Bill 90, Protection of Minors from Sexually Explicit Goods and Services Act, 2004

Versions

Bill 90 2004

An Act to protect
minors from exposure to
sexually explicit goods
and services

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definition

1. In this Act,

"sexually explicit goods" means goods, of which a principal feature or characteristic is the nudity or partial nudity of any person or a similar feature or characteristic specified in the regulations made under this Act.

Prohibition

2. (1) Despite any by-law passed by a municipality, no person shall knowingly sell, offer to sell, distribute, offer to distribute or display, to a minor at any premises or in any place, sexually explicit goods or services designed to appeal to erotic or sexual appetites or inclinations.

Exception

(2) Nothing in subsection (1) prevents a person from engaging in any means of communication delivered directly and exclusively to a private residence if the residence is not open to the public.

Offences

3. (1) A person who contravenes or fails to comply with section 2 is guilty of an offence.

Directors, officers

(2) Every director or officer of a corporation is guilty of an offence if the person,

(a) knowingly causes, authorizes, permits or participates in the commission by the corporation of an offence described in subsection (1); or

(b) fails to take reasonable care to prevent the corporation from committing an offence described in subsection (1).

Penalty, non-corporations

(3) A person who is not a corporation and who is convicted of an offence described in subsection (1) or (2) is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both.

Penalty, corporations

(4) A corporation convicted of an offence described in subsection (1) is liable to a fine of not more than $50,000.

Regulations

4. (1) The Lieutenant Governor in Council may make regulations,

(a) specifying a feature or characteristic for the purpose of the definition of "sexually explicit goods" in section 1;

(b) exempting any person or class of persons or any goods or services or class of goods or services from any provision of this Act or the regulations made under it;

Scope

(2) A regulation may be general or particular in its application and may be limited in application to a geographic area specified in the regulation.

Commencement

5. This Act comes into force on the day it receives Royal Assent.

Short title

6. The short title of this Act is the Protection of Minors from Sexually Explicit Goods and Services Act, 2004.

EXPLANATORY NOTE

The Bill prohibits a person from knowingly selling, offering to sell, distributing, offering to distribute or displaying sexually explicit goods or services to a minor in any premises or place. The prohibition does not affect communications delivered directly and exclusively to a private residence if the residence is not open to the public. It is an offence to contravene or to fail to comply with the prohibition.