" means a film that is not an adult film;
"joint holder" means a person who holds a video retail licence and an adult film retailer licence in respect of the distribution of adult films and general release films from a single premises;
"sexual act" means a real or simulated act of
(a) intercourse or masturbation,
(b) genital—genital, genital—anal, oral—genital or oral—anal connection between human beings, or
(c) genital connection between human beings and objects;
"sexually suggestive scenes" means scenes in a motion picture that depict
(a) sexual activity other than explicit sexual scenes, or
(b) a sexual act that is not actually visible to the viewer, but the scene and the context in which it appears are intended to suggest that a sexual act is or may be occurring.
[am. B.C. Regs. 117/88, s. 1; 316/95, s. 1; 184/2007, s. 1.]
2 For the purpose of
(a) paragraph (c) of the definition of "adult motion picture" in the Act, and
(b) section 5 (3) (i) of the Act,
urination and defecation for sexual gratification are prescribed.
2.1 For the purposes of section 2 (6) of the Act, the exhibition of a motion picture for educational purposes by a university, college or other educational institution subject to the University Act, the College and Institute Act, the School Act or the Independent School Act are prescribed circumstances and purposes in respect of which section 2 does not apply.
[en. B.C. Reg. 296/2003, s. 1.]
3 On approving a motion picture submitted under section 2 (1) of the Act, the director must classify the motion picture into one of the following categories:
(a) General — Suitable for viewing by persons of all ages. Occasional violence, swearing and coarse language, and the most innocent of sexually suggestive scenes and nudity, are permitted in this category.
(b) Parental Guidance — Parental guidance advised. Theme or content may not be suitable for all children although there is no age restriction. Motion pictures in this category may contain less subtle sexually suggestive scenes and nudity and a more realistic portrayal of violence than in the General category; coarse language may occur more often than in the General category.
(c) 14A — Suitable for persons 14 years of age or older. Persons under 14 years of age must view these motion pictures accompanied by an adult. Motion pictures in this category may contain violence, coarse language or sexually suggestive scenes, or any combination of them.
(d) 18A — Persons under 18 years of age must view these motion pictures accompanied by an adult. Motion pictures in this category will contain horror, explicit violence, frequent coarse language or scenes that are more sexually suggestive than in the 14A category, or any combination of them.
(e) Restricted — Restricted to persons 18 years of age and over. Persons under 18 years of age are not permitted to attend under any circumstances. These motion pictures are "adult motion pictures", as defined in the Act, and may contain explicit sexual scenes, violence or scenes referred to in section 5 (3) of the Act, or any combination of them. The director will assign this classification to motion pictures if the director considers that the theme, subject matter or plot of the adult motion picture is artistic, historical, political, educational or scientific.
(f) Adult — Restricted to persons 18 years of age and over. Persons under 18 years of age are not permitted to attend under any circumstances. These motion pictures are "adult motion pictures", as defined in the Act, and may contain explicit sexual scenes or scenes of brutality or torture to persons or animals, or any combination of them, that are portrayed in a realistic and explicit manner; however, the scenes would, in the director's opinion, be tolerable to the community.
[en. B.C. Reg. 363/96, s. 1.]
4 (1) No advertisements for adult films shall be placed, posted or exhibited on the premises of an adult film retailer or the premises of a theatre holding a licence permitting the exhibition of films classified as "Restricted" or "Adult" such that they are visible to members of the public from outside of the premises of the adult film retailer or theatre.
(2) No advertisement, including adult film boxes, shall be placed, posted or exhibited on the premises of a joint holder such that they are visible to customers in that part of the premises that offers general release films for sale or rent.
(3) No person operating or employed in the premises of an adult film retailer shall exhibit, by any means, adult films on those premises such that the exhibition is visible to customers who are on the premises.
(4) Films classified as Restricted must be segregated from other categories of films on the premises of a joint holder.
(5) The shelving where the films referred to in subsection (4) are located must
(a) be visible from the cashier's counter, and
(b) have a sign above the shelving, displayed in a conspicuous manner, informing persons on the premises that such films are not to be rented or sold to persons under 18 years of age.
[am. B.C. Regs. 81/90, s. 1; 363/96, s. 2.]
5 (1) Every adult film retailer shall display in a conspicuous manner at all entrances to the adult film retailer's premises, a sign reading "No admittance to persons under age 18".
(2) Every joint holder shall display in a conspicuous manner at the entrance to that part of the joint holder's premises where adult films are offered for sale or rent, a sign reading "No admittance to persons under age 18".
(3) Subsection (2) does not apply to a joint holder who, as a condition of the joint holder's licence under section 6 (4) (b) of the Act, is offering adult films for sale or rent in a manner where all advertising material as well as the adult films themselves are physically and visually segregated from minors in the manner permitted by those conditions of licence.
(4) Repealed. [B.C. Reg. 117/88, s. 2.]
(5) An operator of a theatre shall not employ a minor at any time when a motion picture that has been classified as "Restricted" or "Adult" is being exhibited.
[am. B.C. Regs. 117/88, s. 2; 363/96, s. 3; 76/2022, s. 7.]
8 (1) Repealed. [B.C. Reg. 293/2016, Sch. s. 2 (a).]
(2) A person who wishes to obtain or renew a licence required under the Act must provide the director with the information the director requires.
(3) A licence issued under section 8 of the Act is valid for
(a) one year after its date of issue, or
(b) a period not exceeding 6 months after its date of issue if the director considers it to be in the public interest to issue an interim licence.
(3.1) Repealed. [B.C. Reg. 293/2016, Sch. s. 2 (a).]
(4) A licence issued under section 8 of the Act is not transferable, but a licence remains, with the consent of the director, valid when the licensee changes the licensee's location with respect to the new location.
(5) A licensee shall notify the director in writing of any change in the information provided under subsection (2) within 30 days after the change of fact or information.
(6) Where a licensee is a corporation, every licence issued to the corporation under the Act and these regulations is cancelled upon a transfer of the controlling interest in the corporation to another person.
(7) Where an adult film distributor, or a director, senior officer, as defined in the Business Corporations Act, or shareholder of a corporation that is an adult film distributor contravenes the Act, these regulations or a decision of the director made under the Act or these regulations, or is convicted of an offence under the Act or these regulations, the director may require the adult film distributor to post and maintain a bond or other security under the Bonding Act as a condition of issuing or renewing a licence.
[am. B.C. Regs. 81/90, s. 3; 108/91, s. 1; 316/95, s. 3; 363/96, s. 4; 184/2007, s. 3; 293/2016, Sch. s. 2; 76/2022, s. 7.]
8.1 (1) Subject to subsection (2), for the purposes of an application made under section 8 for an adult film distributor licence, adult film retailer licence, multipurpose distributor licence or restricted designated theatre licence, a criminal record check authorization satisfactory to the director must be completed and delivered to the director by the following persons:
(a) if the applicant is a proprietorship, the proprietor;
(b) if the applicant is a partnership, each partner;
(c) if the applicant is a corporation, every director and senior officer, as defined in the Business Corporations Act, and every shareholder who holds 25% or more of the shares of the corporation;
(d) Repealed. [B.C. Reg. 184/2007, s. 4 (c).]
(e) the manager of the store or business.
(2) Subsection (1) does not apply to a person referred to in paragraphs (a) to (e)
(a) if that person was, before September 1, 1995, the holder of, or a salesperson or manager working under, a licence first issued before September 1, 1995, or
(b) if the criminal record check authorization has already been completed and delivered to the director in respect of that person.
[en. B.C. Reg. 316/95, s. 4; am. B.C. Reg. 184/2007, s. 4.]
9 (1) Every adult film distributor licensed under section 8 of the Act must maintain and keep at the adult film distributor's premises, for a period of 3 years from the date of issue, all records relating to the distribution of adult films including
(a) a copy of each invoice for every adult film distributed, and
(b) a copy of all banking records, shipping invoices, waybills and commission statements for salespersons.
(2) The director may, at any time, require the adult film distributor to produce or deliver to the director all records referred to in subsection (1).
(3) The invoice required by subsection (1) must indicate
(a) the title of each adult film,
(b) the number of copies of each adult film,
(c) the name of the adult film distributor,
(d) the name of the salesperson distributing the adult film,
(e) the name of the purchaser of the adult film, and
(f) the date of distribution of each adult film.
[en. B.C. Reg. 316/95, s. 5; am. B.C. Reg. 363/96, s. 5.]
10 (1) In this section, "decal" includes a certificate or other evidence of approval.
(2) Where, under section 5 (6) of the Act, the director approves an adult motion picture and that approval is evidenced by a decal, an adult film distributor, or an agent of the adult film distributor approved by the director, who purchases one or more decals for an approved adult film or copy shall, within the Province, affix the decal to the adult film or copy.
(3) Notwithstanding subsection (2), where an adult film distributor or an agent of the adult film distributor posts a bond or other security under the Bonding Act, the adult film distributor or agent may, in a jurisdiction outside of the Province and with the approval of the director, affix the decal to the adult film or copy.
(4) No person other than the director shall, without the approval of the director, within or without the Province, distribute a decal unless the decal is attached to an approved adult film or copy.
(5) Repealed. [B.C. Reg. 316/95, s. 6 (b).]
[en. B.C. Reg. 81/90, s. 4; am. B.C. Regs. 108/91, s. 2; 316/95, s. 6; 363/96, s. 6.]
10.1 Every adult film distributor must submit to the director, by March 31 in each year, a report respecting the adult film distributor's books, records and accounts, prepared by an accountant in a form and manner approved by the director.
[en. B.C. Reg. 363/96, s. 7.]
11 The director or a person authorized by the director may enter the premises of an adult film distributor or the premises of an agent of the adult film distributor at any time during regular business hours for the purpose of
(a) inspecting the facilities where a decal, certificate or other evidence of approval is affixed to an adult film or copy, or
(b) making an accounting of each decal, certificate or other evidence of approval purchased by the adult film distributor for an approved adult film or copy.
[en. B.C. Reg. 81/90, s. 4.]
12 (1) A licensee, an applicant for a licence or an applicant for an exemption may request the director to reconsider a decision or order made under the Act or these regulations, or a seizure under section 12 (2) or (3) of the Act.
(2) A request under subsection (1) must
(a) be in writing and in a form acceptable to the director, and
(b) be delivered to the director within 30 days from the date of notification by the director of the decision or order or the seizure.
(3) The director may refuse to reconsider a decision, order or seizure if, in the opinion of the director, the request for reconsideration is frivolous, vexatious or made in bad faith.
(4) The director may extend the 30 day period in which to submit a request for reconsideration in subsection (2) (b) if, in the opinion of the director, extenuating circumstances prevented submission of the request within the 30 days.
(5) Subject to any applicable fee set by the administrative authority, the fee for a reconsideration is $100 and must accompany the request for reconsideration.
(6) If a reconsideration has been commenced, the person who is requesting a reconsideration of a decision or order may apply to the director for an order that the decision or order not take effect until the outcome of the reconsideration.
(7) The director may make an order under subsection (6) if the director considers that special circumstances exist.
(8) For the purpose of reconsidering a decision, order or seizure the director may consider new information.
(9) After reconsidering a decision, order or seizure under the Act or these regulations the director may
(a) confirm the original decision, order or seizure,
(b) vary the original decision, order or seizure, including the effective date of the original decision or order,
(c) substitute a new decision or order for the original decision or order,
(d) overturn the original decision, order or seizure, or
(e) refer the original decision or order back to the original decision maker.
(10) The director's reconsideration decision must
(b) include or be followed by reasons.
[en. B.C. Reg. 296/2003, s. 3; am. B.C. Reg. 184/2007, s. 6.]
Repealed. [B.C. Reg. 293/2016, Sch. s. 3.]
Repealed. [B.C. Reg. 184/2007, s. 7.]
Repealed. [B.C. Reg. 296/2003, s. 4.]
Repealed. [B.C. Reg. 184/2007, s. 7.]
Repealed. [B.C. Reg. 363/96, s. 11.]
[Provisions relevant to the enactment of this regulation: Motion Picture Act, R.S.B.C. 1996, c. 314, s. 14.]
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