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First Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 200

THE LOTTERIES ACCOUNTABILITY AND CONSEQUENTIAL AMENDMENTS ACT


Table of Contents Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

DEFINITIONS

Definitions

1           In this Act,

"committee" means the Lotteries Accountability Committee established under section 2; (« Comité »)

"corporation" means The Manitoba Lotteries Corporation established under The Manitoba Lotteries Corporation Act; (« Corporation »)

"lottery" means

(a) a lottery scheme conducted and managed for the government under Part I of The Manitoba Lotteries Corporation Act,

(b) a lottery scheme referred to in Part II of The Manitoba Lotteries Corporation Act, and

(c) gaming activities conducted by or on behalf of Aboriginal people, whether by agreement with the government or otherwise; (« loterie »)

"lottery scheme" means a lottery scheme within the meaning of the Criminal Code (Canada); (« système de loterie »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of The Manitoba Lotteries Corporation Act; (« ministre »)

"vendor" means a person who, or a firm or corporation other than The Manitoba Lotteries Corporation that, as principal, agent or sub-agent

(a) is engaged, employed or appointed to promote, manage or operate a lottery scheme, or

(b) sells, offers for sale, prints, publishes, distributes, makes, manufactures, supplies, leases or provides any lot, card, ticket, paper, slip, symbol, coin, device, equipment or game or any promotion or management service, or leases or provides any place, premises or accommodations, for use in or in conjunction with or in relation to or for the purposes of a lottery scheme,

conducted and managed under Part I or conducted and managed pursuant to a licence issued under the Criminal Code (Canada). (« vendeur »)

PART 2

LOTTERIES ACCOUNTABILITY COMMITTEE

Establishment of committee

2           The Lieutenant Governor in Council shall, within 60 days of the coming into force of this Act, establish a Lotteries Accountability Committee to inquire into, report on, and make recommendations with respect to lotteries as set out in section 11.

Members of committee

3           The committee shall consist of not less than seven persons, who shall be appointed by the Lieutenant Governor in Council and shall where possible include persons representing

(a) residents of both urban and rural areas;

(b) the Association of Manitoba Municipalities;

(c) Aboriginal people; and

(d) The Addictions Foundation of Manitoba.

Consultation on appointments

4           The Lieutenant Governor in Council shall consult with Manitobans who represent persons or organizations referred to in clauses 3(a) to (d) before making appointments to the committee.

Ineligible persons

5           No person who is

(a) a member of the board of the corporation;

(b) an employee of the corporation; or

(c) an employee in the civil service as defined in The Civil Service Act;

may be a member of the committee.

Chairperson

6(1)        The Lieutenant Governor in Council shall appoint one of the members of the committee to serve as chairperson.

Acting chairperson

6(2)        When the chairperson is absent from a meeting of the committee, the members present shall elect an acting chairperson from among themselves to serve during the absence of the chairperson.

Term of office

7           The term of office of each member commences on the day this Act comes into force and ends on the day the committee delivers its final report to the minister, or such later date as the minister may determine.

Member unable to complete term

8           If a member is for any reason unable to complete his or her term, the remaining members of the committee shall exercise the powers and perform the duties of the committee.

Quorum

9           A majority of the members of the committee constitute a quorum.

Voting

10          Decisions of the committee at a meeting shall be based on a majority vote of the members present at the meeting and, in the event of a tie, the chairperson shall have a second vote.

Scope of inquiry by committee

11          The committee shall inquire into, report on, and make recommendations to the minister with respect to the conduct and operation of lotteries and the economic and social costs and benefits of lotteries, including the following matters:

(a) Aboriginal gaming;

(b) video lottery terminals;

(c) the impact of lotteries on community associations, veterans' clubs, religious organizations and cultural and sports organizations;

(d) the social and economic impact of lotteries on families, and particularly on children in rural areas;

(e) the contribution of lotteries to provincial revenues and employment in Manitoba;

(f) any other matter the committee considers relevant.

Manner of conducting inquiry

12          In conducting its inquiry, the committee shall

(a) consider information and material provided by the minister and the corporation for the purposes of the inquiry;

(b) develop a consultation paper and distribute it to interested persons and groups for review and comment; and

(c) hold public hearings in accordance with this Part.

Public hearings

13(1)       The committee shall hold a minimum of 10 public hearings, of which the first shall be held within 60 days after the establishment of the committee, and

(a) at least two shall be in Winnipeg;

(b) at least three shall be at or near different Aboriginal communities; and

(c) at least five shall be elsewhere in Manitoba.

Notice of public hearings

13(2)       The committee shall give notice of a public hearing, including the date, time and place of the hearing, at least seven days before the hearing and in the area in which it is to be held.

Practice and procedure

14          The committee may determine its own practice and procedure.

Submissions

15          Where possible,

(a) a person who intends to make a submission at a public hearing shall file with the committee a written copy of the submission at least two days before the commencement of the public hearing; and

(b) a submission filed under clause (a) shall contain the following:

(i) the name, address and telephone number of the participant,

(ii) a description of the nature of the participant's interest in the inquiry, and of the issues he or she proposes to address,

(iii) a brief statement of the position of the participant on the issues referred to in subclause (ii),

(iv) a list of any documents that the participant will refer to at the public hearing and, where possible, a copy.

Inspection of submissions

16          Subject to section 17 (confidentiality), any person may, during the office hours of the committee, inspect a submission, and any document filed with or in support of a submission, and any person may obtain a copy of a submission or document from the commission.

Confidential hearing and confidential information

17          At the request of a participant, the committee may

(a) hold all or part of a hearing in private;

(b) treat as confidential any document filed by the participant with the committee, in which case the committee shall mark the document "confidential", keep it in a safe place, and return it to the participant not later than the day on which the inquiry is completed.

Power to summon witnesses

18          A participant at a public hearing may request the committee to compel the attendance of any person at the public hearing as a witness, and the committee may, by subpoena or summons, require that person to attend and give evidence under oath or affirmation, either orally or in writing, and to produce such documents and things as are necessary for a full investigation of the matters it is inquiring into.

Inspection of records

19          The books, records and accounts of the corporation shall at all reasonable times be open for inspection by members of the committee.

Power to require production of information

20          The committee may require a participant to provide any information or document and may adjourn the hearing until it receives the information or document.

Powers under The Evidence Act

21          For the purpose of carrying out their functions and duties under this Act, the members of the committee have all the powers and protection of commissioners appointed under The Manitoba Evidence Act.

Commission not bound by rules of evidence

22          Evidence may be given before the committee in any manner that the committee considers appropriate, and the committee is not bound by the rules of law respecting evidence applicable to judicial proceedings.

Interim reports

23          The committee shall provide a written report of its proceedings to the minister within 90 days after the establishment of the committee, and every 60 days thereafter.

Final report

24          Within 12 months after its establishment, the committee shall deliver its final report to the minister.

Tabling of report

25(1)       The minister shall, if the Legislative Assembly is in session, table the report in the Legislative Assembly within 14 days after it is received.

Distribution of report if Assembly not in session

25(2)       If the Legislative Assembly is not in session when the report is received by the minister, the minister shall release the report to the members of the Legislative Assembly and to the public within 14 days after receiving it.

PART 3

QUARTERLY REPORTS

Quarterly report

26(1)       The corporation shall, within 45 days after the end of every three-month period, submit to the minister a report respecting the economic and social costs and benefits of lotteries in the Province in that three-month period.

Contents of report

26(2)       The report required under subsection (1) shall include the following:

(a) an accounting of the corporation's revenues with lottery revenues according to

(i) type of lottery,

(ii) each individual facility, and

(iii) community or region;

(b) an accounting of expenditures including an itemized list with amounts of any

(i) payments to vendors and facility operators,

(ii) grants made, and

(iii) advertising and public relations expenditures;

(c) budget projections for the balance of the fiscal year;

(d) an analysis of the social impact of lotteries, particularly on children in rural areas;

(e) a description of the levels of gambling addiction in the province attributable to lotteries and treatment available.

Tabling of report

27(1)       The minister shall, if the Legislative Assembly is in session, table the report in the Legislative Assembly within 14 days after it is received.

Distribution of report if Assembly not in session

27(2)       If the Legislative Assembly is not in session when the report is received by the minister, the minister shall release the report to the members of the Legislative Assembly and to the public within 14 days after receiving it.

PART 4

CONSEQUENTIAL AMENDMENTS TO THE MANITOBA LOTTERIES CORPORATION ACT

C.C.S.M. c. L210 amended

28           The Manitoba Lotteries Corporation Act is amended by this Part.

29(1)       Subsection 8(1) is amended by striking out ", by the Provincial Auditor or an auditor or person appointed by the corporation," and substituting "by the Provincial Auditor".

29(2)       Subsection 8(3) is amended by striking out ", or the auditor or person making the audit or inspection, as the case may be,".

30(1)       Section 23 is amended by adding the following after subsection (1):

Five year business plan

23(1.1)     The corporation shall submit to the minister, at the same time as the annual report required under subsection (1) is submitted, a business plan for the corporation covering the next five fiscal years which includes the following matters:

(a) the current marketing situation of the corporation with relevant background on the lotteries market, competition, distribution and the external business environment;

(b) issues facing the corporation, including opportunities and threats, and strengths and weaknesses;

(c) goals for the corporation in the area of sales volume and profit;

(d) the marketing approach to be used to meet the corporation's objectives;

(e) programs and products proposed to meet the corporation's objectives and goals, with relevant costs;

(f) projected profit and loss statement for each fiscal year included in the business plan.

30(2)       Subsection 23(3) is amended by striking out "subsection (1)" and substituting "subsection (1) or (1.1)".

30(3)       Section 23 is amended by adding the following after subsection (3):

Distribution of report if Assembly not in session

23(3.1)     If the Legislative Assembly is not in session when a report under subsection (1) or (1.1) is submitted to the minister, the minister shall release the report to the members of the Legislative Assembly and to the public within 14 days after receiving it.

Referral of report to committee

23(3.2)     A report that is tabled in the Legislative Assembly under subsection (3) shall be referred within 30 days of being tabled to a standing committee of the Legislative Assembly.

30(4)       Subsection 23(4) is amended by striking out "subsection (1)" and substituting "subsections (1) and (1.1)".

31(1)       Subsection 25(1) is amended by striking out "an auditor, who may be the Provincial Auditor, appointed by the Lieutenant Governor in Council," and substituting "the Provincial Auditor".

31(2)       Subsection 25(2) is amended by striking out ", where the Lieutenant Governor in Council orders such an audit or investigation, he shall designate the person, who may be the Provincial Auditor, to" and substituting "the Provincial Auditor shall".

PART 5

COMING INTO FORCE

Coming into force

32          This Act comes into force on the day it receives royal assent.