Theatres and Amusements Act CHAPTER 466 OF THE REVISED STATUTES, 1989 as amended by 2000, c. 28, ss. 99-102; 2001, c. 3, s. 32; 2004, c.17; 2012, c. 8, ss. 20-27; 2014, c. 34, s. 67 © 2016 Her Majesty the Queen in right of the Province of Nova Scotia Published by Authority of the Speaker of the House of Assembly Halifax This page is intentionally blank. CHAPTER 466 OF THE REVISED STATUTES, 1989 amended 2000, c. 28, ss. 99-102; 2001, c. 3, s. 32; 2004, c.17; 2012, c. 8, ss. 20-27; 2014, c. 34, s. 67 An Act Respecting Theatres, Cinematographs and Other Amusements Table of Contents (The table of contents is not part of the statute) Section Short title........................................................................................................................................... 1 Interpretation..................................................................................................................................... 2 Exemption......................................................................................................................................... 3 Regulations........................................................................................................................................ 4 Powers and duties.............................................................................................................................. 5 Marking of video films..................................................................................................................... 6 Video games...................................................................................................................................... 6A Municipal powers.............................................................................................................................. 7 No obstruction of Inspector............................................................................................................... 8 Theatre and amusement taxes........................................................................................................... 9 Cable television tax........................................................................................................................... 10 Collection of taxes............................................................................................................................ 11 Recovery of taxes.............................................................................................................................. 12 Offence and penalty.......................................................................................................................... 13 Summary Proceedings Act................................................................................................................ 16 Use of penalty and fees..................................................................................................................... 17 Duty of peace officer......................................................................................................................... 18 Agent of film exchange..................................................................................................................... 19 License required by film exchange................................................................................................... 20 Statement by film exchange.............................................................................................................. 21 Prohibition on discrimination by film exchange............................................................................... 22 Deemed unjust discrimination.......................................................................................................... 23 Alteration of film prohibited............................................................................................................. 25 Contravention of Act......................................................................................................................... 26 __________ Short title 1 This Act may be cited as the Theatres and Amusements Act. R.S., c.466, s.1. Interpretation 2 In this Act, (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; (b) repealed 2000, c. 28, s. 99. NOVEMBER 20, 2014 2 theatres and amusements R.S., c. 466 (c) “cinematograph” means a cinematograph, moving picture machine or other similar apparatus; (ca) “Department” means Service Nova Scotia; (cb) “Entertainment Software Rating Board” means the Entertain- ment Software Rating Board established by the Entertainment Software Association in the United States of America; 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 clauses 2(cb), 4(1)(kd) and 6A(1)(a) of this Act, “Board” clearly does not refer to “Minister” in reference to the Entertainment Software Rating Board. In subsection 6A(1) of this Act, “its” clearly should not be replaced by “Minister” in reference to “its video games”. These changes have not been made. (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; (da) “Film Classification Board” means a board established to classify films under this Act; (db) “film classifier” means a person appointed to classify films under this Act; (e) “inspector” means an inspector appointed under this Act; (ea) “Minister” means Minister of Service Nova Scotia; (f) “peace officer” means any sheriff, sheriff’s officer, police officer or constable or any other person employed for the preservation and maintenance of the public peace; (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; (i) “theatre” means any building, tent, enclosure or place in which any performance is given in respect to which an admission fee is charged; (j) “theatre owner” means any person, firm, company or corpora- tion operating a theatre in the Province; (ja) “Utility and Review Board” means the Nova Scotia Utility and Review Board; NOVEMBER 20, 2014 R.S., c. 466 theatres and amusements 3 (k) “video game” means an object or device that (i) stores recorded data or instructions, (ii) receives data or instructions generated by a person who uses it, and (iii) by processing the data or instructions, creates an inter- active game capable of being played, viewed or experienced on or through a computer, gaming system, console or other technology, but does not include a class of games prescribed by the regulations; (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 amuse- ment that makes a video game available for use. R.S., c.466, s.2; 2000, c.28, s.99; 2004, c.17, s.1; 2012, c.8, s.20; 2014, c.34, s.67. Exemption 3 Video films, video tapes, video cassettes and video discs that are (a) educational films used for instruction in educational institu- tions; (b) cultural films; (c) heritage films; (d) religious films; (e) children’s cartoons; (f) travelogues; (g) political films; (h) films used for industrial or business promotions; (i) sporting events; (j) films exempted by the Governor in Council, are exempt from this Act unless exhibited in a theatre. R.S., c.466, s.3. Regulations 4 (1) The Governor in Council may from time to time make regula- tions for or in relation to or incidental to any one or more or to any part or parts of any one or more of the following matters: (a) the licensing and regulating of theatres and places of amusement; (b) regulating and licensing or prohibiting (i) any performance or performances in a theatre or theatres, NOVEMBER 20, 2014 4 theatres and amusements R.S., c. 466 (ii) any amusement or amusements or recreation or recreations in a place or places of amusement, and (iii) any amusement or amusements or recreation or recreations for participating or indulging in which, by the pub- lic or some of them, fees are charged by any amusement owner; (c) prescribing criteria in accordance with which the Min- ister may exercise the Minister’s powers; (ca) prescribing a classification scheme for films, including (i) establishing different classifications for differ- ent classes of films, (ii) adopting, by reference, a classification scheme established by another person or body, subject to any changes the Governor in Council considers appropriate, (iii) establishing criteria for film classification; (cb) prescribing rules and procedures for the Film Classifi- cation Board; (d) exempting any amusement owner, theatre, theatre owner, film exchange, place of amusement, place, performance, film, machine or person or any class or type thereof from any provision of this Act or the regulations; (e) the construction, use, safety, inspection and supervi- sion of theatres; (f) the licensing, using and operating of cinematographs; (g) prescribing the terms and conditions under which cine- matographs shall be operated; (h) the licensing, operating and defining of film exchanges; (i) prohibiting or regulating the exhibition, sale, lease and exchange of films; (j) the examining, regulating and licensing of cine- matograph operators and apprentices; (k) prescribing the terms and conditions under which films shall be exhibited, sold, leased and exchanged; (ka) prescribing classes of video games to which Section 6A does not apply; (kb) respecting the manner in which video games are to be marked with any classifications given to them; NOVEMBER 20, 2014 R.S., c. 466 theatres and amusements 5 (kc) respecting the displaying, selling, leasing, renting, exchanging or distribution of video games or other manners of mak- ing video games available for use; (kd) establishing, adopting or otherwise providing for clas- sification or systems of classification of video games in addition to or in place of classifications given by the Entertainment Software Rat- ing Board; 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 clauses 2(cb), 4(1)(kd) and 6A(1)(a) of this Act, “Board” clearly does not refer to “Minister” in reference to the Entertainment Software Rating Board. In subsection 6A(1) of this Act, “its” clearly should not be replaced by “Minister” in reference to “its video games”. These changes have not been made. (ke) respecting restrictions on the age of persons to whom a video-game outlet may sell, lease, rent, exchange, distribute or other- wise make video games of certain classifications available; (kf) respecting restrictions on video games at places of amusement including restrictions on the age of persons permitted to play video games; (l) prescribing the term or period during which any class of license shall be in force; (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 exami- nations of films; (n) prescribing by whom licenses shall be issued; (o) the making of such returns or reports by such persons and in respect to such matters as may be deemed expedient for the purpose of giving effect to this Act or regulations made thereunder; (p) any other matters that appear to the Governor in Coun- cil necessary or expedient for the purpose of giving full effect to the provisions of this Act or to any of said provisions. (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 enact- ments, 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 NOVEMBER 20, 2014 6 theatres and amusements R.S., c. 466 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; 2012, c.8, s.21. Powers and duties 5 (1) repealed 2000, c. 28, s. 100. (2) The Minister may, in accordance with the criteria prescribed by the regulations, permit or prohibit (a) the use or exhibition in the Province, or in any part or parts thereof, for public entertainment of any film; (b) any performance in any theatre; (c) any amusement in a place of amusement or any amuse- ment or recreation for participating or indulging in which by the pub- lic or some of them fees are charged by any amusement owner; (d) any sale, lease, rental, exchange or distribution of a film. (3) There is hereby established a Film Classification Board con- sisting of one or more members appointed by the Minister. (4) In appointing persons pursuant to subsection (3), the Minister may (a) fix the term of the member’s appointment; and (b) fix the remuneration to be paid to the member. (5) At the request of the Minister, members of the Film Classifi- cation Board shall in accordance with the criteria prescribed by the regulations, classify a film by (a) viewing the film and establishing a classification for it; or (b) reviewing documentation or other information describ- ing the content of the film and establishing a classification for the film. (6) The Minister may appoint an employee of the Department and authorize the employee to (a) classify a film in accordance with subsection (5); or NOVEMBER 20, 2014 R.S., c. 466 theatres and amusements 7 (b) adopt a classification established by another person or body for a film. (6A) Where an employee of the Department has adopted a classifi- cation pursuant to clause (6)(b), the Minister may request that the employee review that classification in accordance with clause [subsection] (5) at any time and either (a) confirm the classification; or (b) rescind the classification and classify the film in accordance with the regulations; (6B) Any power mentioned in subsection (2) to (6A) may be exer- cised, notwithstanding the previously permitted use, exhibition, sale, lease, rental, exchange or distribution of the film or that a license is in force. (6C) There is an appeal from a decision of the Film Classification Board, a film classifier appointed under subsection (6) or the Minister to the Nova Scotia Utility and Review Board, and subject to the conditions prescribed by regula- tion of the Governor in Council. (6D) The Minister may appoint inspectors for the purpose of this Act and the regulations. (7) An 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. (8) An inspector shall perform such other duties as the Minister requires. (9) The Minister may delegate any power or duty conferred or imposed by this Act to an employee of the Department. (10) repealed 2012, c. 8, s. 22. R.S., c.466, s.5; 2000, c.28, ss.100, 102; 2004, c.17, s.3; 2012, c.8, s.22. Marking of video films 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 given in accordance with this Act and the regulations, which classification must be affixed in such man- ner as the Minister may determine to both the container in which the film is kept and any container used for display purposes. NOVEMBER 20, 2014 8 theatres and amusements R.S., c. 466 (3) Except as provided by the regulations, no video outlet shall sell, lease, rent, exchange or distribute any film unless it (a) has been classified in accordance with this Act and regulations; and (b) bears the appropriate classification for that film. R.S., c.466, s.6; 2000, c.28, s.102; 2012, c.8, s.23. Video games 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 Soft- ware Rating Board or with such other classification as is established, adopted or otherwise provided for under the regulations. (2) Except as provided by the regulations, no video-game outlet shall sell, lease, rent, exchange, distribute or otherwise make available any video game unless the video game (a) has been classified by the Entertainment Software Rat- ing Board or given such other classification as is established, adopted or otherwise provided for under the regulations; and (b) the video game is marked in accordance with subsec- tion (1). 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 clauses 2(cb), 4(1)(kd) and 6A(1)(a) of this Act, “Board” clearly does not refer to “Minister” in reference to the Entertainment Software Rating Board. In subsection 6A(1) of this Act, “its” clearly should not be replaced by “Minister” in reference to “its video games”. These changes have not been made. (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 regula- tions from selling, leasing, renting, exchanging, distributing or otherwise making available such video. 2004, c.17, s.4. Municipal powers 7 (1) Notwithstanding any enactment or law made by the Legisla- ture, 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, regula- tions 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 NOVEMBER 20, 2014