The Theatres and Cinematographs Act

Transcription

1 The Theatres and Cinematographs Act being Chapter 225 of The Revised Statutes of Saskatchewan, 1930 (effective February 1, 1931). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents SHORT TITLE 1 Short title INTERPRETATION 2 Interpretation REGULATIONS AND LICENSES 3 Regulations as to buildings 4 Regulations as to cinematographs, etc. 5 License required 6 Exemptions 7 Film exchange license 8 City and town licenses 9 Special miniature moving picture machines CENSORS 10 Appointment 11 Inspection of films and slides BOARD OR APPEAL 12 Appointment INSPECTORS 13 Appointment PROHIBITIONS, OFFENCES AND PENALTIES 14 Compliance with regulations 15 Operations forbidden until regulations complied with and license obtained 16 Censoring of posters and lithographs 17 Newspaper advertisements 18 Confiscation of uncensored films 19 Children under age of Exhibitions prohibited on Sunday 21 Penalties 22 Liability for bodily injury GENERAL 23 Fees 24 Power of Lieutenant Governor to amend SCHEDULE

3 CHAPTER 225 An Act to regulate Halls, Theatres and Cinematographs SHORT TITLE Short title 1 This Act may be cited as The Theatres and Cinemato graphs Act. R.S.S. 1920, c.181, s.1; R.S.S. 1930, c.225, s.1. INTERPRETATION Interpretation 2 In this Act, unless the context otherwise requires, the expression: Film exchange 1. Film exchange means a person renting, leasing or selling or agreeing or contracting to rent, lease or sell moving picture or cinematograph films; Itinerant exhibitor ; travelling exhibitor 2. Itinerant exhibitor or travelling exhibitor means a person travelling from one place to another with a moving picture or cinematograph machine, or similar apparatus, for the purpose of giving moving picture or cinematograph exhibitions; Moving picture machine 3. Moving picture machine means a machine or device operated by or with the aid of electricity, calcium light or other illuminant, and adapted or used to project upon a screen or other surface pictorial representations in which celluloid films are used; Proprietary right 4. Proprietary right means an interest as owner or lessee or an interest under an agreement authorising the right to use or show a film; Public ball 5. Public hall means a hall, pavilion, place or building, except such as are used in connection with churches or owned and conducted by municipal authorities, in which public concerts, dances and other social gatherings are held; Special feature 6. Special feature means a film not belonging to or censored for a film exchange licensed in Saskatchewan; Theatre 7. Theatre means a building or hall, or any premises, room or place used for giving vaudeville, dramatic or operatic performances or for the exhibition of moving pictures. R.S.S. 1920, c.181, s.2; R.S.S. 1930, c.225, s.2.

4 4 c. 225 THEATRES AND CINEMATOGRAPHS REGULATIONS AND LICENSES Regulations as to buildings 3 The Lieutenant Governor in Council may from time to time make regulations similar or different in different localities or with reference to different classes of buildings or having application to different classes of performances or to different conditions, governing the erection, operation and safety and the inspection and supervision of theatres, public halls or other buildings constructed or used for holding public meetings or as places of public resort or amuse ment, and places where moving pictures are shown. R.S.S. 1920, c.181, s.3; R.S.S. 1930, c.225, s.3. Regulations as to cinematographs, etc. 4 The Lieutenant Governor in Council may from time Regulations to time make regulations for: (a) licensing, and governing the use and operation of, theatres and public halls and of cinematographs, moving picture machines or other similar apparatus; (b) prescribing the conditions under which such machines shall be operated; (c) licensing and governing the operation of film ex changes; (d) prohibiting or regulating the terms and conditions under which films or slides may be sold, leased or exchanged; (e) the seizure, confiscation and disposition of films or slides which have not been permitted by the censor or censors to be exhibited or which are not stamped so as to show that they have the censor s or censors approval; (f) examining, regulating and licensing operators. R.S.S. 1920, c.181, s.4; R.S.S. 1930, c.225, s.4. License required 5 The owner, lessee or manager of every theatre, public hall or film exchange, every itinerant exhibitor and every person operating a cinematograph, moving picture machine or similar apparatus shall obtain a license from the Pro vincial Secretary, paying in advance the proper license fee prescribed in the schedule to this Act. R.S.S. 1920, c.181, s.5; R.S.S. 1930, c.225, s.5. Exemptions 6 Moving pictures or stereopticon slides for the illustration of educational or scientific lectures may, with the written permission of the Provincial Secretary and without a license, be exhibited in places that are exempt from license, provided that all the requirements of this Act and the regulations thereunder for safeguarding life and property are duly observed. R.S.S. 1920, c.181, s.6; R.S.S. 1930, c.225, s.6.

5 THEATRES AND CINEMATOGRAPHS c Film exchange license 7 Before issuing a film exchange license, the Provincial Secretary may require satisfactory proof of the existence of the exchange and that the number of film subjects to be handled during the license year will be sufficient to justify the issue of a license. R.S.S. 1920, c.181, s.7; R.S.S. 1930, c.225, s.7. City and town licenses 8 No official of any city or town shall issue a license or receive a license fee for any cinematograph, moving picture machine or other similar apparatus or for any theatre, public hall or film exchange to which this Act applies until the applicant produces a license therefor from the Provincial Secretary; and any person who is a party to the issue of a license or who accepts a license fee in violation of the provisions of this section shall be liable on summary conviction to a fine of $20 and costs and in default of payment to imprison ment for alterm not exceeding thirty days. R.S.S. 1920, c.181, s.8; R.S.S. 1930, c.225, s.8. Special miniature moving picture machines 9(1) The provisions of this Act, and of the regulations thereunder except as may be otherwise provided therein, shall not be deemed to apply to special miniature moving picture machines or other similar apparatus and films, when owned and used by schools, churches and similar organisations for secular or religious education and instruction or when used in private houses, provided that: (a) such machines and apparatus are so designed as not to be adjustable for the use of standard film and that the film used is slow-burning, non-inflammable film of special width and perforation; and (b) the manufacturer or person supplying any such machine, apparatus or film, if not a holder of a film exchange license under this Act has received from the Provincial Secretary a certificate that the machine or apparatus and film conform to the above conditions, for which certificate a fee of $25 per annum shall be paid. (2) The Provincial Secretary may refuse to grant a certificate in any particular case and may cancel at any time a certificate issued under subsection (1) , c.51, s.1; R.S.S. 1930, c.225, s.9. CENSORS Appointment 10 The Public Service Commission may appoint one or more persons to act as censors who shall have power to approve or to disapprove films or slides which are intended to be exhibited in Saskatchewan. R.S.S. 1920, c.181, s.9; R.S.S. 1930, c.225, s.10.

6 6 c. 225 THEATRES AND CINEMATOGRAPHS Inspection of films and slides 11(1) All films and slides intended for exhibition in the province shall first be inspected by the censor or censors, and such censor or censors shall examine and pass upon their fitness for public exhibition with a view to preventing the display of scenes of an immoral or obscene nature or which indicate or suggest lewdness or indecency or which may offer evil suggestions to the minds of young people or children or which the censor or censors may consider injurious to the public morals or for any other reason opposed to the public welfare. Stamping of films (2) All films and slides passed or permitted by the censor or censors to be exhibited shall be stamped in such a manner that any authorised person inspecting them may see that they have the approval of the censor or censors. Proof of proprietary (3) The censor or censors may require proof that the proprietary right in any film was acquired at least sixty days before the date of presentation for censorship. R.S.S. 1920, c.181, s.10; R.S.S. 1930, c.225, s.11. BOARD OR APPEAL Appointment 12 The Lieutenant Governor in Council may appoint a board of appeal, and an appeal may be taken to this board against any decision of the censor or censors. R.S.S. 1920, c.181, s.11; R.S.S. 1930, c.225, s.12. INSPECTORS Appointment 13 The Public Service Commission may appoint an inspector or inspectors to inspect theatres, public halls, cinemato graphs, moving picture machines or other similar apparatus, and to perform such other duties as may be required. R.S.S. 1920, c.181, s.12; R.S.S. 1930, c.225, s.13. PROHIBITIONS, OFFENCES AND PENALTIES Compliance with regulations 14 No moving pictures machine shall be operated at any time in any theatre or public hall, nor shall the public be admitted to the exhibition room in which such moving pic ture show is to be given, until the provisions of this Act and the regulations thereunder regarding the installation of such machine and the arrangement of such exhibition room and its equipment, have been complied with and approval given by an inspector appointed under this Act or by an officer whose business it is to make inspections, nor until the theatre or public hall and the operator of the machine are duly licensed. R.S.S. 1920, c.181, s.13; R.S.S. 1930, c.225, s.14.

7 THEATRES AND CINEMATOGRAPHS c Operations forbidden until regulations complied with and license obtained 15(1) No person in charge of a cinematograph, moving picture machine or similar apparatus, and no owner, pro prietor, manager, operator or other person having control thereof shall use any such machine for public entertainment, and no owner, proprietor, manager or lessee of a theatre, public hall or film exchange shall operate the same or permit it to be operated, without having complied with the regulations hereunder and without having a provincial license therefor. (2) No person shall, without having first obtained the consent of the Provincial Secretary, lay an information for failure to obtain a license for a public hall. R.S.S. 1920, c.181, s.14; R.S.S. 1930, c.225, s.15. Censoring of posters and lithographs 16 The censor or censors may require any person to submit for approval or rejection any posters, lithographs or other advertisements depicting scenes from, and intended to be used or displayed in connection with, a film or slide to be exhibited within Saskatchewan, and may in his or their discretion prohibit the further use or display of any posters, lithographs or advertisements until satisfied that the same are fit for public exhibition. 1927, c.57, s.2; R.S.S. 1930, c.225, s.16. Newspaper advertisements 17(1) No person shall insert or cause to be inserted in a newspaper or other periodical an advertisement describing or in any way dealing with a film or slide, which, in the opinion of the censor or censors: (a) is immoral or obscene; (b) suggests lewdness or indecency; (c) offers evil suggestions to the minds of young people or children; or (d) is for any other reason opposed to the public welfare. (2) The censor or censors may require any person to sub mit before publication, for his or their approval or rejection the proofs of proposed advertisements. (3) Any person who, having been required so to do, fails to submit to the censor or censors the proof of an advertise ment before its insertion in a newspaper or other periodical, shall be guilty of a violation of this Act. (4) In case the publisher of a newspaper or other periodical inserts therein an advertisement falling within the prohi bition contained in subsection (1) but does so innocently or inadvertently he shall not be deemed guilty of a violation of this Act. R.S.S. 1920, c.181, s.16; R.S.S. 1930, c.225, s.17.

8 8 c. 225 THEATRES AND CINEMATOGRAPHS Confiscation of uncensored films 18(1) Any film or slide exhibited which does not bear the stamp of the censor or censors shall be liable to seizure and confiscation, and any owner or film exchange letting to hire, leasing or selling such film or slide and any person exhib iting the same, shall be guilty of a violation of this Act. (2) Such film or slide may, in the discretion of the Pro vincial Secretary, be redeemed within thirty days from the date of seizure on payment of a fine not excecding $50 and not less than $10 for each red of film or for each slide. R.S.S. 1920, c.181, s.17; R.S.S. 1930, c.225, s.18. Children under age of Children under the age of 14 years shall not, if unac companied by a parent or responsible person, be permitted to attend any exhibition by cinematograph, moving picture machine or similar apparatus after the hour of eight o clock in the evening. R.S.S. 1920, c.181, s.18; R.S.S. 1930, c.225, s.19. Exhibitions prohibited on Sunday 20 No exhibition of moving pictures shall be given except on the days between and inclusive of Monday and Saturday, unless by special permission of the Provincial Secretary. R.S.S. 1920, c.181, s.19; 1927, c.57, s.3; R.S.S. 1930, c.225, s.20. Penalties 21 Any person violating any of the provisions of this Act or of the regulations thereunder, for the violation of which no penalty is otherwise provided, shall be guilty of an offence and liable on summary conviction to a fine not exceeding $200 with costs, and to a further fine of $25 for every day after conviction during which such offence con tinues, and in default of immediate payment to imprison ment for a period not exceeding three months. R.S.S. 1920, c.181, s.20; R.S.S. 1930, c.225, s.21. Liability for bodily injury 22 If a breach of this Act or of the regulations passed thereunder causes directly or indirectly bodily injury or loss of life, the owner, lessee, manager, operator or other person through or by whom such breach occurred shall, in addition to any other penalty prescribed by law, be liable on summary conviction to a fine not exceeding $500 or imprisonment for a term not exceeding one year. R.S.S. 1920, c.181, s.21; R.S.S. 1930, c.225, s.22.

9 THEATRES AND CINEMATOGRAPHS c GENERAL Fees 23 The fees set forth in the table of fees contained in the schedule to this Act shall be payable in respect of licenses and other matters and services hereunder. R.S.S. 1920, c.181, s.22; R.S.S. 1930, c.225, s.23. Power of Lieutenant Governor to amend 24 The Lieutenant Governor in Council may alter or amend the table of fees hereto attached as from time to time may be deemed advisable, but no alteration or amendment to amend shall be effective until notice of the same has been published in two consecutive issues of The Saskatchewan Gazette, naming the date when the change is to come into operation. R.S.S c.181, s.23; R.S.S. 1930, c.225, s.24. SCHEDULE (Section 23 and 24) TABLE OF FEES The license fees under this Act shall be as follows: THEATRE LICENSES In Cities For every theatre, when the population of the city is 10,000 or over, $250; when the population of the city is less than 10,000, $150. In Towns For every theatre, $50. In Villages or Hamlets For every theatre, $20. Provided that the Provincial Secretary may issue to the applicant for a theatre license, a license covering a period of three months for each or any of the periods ending March 31, June 30, September 30 or December 31 in each year and the fees payable for each of such quarterly licenses be one quarter of the fee payable for an annual license; Provided further that in case an annual license is issued after the first day of January in any year and for a period not less than three months, the applicant therefor shall be charged such proportion only of the license fee as the number of days remaining between the date of his license and the thirty-first day of December bears to the license fee for the whole year;

10 10 c. 225 THEATRES AND CINEMATOGRAPHS Provided also that no rebate shall be allowed if the applicant for a license has permitted public performances or other enter tainments to be held in the theatre for which the license is required prior to the date of his provincial license. PUBLIC HALLS In cities, $2. In towns, villages, hamlets or rural districts, $1. Every film exchange shall pay an annual fee of $250. The annual fee of an itinerant exhibitor shall be $50 for each circuit. Every operator, an annual fee of $10. Every owner of advertisement films, an annual fee of $5. Every apprentice, for a six months license, $5. Every applicant for examination for an operator s license, $5. For censoring of standard size films, the censor or censors shall impose a fee of $2 for each reel of 1,000 feet or less and for censoring miniature film a fee of $1.50 for each reel of 750 feet or less. For censoring films of special feature exhibitors the censor or censors shall impose a fee of $5 for each reel of 1,000 feet or less. For censoring slides, five cents each. For censoring advertisement films, the following fees shall be charged: 1. Films of less than 100 feet in length, 50 cents. 2. Films of 100 feet and less than 500 feet, $1. 3. Films of 500 feet to 1,000 feet, $2. Any owner or lessee, travelling with a special feature or features shall pay a license fee of $100 each for the right to exhibit same. A duly qualified operator, nonresident in Saskatchewan, may obtain a license from the Provincial Secretary good for two months, to operate a moving picture machine for the exhi bition of a special feature, on submitting satisfactory evidence of his qualifications as an operator, together with a fee of $5. All licenses relating in any way to theatres and public halls are transferable on securing the indorsement of the Provincial Secretary. Except otherwise provided herein, all licenses except appren tice licenses issued under this Act shall expire on the thirty-first day of December in each year. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER