C-18.1, r. 6 - Regulation respecting stamps for films

À jour au 1^er janvier 2016

Ce document a valeur officielle.

chapter C-18.1, r. 6

Regulation respecting stamps for films

Cinema Act

(chapter C-18.1, s. 167).

DIVISION I APPLICATION FOR A STAMP

1.General

1. A person applying for a stamp showing the classification of a film must attach to his application a certified cheque or a postal or bank money order payable to the Minister of Finance, in an amount representing the duties payable for the issue of a stamp, as provided for in the Regulation respecting the fees for examination and duties payable under the Cinema Act (chapter C-18.1, r. 1).

O.C. 742-92, s. 1.

2. The person must indicate in his application his name and distributor’s licence number. If he does not hold a distributor’s licence, he must indicate the address of his domicile, his occupation, the address of his establishment and, where applicable, the name and address of his representative.

O.C. 742-92, s. 2.

3. The person must attach to his application a print of the film and a copy of the distribution contract or any other document required by the Régie under section 79 of the Cinema Act (chapter C-18.1).

O.C. 742-92, s. 3.

4. The person must indicate the title of the original version of the film, its running time, the year of production, the names of the director and of the producer of the film and the nationality of the production.

O.C. 742-92, s. 4.

5. A person acting on behalf of a company, a partnership or a cooperative who does not hold distributor’s licence must attach to his application a writing attesting to his mandate, as well as the following documents:

(1)  in the case of a company, a copy of its constituting act within the meaning of section 3.1 of the Companies Act (chapter C-38) or a copy of its certificate of incorporation issued under section 8 of the Canada Business Corporations Act (R.S.C. 1985, c. C-44).

(2)  in the case of a partnership or a person operating an enterprise under a name which does not include the person’s surname and given name, a copy of the declaration required under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(3)  in the case of a cooperative constituted under section 13 of the Cooperatives Act (chapter C-67.2), a copy of the articles referred to in that section;

(4)  (paragraph implicitly revoked).

O.C. 742-92, s. 5; O.C. 611-95.

6. An application is duly made on the date on which it is filed with the head office of the Régie du cinéma or on the date on which it is posted by registered mail.

O.C. 742-92, s. 6; I.N. 2016-01-01 (NCCP).

7. After studying the application, the Régie shall issue a stamp or, if it is not satisfied with the evidence submitted, shall call the applicant to a hearing.

O.C. 742-92, s. 7.

2.Hearing

8. Where the Régie decides to hold a hearing, it shall send the applicant a notice indicating the date, time and place of the hearing as well as the reasons therefor.

The notice of hearing shall be sent to the applicant by registered mail at least 7 days prior to the date set for the hearing, unless the applicant agrees to a shorter notice.

O.C. 742-92, s. 8; I.N. 2016-01-01 (NCCP).

9. An applicant who is unable to appear before the Régie on the date of the hearing must so notify the Régie upon receipt of the notice. Another date shall then be set in accordance with section 8.

O.C. 742-92, s. 9.

10. Where the applicant fails to appear before the Régie on the date of the hearing, the Régie shall record his failure to appear in the minutes of the hearing, shall proceed with the study of his application and shall render its decision in writing.

O.C. 742-92, s. 10.

11. Where the applicant appears for the hearing, the Régie shall hear the evidence and render its decision in writing.

O.C. 742-92, s. 11.

12. Where the Régie takes an application under advisement, it may, upon request or of its own motion, order the hearing reopened on such conditions as it may determine.

O.C. 742-92, s. 12.

13. Where the Régie rectifies a decision under section 141 of the Act, it shall send a copy of the rectified decision to the applicant without delay.

O.C. 742-92, s. 13.

3.Vouchers and documents required

14. A person applying for a stamp for the exhibition of a film to the public under section 76 of the Act must furnish with his application, at least 15 days prior to the date of exhibition of the film to the public:

(1)  a print of the film, in the format that will be shown, unless the film has already been classified in the same version as that for which the stamp is applied for;

(2)  where the film has been altered, a written authorization from the person empowered to give that authorization and a list of the alterations made to the film;

(3)  an attestation, where applicable, that the stamps applied for are for identical prints or for prints identical to a film already classified;

(4)  an attestation, where applicable, that prints of the film dubbed in French will be available for operators of premises where films are exhibited to the public at the same time as prints of the version of that film in a language other than French;

(5)  a contract, where applicable, stipulating that the film will be dubbed in French in Québec as well as proof that the person charged with carrying out the contract has been provided with the necessary means to do so;

(6)  an attestation, where applicable, that no version of the film dubbed in French exists;

(7)  if that person is acting on behalf of a company, partnership or a cooperative that does not hold a general distributor’s licence and is applying for a stamp for a Québec film as defined in section 11 of the Regulation respecting the fees for examination and duties payable under the Cinema Act (chapter C-18.1, r. 1), he must indicate the address of the domicile of each senior executive, director or partner and of each shareholder holding more than 10% of the company’s capital stock.

O.C. 742-92, s. 14.

4.Standards of integrity, technical quality and eligibility

15. A print of a film must meet the following standards of integrity:

(1)  its duration must be identical to that of the official version approved in the country of origin, subject to any alterations authorized by the person empowered to give such authorization;

(2)  the title must appear on the screen and must conform to the title mentioned in the distribution contract or in any other document submitted to the Régie;

(3)  if the film is intended for exhibition to the public, the title in a version subtitled in French, and the title and the credits in a version dubbed in French, must be written in French.

O.C. 742-92, s. 15.

16. A print of a film must meet the following standards of technical quality:

(1)  it must not have any technical defects in sound, picture or editing;

(2)  it must not be a working copy, a laboratory copy or an incomplete copy.

O.C. 742-92, s. 16.

17. A print of a film must meet the following standards of eligibility:

(1)  it must not contain any offers to sell, lease, lend or exchange films in violation of the first paragraph of section 102 of the Act;

(2)  it must not contain any pictures foreign to the work, except trailers for films or advertising.

O.C. 742-92, s. 17.

18. Where a print of a film does not meet the standards of integrity, technical quality or eligibility, an application for a stamp for that print or for any identical print shall be refused and the print shall be returned to the applicant.

A new application may be filed with the Régie in accordance with this Division for another print of the film or, where applicable, for the same print with the appropriate alterations.

O.C. 742-92, s. 18.

DIVISION II INFORMATION, QUALIFICATIONS AND INDICATIONS

19. The information, qualifications and indications that may appear on a stamp for a film, in addition to the classification, are the following:

(1)  for children;

(1.1)  not advisable for young children;

(2)  coarse language;

(3)  eroticism;

(4)  violence;

(5)  horror;

(6)  explicit sex.

O.C. 742-92, s. 19; O.C. 8-95, s. 1; O.C. 868-97, s. 1.

DIVISION III METHODS OF AFFIXING A STAMP

20. The sticker furnished by the Régie on which the stamp for a film appears must be affixed in the following manner:

(1)  in the case of a 35 mm or 70 mm film, on the protective band at the beginning of the first reel of the film; the stamp number must be affixed to the film, beyond the leader;

(2)  in the case of a 16 mm film, inside the cover of the film case; the stamp number must be affixed to the film, beyond the leader;

(3)  in the case of a film on videocassette, on the videocassette or on the packaging if the videocassette is intended for retail sale;

(4)  in the case of a film on videodisk, on the container of the videodisk; the stamp number must be affixed to the centre label of the videodisk.

O.C. 742-92, s. 20.

DIVISION IV EXTENSION OF A TEMPORARY STAMP

21. A holder of a temporary stamp issued by the Régie under paragraph 4 of section 83 of the Act who applies for an extension thereof under section 83.1 of the Act must send to the Régie, at least 15 days prior to the expiry of the stamp, an application indicating:

(1)  the title of the film;

(2)  the number of the temporary stamp;

(3)  a copy of the contract for the dubbing of the film in French;

(4)  proof that the person charged with carrying out the contract has been provided with the necessary means to do so;

(5)  the reasons why the film cannot be dubbed in French prior to the original expiry date of the temporary stamp;

(6)  the extension period required.

O.C. 742-92, s. 21.

22. After studying the application, the Régie shall extend the temporary stamp or, if it is not satisfied with the evidence submitted, shall proceed in the manner prescribed in sections 8 to 13.

O.C. 742-92, s. 22.

DIVISION V REVIEW OF THE CLASSIFICATION OF A FILM

23. A person requesting that a decision of the Régie be reviewed under section 149 of the Act, must do so in writing and state the reasons for his request.

O.C. 742-92, s. 23.

24. Upon receipt of such a request and of payment of the fees for examination provided for in the Regulation respecting the fees for examination and duties payable under the Cinema Act (chapter C-18.1, r. 1), the Régie shall proceed in the manner prescribed in sections 8 to 13.

O.C. 742-92, s. 24.

DIVISION VI REFUSAL, SUSPENSION OR REVOCATION OF A STAMP, OF A FILING CERTIFICATE OR OF AN ATTESTATION OF A FILING CERTIFICATE

25. Where the Régie has reason to believe that any of the situations referred to in section 85 or 119.1 of the Act exist, it shall proceed in the manner prescribed in sections 8 to 13.

O.C. 742-92, s. 25.

26. (Omitted).

O.C. 742-92, s. 26.

27. (Omitted).

O.C. 742-92, s. 27.

REFERENCES

O.C. 742-92, 1992 G.O. 2, 2742

O.C. 8-95, 1995 G.O. 2, 150

O.C. 611-95

O.C. 868-97, 1997 G.O. 2, 3692

S.Q. 2010, c. 7, s. 282