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The Amusements Amendment Act

S.M. 1991-92, c. 7

Bill 2, 2nd Session, 35th Legislature

The Amusements Amendment Act

(Assented to July 26, 1991)

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.

Section 1 amended

2           Section 1 is amended

(a) in the definition of "film" by adding "pre-recorded" before "video", wherever it occurs;

(b) in the definition of "owner", by striking out "or place of amusement" and substituting ", place of amusement or film exchange";

(c) by adding the following definitions in alphabetical order within the section:

"distribute" includes distribution to the public for home use, and to other distributors; («distribution»)

"video distributor" means a person who distributes film intended for home use to a video retailer or to another video distributor but not to members of the public; («distributeur de vidéos»)

"video retailer" means a person who distributes film intended for home use to members of the public, but does not include a video distributor. («détaillant de vidéos»)

Subsection 7(1) amended

3(1)        Subsection 7(1) is amended

(a) by striking out "either by himself" and substituting ", either by himself or herself"; and

(b) by adding "or she" after "he", wherever it occurs.

Subsection 7(2) amended

3(2)        Subsection 7(2) is amended by adding "or her" after "his".

Subsection 7(3) amended

3(3)         Subsection 7(3) is amended by striking out "he" and substituting ", he or she".

Subsection 7(4) amended

3(4)        Subsection 7(4) is amended

(a) by striking "by the public he" and substituting "by the public, the inspector";

(b) in clause (a), by striking out "he" and substituting "the inspector";

(c) in clause (b)

(i) by striking out "where he" and substituting "shall, where he or she", and

(ii) by striking out "thereto he shall" and substituting "thereto,".

Subsection 9(2) amended

4           Subsection 9(2) is amended by striking out "he" and substituting "the person".

Section 10 amended

5           Section 10 is amended by adding "or her" after "his".

Section 20 amended

6           Section 20 is amended by adding "or she" after "he".

Section 23 amended

7           Section 23 is amended

(a) in clause (c), by striking out "prescribe, by regulation," and substituting "make regulations respecting";

(b) in clause (g), by striking out "adopt the classification accorded to a film by any other person" and substituting "classify a film based on information prescribed by regulation respecting the content of the film, or by adopting a classification of the film by another person or by a body established by the legislation of another province or a territory of Canada to classify, review or approve films";

(c) in clause (h), by striking out "licencees" and substituting "licensees";

(d) by repealing clause (l) and substituting the following:

(l) govern by regulation the distribution, exhibition and presentation of film.

Subsection 42(3) amended

8(1)        Subsection 42(3) is amended

(a) by adding "or "18+"" after ""Restricted"";

(b) in the French version, by striking out "Limité" and substituting "Réservé".

Subsection 42(4) amended

8(2)        Subsection 42(4) is amended by striking out "a parent" and substituting "his or her parent".

Section 42.1 added

9           The following is added after section 42:

Obstruction of inspector

42.1        No person shall obstruct or furnish false information to an inspector in the performance of his or her duties.

Clause 44(b) amended

10          Clause 44(b) is amended by adding "or inspection" after "investigation".

Sections 51.1-51.9 added

11          The following is added after section 51:

Powers of inspectors

51.1        For the purpose of enforcing and administering this Act, an inspector appointed under section 20 has the power

(a) subject to the limitations set out in section 51.2 (dwellings), to inspect, at any reasonable time, any theatre, film exchange or other premises where a film is or is to be exhibited, distributed, sold, leased or offered;

(b) subject to the limitations set out in section 51.2 (dwellings), to enter, at any reasonable time, without a warrant, any theatre, film exchange or other premises where a film is or is to be exhibited, distributed, sold, leased or offered;

(c) to require the production of a film, advertising associated with a film, or other documents that the inspector considers necessary;

(d) to require that an owner give the inspector reasonable assistance with respect to an inspection;

(e) upon giving a receipt, to remove a film, advertising associated with a film, or any document the inspector considers necessary, for the purpose of reviewing and making copies;

(f) to seize any film that is not classified in accordance with the Act or regulations; and

(g) to remove and hold any film or advertising that the inspector believes, on reasonable grounds, was or will be exhibited, distributed, sold, leased or offered for distribution contrary to this Act or the regulations.

Inspection of part of dwelling licensed for business or film

51.2        For the purpose of enforcing and administering this Act, an inspector appointed under section 20 has the power to enter a dwelling, at any reasonable time, without a warrant, only where it is a dwelling

(a) in or from which a person is licensed under this Act or the regulations to carry on business as a video distributor or video retailer; or

(b) in which a film is being, or is to be, exhibited under a licence issued under this Act or the regulations;

and the inspector may inspect only the part of the dwelling in which the business is carried on or the film is being, or is to be, exhibited.

Order to turn over film

51.3        Where, on reasonable grounds, an inspector believes that a film or advertising was or will be exhibited, distributed, sold, leased or offered contrary to the Act or the regulations, the inspector may by written order direct that the film or advertising, or both, be turned over to the inspector.

Order to retain film

51.4        Where an order under section 51.3 is not complied with immediately, the inspector may by written order direct that the subject matter referred to in the order not be removed from the premises, or destroyed or altered in any manner.

Limitation on powers of inspectors

51.5        The powers set out in sections 51.1 and 51.2 do not permit an inspector to use force in the exercise of any power, except under the authority of a warrant.

Warrant to enter building or premises

51.6         Subject to section 51.7 (dwellings), where a justice is satisfied by information obtained under oath that

(a) there are reasonable grounds to believe that it is necessary to enter a building or premises for the enforcement of this Act or the regulations, and that

(I) a reasonable, unsuccessful effort to enter without the use of force has been made, or

(ii) there are reasonable grounds to believe that entry would be denied without a warrant; or

(b) an order issued under section 51.3 has not been complied with;

the justice may, on a motion without notice, issue a warrant authorizing an inspector and any other person named by the justice in the warrant, with such peace officers as are required to assist, to enter the building or premises and take any action that an inspector may take under this Act and to use such force as may be necessary.

Warrant respecting dwelling

51.7        A justice shall not issue a warrant under section 51.6 to enter a dwelling unless, in addition to the requirements set out in section 51.6, the justice is satisfied on information obtained under oath that an inspector has reasonable grounds to believe that

(a) a person is licensed under this Act or the regulations to carry on business in or from the dwelling as a video distributor or video retailer; or

(b) a film is being exhibited, or is to be exhibited, in the dwelling under a licence issued under this Act or the regulations.

Entry under warrant

51.8        An entry under a warrant may be made only between sunrise and sunset unless the warrant specifies otherwise.

Destruction of film

51.81       A film or advertising removed by an inspector, may be destroyed by the board if

(a) no appeal is made to the board under section 38; or

(b) the board finds on an appeal under section 38 that the film or advertising was exhibited, distributed, sold, leased or used in contravention of the Act or the regulations.

Return of film

51.9        A film or advertising removed by an inspector shall be returned by the board within a reasonable period of time to the owner or the person from whom it is removed, if

(a) the board finds that the Act and regulations have not been contravened; or

(b) no prosecution is commenced under the Act within the time periods specified under section 49.

Section 52 amended

12          Section 52 is amended

(a) by striking out the part preceding clause (a) and substituting "Subject to section 54, the board may make regulations";

(b) in clause (d), by striking out "prescribing" and substituting "respecting";

(c) by repealing clause (g) and substituting the following:

(g) governing the distribution, exhibition and presentation of film;

Section 53 amended

13          Section 53 is amended

(a) by striking out the part preceding clause (a) and substituting "The Lieutenant Governor in Council may make regulations";

(b) by repealing clause (b) and substituting the following:

(b) respecting the licensing of persons who distribute film, and the terms and conditions of licences;

(c) by adding the following after clause (b):

(b.1) further defining "distribute" for the purposes of a regulation;

(b.2) respecting the segregation in a film exchange of films classified under this Act or the regulations as "18+";

(d) in clause (I), by striking out "licencee" and substituting "licensee".

Coming into force

14          This Act comes into force on the day it receives royal assent.