C-18.1 - Cinema Act

Section 122.5 Disposition versions

2017-04-01

122.5. The Minister may refuse to issue or renew a video material retail dealer’s licence, suspend it or revoke it if the person concerned

(1)  or, where the person concerned is a legal person or partnership, any senior executive, director, partner or any stockholder holding more than 10% of the capital stock has been found guilty of an offence under this Act or a regulatory provision referred to in paragraph 11 of section 168 in the last two years, and has not been pardoned;

(1.1)  or, where the person concerned is a legal person or partnership, any senior executive, director, partner or any stockholder holding more than 10% of the capital stock has been found guilty, in the two years preceding the application for a licence or the renewal of a licence, of an offence or indictable offence under the Copyright Act (R.S.C. 1985, c. C-42) or the Criminal Code (R.S.C. 1985, c. C-46) relating to the utilization of video material or the operation of a video material retail outlet, and has not been pardoned;

(2)  fails to pay his annual duties when due;

(3)  does not satisfy the conditions provided for in this Act and the regulations thereunder for obtaining or renewing the licence.

The Minister must, before making a decision, notify the person concerned in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3), and allow the person at least 10 days to present observations.

1987, c. 71, s. 31; 1991, c. 21, s. 44; 1997, c. 43, s. 157; 2009, c. 52, s. 538; 2016, c. 7, s. 108.

2011-02-14

122.5. The Régie may refuse to issue or renew a video material retail dealer’s licence, suspend it or revoke it in the following cases:

(1)  if he, or in the case of a legal person or partnership, any senior executive, director, partner or any stockholder holding more than 10% of the capital stock, has been convicted of an offence under this Act or a regulatory provision referred to in paragraph 11 of section 168 within the preceding two years, and for which he has not been pardoned;

(1.1)  if he, or in the case of a legal person or partnership, any senior executive, director, partner or any stockholder holding more than 10% of the capital stock, has been convicted, within the two years preceding the application for a licence or the renewal of a licence, of an offence or indictable offence under the Copyright Act (R.S.C. 1985, c. C-42) or the Criminal Code (R.S.C. 1985, c. C-46) relating to the utilization of video material or the operation of a video material retail outlet, and for which he has not been pardoned;

(2)  if he fails to pay his annual duties when due;

(3)  if he does not satisfy the conditions provided for in this Act and the regulations thereunder for obtaining or renewing the licence.

The Régie must, before making a decision, notify the person concerned in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3), and allow the person at least 10 days to present observations.

1987, c. 71, s. 31; 1991, c. 21, s. 44; 1997, c. 43, s. 157; 2009, c. 52, s. 538.

1998-04-01

122.5. The Régie may refuse to issue or renew a video material retail dealer’s licence, suspend it or revoke it in the following cases:

(1)  if he, or in the case of a company or partnership, any senior executive, director, partner or any stockholder holding more than 10% of the capital stock, has been convicted of an offence under this Act or a regulatory provision referred to in paragraph 11 of section 168 within the preceding two years, and for which he has not been pardoned;

(1.1)  if he, or in the case of a company or partnership, any senior executive, director, partner or any stockholder holding more than 10% of the capital stock, has been convicted, within the two years preceding the application for a licence or the renewal of a licence, of an offence or indictable offence under the Copyright Act (Revised Statutes of Canada, 1985, chapter C-42) or the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) relating to the utilization of video material or the operation of a video material retail outlet, and for which he has not been pardoned;

(2)  if he fails to pay his annual duties when due;

(3)  if he does not satisfy the conditions provided for in this Act and the regulations thereunder for obtaining or renewing the licence.

The Régie must, before making a decision, notify the person concerned in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3), and allow the person at least 10 days to present observations.

1987, c. 71, s. 31; 1991, c. 21, s. 44; 1997, c. 43, s. 157.

1992-06-15

122.5. The Régie may, after giving the person concerned an opportunity to be heard, refuse to issue or renew a video material retail dealer’s licence, suspend it or revoke it in the following cases:

(1)  if he, or in the case of a company or partnership, any senior executive, director, partner or any stockholder holding more than 10 % of the capital stock, has been convicted of an offence under this Act or a regulatory provision referred to in paragraph 11 of section 168 within the preceding two years, and for which he has not been pardoned;

(1.1)  if he, or in the case of a company or partnership, any senior executive, director, partner or any stockholder holding more than 10 % of the capital stock, has been convicted, within the two years preceding the application for a licence or the renewal of a licence, of an offence or indictable offence under the Copyright Act (Revised Statutes of Canada, 1985, chapter C-42) or the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) relating to the utilization of video material or the operation of a video material retail outlet, and for which he has not been pardoned;

(2)  if he fails to pay his annual duties when due;

(3)  if he does not satisfy the conditions provided for in this Act and the regulations thereunder for obtaining or renewing the licence.

1987, c. 71, s. 31; 1991, c. 21, s. 44.

1988-09-30

122.5. The Régie may, after giving the person concerned an opportunity to be heard, refuse to issue or renew a video material retail dealer’s licence, suspend it or revoke it in the following cases:

(1)  if he has been found guilty of an offence against this Act or any regulation thereunder within the last two years;

(2)  if he fails to pay his annual duties when due;

(3)  if he does not satisfy the conditions provided for in this Act and the regulations thereunder for obtaining or renewing the licence.

1987, c. 71, s. 31.