Legislative Assembly of New Brunswick
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An Act to Amend the Film and Video Act

Legislature :
54
Session :
4
Bill No. :
9
Member :
Hon. Blaney
First Reading :
2001-12-4
Second Reading :
2001-12-5
Committee of the Whole :
2002-5-29
Amended :
Third Reading :
2002-5-30
Royal Assent :
2002-6-7

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) by repealing the definition "Board";

       (b) by adding the following definitions in alphabetical order:

"Adjudicator" means the person appointed under section 6.2 to hear and determine appeals under this Act;

"Department" means the Department of Public Safety;

"Director" means the person appointed under section 4.1;

2 The Act is amended by adding after section 4 the following:

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.

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.

3 Section 5 of the Act is repealed.

4 Section 6 of the Act is amended

       (a) in the portion preceding paragraph (1)(a) by striking out "Board" and substituting "Director";

       (b) in the portion preceding paragraph (2)(a) by striking out "Board" and substituting "Director";

       (c) by repealing subsection (3);

       (d) in the portion preceding paragraph (4)(a) by striking out "Board" and substituting "Director";

       (e) in the portion preceding paragraph (5)(a) by striking out "Board" and substituting "Director";

       (f) by repealing subsection (6).

5 The Act is amended by adding after section 6 the following:

6.1 There shall be an appeal from a decision of the Director or the Minister under this Act to an Adjudicator appointed under section 6.2.

6.2(1) The Lieutenant-Governor in Council shall appoint in writing an Adjudicator to hear and determine appeals under this Act.

6.2(2) The Adjudicator shall be appointed for a term of three years and is not eligible for reappointment.

6.2(3) An Adjudicator is entitled to be paid

       (a) remuneration to be fixed by the Lieutenant-Governor in Council, and

       (b) an allowance for travelling and other expenses incurred in the performance of the duties of the Adjudicator at a rate approved by the Lieutenant-Governor in Council.

6.3(1) An appeal of a decision of the Minister or the Director may be commenced by serving on the Minister, within forty-five days after the original decision, a written notice of
appeal.

6.3(2) The notice of appeal shall contain

       (a) a statement of the matter appealed from,

       (b) the grounds for appeal, and

       (c) any other relevant information in support of the appeal.

6.3(3) The Minister shall, within thirty days after receipt of the notice of appeal, provide the Adjudicator and the Director with a copy of the written notice of appeal.

6.4 At the hearing of an appeal before an Adjudicator, the person making the appeal and the Minister or the Director, as the case may be, have the right to attend and make
representation either on their own behalf or through counsel.

6.5(1) The Adjudicator may make additional rules respecting the procedure for notification of a hearing, making representation and the conduct of the hearing.

6.5(2) The Adjudicator may, on appeal, affirm, vary or reverse the original decision.

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

6.5(4) A copy of the decision of the Adjudicator shall be served either personally or by prepaid registered mail

       (a) on the Minister or the Director, as the case may be, and

       (b) on the person initiating the appeal.

6 Section 7 of the Act is amended by striking out "Board" and substituting "Director".

7 Section 8 of the Act is amended by striking out "Board" and substituting "Director".

8 Section 9 of the Act is amended by striking out "Board" and substituting "Director".

9 Section 10 of the Act is amended by striking out "Board" and substituting "Director".

10 Section 15 of the Act is amended

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

       (g.1) respecting submissions to be made to the Director for the purposes of classification of film intended for use or exhibition in the Province;

       (b) in paragraph (m) by striking out "Board" and substituting "Director";

       (c) in paragraph (p) by striking out "Board" and substituting "Director";

       (d) in paragraph (r) by adding "advertised," after "exhibited,";

       (e) in paragraph (s) by adding "advertised," after "exhibited,".

11(1) Section 4 of New Brunswick Regulation 89-80 under the Film and Video Act is amended

       (a) in subsection (1)

       (i) in paragraph (a) by striking out "Board" wherever it appears and substituting "Director";

       (ii) in paragraph (b) by striking out "Board" wherever it appears and substituting "Director";

       (b) in subsection (2) by striking out "Board" wherever it appears and substituting "Director".

11(2) Section 5 of the Regulation is amended by striking out "Board" wherever it appears and substituting "Director".

11(3) Section 6 of the Regulation is amended

       (a) in subsection (1) by striking out "Board shall" and "Chairman of the Board" and substituting "Director shall" and "Director" respectively;

       (b) in subsection (2) by striking out "Board" and substituting "Director".

11(4) Section 7 of the Regulation is repealed and the following is substituted:

7 No person except the Director and the owner or distributor shall be present when a film is being viewed unless the consent of the Director has been obtained.

11(5) Section 8 of the Regulation is amended by striking out "Board" and substituting "Director".

11(6) Section 9 of the Regulation is amended by striking out "Board" wherever it appears and substituting "Director".

11(7) Section 10 of the Regulation is amended by striking out "Board" and substituting "Director".

11(8) Subsection 11(1) of the Regulation is amended

       (a) in the portion preceding paragraph (a) by striking out "Board" and substituting "Director";

       (b) in paragraph (e) of the English version by striking out "Board" and substituting "Director".

11(9) Subsection 13(2) of the Regulation is amended in the portion preceding paragraph (a) by striking out "Board" and substituting "Director".

11(10) Section 16 of the Regulation is amended by striking out "Chairman of the Board" and substituting "Director".

11(11) Section 17 of the Regulation is amended

       (a) in subsection (1) by striking out "Board" wherever it appears and substituting "Director";

       (b) in subsection (2) by striking out "Board" wherever it appears and substituting "Director".

12(1) Section 2 of New Brunswick Regulation 91-95 under the Film and Video Act is amended in the definition "classification catalogue" by striking out "Board" wherever
it appears and substituting "Director".

12(2) Section 4 of the Regulation is amended

       (a) in the portion preceding paragraph (1)(a) by striking out "Board" and substituting "Director";

       (b) in subsection (2) by striking out "Board" and substituting "Director";

       (c) in the portion preceding paragraph(3)(a) by striking out "Board" and substituting "Director";

       (d) in the portion preceding paragraph(4)(a) by striking out "Board" and substituting "Director".

12(3) Section 6 of the Regulation is amended by striking out "Board" wherever it appears and substituting "Director".

12(4) Section 7 of the Regulation is amended by striking out "Board" and substituting "Director".

12(5) Section 8 of the Regulation is amended in the portion preceding paragraph (a) by striking out "Board" and substituting "Director".

12(6) Subsection 11(1) of the Regulation is amended by striking out "Board" wherever it appears and substituting "Director".

12(7) Subsection 14(2) of the Regulation is amended in the portion preceding paragraph (a) by striking out "Board" and substituting "Director".

13(1) New Brunswick Regulations 89-80 and 91-95 under the Film and Video Act shall be deemed to be validly made and to have been enforceable or to be enforceable, as
the case may be.

13(2) Paragraphs 15(g.1), (r) and (s) as enacted by section 10 of this amending Act shall be deemed to have come into force on December 8, 1988.

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






 

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