BILL 33 — 2015
MOTION PICTURE AMENDMENT ACT, 2015

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

1 Section 1 of the Motion Picture Act, R.S.B.C. 1996, c. 314, is amended

(a) by repealing the definitions of "adult film", "adult film distributor" and "adult film retailer",

(b) by repealing the definition of "adult motion picture" and substituting the following:

"adult motion picture" means a motion picture that has, as its main object, the depiction of

(a) sexually explicit scenes,

(b) scenes, depicted in a realistic and explicit manner, of brutality or torture to persons or animals, or

(c) scenes prescribed by regulation; ,

(c) by adding the following definitions:

"adult motion picture distributor" means a person who distributes an adult motion picture to

(a) an adult motion picture retailer, or

(b) another adult motion picture distributor;

"adult motion picture retailer" means a person who distributes an adult motion picture to another person, but does not include

(a) a person who distributes an adult motion picture to another person by means of the internet, cable television, satellite or other prescribed means, or

(b) an adult motion picture distributor; ,

(d) by repealing the definition of "copy" and substituting the following:

"copy" means an identical reproduction; ,

(e) by repealing the definitions of "film" and "former Act",

(f) by adding the following definition:

"inspector" means the director or a person designated as an inspector under section 12.11; ,

(g) by repealing the definitions of "motion picture" and "motion picture distributor" and substituting the following:

"motion picture" means a moving visual image that may be generated for viewing from

(a) any thing, including film, videotape, videodisc or an electronic or digital storage device, or

(b) any source, including electronic, wire, fibre optic cable, telecommunication, digital or satellite sources,

but does not include

(c) a video game, or

(d) a prescribed type or class of moving visual image;

"motion picture distributor" means a person who distributes a motion picture to

(a) a proprietor, lessee, manager or employee of a theatre,

(b) a motion picture retailer, or

(c) another motion picture distributor,

but does not include the government of British Columbia or Canada; ,

(h) by adding the following definitions:

"motion picture retailer" means a person who distributes a motion picture to another person, but does not include a person who distributes a motion picture to another person by means of the internet, cable television, satellite or other prescribed means;

"restricted motion picture" means a motion picture that contains

(a) sexually explicit scenes,

(b) scenes, depicted in a realistic and explicit manner, of brutality or torture to persons or animals, or

(c) scenes prescribed by regulation,

but does not include an adult motion picture; , and

(i) by repealing the definitions of "video distributor" and "video retailer".

2 The following section is added:

Interpretation

1.1  (1) If a provision of the Business Practices and Consumer Protection Act that applies for the purposes of this Act includes a reference to

(a) "this Act", in applying the provision for the purposes of this Act, the reference must be read as a reference to the Motion Picture Act, and

(b) "the regulations", in applying the provision for the purposes of this Act, the reference must be read as a reference to the regulations enacted under the Motion Picture Act.

(2) Subject to this section, if a word or phrase used in a provision of the Business Practices and Consumer Protection Act that applies for the purposes of this Act is defined in the Business Practices and Consumer Protection Act, or in the regulations enacted under that Act, the word or phrase, when applied for the purposes of this Act, has the same meaning as defined in or under the Business Practices and Consumer Protection Act.

(3) If a word or phrase used in a provision of the Business Practices and Consumer Protection Act that applies for the purposes of this Act is defined in this Act, or in the regulations enacted under this Act, the word or phrase, when applied for the purposes of this Act, has the same meaning as defined in or under this Act.

3 Section 2 is amended

(a) in subsection (1) by striking out "a motion picture or a copy of it" and substituting "a motion picture, or a copy of it," and by striking out "approval." and substituting "review under section 5.",

(b) by repealing subsections (2) and (3) and substituting the following:

(2) A motion picture distributor must not distribute a motion picture, or a copy of it, for the purpose of exhibition in a theatre unless,

(a) in the case of an adult motion picture, the adult motion picture has been approved by the director under section 5, or

(b) in the case of any other motion picture, the motion picture has been reviewed by the director under section 5.

(3) A person must not exhibit a motion picture, or a copy of it, in a theatre unless,

(a) in the case of an adult motion picture, the adult motion picture has been approved by the director under section 5, or

(b) in the case of any other motion picture, the motion picture has been reviewed by the director under section 5,

and any conditions imposed under this Act are complied with. , and

(c) in subsection (4) by striking out "evidence of approval satisfactory to the director," and substituting "evidence satisfactory to the director," and by striking out "approved" and substituting "approved or reviewed".

4 The following section is added:

Review of restricted motion pictures for distribution

2.1  (1) If a restricted motion picture, or a copy of it, is intended to be distributed by a motion picture distributor, the motion picture distributor must submit the restricted motion picture to the director for review under section 5.

(2) A motion picture distributor or motion picture retailer must not distribute a restricted motion picture, or a copy of it, unless

(a) the restricted motion picture has been reviewed by the director under section 5, and

(b) any conditions imposed under this Act are complied with.

(3) Before a motion picture distributor distributes a restricted motion picture, or a copy of it, to a motion picture retailer, the motion picture distributor must attach to the restricted motion picture or copy, in a manner determined by the director, a certificate or some other evidence satisfactory to the director demonstrating that the restricted motion picture has been reviewed by the director under section 5.

(4) A motion picture distributor or motion picture retailer must not distribute a restricted motion picture that has been reviewed by the director under section 5, or a copy of the restricted motion picture, unless

(a) that review is demonstrated by the attachment, to the restricted motion picture or copy, of the certificate or other evidence of review required under subsection (3) of this section, and

(b) the certificate or other evidence of review has not been removed, reused or tampered with in any manner since the time of its attachment.

5 Section 3 is repealed and the following substituted:

Review of adult motion pictures for distribution

3  (1) If an adult motion picture, or a copy of it, is intended to be distributed by an adult motion picture distributor, the adult motion picture distributor must submit the adult motion picture to the director for review under section 5.

(2) An adult motion picture distributor or adult motion picture retailer must not distribute an adult motion picture, or a copy of it, unless

(a) the adult motion picture has been approved by the director under section 5, and

(b) any conditions imposed under this Act are complied with.

(3) Before an adult motion picture distributor distributes an adult motion picture, or a copy of it, to an adult motion picture retailer, the adult motion picture distributor must attach to the adult motion picture or copy, in a manner determined by the director, a certificate or some other evidence of approval satisfactory to the director demonstrating that the adult motion picture has been approved by the director under section 5.

(4) An adult motion picture distributor or adult motion picture retailer must not distribute an adult motion picture that has been approved by the director under section 5, or a copy of the adult motion picture, unless

(a) that approval is demonstrated by the attachment, to the adult motion picture or copy, of the certificate or other evidence of approval required under subsection (3) of this section, and

(b) the certificate or other evidence of approval has not been removed, reused or tampered with in any manner since the time of its attachment.

6 Section 5 is amended

(a) by repealing subsection (1) and substituting the following:

(1) If a motion picture is submitted to the director under section 2, 2.1 or 3, on receipt of any fees required by the regulations or set under section 12.6, the director must review and classify the motion picture in accordance with this Act and the regulations. ,

(b) by repealing subsections (2) to (4),

(c) by repealing subsection (5) and substituting the following:

(5) If the director reviews an adult motion picture under subsection (1), the director must

(a) consider the adult motion picture in its entirety and take into account the general character of the adult motion picture, including whether the theme, subject matter or plot of the adult motion picture is artistic, historical, political, educational or scientific, and

(b) approve or refuse to approve the adult motion picture in accordance with subsections (5.1) and (5.2).

(5.1) If an adult motion picture does not contain a depiction of any of the following scenes, the director must approve the adult motion picture:

(a) sexually explicit scenes involving violence;

(b) sexually explicit scenes that are degrading or dehumanizing;

(c) a person who is under 18 years of age, or who is intended to represent someone under that age, and who appears

(i) nude or partially nude in a sexually suggestive scene, or

(ii) in a sexually explicit scene;

(d) scenes prescribed by regulation.

(5.2) If an adult motion picture contains a depiction of any of the scenes referred to in subsection (5.1), the director may approve or refuse to approve the adult motion picture. ,

(d) by repealing subsection (6),

(e) in subsection (7) by striking out "on the approval of a motion picture submitted under section 2 (1)" and substituting "in respect of a motion picture reviewed under subsection (1),", and

(f) by repealing subsection (8) and substituting the following:

(8) On approving an adult motion picture under this section, the director may require that a copy of the adult motion picture be deposited with the director.

7 Section 6 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) If the director, in respect of a motion picture, has imposed a condition under this Act that all minors be prohibited from viewing the motion picture in a theatre, a person in charge of a theatre must not permit a minor to attend at the theatre to view that motion picture or a copy of it.

(2) A motion picture retailer must not distribute a motion picture, or a copy of it, to a minor if, as a condition imposed under this Act,

(a) all minors are prohibited from viewing the motion picture in a theatre, or

(b) the motion picture can be exhibited only in theatres designated by the director.

(2.1) A motion picture retailer must not distribute a restricted motion picture, or a copy of it, to a minor.

(2.2) A motion picture retailer must ensure that any restricted motion pictures, or copies of them, on the premises of the retailer are physically segregated, in accordance with the regulations, from other classes of motion pictures on the premises. ,

(b) in subsection (3) by striking out "adult film retailer" in both places and substituting "adult motion picture retailer" and by striking out "adult film to a minor," and substituting "adult motion picture, or a copy of it, to a minor,", and

(c) in subsection (4) by striking out "adult film retailer" and substituting "adult motion picture retailer" and by striking out "adult films" in both places and substituting "adult motion pictures".

8 Section 8 is repealed and the following substituted:

Licences – application of Business Practices
and Consumer Protection Act

8  (1) A person must not carry on business as a motion picture distributor, an adult motion picture distributor, a motion picture retailer, an adult motion picture retailer or a theatre unless the person is

(a) licensed under subsection (2) in respect of each location from which business is carried on, or

(b) exempt by regulation from the requirement to be licensed.

(2) The director may issue a licence to an applicant and impose conditions on the licence.

(3) Sections 144 [application for licence], 145 (2) [licences], 146 [actions by director respecting licence] and 147 (1) to (5) [opportunity to be heard] of the Business Practices and Consumer Protection Act apply for the purposes of this Act.

Prohibition – distribution of motion pictures

8.1  A motion picture distributor, an adult motion picture distributor, a motion picture retailer or an adult motion picture retailer must not distribute a motion picture, or a copy of it, to a person who is required to be licensed under section 8 unless that person has a valid licence.

9 Section 12 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) An inspector may conduct an inspection for the following purposes:

(a) determining compliance with

(i) this Act and the regulations,

(ii) a condition of a licence, or

(iii) an order of the director or an inspector under this Act;

(b) assessing an applicant for a licence.

(1.1) The following sections of the Business Practices and Consumer Protection Act apply for the purposes of this Act:

(a) sections 150 [inspection powers] to 153 [records or things retained];

(b) section 154 [undertakings];

(c) section 155 (1) to (3), (4) (c) and (d) and (5) to (7) [compliance orders].

(2) An inspector who conducts an inspection under subsection (1) (a) may seize

(a) any motion picture, or a copy of any motion picture, that the inspector believes will be exhibited in a theatre and that has not been reviewed or approved, as applicable, by the director under section 5,

(b) any restricted motion picture, or a copy of any restricted motion picture, that

(i) the inspector believes will be distributed by a motion picture distributor or motion picture retailer, and

(ii) either

(A) has not been reviewed by the director under section 5, or

(B) does not have attached to it a certificate or other evidence of review as required under section 2.1 (3),

(c) any adult motion picture, or a copy of any adult motion picture, that

(i) the inspector believes will be distributed by an adult motion picture distributor or adult motion picture retailer, and

(ii) either

(A) has not been approved by the director under section 5, or

(B) does not have attached to it a certificate or other evidence of approval as required under section 3 (3), and

(d) any adult motion picture that is not segregated in accordance with any conditions imposed under section 6 (4) (b) on a licensee. ,

(b) in subsection (3) by striking out "anyone authorized under subsection (1)" and substituting "an inspector" and by striking out "adult film" in both places and substituting "adult motion picture",

(c) in subsection (4) by striking out "Unless" and substituting "Despite subsection (1.1) (a), unless" and by striking out "film" in both places and substituting "motion picture",

(d) by repealing subsections (5) and (7), and

(e) in subsection (6) by striking out "referred to in subsection (5) (b)".

10 The following sections are added:

Filing undertakings and orders in Supreme Court

12.01  (1) The director may file with the Supreme Court

(a) an undertaking, or

(b) a compliance order.

(2) An undertaking or compliance order filed under subsection (1) is deemed for all purposes to be an order of the Supreme Court and enforceable as an order of the court.

Administrative penalties – application
of Business Practices and Consumer Protection Act

12.02  (1) After giving a person an opportunity to be heard, the director may impose, in accordance with the regulations, an administrative penalty on the person if the person contravenes one of the following:

(a) a prescribed provision of this Act or the regulations;

(b) a condition of a licence;

(c) an undertaking;

(d) a compliance order;

(e) an order of the director under this Act.

(2) If a corporation commits a contravention referred to in subsection (1), an officer, director or agent of the corporation who authorized, permitted or acquiesced in the contravention is also liable under this section, whether or not an administrative penalty is imposed on the corporation.

(3) Sections 164 (2) to (4) [administrative penalties] and 165 [amount of penalty] to 170 [limitation period] of the Business Practices and Consumer Protection Act apply for the purposes of this Act.

11 Section 12.1 (3) is amended by striking out "12 and 12.2." and substituting "12 to 12.02, 12.11 and 12.2."

12 The following section is added:

Inspector

12.11  (1) The director may designate persons or a class of persons as inspectors.

(2) The director may impose restrictions on the powers, functions and duties that an inspector may carry out under this Act.

13 Section 12.2 is repealed and the following substituted:

Reconsiderations – application of Business Practices
and Consumer Protection Act

12.2  (1) For the purposes of this section, a reference to "determination" in the Business Practices and Consumer Protection Act and in this section must be read as a reference to

(a) a decision made under section 8 of this Act with respect to a licence,

(b) a seizure under section 12 of this Act,

(c) a notice imposing an administrative penalty under this Act, and

(d) a decision or an order made under this Act, other than a decision or order referred to in paragraphs (a) to (c) of this subsection.

(2) The director may vary or cancel a type of determination referred to in subsection (1) (c) or (d) only if the director is satisfied that new evidence has become available or been discovered that

(a) is substantial and material to the determination, and

(b) did not exist at the time of the review or did exist at that time but was not discovered and could not, through the exercise of reasonable diligence, have been discovered.

(3) If the director has delegated to a person powers, functions and duties respecting a determination referred to in subsection (1) (a), the director must not delegate the reconsideration of the determination to the same person.

(4) If the director has made a determination referred to in subsection (1) (a), the director must delegate the reconsideration of the determination to one or more persons who did not participate in the determination.

(5) Sections 181 [reconsideration by director] and 182 (1), (5) and (6) [powers of director on reconsideration] of the Business Practices and Consumer Protection Act apply for the purposes of this Act.

Confidentiality

12.21  (1) A person who is engaged in the administration of this Act or the regulations and who has custody of, access to or control over information or records under this Act must not disclose the information or records to any other person except

(a) if disclosure is for the purposes of the administration of this Act or the regulations,

(b) with the consent of the person to whom the information or record relates,

(c) in court proceedings related to this Act or the regulations or to other similar enactments of a province or Canada,

(d) if an enactment of a province or Canada requires the disclosure,

(e) to the person's counsel,

(f) to a law enforcement agency, or

(g) under an agreement with the government.

(2) A person referred to in subsection (1) is not, except in a proceeding under this Act, compellable to disclose or give evidence about information or records the person has custody of, access to or control over.

Publication by director

12.22  (1) The director may publish information respecting any of the following:

(a) the suspension or cancellation of a licence;

(b) an undertaking;

(c) a compliance order;

(d) the imposition of an administrative penalty;

(e) a court order made under this Act;

(f) a conviction for an offence under this Act.

(2) Without limiting subsection (1), the director may publish

(a) the name of a person against whom action is taken,

(b) the amount of any penalty, and

(c) the reason for an action taken or the nature of a contravention.

14 Section 12.3 (2) (a) is amended by striking out "films," and substituting "motion pictures,".

15 Section 12.6 is amended

(a) by repealing subsection (2) and substituting the following:

(2) In setting fees under subsection (1), the administrative authority must comply with a fee-setting process that is

(a) established by the administrative authority, and

(b) in accordance with any requirements that the minister may establish by regulation. , and

(b) in subsection (3) (b) by striking out "video distributors, video retailers" and substituting "motion picture retailers".

16 Section 13 (1) is amended

(a) by repealing paragraph (a) and substituting the following:

(a) contravenes section 2 (2), (3) or (4), 2.1 (2), (3) or (4), 3 (2), (3) or (4), 6 (1), (2), (2.1), (2.2) or (3), 8 (1), 8.1 or 12 (6); ,

(b) in paragraph (b) by striking out "a decision of the director made" and substituting "an order of the director", and

(c) by repealing paragraph (c) and substituting the following:

(c) obstructs, hinders or interferes with an inspection under this Act;

(d) supplies false or misleading information to a person acting under this Act.

17 Section 14 is amended

(a) in subsection (2) (a) by striking out everything after "motion picture distributors," and substituting "adult motion picture distributors, motion picture retailers, adult motion picture retailers and theatres and prescribing conditions under which motion pictures may be distributed;",

(b) in subsection (2) (b) by striking out "adult film retailers;" and substituting "adult motion picture retailers;",

(c) in subsection (2) (c) by striking out "section 5 (6)," and substituting "section 5,",

(d) by repealing subsection (2) (d) and substituting the following:

(d) prescribing scenes for the purposes of paragraph (c) of the definition of "adult motion picture" in section 1;

(d.1) prescribing scenes for the purposes of paragraph (c) of the definition of "restricted motion picture" in section 1; ,

(e) in subsection (2) (e) by striking out ""explicit sexual scenes"" and substituting ""sexually explicit scenes"",

(f) in subsection (2) (f) by striking out "conduct or an activity for the purposes of section 5 (3) (i)," and substituting "scenes for the purposes of section 5 (5.1) (d),",

(g) in subsection (2) by adding the following paragraphs:

(f.1) imposing, for the purposes of section 6 (2.2), requirements respecting the physical segregation of restricted motion pictures on the premises of a motion picture retailer;

(i.1) exempting classes of persons or motion pictures from any fee required by the regulations or set under section 12.6;

(o) prescribing other means of distributing an adult motion picture for the purposes of paragraph (a) of the definition of "adult motion picture retailer" in section 1;

(p) prescribing other means of distributing a motion picture for the purposes of the definition of "motion picture retailer" in section 1;

(q) prescribing types or classes of moving visual images for the purposes of paragraph (d) of the definition of "motion picture" in section 1;

(r) prescribing circumstances or purposes for the purposes of section 2 (6);

(s) respecting records, goods or things that are retained during an inspection and respecting the detention or disposal of those records, goods or things. ,

(h) in subsection (2) (j) by striking out "films" and substituting "motion pictures" and by striking out "this Act;" and substituting "this Act or the regulations;",

(i) by repealing subsection (2) (k) and substituting the following:

(k) exempting classes of motion picture distributors, motion picture retailers and theatres from one or more provisions of this Act or the regulations; ,

(j) in subsection (2) (m) by striking out "films" wherever it appears and substituting "motion pictures",

(k) by adding the following subsections:

(2.1) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing provisions of this Act or the regulations for the purposes of section 12.02 (1) (a);

(b) prescribing persons or classes of persons who are subject to the imposition of administrative penalties;

(c) prescribing, subject to section 12.02 (3), the amount of the administrative penalties that may be imposed;

(d) authorizing administrative penalties to be imposed on a daily basis for continuing contraventions;

(e) prescribing, in relation to a contravention described in section 12.02 (1), whether a notice imposing an administrative penalty must be cancelled if the person on whom it was served demonstrates to the satisfaction of the director that the person exercised due diligence to prevent the specified contravention;

(f) prescribing the consequences of failing to pay an administrative penalty, which consequences may include, but are not limited to, the imposition of additional penalties.

(4) In making a regulation under this Act, the Lieutenant Governor in Council may do one or both of the following:

(a) establish or define classes of persons, motion pictures, things or circumstances;

(b) make different regulations for different persons, motion pictures, things or circumstances, or for different classes of persons, motion pictures, things or circumstances. , and

(l) in subsection (3) (b) by striking out "video distributors, video retailers" and substituting "motion picture retailers".

18 The following section is added:

Regulations – minister

14.1  The minister may make regulations in respect of the fee-setting process referred to in section 12.6 (2).

Transitional Provisions

Transition – motion pictures under former Act

19  (1) In this section:

"adult motion picture" has the same meaning as in the amended Act;

"amended Act" means the Motion Picture Act, R.S.B.C. 1996, c. 314, as amended by this Act;

"former Act" means the Motion Picture Act, R.S.B.C. 1996, c. 314, as it read immediately before the date this section comes into force, and any predecessor Act;

"motion picture" has the same meaning as in the amended Act.

(2) For the purposes of sections 2 (2) and (3), 2.1 (2) (a), 3 (2) (a) and 12 (2) (a), (b) and (c) of the amended Act, a motion picture that was approved by the director under a former Act is deemed,

(a) in the case of an adult motion picture, to have been approved by the director under section 5 of the amended Act, or

(b) in the case of any other motion picture, to have been reviewed by the director under section 5 of the amended Act.

(3) Any conditions imposed by the director under a former Act in respect of a motion picture referred to in subsection (2) are deemed to be conditions imposed under the amended Act.

(4) For the purposes of sections 2 (2) and (3), 2.1 (2) (a) and 12 (2) (a) and (b) of the amended Act, a motion picture that was reviewed, but not approved, by the director under a former Act is deemed to have not been reviewed by the director under section 5 of the amended Act.

Transition – licences issued under former Act

20  (1) In this section:

"amended Act" means the Motion Picture Act, R.S.B.C. 1996, c. 314, as amended by this Act;

"former Act" means the Motion Picture Act, R.S.B.C. 1996, c. 314, as it read immediately before the date this section comes into force.

(2) A licence issued under the former Act to carry on business as a video distributor is deemed to be a licence issued under section 8 of the amended Act to carry on business as a motion picture distributor.

(3) A licence issued under the former Act to carry on business as a video retailer is deemed to be a licence issued under section 8 of the amended Act to carry on business as a motion picture retailer.

(4) A licence issued under the former Act to carry on business as an adult film distributor is deemed to be a licence issued under section 8 of the amended Act to carry on business as an adult motion picture distributor.

(5) A licence issued under the former Act to carry on business as an adult film retailer is deemed to be a licence issued under section 8 of the amended Act to carry on business as an adult motion picture retailer.

(6) Any conditions imposed by the director under the former Act in respect of a licence referred to in subsections (2) to (5) of this section are deemed to be conditions imposed under section 8 (2) of the amended Act.

Consequential Amendments

Miscellaneous Statutes Amendment Act (No. 2), 2004

21 Sections 30 and 32 of the Miscellaneous Statutes Amendment Act (No. 2), 2004, S.B.C. 2004, c. 51, are repealed.

Public Sector Employers Act

22 The Schedule to the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is amended by striking out "Appeal Board (Motion Picture Act)".

Commencement

23  This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

SECTION 1: [Motion Picture Act, section 1] repeals definitions, repeals and replaces definitions and adds new definitions.

SECTION 2: [Motion Picture Act, section 1.1] is consequential to the incorporation by reference of sections of the Business Practices and Consumer Protection Act.

SECTION 3: [Motion Picture Act, section 2] is consequential to the amendments made by this Bill to the definitions in section 1 of the Act and to section 5 of the Act.

SECTION 4: [Motion Picture Act, section 2.1] requires that restricted motion pictures that are intended to be distributed be submitted to the director for review under section 5 of the Act.

SECTION 5: [Motion Picture Act, section 3] is consequential to the amendments made by this Bill to the definitions in section 1 of the Act and to section 5 of the Act.

SECTION 6: [Motion Picture Act, section 5]

• revises and updates the director's review and classification of motion pictures;
• revises, updates and clarifies the director's authority to approve or refuse to approve adult motion pictures;
• eliminates the director's discretion to waive payment of a prescribed fee.

SECTION 7: [Motion Picture Act, section 6] is consequential to the amendments made by this Bill to the definitions in section 1 of the Act, and to the addition by this Bill of section 2.1 of the Act.

SECTION 8: [Motion Picture Act, sections 8 and 8.1]

• updates the director's licensing powers by incorporating by reference sections of the Business Practices and Consumer Protection Act;
• prohibits a licensee from distributing a motion picture to a person who is also required to be licensed unless that person has a valid licence.

SECTION 9: [Motion Picture Act, section 12]

• updates the inspection and seizure powers under the Act by incorporating by reference sections of the Business Practices and Consumer Protection Act;
• empowers the director to accept undertakings or make compliance orders;
• is consequential to the amendments made by this Bill to the definitions in section 1 of the Act and to section 5 of the Act, and to the addition by this Bill of section 2.1 of the Act.

SECTION 10: [Motion Picture Act, sections 12.01 and 12.02]

• empowers the director to file undertakings or compliance orders in the Supreme Court;
• empowers the director to impose administrative penalties for contraventions.

SECTION 11: [Motion Picture Act, section 12.1] is consequential to the addition by this Bill of new sections to the Act.

SECTION 12: [Motion Picture Act, section 12.11] is consequential to the amendments made by this Bill to section 12 of the Act.

SECTION 13: [Motion Picture Act, sections 12.2, 12.21 and 12.22]

• updates the director's reconsideration power by incorporating by reference sections of the Business Practices and Consumer Protection Act;
• sets out confidentiality requirements for a person engaged in the administration of the Act;
• authorizes the director to publish information relating to compliance measures under the Act.

SECTION 14: [Motion Picture Act, section 12.3] is consequential to the amendments made by this Bill to the definitions in section 1 of the Act.

SECTION 15: [Motion Picture Act, section 12.6]

• requires the administrative authority to comply with a fee-setting process that is in accordance with any requirements the minister may establish by regulation;
• is consequential to the amendments made by this Bill to the definitions in section 1 of the Act.

SECTION 16: [Motion Picture Act, section 13] is consequential to the addition by this Bill of new sections to the Act and to the amendments made by this Bill to section 12 of the Act.

SECTION 17: [Motion Picture Act, section 14]

• is consequential to the amendments made by this Bill to the definitions in section 1 of the Act;
• authorizes the Lieutenant Governor in Council to make regulations exempting a class of persons or motion pictures from a fee payable under the Act;
• authorizes the Lieutenant Governor in Council to make regulations prescribing scenes for the purposes of the director's authority to approve adult motion pictures under section 5 of the Act, as amended by this Bill;
• clarifies the Lieutenant Governor in Council's authority to make regulations creating exemptions from a provision of the regulations;
• is consequential to the addition by this Bill of section 12.02 of the Act and to the amendments made by this Bill to the definitions in section 1 of the Act;
• clarifies the Lieutenant Governor in Council's authority to establish or define classes and make different regulations for different classes.

SECTION 18: [Motion Picture Act, section 14.1] is consequential to the amendment made by this Bill to section 12.6 (2) of the Act.

SECTION 19: [Transition – motion pictures under former Act] is consequential to the amendments made by this Bill to the definitions in section 1 of the Motion Picture Act and to sections 2, 3 and 5 of that Act.

SECTION 20: [Transition – licences issued under former Act] is consequential to the amendments made by this Bill to the definitions in section 1 of the Motion Picture Act.

SECTION 21: [Miscellaneous Statutes Amendment Act (No. 2), 2004, sections 30 and 32] is consequential to the amendments made by this Bill to sections 5 and 12.2 of the Motion Picture Act.

SECTION 22: [Public Sector Employers Act, Schedule] is consequential to earlier amendments to the Motion Picture Act that discontinued the Appeal Board under that Act.