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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Film and Video Act
 
Legislature :
55
Session :
3
Bill No. :
8
Member :
Hon. Steeves
First Reading :
2005-12-7
Second Reading :
2005-12-9
Committee of the Whole :
2006-4-13
Amended :
Third Reading :
2006-4-13
Royal Assent :
2006-4-13
Download PDF :
  Bill 8         
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Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Section 1 of the Film and Video Act, chapter F-10.1 of the Acts of New Brunswick, 1988, is amended



(a)               in the definition "video exchange" by striking out "videofilm" and substituting "videofilm or video game";



(b)               in the definition "video distributor" by striking out "videofilm" and substituting "videofilm or video game";



(c)               in the English version of the definition "videofilm" by striking out the period at the end of the definition and substituting a semicolon;



(d)               by adding the following definition in alphabetical order:



"video game" means an object or device that



(a)               stores recorded data or instructions,



(b)               receives data or instructions generated by a user, and



(c)                by processing the data or instructions, creates an interactive game capable of being played, viewed or experienced on or through a computer, gaming system, console or other technology.



2                           Section 4.1 of the Act is amended



(a)               in subsection (1) by striking out "Director of Film Classification" and substituting "Director of Film and Video Game Classification";



(b)               in subsection (2) by striking out "Director of Film Classification" and substituting "Director of Film and Video Game Classification".



3                           Section 6 of the Act is amended by adding after subsection (5) the following:



6(5.1)             The Director may, in accordance with the regulations,



(a)               classify video games for use or exhibition in the Province by



(i)         viewing or playing each video game and assigning a classification to each video game, or



(ii)       adopting the classification accorded to each video game by another jurisdiction, and



(b)               permit or prohibit the distribution of a video game.



6(5.2)             Any power referred to in subsection (5.1) may be exercised by the Director notwithstanding that



(a)               a video game referred to in paragraph (5.1)(a) was previously used or exhibited in the Province, or



(b)               the distribution referred to in paragraph (5.1)(b) was previously permitted.



4                           Subsection 6.5(3) of the English version of the Act is amended by striking out "adjudicator" and substituting "Adjudicator".



5                           Section 9 of the Act is amended by striking out "videofilm" and substituting "videofilm or video game".



6                           Section 10 of the Act is amended by striking out "videofilm" and substituting "videofilm or video game".



7                           Subsection 11(3) of the Act is amended by striking out "videofilms" and substituting "videofilms and video games".



8                           Section 15 of the Act is amended



(a)               by adding after paragraph (i) the following:



(i.1)            prescribing the fees to be paid for the examination of video games and the methods for ascertaining, calculating or determining the fees to be paid;



(b)               by adding after paragraph (k.1) the following:



(k.2)          respecting the prohibiting of the distribution of a video game and the factors to be considered in prohibiting the distribution;



(c)               in paragraph (l) of the French version by striking out "de cote particulier" and substituting "de cote particulière";



(d)               in paragraph (m) of the French version by striking out "d'un cote particulier" and substituting "d'une cote particulière";



(e)               in paragraph (o) of the French version by striking out "de cote particulier" and substituting "de cote particulière";



(f)                by adding after paragraph (o) the following:



(o.1)          prescribing the classifications that may be applied to video games and the classes of persons to whom video games of particular classifications may be exhibited or made available;



(g)               in paragraph (p) of the French version by striking out "d'un cote particulier" and substituting "d'une cote particulière";



(h)               by adding after paragraph (p) the following:



(p.01)       respecting the factors to be considered by the Director in applying a particular classification to a video game;



(i)                by adding after paragraph (p.1) the following:



(p.2)          prescribing a jurisdiction for the purposes of paragraph 6(5.1)(a);



(j)                by adding after paragraph (q) the following:



(q.1)          exempting certain video games and classes of video games from the requirement for classification;



(k)               by adding after paragraph (s) the following:



(s.1)            respecting the terms and conditions under which video games may be exhibited, advertised, sold, leased, rented, loaned, exchanged and distributed to the public;



(l)                by adding after paragraph (t) the following:



(t.1)            respecting the manner in which video games may be displayed to the public in a video exchange;



(m)             by adding after paragraph (v) the following:



(v.1)          respecting the seizure, forfeiture and disposal of video games that are exhibited, displayed or made available to the public in violation of this Act or the regulations;



TRANSITIONAL PROVISION

9                           Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to the Director of Film Classification, it shall be read, unless the context otherwise requires, as a reference to the Director of Film and Video Game Classification.



COMMENCEMENT

10                        This Act or any provision of it comes into force on a day or days to be fixed by proclamation.



EXPLANATORY NOTES



Section 1



(a)               The existing definition is as follows:



"video exchange" means a retail outlet that makes videofilm available to the public;



(b)               The existing definition is as follows:



"video distributor" means a person who distributes videofilm to a video exchange;



(c)                The existing definition is as follows:



"videofilm" includes videocassette, videodisc and videotape.



(d)               New definition.



Section 2



(a)               The existing provision is as follows:



4.1(1)             The Minister may appoint a person employed within the Department as Director of Film Classification to perform the duties set out in this Act and the regulations.



(b)               The existing provision is as follows:



4.1(2)             The Minister shall cause to be published in The Royal Gazette notice of the appointment of the Director of Film Classification and on such publication judicial notice shall be taken in all courts in the Province that the person named therein has been appointed by the Minister in accordance with this Act.



Section 3



New provisions.



Section 4



The existing provision is as follows:



6.5(3)             The adjudicator shall give written reasons for the decision.



Section 5



The existing provision is as follows:



9                           No person who operates or controls a video exchange or employee or agent of the person shall sell, lease, rent, lend, exchange or distribute to the public, or keep for any such purpose, a videofilm that has not been classified by the Director in accordance with the regulations or exempted by regulation from the requirement to be classified.



Section 6



The existing provision is as follows:



10                        No person who operates or controls a video exchange or employee or agent of the person shall sell, lease, rent, lend, exchange or distribute to a member of any class of persons a videofilm that the Director has classified as being restricted from being so supplied to that class of persons.



Section 7



The existing provision is as follows:



11(3)               An inspector may enter and inspect video exchanges during normal business hours and may inspect videofilms in video exchanges.



Section 8



(a) and (b)            Regulation-making powers are added.



(c) to (e) Corrections are made.



(f)                Regulation-making power is added.



(g)               A correction is made.



(h) to (m)             Regulation-making powers are added.



Section 9



Transitional provision.



Section 10



Commencement.
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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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