Gaming Control Act

November 3, 2022

553593740/723702428/232858531

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Interpretation

Definitions

In this Act:

applicant means a person applying for any of the following:

registration or renewal of registration as a registered gaming services provider;

registration or renewal of registration as a registered gaming worker;

a gaming event licence;

a horse racing licence or renewal of a horse racing licence;

a community gaming grant;

associated person , in relation to an applicant, other than an applicant for a community gaming grant, and in relation to a licensee or registrant, means a director, officer or employee of the applicant, licensee or registrant, or any other person that, in the general manager's opinion,

may have direct or indirect influence over the applicant, licensee or registrant, or

may be able to affect, directly or indirectly, the activities carried out under the licensee's licence or registrant's registration;

background investigation , except in

Part 9 [Community Gaming Grants] , means a background investigation conducted under

section 180 [background investigations] ;

gaming event has the meaning set out in

section 4 [what is a gaming event] ;

gaming event licence means a licence issued under

section 84 (1) (a) [actions by general manager respecting gaming event licences] ;

gaming event licensee means a person that holds a gaming event licence;

gaming services means any of the following:

the operation of a lottery scheme that is conducted and managed by the lottery corporation or a gaming event licensee;

the operation of a provincial gaming facility;

services, other than services prescribed by the general manager, that are required, used or provided in relation to the operation of a lottery scheme, including, without limitation,

producing, distributing or otherwise providing gaming supplies, or

servicing or testing gaming supplies;

services prescribed by the general manager;

gaming supplies means things, other than things excluded by regulation of the general manager, that are used in the operation of a lottery scheme, including, without limitation, computer software, networks or systems;

general manager means the individual designated under

section 31 (1) [designation of general manager] as the general manager;

grant manager means the individual designated under

section 124 (1) [designation of grant manager] as the manager of community gaming grants;

horse racing means both of the following:

the racing of horses in horse races to which

Part 7 [Horse Racing] applies;

the related activities and matters referred to in

section 93 [prohibition against unlicensed horse racing] ;

horse racing facility means any of the following:

a race track where horse racing takes place;

a horse racing teletheatre;

a race horse training centre;

horse racing licence means a licence issued under

section 101 (1) (a) [actions by general manager respecting horse racing licences] ;

horse racing licensee means a person that holds a horse racing licence;

horse racing rules means the rules made by the general manager under

section 110 [horse racing rules] ;

horse racing teletheatre means a place in British Columbia where a live telecast is presented of a horse race taking place in or outside British Columbia;

licence means a gaming event licence or horse racing licence;

licensee means a gaming event licensee or horse racing licensee;

lottery corporation means the British Columbia Lottery Corporation continued under

section 6 [lottery corporation continued] ;

lottery scheme has the same meaning as in

section 207 (4) of the Criminal Code ;

lottery ticket includes a receipt or other record that is used to determine, at the time of purchase of the record or at a later time, whether the purchaser has won a prize as a result of participating in a lottery scheme, which determination is made

from the face of the record, or

by comparing the information shown on the face of the record with information provided from another source;

online gaming scheme means a provincial gaming scheme in which an individual participates through the use of the lottery corporation's online platform;

operator , in relation to a provincial gaming scheme or provincial gaming facility, means the following:

if the lottery corporation is operating the provincial gaming scheme or provincial gaming facility, the lottery corporation;

if a registered gaming services provider is operating the provincial gaming scheme or provincial gaming facility, the registered gaming services provider;

in the case of a provincial gaming scheme that is operated by the lottery corporation and a registered gaming service provider, both the lottery corporation and the gaming services provider;

participate , in relation to a lottery scheme, means participate for a chance to win a prize in the lottery scheme;

person includes an unincorporated charitable, religious or other organization;

provincial gaming facility means any of the following facilities used for the purpose of operating a provincial gaming scheme:

a bingo facility;

a casino;

a prescribed facility;

provincial gaming scheme has the meaning set out in

section 3 [what is a provincial gaming scheme] ;

race horse training centre means a site prescribed by the general manager as a race horse training centre;

registered gaming services provider means a person registered under

Part 5 [Registered Gaming Services Providers and Registered Gaming Workers] as a registered gaming services provider;

registered gaming worker means an individual registered under

Part 5 as a registered gaming worker;

registrant means a registered gaming services provider or a registered gaming worker.

References to regulations

Unless a provision of this Act specifies otherwise, a reference in this Act to regulations or a prescribed matter is a reference to regulations of the Lieutenant Governor in Council or to a matter prescribed by the Lieutenant Governor in Council.

What is a provincial gaming scheme

A provincial gaming scheme is a lottery scheme that is authorized under

section 207 (1) (

a) of the Criminal Code to be conducted and managed by the government of a province.

Under this Act, provincial gaming schemes are conducted and managed by the lottery corporation on behalf of the government of British Columbia.

What is a gaming event

A gaming event is a lottery scheme that is authorized under

section 207 (1) (b), (c), (

d) or (

f) of the Criminal Code to be conducted and managed pursuant to a licence issued by the Lieutenant Governor in Council or a person specified by the Lieutenant Governor in Council.

Under this Act, gaming events are conducted and managed in accordance with gaming event licences issued, under

Part 6 [Gaming Events] , by the individual whom the Lieutenant Governor in Council designates as the general manager.

British Columbia Lottery Corporation

Lottery Corporation Continued

Definition for Division 1

In this Division, board means the lottery corporation's board of directors appointed under

section 9 [board of directors] .

Lottery corporation continued

The British Columbia Lottery Corporation is continued as a corporation consisting of a board of directors appointed under

section 9 [board of directors] .

Despite its incorporation under the Company Act , the lottery corporation is a corporation without share capital.

Unless the regulations provide otherwise, the Business Corporations Act does not apply to the lottery corporation.

Lottery corporation is agent of government

The lottery corporation is, for all purposes, an agent of the government.

The Minister of Finance is the fiscal agent of the lottery corporation.

Capacity and powers

Subject to this Act and the regulations, the lottery corporation has the capacity and powers of a natural person of full capacity.

Board of directors

The lottery corporation is to be managed by a board of directors.

The board is to consist of not more than 11 directors appointed by the Lieutenant Governor in Council.

The Lieutenant Governor in Council must designate one of the board members as chair.

The Lieutenant Governor in Council may set the remuneration of each director and other terms of the director's appointment.

The board must reimburse the directors for reasonable travelling and out-of-pocket expenses necessarily incurred in carrying out the directors' duties.

Powers of board

The board must manage the affairs of the lottery corporation or supervise the management of those affairs.

The board

may exercise the powers conferred on the board under this Act,

may exercise the powers of the lottery corporation, on behalf of the lottery corporation, and

must supervise the delegation of any of its powers or duties.

The board may pass the resolutions or bylaws it considers necessary or advisable for the management and conduct of the affairs of the lottery corporation and for the exercise of the powers and the performance of the duties of the board.

A resolution in writing, signed by all of the directors, is as valid as if it had been passed at a meeting of the board properly called and constituted.

For the purposes of subsections (1) and (2), the board may, by resolution or bylaw, delegate to a person employed by the lottery corporation any power or duty of the board, except

the power to pass resolutions or bylaws, and

the duty to appoint a chief executive officer.

Chief executive officer

The board must appoint a chief executive officer of the lottery corporation.

The chief executive officer

is responsible for the management and direction of the operations of the lottery corporation and its officers and employees, and

must exercise the powers and perform the duties that are specified in the resolutions or bylaws of the board.

Officers and employees

The chief executive officer may

appoint the officers and employees of the lottery corporation that are necessary for the lottery corporation to exercise its powers and perform its duties, and

subject to the board's resolutions and bylaws,

define the powers and duties of the officers and employees of the lottery corporation.

The Public Service Act does not apply to the officers and employees of the lottery corporation.

Unless the regulations provide otherwise, the Public Sector Pension Plans Act and the Public Service Benefit Plan Act do not apply to the lottery corporation or the officers and employees of the lottery corporation.

Minister's directives to lottery corporation

The minister may issue directives to the lottery corporation, including, without limitation, directives respecting the following:

the lottery corporation's conduct and management of provincial gaming schemes;

agreements that may be entered into by the lottery corporation;

matters of general policy.

The lottery corporation must

comply with the minister's directives, and

publish the directives in the prescribed manner.

Powers and Duties of Lottery Corporation

General powers of lottery corporation

The lottery corporation is responsible for the conduct and management of provincial gaming schemes.

For the purposes of carrying out its responsibilities under subsection (1), the lottery corporation may do any of the following:

develop, undertake, organize, conduct, manage or operate a lottery scheme, either alone or in conjunction with the government of another province;

provide to any person operational services, computer software, lottery tickets or any other technology, equipment or supplies related to the conduct of lottery schemes in or outside British Columbia;

monitor the operation of provincial gaming schemes or provincial gaming facilities, including by placing provincial gaming facilities under video surveillance;

exercise other powers that the minister may, by directive, authorize in relation to the conduct and management of provincial gaming schemes.

Minister's approval required for new lottery schemes and new places

Except with the prior written approval of the minister, the lottery corporation may not conduct, manage or operate a lottery scheme that is in a class of lottery schemes not currently in operation in British Columbia.

Except with the prior written approval of the minister, the lottery corporation may not conduct, manage or operate a lottery scheme at a place that is in a class of places if the lottery scheme is in a class of lottery schemes not currently in operation at that class of places.

Agreements with Canada and other provinces

Agreements with registered gaming services providers

An agreement between the lottery corporation and a registered gaming services provider for the provision of gaming services by the registered gaming services provider must require the registered gaming services provider to provide the services under the control of the lottery corporation.

Duty of lottery corporation to make rules

The lottery corporation must make rules respecting the operation of and participation in provincial gaming schemes.

The rules must address the following matters:

the manner of selecting and verifying prize winners;

conditions and qualifications for entitlement to prizes;

requirements for handling money and money equivalents;

requirements for accepting, holding and disbursing funds provided by participants;

the value, redemption, validity and use of casino chips.

The lottery corporation must comply with the regulations of the general manager respecting the rules referred to in subsection (1).

If a provision of the rules made under this

section is inconsistent or in conflict with this Act or a regulation under this Act made by the Lieutenant Governor in Council or the general manager, this Act or the regulation prevails.

In making the rules, the lottery corporation may make different rules in relation to different classes of provincial gaming schemes.

Duty to comply with rules

The operator of a provincial gaming scheme and a registered gaming worker who is assisting in the operation of a provincial gaming scheme must comply with the rules made under

section 18.

Duty of lottery corporation to monitor compliance with rules

The lottery corporation must

monitor compliance of registered gaming services providers with

section 19, and

notify the general manager if the lottery corporation has reason to believe that a registered gaming services provider has contravened

section 19.

Lottery corporation training program

The lottery corporation must maintain a training program for

registered gaming workers, and

individuals prescribed by the general manager.

The lottery corporation must comply with the regulations of the general manager respecting the training program.

The courses offered in the training program may be delivered by the lottery corporation or a person authorized by the lottery corporation.

Gaming Development Projects

Definitions for Division 3

In this Division:

gaming development project means a project to

develop or use a facility as a provincial gaming facility,

relocate an existing provincial gaming facility, or

substantially change the type or extent of provincial gaming schemes that are operated at a provincial gaming facility;

host local government , in relation to a gaming development project, means the municipality, regional district or Indigenous nation that has authority over land use planning at the site of the project;

Indigenous nation means any of the following:

a band as defined in

section 2 (1) of the Indian Act (Canada);

the Nisg̱a'a Nation;

a Nisg̱a'a Village;

the shíshálh Nation as defined in the shíshálh Nation Self-Government Act (Canada);

the shíshálh Nation Government District referred to in

section 17 of the shíshálh Nation Self-Government Act (Canada);

a treaty first nation;

the Westbank First Nation as defined in the agreement approved under the Westbank First Nation Self-Government Act (Canada);

a prescribed Indigenous entity;

neighbouring local government , in relation to a gaming development project, means the municipality, regional district or Indigenous nation that has authority over land use planning for an area the boundary of which is, at any point, within the prescribed distance from the site of the project;

regional district includes a local trust committee as defined in the Islands Trust Act ;

substantially change has the prescribed meaning.

Prohibition against unauthorized gaming development project

A person, other than the lottery corporation as authorized under

section 24, must not carry out, or hold out that the person is authorized to carry out, a gaming development project.

Authority of lottery corporation to carry out gaming development project

The lottery corporation may, with the prior written approval of the minister, carry out a gaming development project.

The lottery corporation may not request the minister's approval to carry out a gaming development project unless

the host local government has approved the project under

section 25,

the lottery corporation has considered each report filed under

section 26 (5), and

the lottery corporation has complied with

section 26 (7), if applicable.

On request of the minister, the lottery corporation must provide to the minister any information the minister may require for the purpose of considering a request to approve a gaming development project.

Before deciding whether to approve a gaming development project, the minister must consider the prescribed matters, if any.

Host local government consultation and approval of gaming development project

A host local government may approve a gaming development project if the host local government

has sought and considered input from the community of the host local government, and

has, in accordance with the regulations, consulted with each neighbouring local government respecting the prescribed matters.

An approval under subsection (1) must be in the prescribed form and granted in the prescribed manner.

A host local government must, within the prescribed period after approving a gaming development project, give to each neighbouring local government written notice of the approval.

Objections and dispute resolution

This

section applies in relation to a gaming development project to

develop or use a facility as a provincial gaming facility, or

relocate an existing provincial gaming facility.

A neighbouring local government may object to a gaming development project that has been approved by a host local government.

An objection under subsection

(2) may address only the matters prescribed for the purposes of

section 25 (1) (b),

must be filed with the lottery corporation within the prescribed period after notice is given under

section 25 (3), and

must be in the form and made in the manner required by the lottery corporation.

If an objection is filed by a neighbouring local government, the lottery corporation must arrange for a non-binding dispute resolution process between the host local government and the neighbouring local government to address the following:

the matters specified in the objection as authorized under subsection (3) (a);

the appropriate compensation, if any, to be provided by the host local government to the neighbouring local government for the significant costs that the neighbouring local government demonstrates it will incur, as a result of the gaming development project, in relation to the matters referred to in paragraph (

a) of this subsection.

The host local government must, within the prescribed period, file with the lottery corporation a written report summarizing the results of the dispute resolution process.

The lottery corporation may specify

the form and manner in which the host local government's report must be filed, and

the content that must be included in the report.

Within 30 days after the report is filed under subsection (5), the lottery corporation must

decide whether to apply for the minister's approval to carry out the gaming development project, and

give the host local government and the neighbouring local government written notice of its decision under paragraph (

a) of this subsection.

The fees and reasonable expenses of a mediator retained by the lottery corporation for the purposes of the non-binding dispute resolution process referred to in subsection (4) must be paid by the lottery corporation.

Lottery Corporation Finances

Financial administration

The lottery corporation must maintain an accounting system satisfactory to the Minister of Finance.

The Minister of Finance may require the lottery corporation to provide detailed accounts of the lottery corporation's revenues and expenditures for a specified period.

The lottery corporation's books or records of account and other financial records must at all times be open for inspection by the Minister of Finance or by a person designated by that minister.

Unless the Auditor General is appointed in accordance with the Auditor General Act as the auditor of the lottery corporation, the lottery corporation must appoint an auditor to audit the accounts of the lottery corporation.

The accounts of the lottery corporation must be audited at least once each year, and the costs of the audit must be paid by the lottery corporation.

The fiscal year of the lottery corporation begins on April 1 in each year and ends on March 31 in the following year.

Lottery corporation to report on operations

Each fiscal year, the lottery corporation must submit to the minister a report on the lottery corporation's operations for the preceding fiscal year.

The lottery corporation's annual report must include an audited financial statement.

As soon as practicable after receiving the lottery corporation's annual report, the minister must lay the report before the Legislative Assembly.

In addition to submitting an annual report, the lottery corporation must report to the minister on other matters that the minister may specify.

The minister may specify the form and manner in which, and the dates by which, reports must be submitted by the lottery corporation.

Grants in lieu of taxes

Subject to subsection (2), the lottery corporation may in any year pay to a municipality in which it has property a grant not greater than the amount that would be payable as taxes on the property in that year if the property were not exempt from taxation by the municipality.

The regulations may require the lottery corporation to obtain the approval of the Lieutenant Governor in Council before paying a grant under this section.

Application of revenue

The net income, other than from casino gaming and bingo, in each fiscal year of the lottery corporation, after the lottery corporation makes provision in that fiscal year for any payments it is obliged to make under agreements referred to in

section 16 [agreements with Canada and other provinces] , must be paid into the consolidated revenue fund at the times and in the manner required by order of the Lieutenant Governor in Council.

The balance of net income in each fiscal year of the lottery corporation, after the lottery corporation makes provision in that fiscal year for payment under subsection (1), must be paid into the consolidated revenue fund at the times and in the manner required by order of the Lieutenant Governor in Council.

General Manager

Designation of general manager

The Lieutenant Governor in Council may, by order, designate as the general manager an individual appointed under

section 12 [deputy ministers] of the Public Service Act .

The general manager holds office for 5 years and may be re-designated, once, for a further term of up to 5 years.

Power to delegate

The general manager may delegate to any person any of the general manager's powers or duties under this Act, except the power to make the following:

horse racing rules;

regulations under Division 2 [Regulations of General Manager] of

Part 12 [Regulations] .

Consultants and experts

The Public Service Act does not apply to a person retained under subsection (1).

Collection of information

For the purposes of exercising a power or performing a duty of the general manager under this Act, the general manager may collect information from any of the following:

the lottery corporation;

an applicant for a licence or for registration as a registrant;

a licensee or registrant;

an associated person.

Minister's directives to general manager

The minister may issue written directives to the general manager on matters of general policy.

The general manager must

comply with the minister's directives, and

publish the directives in the prescribed manner.

Inquiries, research and reports

The general manager may make inquiries and conduct research respecting any of the following:

the conduct, management and operation of lottery schemes or horse racing;

any matter that affects or could reasonably be expected to affect the integrity of lottery schemes or horse racing;

matters relating to problem gambling.

The general manager may report to the public in an independent manner on inquiries made or research conducted under this section.

General manager's reports

In each fiscal year, the general manager must submit to the minister a report that describes the activities carried out by the general manager in the previous fiscal year.

As soon as practicable after receiving the report submitted under subsection (1), the minister must

lay the report before the Legislative Assembly if the Legislative Assembly is then sitting, or

file the report with the Clerk of the Legislative Assembly if the Legislative Assembly is not sitting.

In addition to the report under subsection (1), the general manager must report to the minister on any other matter the minister may require.

General Prohibitions, Duties and Powers Respecting Lottery Schemes

Definitions

Definitions for

Part 4

In this Part:

buy in means purchase an entitlement to participate in a provincial gaming scheme;

buy-in limit means the amount prescribed by the general manager for the purposes of

section 53 [restrictions on accepting amounts over buy-in limit] ;

self-excluded individual means an individual who, by agreement, is in the program referred to in

section 57 [voluntary self-exclusion program] ;

source of funds declaration means a declaration referred to in

section 53 (a).

General Prohibitions, Duties and Powers Respecting Lottery Schemes

Prohibition against unauthorized conduct, management or operation of lottery scheme

A person must not conduct, manage or operate a lottery scheme except as provided in this section.

The lottery corporation may conduct, manage or operate a lottery scheme if the general manager has, under Division 3 [General Manager's Approval of Lottery Schemes] of this Part, granted written approval to the lottery corporation to conduct, manage and operate the lottery scheme.

A gaming event licensee may conduct, manage or operate a lottery scheme if authorized to do so by the licensee's gaming event licence.

A registered gaming services provider may operate a lottery scheme if authorized to do so by the registrant's registration.

Prohibition against unauthorized representations respecting lottery scheme

A person that is not authorized under this Act to conduct, manage or operate a lottery scheme must not represent or hold out that the person is authorized to conduct, manage or operate the lottery scheme.

Minors — general rules respecting provincial gaming schemes

The lottery corporation and, if the registered gaming services provider is an operator of the provincial gaming scheme, a registered gaming services provider must not allow a minor to do either of the following:

participate in a provincial gaming scheme;

redeem a chip, card, lottery ticket or other record for a prize in a provincial gaming scheme.

Unless the regulations provide otherwise, the operator of a provincial gaming facility must not allow a minor to be present on the premises of the provincial gaming facility.

Minors — general rules respecting gaming events

Unless the regulations provide otherwise, a gaming event licensee that is conducting, managing or operating a gaming event, or a registered gaming services provider that is operating a gaming event, must not allow a minor to do any of the following:

participate in the gaming event;

redeem a chip, card, lottery ticket or other record for a prize in the gaming event;

assist in the conduct, management or operation of the gaming event.

A gaming event licensee that is conducting, managing or operating a gaming event, or a registered gaming services provider that is operating a gaming event, must not allow a minor to be present on the premises where the gaming event is being operated if, under the regulations or another enactment, minors are prohibited from being present on the premises.

Minors — general rules respecting lottery tickets

A person must not sell or offer to sell a lottery ticket to a minor or purchase a lottery ticket for resale to a minor unless

the person is a gaming event licensee, and

the licensee is authorized to do so by the regulations and the licensee's gaming event licence.

Prohibition against unauthorized sale of lottery ticket to any person

A person other than the lottery corporation must not do any of the following except as authorized under subsection (3):

sell or offer to sell a lottery ticket;

purchase a lottery ticket for resale.

Subsection (1) applies whether the lottery ticket originates in or outside British Columbia.

A person may sell or offer to sell a lottery ticket, or purchase a lottery ticket for resale, if the sale, offer or purchase is authorized

by the lottery corporation, or

by a gaming event licence.

Duty to comply with advertising standards and requirements

The lottery corporation, registered gaming services providers and gaming event licensees must comply with the regulations of the general manager respecting the marketing, advertising and promotion of lottery schemes.

General Manager's Approval of Lottery Schemes

Approval of lottery scheme

The lottery corporation may apply to the general manager for the general manager's written approval to conduct, manage and operate a lottery scheme that is in a class of lottery schemes approved by the minister.

The general manager may grant written approval to the lottery corporation to conduct, manage and operate a lottery scheme if satisfied that

the lottery scheme is fair and safe, and

the gaming supplies to be used in the operation of the lottery scheme are fair, reliable, secure and safe.

An application under this

section must include the information and records and be accompanied by the samples of gaming supplies that the general manager may require.

Prohibition against unauthorized change to lottery scheme

The lottery corporation must not make any of the following changes to a lottery scheme without first obtaining the general manager's written approval under

section 48:

a change to the rules of play that modifies the odds of winning the lottery scheme;

a change to the rules of play that modifies how a winner of the lottery scheme is determined;

a change in the type, make, model or version of the gaming supplies used in the operation of the lottery scheme.

Approval of change to lottery scheme

The general manager may, on application, grant written approval to the lottery corporation to make a change referred to in

section 47 if, in the general manager's opinion,

the change would not compromise the fairness and safety of the lottery scheme, and

the gaming supplies used in the operation of the lottery scheme would continue to be fair, reliable, secure and safe.

An application under this

section must include the information and records and be accompanied by the samples of gaming supplies that the general manager may require.

Requirement to give written reasons for refusing approval

If the general manager refuses to grant an approval under

section 46 [approval of lottery scheme] or 48, the general manager must give the lottery corporation written reasons for the refusal.

Actions by general manager respecting approval of lottery scheme

The general manager may do any of the following in respect of an approval granted under

section 46 [approval of lottery scheme] or 48:

suspend or rescind the approval;

amend the approval, including by

amending or rescinding terms or conditions of the approval, or

imposing new terms or conditions on the approval.

The general manager may take an action under subsection (1) if, in the general manager's opinion,

the lottery scheme to which the approval relates is no longer fair and safe, or

the gaming supplies used in the operation of the lottery scheme are no longer fair, reliable, secure or safe.

If the general manager takes an action under subsection (1), the general manager must give the lottery corporation written reasons for taking the action.

Measures to Prevent Unlawful Activities by Participants in Provincial Gaming Schemes

Measures to prevent and detect unlawful activities

The lottery corporation and operators of provincial gaming schemes must comply with the regulations of the general manager respecting the prevention and detection of unlawful activities.

Restrictions on accepting amounts over buy-in limit

An operator, or a registered gaming worker that is employed by that operator, must not accept from an individual, in a single transaction or a series of transactions during the period prescribed by the general manager, an amount to buy in that is more than the buy-in limit unless

the individual

makes a written declaration respecting the source of the funds to be used for the buy-in, and

produces proof of the individual's identity in the form prescribed by the general manager, or

the operator or registered gaming worker is authorized to do so by regulation of the general manager.

Source of funds declarations

A source of funds declaration must be

in the form and made in the manner required by the general manager, and

accompanied by the records prescribed by the general manager.

A registered gaming services provider that accepts a source of funds declaration must give the source of funds declaration to the lottery corporation, together with any accompanying records referred to in subsection (1) (b).

Source of funds declarations and accompanying records that the lottery corporation receives under subsection (2) or accepts under

section 53 must be kept in accordance with the regulations of the general manager.

Prohibition against presenting false or misleading identification or records

A person must not provide false or misleading information in a source of funds declaration.

A person must not, for the purposes of buying in, present identification or provide a record referred to in

section 54 (1) (

b) that

has been altered to misrepresent the individual's identity,

was issued by the issuing agency to another individual, or

is forged or fraudulently made.

Measures to Prevent and Mitigate Problem Gambling

Duty to comply with requirements respecting problem gambling

The lottery corporation, operators of provincial gaming schemes and gaming event licensees must comply with the regulations of the general manager respecting the detection, mitigation and prevention of problem gambling.

Voluntary self-exclusion program

The lottery corporation must maintain a program under which an individual may agree not to do any of the following during the period specified in the agreement:

enter on the premises of a provincial gaming facility or participate in a provincial gaming scheme at a provincial gaming facility;

participate in an online gaming scheme;

participate in a provincial gaming scheme prescribed by the general manager.

The lottery corporation must comply with the regulations of the general manager respecting the program referred to in subsection (1).

Duties in relation to self-excluded individuals

The lottery corporation must take reasonable steps to prevent a self-excluded individual from participating in an online gaming scheme contrary to an agreement referred to in

section 57 (1).

The operator of a provincial gaming facility must take reasonable steps to prevent a self-excluded individual from

being on the premises of a provincial gaming facility contrary to an agreement referred to in

section 57 (1), or

participating in a provincial gaming scheme contrary to an agreement referred to in

section 57 (1).

The lottery corporation and operators of provincial gaming facilities must comply with the regulations of the general manager respecting the exclusion of self-excluded individuals from provincial gaming schemes and provincial gaming facilities.

Prohibition against extending credit

Unless the regulations provide otherwise, the lottery corporation and registered gaming services providers must not extend credit to a person for the purposes of participating in a provincial gaming scheme.

Duties, Powers and Prohibitions Respecting Access to Provincial Gaming Facilities and Online Gaming Schemes

Duty to remove individual from provincial gaming facility

The operator of a provincial gaming facility must take reasonable steps to remove an individual or cause an individual to be removed from the premises of the provincial gaming facility if the operator has reason to believe that the individual

is unlawfully on the premises,

is on the premises for the purposes of carrying out an unlawful activity, or

is engaging in unlawful conduct or an unlawful activity on the premises.

If, for the purposes of subsection (1), an operator requests an individual to leave the premises and the individual refuses to leave, the operator may remove the individual from the premises through the use of no more force than is necessary.

Power to remove or exclude individual from provincial gaming facility

The general manager or lottery corporation may take an action under subsection (2) if the general manager or lottery corporation has reason to believe that the presence of an individual on the premises of a provincial gaming facility may

undermine public confidence in the conduct, management or operation of provincial gaming schemes, including, without limitation, by interfering with the fairness of a provincial gaming scheme, or

adversely affect

the health or safety of a person, or

the security of property.

In the circumstances referred to in subsection (1), the general manager or lottery corporation may do one or both of the following:

request the individual to leave the premises of the provincial gaming facility;

by written notice given to the individual, prohibit the individual from entering the premises of a provincial gaming facility during the period specified in the notice.

Prohibitions against entering or remaining at provincial gaming facility

An individual who is requested under

section 60 or 61 to leave the premises of a provincial gaming facility must not

remain on the premises, or

enter the premises within 24 hours after the request is made.

An individual to whom notice is given under

section 61 (2) (

b) must not enter the premises of a provincial gaming facility during the period specified in the notice.

Duty to deny access to online gaming scheme

The lottery corporation must take reasonable steps to prevent an individual from continuing to participate in an online gaming scheme if the lottery corporation has reason to believe that the individual is

unlawfully participating in the online gaming scheme,

participating in the online gaming scheme for the purposes of carrying out an unlawful activity, or

engaging in unlawful conduct or an unlawful activity while participating in the online gaming scheme.

Power to deny access to online gaming schemes

The general manager may take an action under subsection (2), and the lottery corporation may take an action under subsection (3), if the general manager or lottery corporation has reason to believe that the participation by an individual in an online gaming scheme may

undermine public confidence in the conduct, management or operation of provincial gaming schemes, including, without limitation, by interfering with the fairness of a provincial gaming scheme, or

adversely affect the health or safety of a person.

In the circumstances referred to in subsection (1), the general manager may do one or both of the following:

direct the lottery corporation to immediately suspend the individual's access to online gaming schemes;

by written notice given to the individual, prohibit that individual from participating in online gaming schemes during the period specified in the notice.

In the circumstances referred to in subsection (1), the lottery corporation may do one or both of the following:

immediately suspend the individual's access to online gaming schemes;

by written notice given to the individual, prohibit that individual from participating in online gaming schemes during the period specified in the notice.

Prohibition against participating in online gaming scheme

An individual to whom notice is given under

section 64 (2) (

b) or (3) (

b) must not participate in an online gaming scheme during the period specified in the notice.

Individuals not entitled to prizes

An individual who is prohibited under

section 61 (2) (b) [power to remove or exclude individual from provincial gaming facility] from entering the premises of a provincial gaming facility is not entitled to a prize as a result of the individual's participation in a provincial gaming scheme at a provincial gaming facility.

An individual who is prohibited under

section 64 (2) (

b) or (3) (

b) from participating in online gaming schemes is not entitled to a prize as a result of the individual's participation in an online gaming scheme.

A self-excluded individual is not entitled to a prize as a result of the individual's participation in a provincial gaming scheme if that participation is contrary to an agreement referred to in

section 57 (1) [voluntary self-exclusion program] .

Security and surveillance of provincial gaming schemes

Operators of provincial gaming schemes must comply with the regulations of the general manager respecting the security and surveillance of provincial gaming facilities and online gaming schemes.

Registered Gaming Services Providers and Registered Gaming Workers

Prohibitions Respecting Gaming Services and Gaming Work

Prohibition against unauthorized provision of gaming services

A person must not provide gaming services unless the person is authorized, as a registered gaming services provider or registered gaming worker, to provide the gaming services.

Subsection (1) does not apply to

the lottery corporation, or

a person that is exempted from that subsection by regulation of the general manager.

Prohibition against unauthorized use of gaming services

A gaming event licensee must not use gaming services unless the person providing the gaming services

is authorized, as a registered gaming services provider, to provide the gaming services, or

is exempted from

section 68 (1) in relation to the gaming services.

Prohibitions against unauthorized gaming work

An individual must not accept payment to assist in the conduct, management or operation of a lottery scheme or to carry out an activity prescribed by the general manager unless

the individual is a registered gaming worker, or

the individual is exempted from this subsection by regulation of the general manager.

The lottery corporation or a registered gaming services provider must not employ or engage an individual to do any of the following unless the individual is a registered gaming worker or is exempted from subsection (1):

assist in the conduct, management or operation of a lottery scheme;

carry out an activity prescribed by the general manager.

A gaming event licensee must not employ or engage an individual to assist in the conduct, management or operation of a gaming event if

the individual is not a registered gaming worker, and

Registration

Application for registration as registered gaming services provider

A person may apply for registration or renewal of registration as a registered gaming services provider by submitting to the general manager

the information, application form and other records required by the general manager,

the prescribed application fee, unless the regulations exempt the person from the requirement to submit the fee, and

if the person is required by the regulations to pay for the costs of a background investigation required under subsection (2), a deposit to cover the costs, as estimated by the general manager, of the background investigation.

An applicant for registration as a registered gaming services provider must submit to a background investigation.

The deposit referred to in subsection (1) (

c) must be held in trust by the Minister of Finance.

Application for registration as registered gaming worker

A person may apply for registration or renewal of registration as a registered gaming worker by submitting to the general manager

the information, application form and other records required by the general manager, and

the prescribed application fee, unless

the fee is waived by the general manager as authorized by the regulations, or

the regulations exempt the person from the requirement to submit the fee.

An applicant for registration as a registered gaming worker must submit to a background investigation.

General manager may refuse to accept application for registration

The general manager may, in the prescribed circumstances, refuse to accept an application for registration or renewal of registration submitted under

section 71 or 72.

If an application is refused under this section, the general manager must give the applicant written reasons for the refusal.

Actions by general manager respecting registration of registered gaming services providers and registered gaming workers

The general manager may take any of the following actions in relation to a person that is an applicant for registration or renewal of registration as a registered gaming services provider or registered gaming worker:

refuse to register the person or refuse to renew the person's registration.

The general manager may take any of the following actions in relation to a person that is a registrant:

suspend or cancel the person's registration;

amend the person's registration, including by

imposing new terms or conditions on the registration,

amending or rescinding terms or conditions of the registration, or

iii

extending the term of registration.

Without limiting the general manager's authority under subsection (1) or (2), the general manager may take an action under subsection (1) (

c) or (2) if, in the general manager's opinion, any of the following apply:

the person, or an associated person,

has contravened this Act or a regulation under this Act made by the Lieutenant Governor in Council or the general manager,

has engaged in conduct that shows that the person is unfit to be a registered gaming services provider or registered gaming worker, or

iii

has been convicted of an offence under an enactment, or under a law of another jurisdiction in or outside Canada, for conduct that shows that the person is unfit to be a registered gaming services provider or registered gaming worker;

the person has contravened a term or condition of registration;

in the case of a person that is a registered gaming services provider or an applicant for registration or renewal of registration as a registered gaming services provider,

the person does not meet the eligibility requirements prescribed by the general manager, or

the person has breached a contract with the lottery corporation;

the person has failed to pay, as required under this Act or the Offence Act , an amount owing as a monetary penalty or fine.

Requirement to give written notice of action

If the general manager takes an action under

section 74 (1) (

c) or (2), the general manager must give the applicant or registrant written notice of the action.

The notice under subsection (1) must include the following:

the general manager's reasons for taking the action;

a statement that the action may be reconsidered under

section 187 [reconsideration by general manager] .

Register of registered gaming services providers and registered gaming workers

The general manager must maintain a register that sets out the following information about each person that is a registrant:

the name of the person;

the class of registration in which the person is registered;

the term of the person's registration.

The information in the register must be made available to the public.

If a term or condition of a registrant's registration is inconsistent or in conflict with this Act or a regulation under this Act made by the Lieutenant Governor in Council or the general manager, this Act or the regulation prevails.

The general manager may, in the public interest and without giving prior notice to affected registrants, make any of the following changes to the registrations of all persons in a specified class of registered gaming services providers or registered gaming workers:

impose a term or condition on the registrations;

amend or rescind a term or condition imposed under paragraph (a).

If the general manager makes a change under subsection (1), the general manager must publish a notice in a manner that will, in the general manager's opinion, bring the change to the attention of all persons registered in the specified class.

Unless the notice published under subsection (2) provides otherwise, the change takes effect on the date the notice is published.

The general manager may, in the public interest and without giving prior notice to affected registrants, make any of the following changes to the registration of one or more, but not all, persons in a specified class of registered gaming services providers or registered gaming workers:

impose a term or condition on the registration or registrations;

amend or rescind a term or condition imposed under paragraph (a).

If the general manager makes a change under this section, the general manager must give notice of the change to each of the affected registrants.

Unless the notice given under subsection (2) provides otherwise, the change takes effect on the date the notice is given to the affected registrant.

Reporting Duties of Registered Gaming Services Providers

Duty to report organizational changes

A registered gaming services provider that is a corporation must give written notice to the general manager if

there is a change in the directors or officers of the corporation, or

a person, or a group of persons acting in concert, acquires or disposes of, whether directly or indirectly, a percentage of the outstanding voting shares in the corporation that exceeds the percentage prescribed by the general manager.

A registered gaming services provider that is a partnership must give written notice to the general manager of a change in the partners or officers of the partnership.

The notice under subsection (1) or (2) must be given to the general manager

at least 3 months before the change, acquisition or disposition is to take effect, or

if the registered gaming services provider is not aware of the change, acquisition or disposition 3 months before it is to take effect, as soon as practicable after the registered gaming services provider becomes aware of the change, acquisition or disposition.

Duty to provide financial statements

A registered gaming services provider must, within 6 months after the end of each fiscal year of the registered gaming services provider, provide to the general manager a financial statement respecting the activities of the registered gaming services provider in that fiscal year.

On request of the general manager, a registered gaming services provider must provide a financial statement audited by an auditor approved by the general manager.

Gaming Events

Responsibilities of General Manager

Responsibilities of general manager in relation to gaming events

The general manager may specify the fairs or exhibitions at which gaming events or classes of gaming events may be conducted and managed.

Except with the prior written approval of the minister, the general manager may not authorize a gaming event licensee to conduct and manage a lottery scheme that is in a class of lottery schemes not currently conducted and managed by gaming event licensees.

Making and Determining Application for Gaming Event Licence

Application for gaming event licence

A person may apply for a gaming event licence by submitting to the general manager

the information, application form and other records required by the general manager, and

the prescribed application fee.

Actions by general manager respecting gaming event licences

The general manager may take any of the following actions in relation to a person that is an applicant for a gaming event licence:

refuse to issue a gaming event licence to the person.

The general manager may take any of the following actions in relation to a person that is a gaming event licensee:

suspend or cancel the person's gaming event licence;

amend the person's gaming event licence, including by

imposing new terms or conditions on the licence,

amending or rescinding terms or conditions of the licence, or

iii

extending the term of the licence.

Without limiting the authority of the general manager under subsection (1) or (2), the general manager may take an action under subsection (1) (

b) or (2) if, in the general manager's opinion, any of the following applies:

the person does not meet the eligibility requirements for holding a gaming event licence, as specified by the general manager;

the person, or an associated person,

has contravened this Act or a regulation under this Act made by the Lieutenant Governor in Council or the general manager,

has engaged in conduct that shows that the person is unfit to hold a gaming event licence, or

iii

has been convicted of an offence under an enactment, or under a law of another jurisdiction in or outside Canada, for conduct that shows that the person is unfit to hold a gaming event licence;

the person has contravened a term or condition of

a gaming event licence,

registration as a registered gaming services provider or registered gaming worker, or

iii

a community gaming grant given under

Part 9 [Community Gaming Grants] ;

the person has failed to pay, as required under this Act or the Offence Act , an amount owing as a monetary penalty or fine.

Requirement to give written notice of action

If the general manager takes an action under

section 84 (1) (

b) or (2), the general manager must give the applicant or licensee written notice of the action.

The notice given under subsection (1) must include the following:

the general manager's reasons for taking the action;

a statement that the action may be reconsidered under

section 187 [reconsideration by general manager] .

Gaming event licence not assignable

A gaming event licence is not assignable or transferable.

If a term or condition of a gaming event licence is inconsistent or in conflict with this Act or a regulation under this Act made by the Lieutenant Governor in Council or the general manager, this Act or the regulation prevails.

The general manager may, in the public interest and without giving prior notice to affected gaming event licensees, make any of the following changes to all licences in a specified class of gaming event licence:

impose a term or condition on the licences;

amend or rescind a term or condition imposed under paragraph (a).

If the general manager makes a change under subsection (1), the general manager must publish a notice in a manner that will, in the general manager's opinion, bring the change to the attention of all gaming event licensees in the specified class.

Unless the notice published under subsection (2) provides otherwise, the change takes effect on the date the notice is published.

The general manager may, in the public interest and without giving prior notice to affected gaming event licensees, make any of the following changes to one or more, but not all, licences in a specified class of gaming event licence:

impose a term or condition on the licence or licences;

amend or rescind a term or condition imposed under paragraph (a).

If the general manager makes a change under this section, the general manager must give notice of the change to each of the affected gaming event licensees.

Unless the notice given under subsection (2) provides otherwise, the change takes effect on the date the notice is given to the affected gaming event licensee.

Duties of Gaming Event Licensees

Duty respecting conduct, management and operation of gaming event

A gaming event licensee must comply with the regulations of the general manager respecting the conduct, management and operation of gaming events.

Duty of gaming event licensee to provide financial reports and statements

If required by the regulations of the general manager, a gaming event licensee must provide to the general manager a financial report respecting the activities carried out under the licensee's gaming event licence.

On request of the general manager, a gaming event licensee must provide to the general manager a financial statement respecting the licensee's activities in a fiscal year of the licensee as specified in the request.

On request of the general manager, a gaming event licensee must provide a financial statement that is audited by an auditor approved by the general manager.

Horse Racing

Application of

Part 7

Application of

Part 7

This Part applies in relation to a horse race and related activities and matters referred to in

section 93 only if pari mutuel betting takes place in relation to the horse race.

In this section, pari mutuel betting means betting that is authorized under

section 204 of the Criminal Code in relation to a horse race.

Prohibitions, Duties and Powers Respecting Horse Racing and Horse Racing Facilities

Prohibition against unlicensed horse racing

A person must not do any of the following unless the person is authorized to do so under a horse racing licence:

hold a horse race;

manage or operate a horse racing facility;

own a horse that is entered into a horse race;

participate in any of the following activities:

training a horse at a horse racing facility for the purposes of entering the horse in a horse race;

judging or officiating a horse race;

iii

riding or driving in a horse race;

providing veterinary services at a horse racing facility;

providing medical services at a race track;

providing services in relation to the care of horses at a horse racing facility;

vii

an activity prescribed by the general manager.

Subsection (1) (

d) does not apply to a person employed or retained by the government when acting in the course of the person's duties.

Presence of minors at horse racing facilities

Unless the regulations provide otherwise, a horse racing licensee that is operating a horse racing facility must not allow a minor to be present on the premises of the horse racing facility.

Duty of horse racing licensee to remove individual from horse racing facility

A horse racing licensee that is operating a horse racing facility must take reasonable steps to remove an individual or cause an individual to be removed from the premises of the horse racing facility if the licensee has reason to believe that the individual

is unlawfully on the premises,

is on the premises for the purposes of carrying out an unlawful activity, or

is engaging in unlawful conduct or an unlawful activity on the premises.

If, for the purposes of subsection (1), a horse racing licensee requests an individual to leave the premises and the individual refuses to leave, the licensee may remove the individual from the premises through the use of no more force than is necessary.

Power of general manager to remove or exclude individual from horse racing facility

The general manager may take an action under subsection (2) if the general manager has reason to believe that the presence of an individual on the premises of a horse racing facility may

undermine public confidence in horse racing, including, without limitation, by interfering with the fairness of a horse race, or

adversely affect

the health or safety of a person,

the welfare of horses, or

iii

the security of property.

In the circumstances referred to in subsection (1), the general manager may do one or both of the following:

request the individual to leave the premises of the horse racing facility;

by written notice given to the individual, prohibit the individual from entering the premises of a horse racing facility during the period specified in the notice.

Prohibitions against entering or remaining at horse racing facility

An individual who is requested under

section 95 or 96 to leave the premises of a horse racing facility must not

remain on the premises, or

enter the premises within 24 hours after the request is made.

An individual who, by written notice given under

section 96 (2) (b), is prohibited from entering the premises of a horse racing facility must not enter the premises of the horse racing facility during the period specified in the notice.

Security and surveillance of horse racing facilities

A horse racing licensee that is operating a horse racing facility must comply with the regulations of the general manager respecting the security and surveillance of horse racing facilities.

Assignment of race dates

The general manager may

assign to a horse racing licensee the dates on which the licensee may hold a horse race, and

An assignment under subsection (1) must be in writing.

The general manager may take any of the following actions in relation to the race dates assigned to a horse racing licensee:

revoke a term or condition of the assignment;

change the dates or add new dates;

cancel a horse race that was to be held on an assigned date.

If the general manager takes an action under subsection (3), the general manager must notify the horse racing licensee of the action.

A horse racing licensee must not hold a horse race except on a date assigned to the licensee under this section.

Horse Racing Licences

Application for horse racing licence

A person may apply for a horse racing licence or renewal of a horse racing licence by submitting to the general manager

the information, application form and other records required by the general manager,

the prescribed application fee, unless

the fee is waived by the general manager as authorized by the regulations, or

the regulations exempt the person from the requirement to submit the fee, and

if the person is required by the regulations to pay for the costs of a background investigation required under subsection (2), a deposit to cover the costs, as estimated by the general manager, of the background investigation.

An applicant must submit to a background investigation.

The deposit referred to in subsection (1) (

c) must be held in trust by the Minister of Finance.

The general manager may, in the prescribed circumstances, refuse to accept an application for a horse racing licence or renewal of a horse racing licence.

If an application is refused under subsection (4), the general manager must give the applicant written reasons for the refusal.

Actions by general manager respecting horse racing licences

The general manager may take any of the following actions in relation to a person that is an applicant for a horse racing licence or renewal of a horse racing licence:

refuse to issue a horse racing licence to the person or refuse to renew the person's horse racing licence.

The general manager may take any of the following actions in relation to a person that is a horse racing licensee:

suspend or cancel the person's horse racing licence;

amend the person's horse racing licence, including by

imposing new terms or conditions on the licence,

amending or rescinding terms or conditions of the licence, or

iii

extending the term of the licence.

Without limiting the general manager's authority under subsection (1) or (2), the general manager may take an action under subsection (1) (

c) or (2) if, in the general manager's opinion, any of the following applies:

the person, or an associated person,

has contravened this Act or a regulation under this Act made by the Lieutenant Governor in Council or the general manager,

has engaged in conduct that shows that the person is unfit to hold a horse racing licence, or

iii

has been convicted of an offence under an enactment, or under a law of another jurisdiction in or outside Canada, that shows that the person is unfit to hold a horse racing licence;

the person has contravened a term or condition of

a horse racing licence, or

registration as a registered gaming services provider or registered gaming worker;

the person has failed to pay, as required under this Act or the Offence Act , an amount owing as a monetary penalty or fine;

the person does not have the education, training, experience or skill necessary to carry out the activities that are or would be authorized under the licence.

Requirement to give written notice of action

If the general manager takes an action under

section 101 (1) (

c) or (2), the general manager must give the applicant or horse racing licensee written notice of the action.

The notice under subsection (1) must include the following:

the general manager's reasons for taking the action;

a statement that the action may be reconsidered under

section 187 [reconsideration by general manager] .

Licence not assignable

A horse racing licence is not assignable or transferable.

Public list of horse racing licensees

The general manager must maintain a list that sets out the following information about each person that holds a horse racing licence:

the name of the person;

the category of licence, as established in the horse racing rules, held by the person;

the term of the person's licence.

The information in the list referred to in subsection (1) must be made available to the public.

If a term or condition of a horse racing licence is inconsistent or in conflict with this Act or a regulation under this Act made by the Lieutenant Governor in Council or the general manager, this Act or the regulation prevails.

The general manager may, in the public interest and without giving prior notice to affected horse racing licensees, make any of the following changes to all licences in a specified class of horse racing licence:

impose a term or condition on the licences;

amend or rescind a term or condition imposed under paragraph (a).

If the general manager makes a change under subsection (1), the general manager must publish a notice in a manner that will, in the general manager's opinion, bring the change to the attention of all horse racing licensees in the specified class.

Unless the notice published under subsection (2) provides otherwise, the change takes effect on the date the notice is published.

The general manager may, in the public interest and without giving prior notice to affected horse racing licensees, make any of the following changes to the licences of one or more, but not all, licences in a specified class of horse racing licence:

impose a term or condition on the licence or licences;

amend or rescind a term or condition imposed under paragraph (a).

If the general manager makes a change under this section, the general manager must give notice of the change to each of the affected horse racing licensees.

Unless the notice given under subsection (2) provides otherwise, the change takes effect on the date the notice is given to the affected horse racing licensee.

Duties of Horse Racing Licensees

Duty of horse racing licensee to report organizational changes

If required by the regulations of the general manager, a horse racing licensee that is a corporation must give written notice to the general manager of

a change in the directors or officers of the corporation, or

the acquisition or disposition, whether direct or indirect, by a person or a group of persons acting in concert, of a percentage of the outstanding voting shares in the capital of the corporation that exceeds the percentage prescribed by the general manager.

If required by the regulations of the general manager, a horse racing licensee that is a partnership must give written notice to the general manager of a change in the partners or officers of the partnership.

Duty of horse racing licensee to provide financial statements

If required by the regulations of the general manager, after each fiscal year of a horse racing licensee, the licensee must provide to the general manager a financial statement respecting the activities of the licensee in that fiscal year.

On request of the general manager, a horse racing licensee must provide a financial statement audited by an auditor approved by the general manager.

Horse racing rules

The general manager may make rules respecting horse racing.

Without limiting subsection (1), the general manager may make rules respecting any of the following:

the conduct of horse races;

eligibility and procedures for entry into horse races;

the disqualification of horses;

the handling and distribution of purse money;

the professional conduct of horse racing licensees;

the training, at a horse racing facility, of horses for horse races;

access to and activities permissible in specified areas of a race track;

measures to protect the fairness of horse races;

the health and safety of horse racing licensees;

the health, safety and welfare of horses;

the publication of horse race schedules;

information that must be reported to the general manager by horse racing licensees;

records that must be maintained by horse racing licensees;

practices and procedures for the administration of the rules.

In making rules under this section, the general manager may

adopt by reference, in whole, in part or with any changes considered appropriate, a law, code, standard or rule

enacted as or under a law of another jurisdiction in or outside Canada, or

set by a provincial, national or international body or any other code-, standard- or rule-making body

as the law, code, standard or rule stands at a specific date, as it stands at the time of adoption or as it is amended from time to time,

establish different categories of horse races or horse racing licences, including, without limitation, by reference to activities carried out under the licences, and

make different rules in relation to different categories of horse races or horse racing licences.

A horse racing licensee must comply with the horse racing rules.

If a provision of the horse racing rules is inconsistent or in conflict with this Act or a regulation under this Act made by the Lieutenant Governor in Council or the general manager, this Act or the regulation prevails.

Prohibition against betting on horse races

A horse racing licensee must comply with the regulations of the general manager respecting the participation by horse racing licensees in betting on horse races.

Prohibition against obstructing general manager

A horse racing licensee must not obstruct the general manager in the lawful exercise of a power or the performance of a duty under this Part.

Horse Racing Betting Fee

Definitions for Division 6

In this Division:

betting fee means the fee under

section 114;

operator means a person that

holds a horse race or operates a race track, or

is a custodian or depositary of money that is deposited for the purpose of placing a bet in relation to a horse race.

Fee for betting on horse race

A person who deposits an amount with an operator in British Columbia for the purposes of placing a bet in relation to a horse race held in or outside British Columbia must pay to the government a fee equal to the following:

in the case of a triactor bet, 4.5% of the amount deposited in the triactor pool;

in the case of a bet other than a triactor bet, 2.5% of the amount deposited in the pool.

Collection and remittance of betting fee

An operator must levy and collect the betting fee at the time that a person deposits an amount with the operator for the purposes of placing a bet in relation to a horse race.

An operator must remit to the government, on or before the prescribed date and in the prescribed manner, betting fees collected by the operator.

Interest, calculated at the prescribed rate and in the prescribed manner, is payable by an operator on betting fees owing to the government and not remitted under subsection (2).

An operator must, in accordance with the regulations, maintain records and provide reports in relation to betting fees collected and remitted under this section.

An operator is an agent of the government for the purposes of this Division.

Use of horse racing betting fees

Despite the Financial Administration Act , the fees remitted under

section 115 of this Act in each fiscal year must be applied as follows:

by paying into the consolidated revenue fund an amount equal to the cost, as estimated by the minister, of regulating horse racing under this Act in the following fiscal year;

after the payment under paragraph (a), by dividing the balance between or among prescribed organizations in accordance with the regulations.

It is a condition of a payment to an organization under subsection (1) (

b) that the organization apply the payment toward one or both of the following:

the improvement of horse racing in British Columbia;

the economic viability of horse racing in British Columbia.

First Nations Revenue Sharing

Definitions for

Part 8

In this Part:

actual net income of the lottery corporation , in relation to a fiscal year, means the net income of the lottery corporation as reported in the audited financial statement for the fiscal year submitted by the lottery corporation under

section 28 [lottery corporation to report on operations]

less the amount, as reported in the audited financial statement in which the net income of the lottery corporation is reported, that the lottery corporation makes provision for in that fiscal year for any payments it is obliged to make under agreements referred to in

section 16 [agreements with Canada and other provinces] in respect of lotteries, and

as otherwise adjusted in accordance with the long-term agreement;

annual revenue sharing entitlement has the same meaning as in the interim agreement;

estimated net income of the lottery corporation , in relation to a fiscal year, means the estimated net income of the lottery corporation for the fiscal year as presented to the Legislative Assembly in the main estimates under the Budget Transparency and Accountability Act ;

interim agreement means the Interim BC First Nations Gaming Revenue Sharing and Financial Agreement dated August 2, 2019, as amended from time to time, between the government, the partnership, the First Nations Summit, the British Columbia Assembly of First Nations and the Union of British Columbia Indian Chiefs;

long-term agreement means an agreement, as amended from time to time, respecting the sharing of annual provincial gaming revenue between the government, the partnership, the First Nations Summit, the British Columbia Assembly of First Nations and the Union of British Columbia Indian Chiefs, but does not include the interim agreement;

partner means a limited partner of the partnership;

partnership means the BC First Nations Gaming Revenue Sharing Limited Partnership or its successors or assigns.

The minister must publish in the Gazette the interim agreement, the long-term agreement and any agreement amending the interim agreement or the long-term agreement.

Application of

Part 8

Subject to subsection (2), this Part applies

if there is a long-term agreement in effect, and

during the period beginning on April 1, 2021 and ending on the earlier of the following dates:

March 31, 2045;

the date on which the long-term agreement referred to in paragraph (

a) is terminated.

The obligations to make payments under sections 119 and 120 do not apply during any period in which payments are suspended in accordance with the long-term agreement.

Partnership's entitlement to lottery corporation revenue

For each fiscal year beginning on or after April 1, 2021, the lottery corporation must pay to the partnership, by paying to the government on behalf of the partnership, 7% of the actual net income of the lottery corporation for the fiscal year.

The following payments for each fiscal year discharge the obligation of the lottery corporation to make payments to the partnership under subsection (1) in that fiscal year:

the payments under

section 30 [application of revenue] into the consolidated revenue fund;

the minister's payments under

section 120.

For certainty, the government is not, under this Part, an agent of the partnership.

Annual payments to partnership

On or before April 30 of each fiscal year beginning on or after April 1, 2021, the minister must pay from the consolidated revenue fund to the partnership 7% of the amount that is equal to the estimated net income of the lottery corporation for the fiscal year less any adjustment under subsection (4) for the second preceding fiscal year.

For each fiscal year beginning on or after April 1, 2021, if the actual net income of the lottery corporation for the fiscal year exceeds the estimated net income of the lottery corporation for that fiscal year, the minister must pay from the consolidated revenue fund to the partnership the amount that is equal to 7% of the difference between the actual net income of the lottery corporation for that fiscal year and the estimated net income of the lottery corporation for that fiscal year.

A payment under subsection (2) for a fiscal year must be made on or before the earlier of the following dates:

the date that is 60 days after the public accounts for the fiscal year are made public under the Budget Transparency and Accountability Act ;

the date specified in the long-term agreement.

For each fiscal year beginning on or after April 1, 2023, if the actual net income of the lottery corporation for the second preceding fiscal year is less than the estimated net income of the lottery corporation for the second preceding fiscal year, the amount payable under subsection (1) for the fiscal year must be reduced by the amount that is equal to 7% of the difference between the actual net income of the lottery corporation for the second preceding fiscal year and the estimated net income of the lottery corporation for the second preceding fiscal year.

At the partnership's written request in relation to a payment for a fiscal year, the minister must pay from the consolidated revenue fund directly to a partner that partner's share determined in accordance with the long-term agreement, in which case the payment to the partnership under subsection (1) or (2) must be reduced by an amount equal to the minister's payment to the partner.

One-time adjustment for interim agreement overpayment

This

section applies if the amount of $196 840 000 exceeds the total of the partnership's annual revenue-sharing entitlements for the fiscal years beginning on April 1, 2019 and April 1, 2020.

For the fiscal year beginning on April 1, 2022, the amount otherwise payable under

section 120 (1) for that fiscal year is reduced by the amount of the excess referred to in subsection (1) of this section.

Application of Financial Administration Act

Despite the Financial Administration Act , sections 21 (3), 27 (1) (

a) and 45 (1) of the Financial Administration Act do not apply to an appropriation under

section 120 of this Act.

Community Gaming Grants

Definitions

Definitions for

Part 9

In this Part:

associated person , in relation to an applicant for a community gaming grant, means a director, officer or employee of an applicant or any other person that, in the grant manager's opinion, may have direct or indirect influence over the applicant;

background investigation means a background investigation conducted under

section 129 [background investigations by grant manager] ;

community gaming grant means a grant given under

section 130 [community gaming grants] to an applicant;

grant recipient means an organization that receives a community gaming grant.

Grant Manager

Designation of grant manager

The minister may designate as the manager of community gaming grants an individual appointed under the Public Service Act .

The grant manager may delegate to any person any of the powers and duties of the grant manager, subject to any terms or conditions the grant manager considers appropriate.

A delegation under subsection (2) to a person not appointed under the Public Service Act must be in writing.

Minister's directives to grant manager

The minister may issue written directives to the grant manager on matters of general policy.

The grant manager must

comply with the directives, and

publish each directive in the manner specified in the directive.

Grant manager's report to minister

Each fiscal year, the grant manager must submit to the minister a report respecting the community gaming grants given during the preceding fiscal year.

In addition to the report under subsection (1), the grant manager must report to the minister on any other matter the minister may require.

Community Gaming Grants

Eligibility requirements for community gaming grant

The grant manager must, under the direction of the minister, establish the requirements that an organization must meet to be eligible to receive a community gaming grant.

Application for community gaming grant

An organization may apply for a community gaming grant by submitting to the grant manager an application in the form and manner required by the grant manager.

Background investigations by grant manager

For the purposes of assessing an application for a community gaming grant, the grant manager may conduct a background investigation in respect of any of the following:

the applicant;

an associated person.

A background investigation under this

section may include any of the following:

a criminal record check;

inquiries into a person's financial position;

other inquiries the grant manager considers necessary.

Community gaming grants

The grant manager may give a community gaming grant to an applicant that meets the requirements established under

section 127 [eligibility requirements for community gaming grant] .

Prohibition against providing false or misleading information in application

An applicant for a community gaming grant must not submit an application that contains false or misleading information or that fails to disclose a material fact.

Compliance and Enforcement

Duty of grant recipient to provide financial statements

A grant recipient must provide to the grant manager a financial statement that accounts for the grant recipient's use of the money given by way of the grant recipient's community gaming grant.

The financial statement required under subsection

(1) must be in the form and include the content required by the grant manager,

must cover the period specified by the grant manager, and

must be provided within the period specified by the grant manager.

On request of the grant manager, a grant recipient must provide a financial statement audited by an auditor approved by the grant manager.

Prohibition against providing false or misleading information in financial statement

A grant recipient must not provide false or misleading information or fail to disclose a material fact in a financial statement provided under

section 132.

Purposes of audits and inspections by grant manager

The grant manager may conduct audits and inspections for the purposes of monitoring and determining a grant recipient's compliance with this Part.

Demand for information by grant manager

For the purposes of conducting an audit or inspection, the grant manager may, by demand notice, require a grant recipient to provide information or records that the grant manager considers relevant.

A grant recipient to which a demand notice is given under this

section must produce the required information or records in the form and manner and within the period specified in the notice.

Grant manager's powers of entry

For the purposes of conducting an audit or inspection, the grant manager may, at any reasonable time, enter

a business premises of a grant recipient, or

a place at which the records or things referred to in

section 138 are kept.

The grant manager may not enter a place occupied as a private residence except with the consent of the occupant or as authorized by a warrant issued under

section 137 or under another Act.

Warrant to exercise grant manager's audit and inspection powers

If satisfied that there are reasonable grounds to believe that entry into a place is necessary for the purposes of an audit or inspection, a justice may issue a warrant authorizing the grant manager or another person named in the warrant to enter the place and conduct an audit or inspection.

Grant manager's audit and inspection powers at places

The grant manager may do any of the following at a place the grant manager is authorized to enter under

section 136 or 137:

audit, inspect or examine records;

inspect or examine things;

require persons to provide information, records or things;

remove records and things for the purpose of making copies or extracts or otherwise recording or marking them for identification.

Duties of grant manager in relation to audit and inspection

When the grant manager is conducting an audit or inspection at a place the grant manager is authorized to enter under

section 136 [grant manager's powers of entry] or 137, the grant manager must

carry proof of identity, and

present the proof of identity on request.

If the grant manager removes a record or thing from a place, the grant manager

must provide a receipt for the record or thing,

may make alterations to the record or thing that are reasonably necessary for the purposes of the audit or inspection, and

must return the record or thing within a reasonable time.

Assistance to grant manager in conduct of audit or inspection

In conducting an audit or inspection, the grant manager may do any of the following:

request and receive the assistance of a peace officer;

be accompanied and assisted by other persons, including persons who have expert or special knowledge that the grant manager considers relevant to the audit or inspection;

bring or use equipment, machines or materials that the grant manager considers necessary to conduct the audit or inspection.

Duty to cooperate with grant manager during audit or inspection

When the grant manager is conducting an audit or inspection in respect of a grant recipient, the grant recipient must, on request of the grant manager,

promptly allow the grant manager to enter a place referred to in

section 136 [grant manager's powers of entry] ,

promptly provide, or produce within the period specified by the grant manager, the information, records or things the grant manager is authorized to audit, inspect or examine under

section 135 [demand for information by grant manager] or 138 [grant manager's audit and inspection powers at places] , and

allow the grant manager to inspect, audit, examine, or remove the records and things referred to in paragraph (b).

A person that has possession or control of information, records or things that the grant manager is authorized to audit, inspect, examine, obtain or remove under this Division must produce or provide access to the information, records or things within the period specified by the grant manager.

Prohibition against obstructing or interfering with grant manager's audit or inspection

A person must not do any of the following in relation to an audit or inspection conducted by the grant manager:

obstruct, hinder or interfere with the audit or inspection;

provide false or misleading information or records to, or fail to disclose a material fact to, the grant manager;

withhold, destroy, tamper with, alter, conceal or refuse to produce anything requested for the purposes of the audit or inspection.

Grant manager's order to freeze property

The grant manager may make an order under this

section in respect of a grant recipient if the grant manager reasonably believes all of the following:

the grant recipient has contravened a term or condition of the grant recipient's community gaming grant;

the term or condition referred to in paragraph (

a) is in relation to the handling of or accounting for money provided by way of a community gaming grant;

one of the following applies:

the grant recipient is or will be insolvent or otherwise financially unstable, and the insolvency or instability may result in a failure to account for the money referred to in paragraph (b);

criminal proceedings involving the conduct of the affairs of the grant recipient have been initiated, are being initiated or are about to be initiated.

An order under this

section may, on terms the grant manager considers reasonable, do any of the following:

require a person to which the order is directed to hold in trust any property of the grant recipient that the person has, in British Columbia, on deposit, under control or for safe keeping;

prohibit the grant recipient from withdrawing any of the grant recipient's property from the possession of another person named in the order that has the property on deposit, under control or for safe keeping;

prohibit a lessor, to which the order is directed, of safety deposit boxes, safes or compartments in safes from permitting the opening or removal of a safety deposit box, safe or compartment in a safe leased to a person named in the order;

require a person named in the order to hold the property affected by the order in that person's possession, control or safe keeping or in trust for an interim receiver, custodian, trustee, receiver manager, receiver or liquidator that has been appointed or whose appointment has been applied for under

the Business Corporations Act , the Law and Equity Act ,

the Personal Property Security Act , the Supreme Court Act ,

the Bankruptcy and Insolvency Act (Canada) or the Winding-up and Restructuring Act (Canada).

An order under this

section may be made without advance notice to a person affected by the order but, promptly after making the order, the grant manager must give a copy of the order to the grant recipient and, if different, the person to which the order is directed.

On the application of a person affected by the order or on the grant manager's own initiative, the grant manager may vary or rescind an order made under this section.

An order under this

section does not apply in relation to assets in a stock exchange clearing house or to securities in the process of being transferred by a transfer agent unless the order expressly states that it applies in relation to those assets or securities.

If a bank, trust company or credit union is the holder of property described in subsection (2) (a), an order under that subsection applies only in relation to offices, branches or agencies specified in the order.

Property affected by an order under this

section continues to be affected by the order and remains frozen as provided in the order until the property

is released under subsection (4), or

is dealt with in accordance with a court order.

Court order respecting disposition of property

A person may, on giving notice to the grant manager, apply to the Supreme Court for an order under subsection (2) if

an order made under

section 143 is directed to the person and the person is uncertain respecting the application of the order to any property, or

the person is not named in an order made under

section 143 and makes a claim to property affected by the order.

On an application under subsection (1), the court may order the disposition of the property as it considers appropriate.

Court order for compliance

If, in the grant manager's opinion, a person has not complied with an order made under

section 143 [grant manager's order to freeze property] , the grant manager may apply to the Supreme Court for any of the following:

an order directing the person to comply with the order made under

section 143 or restraining the person from violating the order made under

section 143;

an order directing the directors and officers of the person to cause the person to comply with or to cease violating the order made under

section 143.

On hearing an application under subsection (1), the Supreme Court may make an order that it considers appropriate.

Enforcement

Definitions

Definitions for

Part 10

In this Part:

licensee includes a former licensee;

registrant includes a former registrant.

Audits and Inspections by General Manager

Purposes of audits and inspections by general manager

Subject to

section 134 [purposes of audits and inspections by grant manager] , the general manager may conduct audits and inspections for the purposes of monitoring and determining compliance with this Act and the regulations under this Act made by the Lieutenant Governor in Council or the general manager.

General manager's powers of entry

For the purposes of conducting an audit or inspection, the general manager may, at any reasonable time, enter any of the following places:

a provincial gaming facility or other place used in the conduct, management or operation of a provincial gaming scheme;

a horse racing facility;

the business premises of the lottery corporation or a registrant or licensee;

a place where records in relation to a person referred to in paragraph (

c) are kept;

a place used by the lottery corporation or a registered gaming services provider for, or in conjunction with, the development, manufacture or testing of gaming supplies;

a place where gaming supplies or other things used in the operation of a lottery scheme are kept;

a place used for, or in conjunction with, gaming events;

a place in respect of which the general manager reasonably believes activities that are not permitted to be carried out, except under a licence or registration, are being carried out by a person that does not have the required licence or registration;

a place in respect of which the general manager reasonably believes there are records or things relevant to determining compliance with this Act.

The general manager may not enter a place occupied as a private residence except with the consent of the occupant or as authorized by a warrant issued under

section 149 or under another Act.

Warrant to exercise general manager's audit and inspection powers

If satisfied that there are reasonable grounds to believe that entry into a place is necessary for the purposes of an audit or inspection, a justice may issue a warrant authorizing the general manager or another person named in the warrant to enter the place and conduct an audit or inspection.

Audit and inspection powers at places

The general manager may do any of the following at a place the general manager is authorized to enter under

section 148 or 149:

inspect the place or the operations or events carried on there;

audit, inspect or examine records, including reports prepared for, or in relation to, the lottery corporation or a licensee or registrant;

remove records referred to in paragraph (

b) for the purposes of making copies or extracts;

inspect, examine or test property or things;

remove things referred to in paragraph (

d) for the purposes of examination, analysis or testing;

examine data;

for the purposes of examining data under paragraph (f),

use a computer system maintained by the lottery corporation,

require persons to establish test accounts for use by the general manager, or

iii

require persons, by using a computer or other device specified by the general manager, to

demonstrate a lottery scheme in which an individual may participate through an online platform, or

demonstrate other computer systems or features;

make records, including by taking photographs or making audio or video recordings of persons or things that are at the place;

require persons that are at the place to do any of the following:

provide information;

produce records or things referred to in paragraph (

b) or (d);

iii

provide data referred to in paragraph (f).

Inspection powers in relation to horse racing

When present on the grounds of a race track for horse racing or race horse training centre, a horse racing licensee must, for the purposes of monitoring and determining compliance with the horse racing rules and ensuring the safety of horse races, submit to the following:

a search of the licensee's person;

a test of the licensee's breath or saliva, for alcohol and other drugs.

The general manager may at any time do the following:

examine a horse;

take from the horse, for testing and analysis, samples of blood, saliva, urine or other substances.

Testing referred to in subsection (1) (

b) and testing and analysis referred to in subsection (2) (

b) must be conducted in accordance with the regulations.

Duties of general manager in relation to audit or inspection

When the general manager is conducting an audit or inspection at a place the general manager is authorized to enter under

section 148 [general manager's powers of entry] or 149 [warrant to exercise general manager's audit and inspection powers] , the general manager must

carry proof of identity, and

present the proof of identity on request.

If the general manager removes a record or thing from a place the general manager is authorized to enter under

section 148 or 149, the general manager

must provide a receipt for the record or thing,

may make alterations to the record or thing that are reasonably necessary for the purposes of the audit or inspection, and

must return the record or thing within a reasonable time.

Assistance to general manager in conduct of audit or inspection

In conducting an audit or inspection, the general manager may do any of the following:

request and receive the assistance of a peace officer;

be accompanied and assisted by other persons, including persons who have expert or special knowledge that the general manager considers relevant to the audit or inspection;

bring or use equipment, machines or materials that the general manager considers necessary to conduct the audit or inspection.

Video surveillance

For the purposes referred to in

section 147 [purposes of audits and inspections by general manager] , the general manager may require the lottery corporation or a registered gaming services provider to do any of the following:

place under video surveillance any of the following:

a provincial gaming facility;

a prescribed place used in the conduct, management or operation of a lottery scheme;

iii

a horse racing facility;

a specified part of, or a specified activity carried out at, a place referred to in subparagraph (i), (ii) or (iii);

retain a recording of the video surveillance referred to in paragraph (a);

provide the general manager with a copy of a recording referred to in paragraph (b).

Video surveillance must be carried out, recordings must be retained and copies must be provided to the general manager during the periods and at the times that the general manager may specify.

Demand for information by general manager

For the purposes of conducting an audit or inspection, the general manager may, by demand notice, require the lottery corporation or a licensee or registrant to provide information, records or things that the general manager considers relevant.

Duty to cooperate with general manager during audit or inspection

When the general manager is conducting an audit or inspection in respect of the lottery corporation or a licensee or registrant, the lottery corporation, licensee or registrant must, on request of the general manager,

promptly allow the general manager to enter a place referred to in

section 148 (1) [general manager's powers of entry] ,

facilitate the audit or inspection, including by providing the general manager with a workspace where information, records or things may be examined in private, and

promptly provide, or produce within the period specified by the general manager, the information, records, data, property or things the general manager is authorized to audit, inspect or examine under

section 150 [audit and inspection powers at places] or 155.

A person that has possession or control of information, records or things that the general manager is authorized to audit, inspect, examine, obtain or remove under this Division must produce or provide access to the information, records or things within the period specified by the general manager.

Prohibition against obstructing or interfering with general manager's audit or inspection

A person must not do any of the following in relation to an audit or inspection conducted by the general manager:

obstruct, hinder or interfere with the audit or inspection;

provide false or misleading information or records to, or fail to disclose a material fact to, the general manager;

withhold, destroy, tamper with, alter, conceal or refuse to provide anything requested for the purposes of the audit or inspection.

This

section does not apply in relation to a search or test conducted under

section 151 (1) [inspection powers in relation to horse racing] .

General manager's order to freeze property

In this section, named registrant or licensee means the registrant or licensee named in an order made under this section.

The general manager may make an order under this

section in respect of a registrant or licensee if the general manager reasonably believes all of the following:

the registrant or licensee failed to comply with a requirement under this Act that relates to the handling of, or accounting for, money derived from a lottery scheme or horse race;

one of the following applies:

the registrant or licensee is or will be insolvent or otherwise financially unstable, and the insolvency or instability may result in a failure to account for money derived from the lottery scheme or horse race referred to in paragraph (a);

criminal proceedings involving the conduct of the affairs of the registrant or licensee have been initiated, are being initiated or are about to be initiated.

An order under this

section may, on terms the general manager considers reasonable, take any of the actions described in

section 143 (2) (

a) to (d) [grant manager's order to freeze property] .

Sections 143 (3) to (7), 144 [court order respecting disposition of property] and 145 [court order for compliance] apply in relation to an order under this section.

In applying

section 143, 144 or 145 for the purposes of this section,

references to "the grant recipient" are to be read as references to "the named registrant or licensee",

references to "grant manager" are to be read as references to "general manager", and

references in sections 144 and 145 to "order made under

section 143" are to be read as references to "order made under this section".

Monetary Penalties

Monetary penalties — registrants and licensees

The general manager may impose a monetary penalty on a registrant or licensee if the general manager determines, based on information obtained through an audit or inspection or from any other source, that the registrant or licensee has contravened any of the following:

a provision of the Act referred to in subsection (2);

a prescribed provision of a regulation made by the general manager for the purposes of any of the following provisions of this Act:

section 45 [duty to comply with advertising standards and requirements] ;

section 52 [measures to prevent and detect unlawful activities] ;

iii

section 56 [duty to comply with requirements respecting problem gambling] ;

section 58 (3) [duties in relation to self-excluded individuals] ;

section 67 [security and surveillance of provincial gaming schemes] ;

section 90 [duty respecting conduct, management and operation of gaming event] ;

vii

section 98 [security and surveillance of horse racing facilities] ;

a prescribed provision of a regulation under this Act made by the Lieutenant Governor in Council or the general manager for purposes other than those referred to in paragraph (b).

For the purposes of subsection (1) (a), the provisions of the Act are as follows:

section 19 [duty to comply with rules] ;

any of the following provisions of

Part 4 [General Prohibitions, Duties and Powers Respecting Lottery Schemes] :

section 41 (1) or (2) [minors — general rules respecting provincial gaming schemes] ;

section 42 (1) or (2) [minors — general rules respecting gaming events] ;

iii

section 43 [minors — general rules respecting lottery tickets] ;

section 53 [restrictions on accepting amounts over buy-in limit] ;

section 58 (1) or (2) [duties in relation to self-excluded individuals] ;

section 59 [prohibition against extending credit] ;

vii

section 60 (1) [duty to remove individual from provincial gaming facility] ;

any of the following provisions of

Part 5 [Registered Gaming Services Providers and Registered Gaming Workers] :

section 69 [prohibition against unauthorized use of gaming services] ;

section 70 (2) or (3) [prohibitions against unauthorized gaming work] ;

iii

section 80 (1) or (2) [duty to report organizational changes] ;

section 81 (1) or (2) [duty to provide financial statements] ;

any of the following provisions of

Part 6 [Gaming Events] :

section 91 (1), (2) or (3) [duty of gaming event licensee to provide financial reports and statements] ;

any of the following provisions of

Part 7 [Horse Racing] :

section 94 [presence of minors at horse racing facilities] ;

section 95 (1) [duty of horse racing licensee to remove individual from horse racing facility] ;

iii

section 99 (5) [prohibition against holding horse races except on assigned race day] ;

section 108 (1) or (2) [duty of horse racing licensee to report organizational changes] ;

section 110 (4) [duty to comply with horse racing rules] ;

vii

section 111 [prohibition against betting on horse races] ;

viii

section 115 (1), (2), (3) or (4) [collection and remittance of betting fee] ;

any of the following provisions of Parts 10 [Enforcement] and 11 [General Matters and Reconsiderations] :

section 155 [demand for information by general manager] ;

section 156 (1) or (2) [duty to cooperate with general manager during audit or inspection] ;

iii

section 157 (1) [prohibition against obstructing or interfering with general manager's audit or inspection] ;

section 167 [duty to report commission of offence] ;

section 183 [prohibition against providing false or misleading information for purposes of background investigation] .

A monetary penalty imposed for the contravention of a provision referred to in this

section must not exceed the amount specified in or determined in accordance with the regulations.

Monetary penalties involving corporate registrants and licensees

If a registrant or licensee that is a corporation contravenes a provision referred to in

section 159, the general manager may also impose a monetary penalty on an officer, director or agent of the corporation who authorizes, permits or acquiesces in the contravention.

Monetary penalties — lottery corporation

The general manager may impose a monetary penalty on the lottery corporation if the general manager determines, based on information obtained through an audit or inspection or from any other source, that the lottery corporation has contravened any of the following:

a provision of the Act referred to in subsection (2);

a prescribed provision of a regulation made by the general manager for the purposes of any of the following provisions of this Act:

section 18 (3) [duty of lottery corporation to make rules] ;

section 21 (2) [lottery corporation training program] ;

iii

section 45 [duty to comply with advertising standards and requirements] ;

section 52 [measures to prevent and detect unlawful activities] ;

section 56 [duty to comply with requirements respecting problem gambling] ;

section 58 (3) [duties in relation to self-excluded individuals] ;

vii

section 67 [security and surveillance of provincial gaming schemes] ;

a prescribed provision of a regulation under this Act made by the Lieutenant Governor in Council or the general manager for purposes other than those referred to in paragraph (b).

For the purposes of subsection (1) (a), the provisions of the Act are as follows:

any of the following provisions of

Part 4 [General Prohibitions, Duties and Powers Respecting Lottery Schemes] :

section 39 (1) [prohibition against unauthorized conduct, management or operation of lottery scheme] ;

section 41 (1) or (2) [minors — general rules respecting provincial gaming schemes] ;

iii

section 47 [prohibition against unauthorized change to lottery scheme] ;

section 53 [restrictions on accepting amounts over buy-in limit] ;

section 58 (1) or (2) [duties in relation to self-excluded individuals] ;

vii

section 59 [prohibition against extending credit] ;

section 70 (2) [prohibitions against unauthorized gaming work] ;

any of the following provisions of

Part 10 [Enforcement] :

section 155 [demand for information by general manager] ;

section 156 (1) or (2) [duty to cooperate with general manager during audit or inspection] ;

iii

section 157 (1) [prohibition against obstructing or interfering with general manager's audit or inspection] ;

section 167 [duty to report commission of offence] .

A monetary penalty imposed for the contravention of a provision referred to in this

section must not exceed the amount specified in or determined in accordance with the regulations.

Factors to be considered before imposing monetary penalty

Before the general manager imposes a monetary penalty on a person, the general manager must consider the following:

previous enforcement actions against the person under this Act;

the gravity and magnitude of the contravention;

whether the contravention was repeated or continuous;

whether the contravention was deliberate;

any economic benefit derived by the person from the contravention;

the person's efforts to prevent and correct the contravention;

prescribed matters, if any.

Notice of monetary penalty

If the general manager imposes a monetary penalty on a person, the general manager must give the person written notice specifying the following:

the contravention;

the general manager's reasons for imposing the penalty;

the amount of the penalty;

the date by which the penalty must be paid.

A notice under subsection (1) must include the following:

a copy of each written warning that was issued to the person by the general manager in relation to the contravention;

a statement that the decision to impose the penalty may be reconsidered under

section 187 [reconsideration by general manager] .

Due date for payment of monetary penalty

A person that receives a notice under

section 163 must pay the monetary penalty to the government within 30 days after notice is given, unless there is a stay under

section 190 [stay of decision pending reconsideration] of the decision to impose the monetary penalty on the person.

Recovery of monetary penalty

A monetary penalty imposed under this Act may be recovered as a debt due to the government.

If the lottery corporation or a licensee or registrant fails to pay an amount owing to the government in respect of a monetary penalty imposed under this Act, the general manager may issue a certificate setting out the amount owed and the name of the person that owes it.

A certificate issued under subsection (2) may be filed with the Provincial Court or the Supreme Court.

A certificate filed under subsection (3) has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment of the court in favour of the government for the recovery of a debt in the amount specified in the certificate against the person named in the certificate.

Restriction on imposing monetary penalty

A monetary penalty for contravening a provision referred to in

section 159 [monetary penalties — registrants and licensees] or 161 [monetary penalties — lottery corporation] may not be imposed on a person if the person has been charged with an offence for the same contravention.

Offences

Duty to report commission of offence

The lottery corporation, a licensee or a registrant must immediately notify the general manager if the lottery corporation, licensee or registrant has reason to believe any of the following:

an offence may have been committed under this Act;

an offence relating to any of the following may have been committed under the Criminal Code :

the conduct, management or operation of a lottery scheme;

participation in a lottery scheme;

iii

horse racing.

Higher-penalty offences

A person that contravenes any of the following commits an offence:

section 23 [prohibition against unauthorized gaming development project] ;

section 39 (1) [prohibition against unauthorized conduct, management or operation of lottery scheme] ;

section 40 [prohibition against unauthorized representations respecting lottery scheme] ;

section 44 (1) [prohibition against unauthorized sale of lottery ticket to any person] ;

section 53 [restrictions on accepting amounts over buy-in limit] ;

section 55 (1) or (2) [prohibition against presenting false or misleading identification or records] ;

section 68 (1) [prohibition against unauthorized provision of gaming services] ;

section 93 (1) [prohibition against unlicensed horse racing] ;

section 155 [demand for information by general manager] ;

section 156 (2) [duty to cooperate with general manager during audit or inspection] ;

section 157 (1) [prohibition against obstructing or interfering with general manager's audit or inspection] ;

section 167 [duty to report commission of offence] ;

section 177 [prohibition against providing false or misleading information in application for licence or registration] ;

section 183 [prohibition against providing false or misleading information for purposes of background investigation] .

An individual who commits an offence under subsection (1) is liable

on a first conviction, to one or both of the following:

a fine of not more than $100 000;

imprisonment for not more than 6 months, and

on each subsequent conviction, to one or both of the following:

a fine of not more than $200 000;

imprisonment for not more than 12 months.

A person, other than an individual, that commits an offence under subsection (1) is liable

on a first conviction, to a fine of not more than $100 000, and

on each subsequent conviction, to a fine of not more than $200 000.

Lower-penalty offences

A person that contravenes any of the following commits an offence:

section 41 (1) or (2) [minors — general rules respecting provincial gaming schemes] ;

section 43 [minors — general rules respecting lottery tickets] ;

section 62 (1) or (2) [prohibitions against entering or remaining at provincial gaming facility] ;

section 65 [prohibition against participating in online gaming scheme] ;

section 68 (1) [prohibition against unauthorized provision of gaming services] ;

section 70 (1), (2) or (3) [prohibitions against unauthorized gaming work] ;

section 81 (1) [duty to provide financial statements] ;

section 91 (2) [duty of gaming event licensee to provide financial reports and statements] ;

section 94 [presence of minors at horse racing facilities] ;

section 97 (1) or (2) [prohibitions against entering or remaining at horse racing facility] ;

section 131 [prohibition against providing false or misleading information in application] ;

section 133 [prohibition against providing false or misleading information in financial statement] ;

section 141 (1) or (2) [duty to cooperate with grant manager during audit or inspection] ;

section 142 [prohibition against obstructing or interfering with grant manager's audit or inspection] .

A person that commits an offence under this

section is liable to a fine of not more than $5 000.

Offence in relation to collection and remittance of horse racing betting fee

A person that contravenes

section 115 (1), (2) or (4) [collection and remittance of fee by operator] commits an offence.

A person that commits an offence under subsection (1) is liable

on a first conviction, to a fine of not more than $500 and not less than $200, and

on each subsequent conviction, to a fine of not more than $2 000 and not less than $500.

Offences involving corporations

If a corporation commits an offence under this Act, an officer, director or agent of the corporation who authorizes, permits or acquiesces in the offence also commits an offence.

Limitation on proceedings

A person may not be charged with an offence for contravening a provision referred to in this Division if a monetary penalty under Division 3 [Monetary Penalties] of this Part has been imposed on the person in respect of the same contravention.

Section 5 of Offence Act does not apply

Section 5 of the Offence Act does not apply to this Act or the regulations.

Court order to comply

If a person is convicted of an offence under this Act, then, in addition to any punishment the court may impose, the court may order the person to comply with the provisions of this Act or the regulations under this Act made by the Lieutenant Governor in Council or the general manager.

Limitation period for commencing prosecution

The time limit for laying an information for an offence under this Act is 3 years after the date that the facts on which the information is based arose.

Evidence by certificate

If the general manager certifies as a true copy a copy of any of the following records, the certified true copy is admissible in evidence to the same extent as, and has the same evidentiary value as, the record of which it is a copy, without proof of the signature of the general manager:

a licence;

an order of the general manager;

a record or extract of a record audited or inspected under

section 150 [audit and inspection powers at places] or 155 [demand for information by general manager] ;

any other document created by or submitted to the general manager.

If the grant manager certifies as a true copy a copy of any of the following records, the certified true copy is admissible in evidence to the same extent as, and has the same evidentiary value as, the record of which it is a copy, without proof of the signature of the grant manager:

an order of the grant manager;

a record or extract of a record audited or inspected under

section 135 [demand for information by grant manager] or 138 [grant manager's audit and inspection powers at places] ;

any other record created by or submitted to the grant manager.

If the chair of the lottery corporation certifies as a true copy a copy of any of the following records, the certified true copy is admissible in evidence to th