Second Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 25


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. A70 amended

1           The Amusements Act is amended by this Act.

2(1)        Section 1 is amended by replacing the definition "film" with the following:

"film" means a cinematographic film, a pre-recorded videotape, a pre-recorded digital video disc, a video game and any other medium specified in the regulations from which moving visual images may be produced; (« film »)

2(2)        Section 1 is amended by adding the following definition:

"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,

but does not include any class of video games specified in the regulations. (« jeu vidéo »)

2(3)        Section 1 is amended by repealing the definitions "video distributor" and "video retailer".

3(1)        Clause 23(g) is replaced with the following:

(g) in accordance with any regulations made under clause 53(a), classify film by doing one or more of the following:

(i) viewing the film,

(ii) reviewing documentation or other information describing the content of the film,

(iii) adopting a classification of a film or a class of films established by another person or body;

(g.1) if the board has adopted a classification established by another person or body, review that classification at any time and either

(i) confirm the classification, or

(ii) rescind the classification and classify the film in accordance with the regulations without reference to the classification established by the other person or body;

3(2)        Clause 23(j) is repealed.

4           Subsections 42(3) and  (4) are repealed.

5           Section 44 is amended in the part before clause (a) by striking out "wilfully".

6           Clause 51.2(a) is amended by striking out "to carry on business as a video distributor or video retailer" and substituting " to distribute film".

7            Clause 51.7(a) is amended by striking out "to carry on business in or from the dwelling as a video distributor or video retailer" and substituting "to distribute film in or from the dwelling".

8(1)        Clause 53(a) is replaced with the following:

(a) establishing a classification scheme for film, including

(i) establishing different classification schemes for different classes of film,

(ii) adopting, by reference, a classification scheme established by another person or body, subject to any changes the Lieutenant Governor in Council considers appropriate,

(iii) establishing criteria for classification;

(a.1) respecting the terms and conditions under which film or any class of film may be distributed, sold, leased, supplied, displayed, advertised, exhibited or presented to persons or any class of persons;

(a.2) governing and prohibiting the distribution, sale, lease, supply, display, advertisement, exhibition or presentation of film or any class of film to minors or any class of minors;

8(2)        Clause 53(b) is amended by striking out "persons who distribute film" and substituting " persons or classes of persons who distribute film or classes of film".

8(3)        Clause 53(b.2) is replaced with the following:

(b.2) respecting the physical and visual segregation of film or any class of film in a film exchange;

8(4)        Clause 53(g) is repealed.

8(5)        The following is added after clause 53(l):

(l.1) for the purpose of the definition "film" in section 1, specifying any medium from which moving visual images may be produced;

(l.2) for the purpose of the definition "video game" in section 1, prescribing classes of video games not included in the definition;

Unproclaimed amendment repealed

9           The Amusements Amendment Act, S.M. 1999, c. 20, is repealed.

Coming into force

10          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill defines film in The Amusements Act to include video games, which will allow them to be classified.

It also expands the province's ability to adopt the classification scheme of another body and use that scheme to classify films, including video games.

An expanded power is included to allow the government, by regulation, to restrict the sale and rental of video games to children.