Film Classification Act, 2005
Encyclopedia
The Film Classification Act, 2005 is a statute
which governs motion picture
and computer game ratings in the province of Ontario
, Canada
. The law also provides the legal basis for the activities of the Ontario Film Review Board
. Prior to this, film censorship and classification in Ontario was mandated first by the Theatres and Cinematographs Act, 1911 then the Theatres Act, 1953.
who as Ontario's treasurer was responsible for appointing the new board. This led to the creation of the Ontario Board of Censors of Moving Pictures which began operations on 27 June 1911. Each film shown in the province was required to be reviewed and approved by the Board which would then apply a "stamp" which would be displayed on theatre screens prior to the start of the film. Films which did not include the Board's stamp could be confiscated by authorities under the new law, which conversely prevented law enforcement officials from stopping the presentation of stamped films because of the film's content (section 6). Enforcement of the stamping provisions began after 1 December 1911, following the Board's initial task of reviewing 4000 extant films.
Section 10 of the original 1911 act prohibited children less than 15 years from attending a commercial film unless accompanied by an adult. This led to an unintended consequence where young girls would approach adult strangers to escort them to movies. There were recommendations that this provision be revoked or changed, especially since the film censorship regime would be deemed sufficient to protect children from inappropriate film content. In 1914, the provincial government introduced amendments to restrict eligible escorts to parents or legal guardians. Theatre operators were held responsible for ensuring that children were not being escorted by strangers.
After its first year, some film exhibitors would flout the law by removing certificate stamp images from films inspected by the Board of Censors then splicing these certificates to films which were not approved for Ontario audiences.
Significant amendments to the act and its regulations were made on various occasions. Videotape and 8 mm film
classification was introduced in 1975, following concerns that pornographic presentations were being distributed in such formats beyond the purview of the Board of Censors.
In 1981, the Adult Accompaniment rating was introduced which allowed films to be classified so that children under 14 were restricted unless escorted by an adult. The classification was developed to open films of social significance to younger audiences which might otherwise have been restricted. In developing the new classification, provincial officials noted that the film One Flew Over the Cuckoo's Nest
was restricted to adults only, although the film was based on a book that was studied by many high school students.
The provincial government introduced Bill 82 to change the Theatres Act in May 1984. The bill passed that December and took effect February 1985. These changes renamed the Board of Censors to the Ontario Censor Board the Ontario Film Review Board.
Rating categories were restructured again in 2001, with the introduction of the 18A rating which when applied to a film prohibits persons under 18 from attending unless accompanied by an adult. The Adult Accompaniment rating was renamed 14A but its effect was otherwise unchanged.
On 30 April 2004, the Ontario Superior Court of Justice
found certain sections of the Theatres Act to violate the freedom of expression
provisions of the Canadian Charter of Rights and Freedoms
in the case of R. v. Glad Day Bookshops Inc.
. The Ontario government modified the regulation under the Theatres Act was modified in 5 July 2004 to restrict the grounds on which a motion picture can be banned from Ontario, namely to pornographic films which involve violence, degradation or minors
.
introduced Bill 158, the Film Classification Act, for first reading
on 9 December 2004. Minister of Consumer and Business Services Jim Watson introduced the legislation as a means of updating the film classification system while curtailing the censorship powers of the Ontario Film Review Board. The bill's second reading began on 15 February 2005 and was carried on 6 April. After review by the province's Standing Committee on Justice Policy, Bill 158 received its third reading on 19 May then was carried on division on 30 May with Royal Assent proclaimed on 13 June. The statute took legal effect on 31 August 2005.
The Film Classification Act, 2005 ended the provincial power to ban films, although film censorship powers would be retained for some cases of pornographic films. The law also enforces ratings for computer games as determined by the Entertainment Software Rating Board
by prohibiting the sale, rental or exhibition of Mature rated games to persons under age 17, while persons under 18 cannot legally access games rated as Adults Only.
The act itself specifies the general provincial powers of entertainment classification including the appeals process, licensing of distributors and exhibitors, powers of inspection and investigation and transition from the previous Theatres Act. Details of rating categories, licencing, and exemptions from classification are specified in the associated Ontario Regulation 452/05 which took effect at the same time as the act.
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
which governs motion picture
Motion picture rating system
A motion picture rating system is designated to classify films with regard to suitability for audiences in terms of issues such as sex, violence, substance abuse, profanity, impudence or other types of mature content...
and computer game ratings in the province of Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. The law also provides the legal basis for the activities of the Ontario Film Review Board
Ontario Film Review Board
The Ontario Film Review Board is an agency of the government of the Canadian province of Ontario that is responsible for that province's motion picture rating system...
. Prior to this, film censorship and classification in Ontario was mandated first by the Theatres and Cinematographs Act, 1911 then the Theatres Act, 1953.
Theatres and Cinematographs Act, 1911
Originally, motion pictures were reviewed and censored under the Theatres and Cinematographs Act which was passed on 24 March 1911 and established the Board of Censors, the first film review board in Ontario. The law was originally scheduled to be in force on 1 June that year, but was postponed until at least 20 June because of an illness of Arthur MathesonArthur Matheson
Arthur James Matheson was a Canadian lawyer and politician. He served as a Conservative Member of the Legislative Assembly of Ontario for Lanark South from 1898 to 1913, and was provincial treasurer from 1905 to 1913....
who as Ontario's treasurer was responsible for appointing the new board. This led to the creation of the Ontario Board of Censors of Moving Pictures which began operations on 27 June 1911. Each film shown in the province was required to be reviewed and approved by the Board which would then apply a "stamp" which would be displayed on theatre screens prior to the start of the film. Films which did not include the Board's stamp could be confiscated by authorities under the new law, which conversely prevented law enforcement officials from stopping the presentation of stamped films because of the film's content (section 6). Enforcement of the stamping provisions began after 1 December 1911, following the Board's initial task of reviewing 4000 extant films.
Section 10 of the original 1911 act prohibited children less than 15 years from attending a commercial film unless accompanied by an adult. This led to an unintended consequence where young girls would approach adult strangers to escort them to movies. There were recommendations that this provision be revoked or changed, especially since the film censorship regime would be deemed sufficient to protect children from inappropriate film content. In 1914, the provincial government introduced amendments to restrict eligible escorts to parents or legal guardians. Theatre operators were held responsible for ensuring that children were not being escorted by strangers.
After its first year, some film exhibitors would flout the law by removing certificate stamp images from films inspected by the Board of Censors then splicing these certificates to films which were not approved for Ontario audiences.
Theatres Act, 1953
In 1953, the province replaced the Theatres and Cinematographs Act with a new law, the Theatres Act.Significant amendments to the act and its regulations were made on various occasions. Videotape and 8 mm film
8 mm film
8 mm film is a motion picture film format in which the filmstrip is eight millimeters wide. It exists in two main versions: the original standard 8mm film, also known as regular 8 mm or Double 8 mm, and Super 8...
classification was introduced in 1975, following concerns that pornographic presentations were being distributed in such formats beyond the purview of the Board of Censors.
In 1981, the Adult Accompaniment rating was introduced which allowed films to be classified so that children under 14 were restricted unless escorted by an adult. The classification was developed to open films of social significance to younger audiences which might otherwise have been restricted. In developing the new classification, provincial officials noted that the film One Flew Over the Cuckoo's Nest
One Flew Over the Cuckoo's Nest (film)
One Flew Over the Cuckoo's Nest is a 1975 American drama film directed by Miloš Forman and based on the 1962 novel of the same name by Ken Kesey....
was restricted to adults only, although the film was based on a book that was studied by many high school students.
The provincial government introduced Bill 82 to change the Theatres Act in May 1984. The bill passed that December and took effect February 1985. These changes renamed the Board of Censors to the Ontario Censor Board the Ontario Film Review Board.
Rating categories were restructured again in 2001, with the introduction of the 18A rating which when applied to a film prohibits persons under 18 from attending unless accompanied by an adult. The Adult Accompaniment rating was renamed 14A but its effect was otherwise unchanged.
On 30 April 2004, the Ontario Superior Court of Justice
Ontario Superior Court of Justice
The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999...
found certain sections of the Theatres Act to violate the freedom of expression
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
provisions of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
in the case of R. v. Glad Day Bookshops Inc.
R. v. Glad Day Bookshops Inc.
R. v. Glad Day Bookshops Inc., is a leading Ontario Superior Court of Justice decision on pornography and homosexuality. The court found that a statutory scheme requiring the approval of the Ontario Film Review Board before films can be distributed or shown in Ontario violated the guarantee of...
. The Ontario government modified the regulation under the Theatres Act was modified in 5 July 2004 to restrict the grounds on which a motion picture can be banned from Ontario, namely to pornographic films which involve violence, degradation or minors
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
.
Film Classification Act, 2005
The Legislative Assembly of OntarioLegislative Assembly of Ontario
The Legislative Assembly of Ontario , is the legislature of the Canadian province of Ontario, and is the second largest provincial legislature of Canada...
introduced Bill 158, the Film Classification Act, for first reading
Reading (legislature)
A reading of a bill is a debate on the bill held before the general body of a legislature, as opposed to before a committee or other group. In the Westminster system, there are usually several readings of a bill among the stages it passes through before becoming law as an Act of Parliament...
on 9 December 2004. Minister of Consumer and Business Services Jim Watson introduced the legislation as a means of updating the film classification system while curtailing the censorship powers of the Ontario Film Review Board. The bill's second reading began on 15 February 2005 and was carried on 6 April. After review by the province's Standing Committee on Justice Policy, Bill 158 received its third reading on 19 May then was carried on division on 30 May with Royal Assent proclaimed on 13 June. The statute took legal effect on 31 August 2005.
The Film Classification Act, 2005 ended the provincial power to ban films, although film censorship powers would be retained for some cases of pornographic films. The law also enforces ratings for computer games as determined by the Entertainment Software Rating Board
Entertainment Software Rating Board
The Entertainment Software Rating Board is a self-regulatory organization that assigns age and content ratings, enforces industry-adopted advertising guidelines, and ensures responsible online privacy principles for computer and video games as well as entertainment software in Canada, Mexico and...
by prohibiting the sale, rental or exhibition of Mature rated games to persons under age 17, while persons under 18 cannot legally access games rated as Adults Only.
The act itself specifies the general provincial powers of entertainment classification including the appeals process, licensing of distributors and exhibitors, powers of inspection and investigation and transition from the previous Theatres Act. Details of rating categories, licencing, and exemptions from classification are specified in the associated Ontario Regulation 452/05 which took effect at the same time as the act.