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as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. A70
The Amusements Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
PART I
In this Act,
"amusement" means any contest, dance, entertainment, exhibition, game, performance, program, or show; ("divertissement")
"amusement park" means a tract of land used as a temporary or permanent location for amusement rides; ("parc de divertissement")
"amusement ride" means a device or combination of devices designed or intended to entertain or amuse people by physically moving them; ("manège")
"board" means The Manitoba Film Classification Board appointed under this Act; ("Commission")
"examining board" means the board of examiners appointed hereunder; ("Service d'inspection")
"film" includes any moving picture film, cinematograph film, advertising film, video tape, video disc, slide or other similar device for use in connection with a cinematograph or with any medium used to electronically reproduce images on a screen and includes any part or section of any such moving picture film, cinematograph film, advertising film, video tape, video disc, slide or other similar device; ("film")
"film exchange" means any premises, room, place, house, hall, tent, building or structure of any kind where films or slides are stored, distributed, sold, leased, supplied, displayed, advertised, exhibited or presented; ("centre d'approvisionnement en films")
"licence" means a licence issued pursuant to and for the purposes of this Act, and "licensee"means the holder of such a licence; ("permis" )
"minister" means
(a) under Part II, the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of Part II, and
(b) under Parts III to X, the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of those Parts; (" ministre")
"owner" means any person operating, conducting or managing an amusement or place of amusement, and includes the employee, manager, lessee, transferee or partner of an owner; ("propriétaire")
"person" includes a partnership, limited partnership, syndicate, trustee, joint venture, film exchange, and any association of persons whatsoever; ("personne")
"place of amusement" means any building, place, premises, room or tent where an amusement is given, held, played or takes place for which a price of admission is charged or collected, whether within the premises or elsewhere, in cash or by means of tickets, by voluntary contribution or otherwise for all or any of the persons admitted thereto; and without restricting the generality of the foregoing, includes
(a) a theatre, opera house, moving picture theatre, travelling picture show, open air theatre, amusement hall, music hall, or concert hall,
(b) a dance hall, dance pavilion or hotel, restaurant, or cafe in which facilities are supplied and used for public dancing,
(c) a circus, menagerie, midway, carnival show, grand stand, race track, race course, or pari-mutuel machine,
(d) a hockey rink, toboggan slide, roller coaster, or other riding device, or the park, field, or grounds used for athletics, baseball, football, or other outdoor games,
(e) a hall or grounds used for a boxing or wrestling contest,
but does not include
(f) a school, college, or church, or
(g) a building owned or leased by, and operated by, the Young Men's Christian Association, the Young Women's Christian Association, or Young Men's Hebrew Association, or
(h) a building or hall operated or used for public concerts, plays, shows, dances, social gatherings, and athletic or sporting exercises, exhibitions, or contests, and other forms of amusement, and owned
(i) by a municipality, or
(ii) by the board of trustees of a school division, school district, or a school area, or
(iii) by a neighbourhood or local community organization or association;
unless, at the time the amusement is given, held, played, or takes place, the school, college, church, building, or hall, is leased or rented to any other person, corporation, association, society, or organization and occupied or used, at that time, by the lessee or tenant for the purpose of the giving, holding, playing, or taking place of the amusement; ("lieu de divertissement")
"proprietary right" includes an interest or right acquired by virtue of a lease or co-partnership agreement, or any agreement of any kind, including an agreement authorizing the right to use or show any film; ("droit de propriété" )
"slide" means any stationary picture, slide, or other similar device for use in conjunction with a cinematograph and includes an advertising slide; ("diapositive")
"theatre" means any theatre, opera house, concert hall, or any premises, room, place, house, hall, tent, building or structure of any kind, kept or used for public performance of tragedy, drama, comedy, farce, opera, burlesque, pantomime, vaudeville or any entertainment of the stage whatsoever, and includes any premises, room, place, house, hall, tent, building or structure of any kind to which the public is admitted where any cinematograph moving picture machine or other similar apparatus is operated. ("théâtre")
MOVING PICTURE OPERATORS
The Lieutenant Governor in Council may appoint an examining board, which shall consist of three members of whom one, who shall be the chairman of the board, shall be an officer of The Department of Labour and the other members shall be so selected that one person shall be representative of the employers and one shall be representative of the employees.
Unless he sooner resigns or is removed from office, and unless a shorter term is fixed by the Lieutenant Governor in Council, each member of the examining board shall hold office for two years from the date of his appointment and thereafter until his successor is appointed, but may on the expiration of any term of office be re-appointed for a further term.
The examining board may, subject to the approval of the Lieutenant Governor in Council
(a) prescribe rules and regulations respecting the qualification and examination of persons applying for licences as moving picture machine operators or as assistants or apprentices to such operators, for granting the licences and determining the terms and conditions under which they may be renewed, revoked, or suspended, and for the regulation of the terms and conditions under which moving picture operators and their assistants and apprentices shall be employed;
(b) grant, renew, revoke, and suspend those licences;
(c) fix and collect such fees as the board may determine for the examinations and the licences or renewals thereof and remit them to the minister.
Exhibition of unclassified film.
A licence granted under section 3 may be suspended if the holder thereof exhibits or assists in the exhibition of any film or slide not classified by the board or in respect of which the owner is not a licensee under this Act.
Operator possessing unclassified film.
Where an operator comes into possession of an unclassified film or slide he shall hold it and forthwith notify his employer who in turn shall notify the minister.
Every operator who has been duly examined and who has received a licence to operate moving picture machines or similar apparatus is, subject to this Act, entitled to operate any such machine in any part of the province.
No owner to permit unlicensed operator to act.
No owner of a place of amusement shall allow any film or slide to be exhibited therein unless the operator exhibiting it is the holder of a licence under this Act.
No person shall either by himself or by an agent, operate or cause to be operated for profit or reward, an amusement ride unless
(a) he notifies the Minister of Labour in writing, not less than three days prior to the date on which he intends to operate the amusement ride, of the date, place and duration of the ride; and (b) the amusement ride is reasonably safe for participation therein by the public.
Any inspector from the Department of Labour may enter an amusement park where an amusement ride is being operated and carry out such examinations of the ride as in his opinion is necessary to ascertain whether or not the amusement ride is safe within the meaning of subsection (1).
Issuance of certificate of safety.
Where after an inspection under subsection (2) an inspector finds that the amusement ride is reasonably safe for participation therein by the public he may issue a certificate to that effect to the owner or operator of the amusement ride.
Where after an inspection under subsection (2) an inspector finds or is of the opinion that the amusement ride is unsafe for participation therein by the public he
(a) may require the operator thereof to take such measures or do such things as he considers necessary to make the amusement ride safe; or (b) where he is of the opinion that the amusement ride cannot be rendered safe by reasonable repairs or alterations thereto he shall order the operator to cease to operate that amusement ride.
Every person who operates an amusement ride, shall pay to the inspector who carries out the inspection of the amusement ride under section 7 such fees as may be prescribed by regulations.
Any person
(a) who continues to operate an amusement ride after it is found to be unsafe by an inspector under subsection 7(2); or
(b) who fails to notify the Minister of Labour in accordance with clause 7(1)(a); or
(c) refuses, fails or neglects to comply with an order, directive or requirement of an inspector under subsection 7(4); or
(d) obstructs, hinders or prevents an inspector from carrying out an inspection under subsection 7(2); or
(e) fails or refuses to pay an inspection fee as required under section 8;
is guilty of an offence, and subject to subsection (2) is liable on summary conviction to a fine not exceeding $500.
Where a person is found guilty of an offence under clause (l)(a), (b) or (c), he is guilty of a separate offence for every day that the offence continues.
Exemption from civil liability.
Where a person suffers any injury resulting from the participation by that person in an amusement ride that has been certified as being safe under subsection 7(3), neither the inspector nor the Crown in right of Manitoba is liable to that person for the injury suffered unless the inspector was negligent in his inspection of the amusement ride.
PURPOSES
The purposes of this Part and the following Parts of this Act are
(a) to provide a comprehensive procedure for the classification and regulation of films; and
(b) to provide for the dissemination of information to residents of the province concerning the nature and content of films.
Conflict between Act and other instruments.
Where there is a conflict between the provisions of this Act and any licence, permit, agreement or other instrument or document, whenever made or executed, the provisions of this Act shall prevail.
Any contract made or containing a provision in contravention of this Act is void.
ESTABLISHMENT OF THE MANITOBA FILM CLASSIFICATION BOARD
There is hereby established a board to be known as "The Manitoba Film Classification Board" composed of not fewer than 16 members to be appointed by the Lieutenant Governor in Council.
A member may be appointed to the board on a full or part-time basis.
Unless a member sooner dies, resigns, or is removed from office, each member shall serve for such period as is specified in the order by which the member is appointed and thereafter until a successor is appointed.
Presiding and deputy presiding member.
The Lieutenant Governor in Council shall designate one of the members of the board as the presiding member of the board and another member as the deputy presiding member of the board.
The presiding member, deputy presiding member and each other member of the board shall be paid such remuneration as may be fixed by the Lieutenant Governor in Council and in addition each member may be paid such reasonable out-of-pocket expenses incurred by the member in the performance of duties as a member of the board, as may be approved by the minister.
Validity of acts where a vacancy exists.
Any vacancy in the membership of the board does not affect the validity of any act or thing done by or in the name of the board.
Such employees, as may be necessary to enable the board to perform its duties and functions and to exercise its powers, may be appointed as provided in The Civil Service Act; and the minister may designate employees and such other persons as he deems proper as inspectors under this Part, who shall enforce this Act, other than Part II, and the regulations other than those under that Part.
Members of the board and its employees and persons acting under the instructions of the board or under the authority of this Act or the regulations, are not personally liable for any loss or damage suffered by any person by reason of anything in good faith done, caused, permitted or authorized to be done, or omitted to be done, by them, pursuant to, or in exercise of, or supposed exercise of, the powers given by this Act or the regulations.
POWERS AND DUTIES OF THE BOARD
The board shall perform the duties and functions, and may exercise the powers, imposed upon or granted to it under this Act, or any other Act of the Legislature, and it shall discharge, perform and carry out such other duties and functions as may from time to time be assigned to it by the Lieutenant Governor in Council or by the minister.
Without restricting the generality of section 22, the board may, for the purposes of this Act
(a) administer and enforce this Act and the regulations;
(b) carry out surveys and research programs, and obtain statistics for the purposes of the board;
(c) prescribe, by regulation, forms and the contents thereof for use under this Act;
(d) take such measures, provide such services, disseminate such information, undertake such projects and programs and do all such like things as it may deem advisable in the attainment of the purposes of this Act;
(e) upon application made to it, furnish an applicant therefor with a ruling as to whether or not a proposed or existing action or circumstance would be or is contrary to this Act;
(f) except for the purposes of subsections 25(1) and 31(6) and section 35 extend the time limited for the doing of any act or thing;
(g) subject to guidelines established by regulation made by the Lieutenant Governor in Council, adopt the classification accorded to a film by any other person;
(h) receive and expeditiously investigate, or refer to an appropriate body for investigation, complaints made to it with respect to films, licencees, or the enforcement or operation of this Act, and forthwith report its findings and recommendations to such persons as the board may deem advisable including the complainant and the respondent;
(i) govern, by regulation, the advertising of film;
(j) classify film;
(k) issue, suspend, revoke and otherwise deal with licences in accordance with the regulations; and
(l) governing by regulation the showing of film.
Where the board is of the opinion that the public interest will not be injuriously affected thereby, the board may on application or on its own initiative and subject to such terms and conditions as it may impose, by regulation exempt a person, class of persons, film or class of films from all or any part of this Act and from all or any part of the regulations made by the board pursuant to this Act.
The board shall transmit in each year to the minister a report on its operations for the fiscal year ending March 31 of that year.
The minister shall forthwith table the report in the Legislature if it is then in session, and if it is not in session, within 15 days after the opening of the next ensuing session of the Legislature.
Subject to the provisions of The Legislative Library Act, the board shall
(a) keep or cause to be kept a record of all applications and proceedings filed with or heard and determined by the board or a member or panel thereof;
(b) keep or cause to be kept and issue upon request and payment of such fees as may be fixed by the board, certified copies of any order or rule made by the board;
(c) have the custody and care of all records and documents filed with the board.
Obtaining copy of record of classification.
Upon payment of the fee prescribed by the regulations, any person may obtain a copy of the record of classification of a film which has been classified by the board pursuant to this Act.
PRACTICE AND PROCEDURE
The board may constitute from its members such panels or committees, and may assign to each panel or committee such duties and functions, as the board may find necessary for the purposes of this Act, and each such panel or committee, when so constituted, has all the powers of the board necessary to carry out those duties and functions.
Any document required to be served upon the board shall be served upon the presiding member, or the deputy presiding member, or as the board may by regulation otherwise provide.
Subject to the provisions of this Part and the regulations, the board may make rules respecting the practice and procedure and the business of the board.
General principles with respect to licences.
In this section "party" means, with respect to a licence only
(a) a person who has applied for or requested the exercise of a power or the doing of any act or thing in connection with the exercise of a power;
(b) a person who has made known to the board an intention to oppose or object to the exercise of a power or the doing of any act or thing in connection with the exercise of a power;
(c) a person who has made known to the board an intention to support an application or request for the exercise of a power or the doing of any act or thing in connection with the exercise of a power.
Where an application is made to the board, or where the board on its own initiative proposes to exercise a power, the board shall give notice to all parties indicating when and where evidence and submissions relative to the application or the proposed exercise of the power may be submitted.
Before the board refuses an application of a party or exercises a power in a manner that adversely affects a party
(a) it shall give the party an opportunity to submit evidence or submissions relative to the application or the exercise of the power and to cross-examine any witness whose evidence has been submitted by any other party;
(b) where the board has received any evidence, submission or allegation relative to the application or the exercise of the power and contrary to the interest of the party, other than at a hearing of which the party had notice and at which the party was entitled to attend, it shall, subject to the regulations, inform the party of that evidence, submission or allegation in sufficient detail to permit an understanding of it and afford an opportunity of contradicting, answering or explaining it; and
(c) it shall give the party an adequate opportunity of making representations by way of argument to the board.
A party to any proceeding before the board may be represented by counsel at the proceeding; and the counsel has the same rights to submit evidence and submissions and to cross-examine witnesses as the party represented.
Where the board exercises a power so as to affect a party adversely, that party may
(a) within two weeks from the date of the publication of the order or decision by which the power was exercised; or
(b) within two weeks from the date on which the party was notified of the order or decision by which the power was exercised;
whichever date is the earlier, request the board in writing to furnish a written statement of its order or decision setting out the finding of fact upon which it based its order or decision and the reasons for the order or decision.
Where the board receives a request under subsection (5), it shall furnish the party with the written statement requested within four weeks from the date on which it receives the request.
Where, within the time for appeal prescribed by subsection 39(2), a request for a statement is made under subsection (5), the time for appeal is extended by a period equal in length to the period commencing on the date on which the board received the request and ending seven days after the date on which the statement is furnished to the party making the request.
Where a person has submitted evidence or a submission in any proceeding before the board, any party to the proceeding adversely affected by that evidence or submision may request that person to submit to cross-examination.
Failure to submit to cross-examination.
Where a person fails to comply with a request for cross-examination the board may ignore any evidence or submission submitted by such person in the proceeding in respect of which the request for cross-examination was made.
This section applies only to
(a) the refusal of an application for a licence; or
(b) the refusal of an application for the renewal of a licence; or
(c) the exercise of a power by the board that adversely affects a party.
The board is not bound by the technical rules of evidence but nothing is admissible in evidence at a hearing relating to the issuance, cancellation or suspension of a licence
(a) that would be inadmissible in the Court of Queen's Bench by reason of any privilege under the law of evidence; or
(b) that is inadmissible by reason of any provision of this or any other Act.
The board may take notice of general, technical or scientific fact lying within its specialized knowledge and upon which it intends to rely, provided however that it shall first have provided the parties before it with a reasonable opportunity to contest it.
The board shall, prior to any hearing, disclose to the parties all material evidence in its possession.
The board shall, within four weeks of receipt of any application for classification of film, give notice of its decision to the applicant, stating the reasons for such decision.
The board may, upon application based upon facts not previously known to the board, or of its own initiative, review, rescind, or vary any decision or order made by it.
APPEALS
For the purposes of this Part, except in section 38, "board" includes any person to whom a delegation of powers or duties has been made pursuant to the regulations.
Any person affected by an act or decision of an inspector may appeal to the board in accordance with the provisions of the regulations.
Any person affected by a decision or order of the board, other than a decision or order with respect to the classification of a film, may appeal such decision or order to the Court of Queen's Bench upon the ground that the board
(a) failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction; or
(b) erred in law in making its decision or order, whether or not the error appears on the face of the record.
Subject to the provisions of subsection 31(7), an appeal of a decision or order of the board, shall be made within 30 days from the date on which the decision or order is made, or within such further time, not exceeding 30 days, as a judge of the court may on application, allow.
The taking of an appeal under subsection (1) does not stay the operation of the decision or order appealed against, but a judge of the court may
(a) stay the operation thereof;
(b) prescribe terms and conditions to which the stay may be subject; and
(c) make such interim order as may be necessary to give effect to the purposes of this Act and as to the judge seems just.
The decision of the court is final and binding and there is no appeal therefrom.
The costs of the appeal are in the discretion of the court, and the court may make an order respecting costs in favour of or against the board.
An appeal lies from any decision or order of the board classifying a film, and for that purpose the minister may appoint an appeal board consisting of not less than five persons, who are not members of the board, and who shall act upon and decide the appeal in accordance with the provisions of the regulations.
Time for appeal of classification.
An appeal shall be made within 30 days from the date upon which the party appealing receives notice of the decision or order, or within such further time, not exceeding 30 days, as the appeal board may allow.
ENFORCEMENT
Except where otherwise provided by this Act or the regulations, no person shall possess, store, distribute, sell, lease, supply, display, advertise, exhibit or present any film unless
(a) the film has been classified pursuant to the provisions of this Act;
(b) the person is the holder of a licence issued pursuant to the provisions of this Act;
(c) the classification and licence are in good standing and have not been suspended or revoked; and
(d) all fees have been paid as required by the regulations.
Application for classification and licence.
Except where otherwise provided by this Act or the regulations, every person who intends to possess, store, distribute, sell, lease, supply, display, advertise, exhibit or present any film shall first apply to the board for, and obtain, a licence or classification therefor, as provided by the regulations.
Falsification or alteration of documents.
No person shall falsify or unlawfully remove, alter, conceal, destroy or obliterate any licence, form or other document made, issued or employed for the purposes of this Act.
Every person who wilfully
(a) contravenes any provision of this Act or the regulations; or
(b) hinders or misleads a person authorized to carry out an investigation under this Act; or
(c) furnishes false information to a person referred to in clause (b); or
(d) withholds, conceals or destroys anything relevant to the subject matter of an investigation under this Act; or
(e) hinders or prevents the board from effectively carrying out its duties and powers under this Act; or
(f) fails, refuses or neglects to comply with a decision or order of the board;
is guilty of an offence, and in addition to any other penalty provided by this Act, is liable, on summary conviction, to a fine not exceeding $5,000. and to such costs as may be awarded by the court.
Every person who
(a) does or omits to do anything for the purpose of aiding or abetting another person; or
(b) advises another person;
to commit an offence under this Act, is guilty to an offence and is liable, on summary conviction, to the penalty set out under section 44.
Offence by an officer, etc. of corporation.
Where a corporation is convicted of an offence under this Act, any officer, director or agent of the corporation who directed, authorized, participated in, or acquiesced in the commission of the offence, is party to and is also guilty of an offence and is liable, on summary conviction, to the penalty set out under section 44.
Separate offences and penalties.
In a prosecution under this Act, any number of offences committed by the same person may be included in the one information or offence notice if it contains specifically the time and place of the commission of each offence; and one conviction for several offences, imposing a separate penalty for each offence, may be made under this section.
A person shall be deemed to be in possession of film where the film or documents of title thereto are in the actual custody of that person or are held by another person subject to the control of that person or for or on behalf of that person.
Notwithstanding the provisions of any other Act of the Legislature, a prosecution for an offence under this Act may be commenced at any time within two years after the date of the alleged offence and a prosecution for an offence under this Act which relates to or arises out of any misrepresentation or fraud on the part of the accused, may be commenced at any time before the expiration of two years after the date on which the misrepresentation or the fraud became known to the board.
Failure to comply with Act or licence.
Where a person fails to comply with this Act or with the provisions of any licence, the board may apply to a judge of the Court of Queen's Bench for an order requiring the person to comply with this Act or the provisions of the licence or both; and the judge may also make such further order, including an order enjoining any person from doing any act or thing, as may be necessary to give effect to the purposes of this Act or the provisions of the licence, or both, and as to the judge seems just.
An application for an order under subsection (1) may be made ex parte where the judge is satisfied that such is just and necessary under the circumstances, in which event any order made shall be of an interim nature.
Every inspector, while exercising any powers or performing any duties under this Act or the regulations shall, upon request therefor, produce a certificate of appointment containing a photograph of the inspector,
REGULATIONS
For the purpose of carrying out the provisions of this Act according to their intent, the board may make such regulations as are ancillary thereto and are not inconsistent therewith nor inconsistent with regulations made by the Lieutenant Governor in Council; and every regulation made under and in accordance with the authority granted by this section has the force of law; and, without restricting the generality of the foregoing, the board may make regulations
(a) governing applications for licences and renewals thereof, and prescribing the requirements to be met by applicants therefor;
(b) providing for the recording of proceedings of the board;
(c) providing for service of documents upon the board for the purposes of section 29;
(d) prescribing forms and the contents thereof for use under this Act;
(e) exempting persons, classes of persons, and films for the purposes of section 24;
(f) governing the advertising of film;
(g) governing the showing of film; and
(h) generally, for the purpose of giving effect to the purposes of this Act.
Lieutenant Governor in Council regulations.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under and in accordance with the authority granted by this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations
(a) establishing classifications and criteria for classification of film;
(b) respecting the licencing of film exchanges;
(c) exempting a person, class of persons, film or class of films from all or any part of this Act or any regulation made thereunder;
(d) defining any word or expression used in this Act but not defined herein;
(e) prescribing fees;
(f) establishing rules of practice and procedure for the purposes of Parts VI and VII;
(g) establishing guidelines for the purpose of clause 23(g);
(h) respecting the publication by the board of regulatory agenda;
(i) determining and fixing the amount to be levied annually against each class of licencee;
(j) prescribing matters to be considered by the board in the consideration of any application;
(k) providing for appeals from an act or decision of an inspector for the purposes of section 38;
(l) providing for the delegation to any person of any of the powers or duties of the board;
(m) generally, for the purpose of giving effect to the purposes of this Act.
Where there is a conflict between a provision of a regulation made under section 52 and a provision of a regulation made under section 53, the provision of the regulation made under section 53 prevails.
Application of regulation to part of province.
A regulation made under this Act may be made to apply only to a specified area of the province.
GENERAL
Nothing in this Act prevents a natural person from producing or possessing film for the personal, private and non-commercial use of that person.
Nothing in this Act applies to contracts for or possession of film solely for delivery through, or beyond the boundaries of, the province.
Ombudsman and The Manitoba Human Rights Commission.
The Ombudsman and The Manitoba Human Rights Commission, or any person employed thereby and so instructed, has free access at any time to records of the board, and may require such records, together with such statistics, statements and reports as appear reasonable and necessary, to be furnished from time to time.
Information obtained by or furnished to the board or any member, employee or agent of the board, shall not be communicated by the board or member, employee or agent other than for the purposes of or in connection with this Act or as required by law.
No person shall sell, barter or exchange for anything any ticket of admission to a place of amusement for a price or consideration greater than that paid or given therefor to the owner of the place of amusement to which it is an admission.
The provisions of this Act shall be deemed severable each from the others, and if any provision found to be beyond the powers of the Legislature, the remaining provisions shall not solely by reason thereof also be deemed to be beyond its powers.