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The Gaming Control and Consequential Amendments Act

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If you need an official copy, contact Statutory Publications.

S.M. 1996, c. 74

THE GAMING CONTROL AND CONSEQUENTIAL AMENDMENTS ACT


Table of Contents

(Assented to November 19, 1996)

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

PART 1

THE GAMING CONTROL COMMISSION

Definitions

1         In and for the purpose of this Act,

"amusement operator" means a person conducting and managing a lottery scheme at a public place of amusement with a prize and consideration in such amounts as comply with clause 207(1)(d) of the Criminal Code (Canada); (« exploitant de parc d'attractions »)

"application" means an application for a licence or for registration or for renewal thereof; (« demande »)

"association of persons" means an unincorporated body of persons which has a separate and distinct legal status from its members; (« association de personnes »)

"board of a fair" means the board of a fair or exhibition referred to in clause 207(1)(c) of the Criminal Code (Canada); (« conseil d'une foire »)

"body" means a body of persons which has a separate and distinct legal status from its members; (« groupement »)

"business entity" means a proprietorship, a partnership, a limited partnership, or a body corporate conducting or intending to conduct a business or undertaking in the Province, but does not include the Corporation; (« entité commerciale »)

"chairperson" means the chairperson of the Commission appointed by the Lieutenant Governor in Council under this Act; (« président »)

"Commission" means the Gaming Control Commission created by this Act; (« Commission »)

"constable" includes every officer or constable of a municipal police force, every member of the Royal Canadian Mounted Police, and every other police officer or constable; (« agent de police »)

"Corporation" means the Manitoba Lotteries Corporation constituted under The Manitoba Lotteries Corporation Act; (« Corporation »)

"document" includes a sound recording, video tape, film, photograph, chart, graph, map, plan, book of account, and information recorded or stored by means of any device; (« document »)

"Executive Director" means the Executive Director of the Commission appointed by the Lieutenant Governor in Council under this Act; (« directeur général »)

"gaming activity" means a lottery scheme referred to in clause 207(1)(b), (c), (d), or (f) of the Criminal Code (Canada); (« activité de jeu »)

"gaming device" means any automatic or electronic machine, other than a slot machine or a video lottery terminal, which allows a player, on payment of consideration, to engage same for the chance of realizing a reward; (« dispositif de jeu »)

"inspector" means an inspector appointed by the Commission under this Act and any constable; (« inspecteur »)

"licence" means a licence granted by the Commission under Part 3; (« licence »)

"licensing authority" has the meaning set forth in Part 11 hereof, which meaning is confined to that Part; (« autorité chargée de délivrer des licences »)

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

"Minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"operating authority" means a business entity or a body or association of persons to which the government has delegated its authority to conduct and manage a lottery scheme in the Province, but does not include the Corporation; (« autorité chargée de conduire et d'administrer une loterie »)

"patron" means any individual who plays a lottery scheme being conducted and managed under this Act; (« patron »)

"principal" means:

(a)  in the case of a corporation, its directors and officers,

(b) in the case of a partnership, all partners,

(c) in the case of a limited partnership, the individual general partner or the directors and officers of a corporate general partner or the partners of a partnership general partner,

(d) in the case of a body or association of persons, those persons who are conducting and managing its affairs; (« dirigeants »)

"race track" has the same meaning as in The Horse Racing Commission Act; (« piste de course »)

"residence" means:

(a) a building or part of a building that is actually occupied and used by the owner, lessee or tenant solely as a private dwelling or a guest room in a hotel, boarding house or in a club,

(b) a house trailer or tent that is actually occupied by the owner, leasee or tenant solely as a private dwelling,

(c) a motor home, while parked at other than a highway that is actually occupied and used by the owner, leasee or tenant thereof solely as a private dwelling, or

(d) a boat moored at a stationary dock that is actually occupied and used by the owner, leasee or tenant thereof solely as a private dwelling,

together with the lands appurtenant thereto, if any, that are essential or appropriate for the convenient use, occupation and enjoyment thereof as a private dwelling; (« résidence »)

"siteholder" means a business entity or a body or an association of persons which has contracted with the Corporation to be its agent in the conduct and management of a lottery scheme by the placement of video lottery terminals in its premises; (« exploitant de site »)

"siteholder agreement" means a contract between a siteholder and the Corporation whereby the siteholder is appointed as an agent of the Corporation; (« accord d'exploitation de site »)

"slot machine" means any automatic or electronic machine which accepts currency as consideration to allow a player to engage same for the chance of realizing a reward dispensed in currency; (« appareil à sous »)

"supplier" means a business entity or a body or an association of persons, wherever located, which:

(a) sells, gives, loans, exchanges or consigns tangible personal property to a licence holder, the Corporation or another operating authority, whether or not the personal property is related to the conduct and management of a lottery scheme,

(b) sells, gives or exchanges services to a licence holder, the Corporation or another operating authority, whether or not the services are related to the conduct and management of a lottery scheme, but does not include a supplier of professional services where the profession is self-regulating pursuant to any Act of the Province,

where the total annual value of the tangible personal property or services supplied exceeds an annual threshold amount as may be prescribed by regulation; (« fournisseur »)

"technical integrity" means that a lottery scheme shall perform or is performing in a manner such that the lottery scheme is fair, honest, secure, safe, and auditable by reason of the following:

(a) its design and concept,

(b) the steps taken in the manufacture, supply, delivery, installation and maintenance of the physical components of the lottery scheme,

(c) compliance with the standards established by regulation hereto,

(d) the prize structure conforms with minimum requirements as to payouts as prescribed by regulation; (« intégrité technique »)

"video lottery terminal" means any automatic or electronic machine, situate on premises other than a racetrack and other than premises dedicated to gaming activity owned or occupied by the Corporation, which allows a player, on the payment of consideration in currency or credits to engage same for the chance of realizing a reward in credits. (« appareil de loterie vidéo »)

Intent and purpose

2          The intent and purpose of this Act is to create an independent Commission to regulate and control gaming activity in the Province with the aims of ensuring that gaming activity is conducted honestly, with integrity and in the public interest.

The Gaming Control Commission

3(1)      There shall be a Gaming Control Commission with a minimum of five members and a maximum of seven members appointed by the Lieutenant Governor in Council for such terms and remuneration as may be specified on appointment.

Chairperson

3(2)      The Lieutenant Governor in Council shall designate one of the members appointed pursuant to subsection (1) as chairperson and may designate a second of the members appointed pursuant to subsection (1) as vice-chairperson.

Duties of the Commission

4         The Commission shall have the following duties:

(a) at the request of the Minister, to provide advice and recommendations as to gaming activity;

(b) at the request of the Minister, to conduct public meetings or hearings for the purpose of clause (a);

(c) to conduct independent or joint research projects;

(d) at the request of the Lieutenant Governor in Council, to conduct public inquiries into matters of gaming activity;

(e) to issue policy directives as to the administration of this Act and the regulations;

(f) to perform a licensing function;

(g) to perform a registration function;

(h) to perform a dispute resolution function;

(i) to inspect or audit gaming activity as it deems necessary;

(j) to ensure the technical integrity of lottery schemes;

(k) to monitor and enforce compliance with this Act;

(l) to fulfill such further and other duties assigned to it under this Act or any other Act.

Annual reports

5(1)      The Commission shall prepare and submit an annual report to the Minister on matters dealt with during the immediately preceding year as to policy, the conduct of public meetings and hearings, registration and licensing activities, monitoring and enforcement, the conduct of public inquiries and such further and other matters as the Minister may request.

Tabling of annual report

5(2)      Upon receipt of the report pursuant to subsection (1), the Minister shall, if the Legislature is then in session, lay it before the Legislature within fourteen days after being submitted, and if the Legislature is not then in session, the report shall be tabled not more than fourteen days after the opening of the next ensuing session.

Executive Director

6(1)      The Lieutenant Governor in Council shall appoint the Executive Director of the Commission.

Duties of the Executive Director

6(2)      The Executive Director is responsible for:

(a) the general day-to-day administration of the Commission's affairs in accordance with the Commission's policy directives;

(b) exercising the powers and performing the duties of the Executive Director specified under this Act.

Accountability of the Executive Director

6(3)      The Executive Director shall be accountable to the Commission.

Power to delegate

6(4)      Where the Executive Director is given powers and assigned duties under this Act as to registration, interim suspension of registrations and preliminary review of questions and disputes, the Executive Director may authorize one or more employees of the Commission to exercise that power or perform that duty.

Conditions of delegation

6(5)      On delegating a power or duty under subsection (4) the Executive Director may impose conditions on the delegation.

Authority of employee

6(6)      An employee delegated powers or duties under this section shall be deemed authorized to exercise those powers or perform those duties subject to whatever conditions are imposed.

PART 2

RESEARCH AND PUBLIC CONSULTATION

Research powers

7         In the performance of its duties the Commission may:

(a) institute and direct research as it considers necessary including studies into the social and economic impacts of gaming activity;

(b) undertake any study pursuant to its duties as a joint project of the Commission and the Addictions Foundation of Manitoba or any other body with a view to providing advice and counsel to the Minister.

Public meetings or hearings

8(1)      Subject to subsections (2) to (6), the Commission shall conduct a public meeting or hearing as and when the Minister deems it expedient to gain advice and recommendations and the Commission shall conduct such public meeting or hearing in accordance with such procedures as may be prescribed by regulation.

Notice of hearing

8(2)       The Commission shall, by advertisement in such newspaper or other media as the Commission sees fit, advertise its intention to hold such a public meeting or hearing and the date, time and location of such meeting or hearing .

Commission to present recommendations to Minister

8(3)      On completion of a public meeting or hearing pursuant to subsection (1), the Commission shall forward a report to the Minister containing its advice and recommendations.

Commission may add members

8(4)      For the purpose of conducting certain specific meetings or hearings, the Commission with the approval of the Lieutenant Governor in Council may add qualified persons to the Commission to assist and advise the Commission in conducting the meetings or hearings; and the persons so added shall have all of the powers of the members of the Commission with respect to those meetings or hearings.

Three members required

8(5)      Notwithstanding subsection (4), the Commission shall not hold a hearing unless a hearing panel of at least three members are present, and, whatever the number, if higher, a majority of whom are members of the Commission.

Recording of evidence

8(6)      Where a hearing is being conducted by the Commission, it may require that the evidence be transcribed.

Public inquiries

9(1)      As and when the Lieutenant Governor in Council deems a matter of gaming activity to be of sufficient public importance to justify a public inquiry the Lieutenant Governor in Council may appoint the Commission or such members of the Commission as the Lieutenant Governor in Council considers appropriate to conduct such a public inquiry.

Powers on public inquiry

9(2)      Subject to subsection (3) for the purposes of carrying out its duties and functions as to such a public inquiry, the Commission or such members of the Commission as should be appointed pursuant to subsection (1) have the like protection and powers and are subject to the like requirements, as are conferred on, or required of commissioners appointed under Part V of The Manitoba Evidence Act.

Non-application of section 86 of Evidence Act

9(3)      Section 86 of The Manitoba Evidence Act does not apply to a public inquiry conducted pursuant to this section.

Report on inquiry

9(4)      On completion of the public inquiry the Commission or such members of the Commission as should be appointed pursuant to subsection (1) shall forward a report to the Lieutenant Governor in Council.

PART 3

LICENSING

Licensing requirement

10(1)     Where pursuant to the provisions of the Criminal Code (Canada) the Lieutenant Governor in Council specifies and designates the Commission as an authority for the issuance of licences for the conduct and management of lottery schemes in the Province:

(a) each charitable or religious organization;

(b) each board of a fair;

(c) each amusement operator;

desirous of a licence shall require approval and licensing by the Commission.

Licence application

10(2)     The religious or charitable organization or board of a fair or amusement operator shall apply for approval and licensing of each lottery scheme it wishes to conduct and manage.

Request for information

10(3)     The Executive Director may make such inquiries and conduct such investigations into the attributes and eligibility of the applicant as he or she deems necessary to determine whether the applicant meets the criteria of this Act and the regulations.

Role of Executive Director

10(4)     The Commission may exercise its authority under subsection (1) such that the Executive Director shall determine all applications received by the Commission in the first instance.

Directives as to criteria

10(5)     The Commission shall establish policy directives as to the eligibility criteria upon which all applications shall be determined.

Charitable or religious organizations

10(6)     In the event that the applicant is a charitable or religious organization, the Executive Director shall also require satisfaction as to the use to which the net proceeds of the lottery scheme will be applied, the financial plan of the applicant, and the appropriateness of the event in connection with which the lottery scheme will be conducted and managed.

Appeals

11        Any applicant dissatisfied with a determination under subsection 10(4) may appeal to the Commission by way of hearing to be conducted under Part 7 hereof.

Suspension with notice

12(1)     The Commission may, with notice and after a hearing conducted in accordance with Part 7 hereof, modify, suspend or cancel a licence for breach of a term or condition of a licence or for such other cause as it considers justifiable.

Suspension without notice

12(2)     Notwithstanding subsection (1), the Executive Director may, having regard to the gravity or urgency of the circumstances, suspend a licence without notice and, in the event that such a step is taken, shall immediately advise the chairperson thereof.

Power of Executive Director

12(3)     The power of the Executive Director to suspend a licence under subsection (2) shall be valid notwithstanding that the approval was initially granted by the Commission.

Period of suspension

12(4)     A suspension under subsection (2) shall be for a period of one week.

Scheduling of hearing

12(5)     Immediately on being advised as to a suspension by the Executive Director pursuant to subsection (2) the chairperson shall take steps to schedule a hearing by the Commission within the one week period.

Further information

13        In the event that at any time during the term of a licence a matter or event arises which the licence holder can reasonably assume would be consequential to the Commission, the licence holder shall forthwith communicate such information to the Executive Director.

PART 4

REGISTRATION

Applications by business entities, bodies or associations of persons

14(1)     A business entity or a body or an association of persons desirous of conducting business with the Corporation or with a licence holder as a supplier shall apply to the Commission for approval and registration.

Request for information

14(2)     The Executive Director may make such inquiries and conduct such investigations as he or she considers necessary into the character and financial history of any applicant business entity, body or association of persons, including any principals thereof.

Applications by individuals

14(3)     Any individual desirous of being employed by the Corporation and whom the Corporation desires to employ shall apply to the Commission for registration.

Request for information

14(4)     The Executive Director may make such inquiries and conduct such investigations as he or she considers necessary into the character and financial condition of any applicant individual.

Costs of investigations

14(5)     The Commission, as it sees fit, may require the applicant business entity, body or association of persons or the applicant individual or the Corporation or a licence holder, as the case may be, to pay the reasonable costs of conducting the inquiries or investigations under this section.

Information to be provided

14(6)     The Executive Director may require information and material from any applicant business entity or body or association of persons or applicant individual under this section and may request information or material from any person whom the Executive Director has reason to believe can provide information relevant to the inquiries or investigation.

Verification of information

14(7)     The Executive Director may require that any information provided under subsection (6) be verified by statutory declaration.

Application of Freedom of Information Act

14(8)     Notwithstanding section 41 of The Freedom of Information Act the head of an institution or department within the meaning of that Act shall disclose to the Executive Director information requested under subsection (6).

Registration power

15(1)     The Executive Director shall determine an application in accordance with subsection (2) or (3) and may thereupon:

(a) reject the application; or

(b) register the business entity or the body or association of persons or the individual and prescribe the terms and conditions related to the registration.

Eligibility of business entity, body or association of persons

15(2)     The Executive Director shall effect the registration of a business entity or a body or an association of persons only where he or she is satisfied as to the attributes of that business entity or body or association of persons in meeting the criteria of honesty, integrity and financial soundness.

Eligibility of individuals

15(3)     The Executive Director shall effect the registration of an individual only where he or she is satisfied as to the attributes of the individual in meeting the criteria of honesty and integrity.

Appeals

16         Where an applicant business entity or body or association of persons or applicant individual is dissatisfied with the determination of the Executive Director under subsection 15(1) the dissatisfied party may appeal to the Commission by way or a hearing to be conducted in accordance with Part 7 hereof.

Further information

17        In the event that at any time during the term of a registration a matter or event arises which the Corporation or a licence holder or a registrant can reasonably assume would be consequential to the Commission, that party shall forthwith communicate such information to the Executive Director.

Registration of video lottery terminals

18(1)     Where a lottery scheme is being conducted and managed by the government through the Corporation by operation of video lottery terminals, the Corporation shall register each video lottery terminal with the Commission.

Registration of slot machines

18(2)     Where a lottery scheme is being conducted and managed by the government through the Corporation by operation of slot machines, the Corporation shall register each slot machine with the Commission.

Registration of gaming devices

18(3)     Where a lottery scheme is being conducted and managed by the government through the Corporation by operation of gaming devices, the Corporation shall register each gaming device with the Commission.

Registration requirement

19        No business entity shall accept an appointment as a siteholder unless registration of the siteholder agreement has issued in accordance with this Part.

Registration of siteholder agreements

20(1)     Where the Corporation is desirous of conducting and managing a lottery scheme at a site other than premises owned or occupied by the Corporation it shall apply to the Commission for approval and registration of the proposed siteholder agreement.

Request for information

20(2)     The Executive Director may make such inquiries and conduct such investigations as he or she considers necessary into the design configuration and geographic location of the proposed site.

Costs of investigation

20(3)     The Commission may require the Corporation to pay the reasonable cost of conducting inquiries or investigations into an application under this section.

Registration power

21        The Executive Director shall determine an application in accordance with section 22 and may:

(a) reject the application; or

(b) register the siteholder agreement and prescribe the terms and conditions of the registration.

Eligibility

22        The Executive Director shall effect the registration of the siteholder agreement only where he or she is satisfied as to the characteristics of the intended site as being in accord with the public interest.

Appeals

23        Where the Corporation is dissatisfied with the determination of the Executive Director under section 21 it may appeal to the Commission by way of a hearing conducted in accordance with Part 7 hereof.

Suspension with notice

24(1)     The Commission may, with notice and after a hearing conducted in accordance with Part 7 hereof, modify, suspend or cancel a registration for breach of a term or condition of registration under this Part or for such other cause as it considers justifiable.

Suspension without notice

24(2)     Notwithstanding subsection (1), the Executive Director may, having regard to the gravity or urgency of the circumstances, suspend a registration and shall in the event such step is taken immediately advise the chairperson thereof.

Power of Executive Director

24(3)     The power of the Executive Director to suspend a registration under subsection (2) shall be valid notwithstanding that the approval was initially granted by the Commission.

Period of suspension

24(4)     A suspension under subsection (2) shall be for a period of one week.

Scheduling of hearing

24(5)     Immediately on being advised as to a suspension by the Executive Director pursuant to subsection (2) the chairperson shall take steps to schedule a hearing by the Commission within the one week period.

Further information

25        In the event that at any time during the term of the registration a matter or event arises which the siteholder or the Corporation can reasonably assume would be consequential to the Commission that party shall forthwith communicate such information to the Executive Director.

Access to registries

26(1)     The Commission shall maintain registries in accordance with this Part.

Confidentiality of registries

26(2)     The Commission shall determine the scope of confidentiality of the registries maintained by the Commission under subsection (1).

PART 5

TECHNICAL COMPLIANCE

Technical integrity standards

27        The Commission shall establish its requirements as to technical integrity by regulation.

Technical integrity by Corporation

28(1)     The Corporation shall conduct and manage only such lottery schemes as have technical integrity.

Technical integrity of licensed lottery schemes

28(2)     Licence holders shall conduct and manage only such lottery schemes as have technical integrity.

Applications

29(1)     The Corporation or any licence holder shall apply for approval as to the technical integrity of any lottery scheme it intends to introduce into gaming activity.

Meaning of "introduce"

29(2)     For the purposes of this section the word "introduce":

(a) shall mean the utilization of a lottery scheme not previously approved by the Commission under this Part;

(b) shall mean the modification of a lottery scheme such that the nature of the scheme is materially altered;

(c) shall not mean the continuation of a lottery scheme being conducted and managed at the time of this Act coming into force.

Information to be provided

29(3)     The Executive Director may require information and material from the Corporation or applicant licence holder under this section and may request information or material from any person whom the Executive Director has reason to believe can provide information relevant to the application.

Verification of information

29(4)     The Executive Director may require that any information provided under subsection (3) be verified by statutory declaration.

Power to approve

30        The Executive Director shall determine an application in accordance with section 31 and may thereupon:

(a) refuse approval;

(b) give approval subject to such terms and conditions as the Executive Director considers appropriate.

Criteria on approval

31        The Executive Director shall grant approval as to the technical integrity of a lottery scheme only where he or she is satisfied as to its compliance with requirements as to technical integrity and, where the Executive Director is not satisfied as to its compliance therewith, shall identify the lack of compliance and the manner in which same could be rectified.

Appeals

32        Where the Corporation or licence holder is dissatisfied with the determination of the Executive Director under section 30, the dissatisfied party may appeal to the Commission by way of hearing to be conducted in accordance with Part 7 hereof.

Suspension with notice

33(1)     The Commission may, with notice and after a hearing conducted in accordance with Part 7 hereof, withdraw the approval for breach of a term or condition of that approval or for other cause as it considers justifiable.

Suspension without notice

33(2)     Notwithstanding subsection (1), the Executive Director may, having regard to the gravity or urgency of the circumstances, withdraw an approval without notice and, in the event that such step is taken, shall immediately advise the chairperson thereof.

Power of Executive Director

33(3)     The power of the Executive Director to withdraw approval under subsection (2) shall be valid notwithstanding that the approval was initially granted by the Commission.

Period of suspension

33(4)     A withdrawal under subsection (2) shall be for a period of one week.

Scheduling of hearing

33(5)     Immediately on being advised as to a withdrawal by the Executive Director pursuant to subsection (2) the chairperson shall take steps to schedule a hearing by the Commission within the one week period.

Further information

34        In the event that at any time following the approval a matter or event arises which the Corporation or the licence holder can reasonably assume would be consequential to the Commission, the Corporation or the licence holder, as the case may be, shall forthwith communicate such information to the Commission.

PART 6

DISPUTE RESOLUTION

Question or dispute by patron

35        Where a patron considers that he or she has been adversely affected by an irregularity in the conduct and management of a lottery scheme, the question or dispute may be referred to the Commission and the patron may request that the Commission make an order in the matter.

Question or dispute by supplier

36(1)     Where a supplier considers that he, she or it has been adversely affected by the Corporation's or a licence holder's requirements as to a supply incidental to the conduct and management of a lottery scheme, the question or dispute may be referred to the Commission and the supplier may request that the Commission make an order in the matter.

Definition of supplier in this Part

36(2)     For the purposes of subsection (1) a "supplier" shall be interpreted:

(a) to include a business entity or a body or an association of persons desirous of conducting business with the Corporation;

(b) without reference to any annual threshold amount as to the total annual value of tangible personal property or services supplied.

Power of Executive Director

37        The Commission may authorize the Executive Director to review all or certain questions or disputes under sections 35 and 36 and to decline a reference to the Commission by reason that the question or dispute is frivolous or vexatious or is beyond the jurisdiction of the Commission.

Hearings on referral

38        Where a dispute or question is referred to the Commission it may conduct a hearing.

PART 7

HEARINGS

Hearings

39        Subject to this Part, any hearing to be conducted pursuant to Parts 3, 4, 5, and 6 shall be conducted in accordance with such procedures as may be prescribed by regulation.

Panels

40(1)     The chairperson may designate any two or more members of the Commission to sit as a panel of the Commission on any hearing.

Chairperson on panel

40(2)     A panel designated under subsection (1) may include the chairperson.

Quorum of panel

40(3)     A quorum of a panel of the Commission shall consist of two members of the Commission.

Power of panel

40(4)     A panel of the Commission may exercise and perform all powers of the Commission under this Act or any other Act of the Legislature.

Hearings to be public

41(1)     Except as otherwise provided in subsection (2), a hearing shall be held in public.

Order of exclusion

41(2)     At the request of any party or any witness, the Commission may depart from the principle that it is desirable that hearings be open to the public and make an order of exclusion of the public from either all or part of the hearing in accordance with this section.

Criteria for exclusion

41(3)     The Commission shall not make an order excluding the public from all or part of a hearing under the preceding subsections unless it is satisfied it should do so by reference to the following:

(a) the personal information which would be disclosed as to a party or witness;

(b) the financial information which would be disclosed as to a party or witness;

(c) the implications as to other proceedings, criminal or civil;

(d) the prospect of retribution;

(e) the technical integrity of a lottery scheme;

(f) matters of security and surveillance;

(g) the public interest.

Procedure on hearing

42         The Commission may for the purposes of a hearing under this Part:

(a) summon and enforce the attendance of witnesses;

(b) require the production of documents and physical items;

(c) administer oaths and affirmations;

(d) receive and accept such evidence as in its discretion the Commission sees fit whether admissible in a Court of law or not;

(e) adjourn or postpone the hearing from time to time;

(f) require the Executive Director to provide written reasons for any determination of the Executive Director which is under appeal; and

(g) determine the procedures to be used at a hearing.

Powers on hearing

43        On completion of a hearing under Parts 3, 4 and 5 the Commission shall make such disposition or combination of dispositions as it sees fit as follows:

(a) uphold the denial of an application for a licence or registration;

(b) uphold or modify the terms and conditions imposed by the Executive Director on an application for a licence or registration being allowed;

(c) reverse the determination of the Executive Director and grant an application for a licence or registration on such terms and conditions as it considers fit;

(d) uphold the suspension of the licence or registration;

(e) convert the suspension of a licence or registration into the cancellation thereof;

(f) suspend a licence or registration for such period as it considers fit;

(g) cancel a licence or registration;

(h) impose a fine not to exceed $100,000.

Power to make order

44        On a hearing under Part 6 the Commission may make such order as it considers just as to the conduct and management of any lottery scheme and as to the payment of such sums as it considers appropriate.

Binding effect

45(1)     Subject to subsection (2), every determination or order made by the Commission is final and binding on all parties concerned.

Judicial review

45(2)     Any party affected by a determination or an order of the Commission may apply to the Court of Queen's Bench for a review thereof solely on the grounds that the Commission committed an error of jurisdiction with respect to its determination or order, that there was a breach of the principle of natural justice or the principle of fairness during the hearing or that there is an error of law on the face of the determination or order made.

PART 8

MONITORING AND ENFORCEMENT

Appointment of inspectors

46(1)     The Commission may appoint any person as an inspector for the purposes of this Act.

Constable as inspector

46(2)     A constable shall be deemed to be an inspector for the purposes of this Act.

Certificate to be produced

46(3)     Each inspector, other than a constable, is to be provided with a certificate of appointment and, on entering any place under this Act, an inspector shall show the certificate to the person in charge of the place if the person requests proof of the appointment.

Inspector's duties

47        An inspector shall monitor compliance with this Act as to terms and conditions of licences and registrations and as to compliance with requirements of technical integrity.

No obstruction

48(1)     No person shall obstruct or hinder, or make a false or misleading statement to an inspector who is carrying out his or her duties or functions under this Act.

Assistance to inspector

48(2)     The owner or person in charge of a place referred to in subsection 49(1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out his or her duties and shall furnish the inspector with any information the inspector should reasonably require.

Entry and inspection

49(1)     An inspector may, at any reasonable time and where reasonably required to determine compliance with this Act,

(a) enter and inspect any building, vehicle or other place in which the inspector believes on reasonable grounds there is any document or physical item in respect of which this Act applies;

(b) require any person to produce for inspection for copying any document that the inspector believes on reasonable grounds contains information relevant to the administration of this Act;

(c) examine any equipment or other physical item and conduct any tests or analyses the inspector considers reasonably necessary.

Operation of data processing and copying equipment

49(2)     In carrying out an inspection at any place under this section an inspector may:

(a) access a data processing system at the place to examine any data contained in or available to the system;

(b) reproduce any document from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and

(c) access any copying equipment at the place to make copies of any document.

Documents

49(3)     An inspector may remove any document that he or she is entitled to examine or copy or otherwise reproduce but shall give a receipt to the person from whom it was taken and shall promptly return it on the completion of the examination.

Warrant to enter a residence

50(1)     An inspector may not enter a residence except with the consent of the occupant or under the authority of an warrant.

Authority to issue a warrant

50(2)     A justice who is satisfied by information on oath that:

(a) the conditions for entry described in subsection 49(1) exist in relation to a residence;

(b) entry to the residence is necessary for a purpose relating to the administration of this Act; and

(c) entry to the residence has been refused or there are reasonable grounds to believe that entry will be refused;

may at any time issue a warrant authorizing the inspector and any other person named in the warrant to enter the residence, subject to any conditions that may be specified in the warrant.

Warrant to search and seize

51(1)     A justice who is satisfied by information on oath that there are reasonable grounds to believe that:

(a) an offence under this Act has been committed;

(b) there is to be found in any building, vehicle or other place any document or physical item that will afford evidence in respect of the commission of an offence;

may at any time issue a warrant authorizing an inspector and any other person named in the warrant to enter and search the place for the document or physical item, and to seize and detain it.

Use of force

51(2)     An inspector and any other person named in the warrant may use whatever reasonable force is necessary to execute the warrant and may call on a constable for assistance in executing it.

Search and seizure power

51(3)     An inspector who executes a warrant may seize and detain, in addition to any document or physical item mentioned in the warrant, any document or physical item which the inspector believes on reasonable grounds is being used to commit an offence or which is evidence of an offence.

Where warrant not necessary

51(4)      An inspector may exercise any of the powers mentioned in this section without a warrant if the conditions for obtaining a warrant exist but, because of exigent circumstances, it would not be practical to obtain a warrant.

PART 9

OFFENCES

Offences by the Corporation

52(1)     Where a lottery scheme is being conducted and managed by the government through the Corporation, either alone or in conjunction with the government of a province other than Manitoba, the Corporation shall be guilty of an offence where it:

(a) knowingly purchases, acquires or receives tangible personal property or services from a business entity or a body or an association of persons where registration has not issued to that business entity or body or association of persons under this Act;

(b) knowingly employs any individual where registration has not issued to the individual under this Act;

(c) knowingly binds itself to an agreement with a siteholder where registration of said agreement has not issued under this Act;

(d) knowingly operates any slot machine, video lottery terminal or other gaming device where registration of the slot machine, video lottery terminal, or other gaming device has not issued under this Act.

Offence to act as supplier

52(2)     A business entity or a body or an association of persons shall be guilty of an offence if it acts as a supplier when it is not a registrant under this Act.

Offence to be employed

52(3)     An individual shall be guilty of an offence if he or she accepts employment with the Corporation when he or she is not a registrant under this Act.

Offences

52(4)     Every individual or business entity or body or association of persons is guilty of an offence where he or she or it:

(a) knowingly furnishes false information in an application under this Act;

(b) knowingly furnishes false information in any statement or return required to be filed under the regulations;

(c) obstructs or hinders an inspector under subsection 48(1);

(d) fails to give reasonable assistance to an inspector under subsection 48(2);

(e) fails to produce for inspection or copying a document under subsection 49(1) hereof;

(f) fails to communicate information to the Executive Director under section 13, 17, 25 or 34 hereof;

(g) fails to comply with a request by the Executive Director for information and material under subsection 10(3), 14(2), 14(4), 14(6), 20(2) or 29(3) hereof;

(h) fails to comply with any order of the Commission.

Fine in case of offence by Corporation

53(1)     If the Corporation is found guilty of an offence under subsection 52(1) it shall be liable to a fine of not more than $250,000.

Fine in case of offence by others

53(2)     Every individual, business entity or body or association of persons found guilty of an offence under section 52 shall be liable to a fine of not more than $250,000.

Liability of principals

53(3)     Where the Corporation or a business entity or body or association of persons is found guilty of an offence under section 52, every principal of the Corporation or of such business entity or body or association of persons who knowingly authorized, permitted, or acquiesced in such offence is also guilty of an offence and liable to a fine of not more than $250,000.

PART 10

ADMINISTRATION, FINANCE AND PROPERTY

Employment of staff

54(1)     The Commission may employ such persons as it considers necessary to carry out its operations under and to administer the Act.

Applicability of certain Acts

54(2)     The Civil Service Act does not apply to the employees of the Commission and The Civil Service Superannuation Act applies only to such employees of the Commission as, pursuant to a direction of the Lieutenant Governor in Council under that Act, are deemed to be in the civil service for the purpose of The Civil Service Superannuation Act.

Banking

55(1)     The Commission may establish and maintain accounts in its own name with a bank, trust company, credit union or other similar financial institution.

General fund

55(2)     The Commission shall establish and maintain a general fund to be held in the Consolidated Fund, in trust, or its own account established under subsection (1), as the Minister of Finance considers advisable.

Deposit of monies

55(3)     Notwithstanding The Financial Administration Act, the Executive Director shall deposit into the fund established under subsection (2) the revenue that the Commission realizes from the payment of fees and costs recovered under this Act or the regulations, as well as any advances or payments received from the Consolidated Fund under subsections (5) and (6).

Operating expenses

55(4)     The Commission shall pay its operating expenses out of the fund established under subsection (2) including, but not limited to, the wages and salaries of employees, the remuneration and expenses of the members of the Commission and the costs of conducting investigations and inspections under this Act.

Advances for working capital

55(5)     The Minister of Finance with the approval of the Lieutenant Governor in Council may advance to the Commission from and out of the Consolidated Fund such sums as may be required by the Commission for working capital, subject to such terms and conditions as the Lieutenant Governor in Council may prescribe.

Payment of advances

55(6)     Amounts provided to the Commission as working capital shall be deposited to the fund established under subsection (2).

Investments

55(7)     Subject to the approval of the Minister of Finance, the Commission may pay to the Minister of Finance, for investment on behalf of the Commission, such additional money as is available for that purpose and which is not immediately required for the purposes of the Commission.

Investments held in trust

55(8)     Money paid to the Minister of Finance for investment under subsection (7) shall be held in trust and the interest earnings shall be credited to the account of the Commission in the Consolidated Fund, and such earnings, either alone or with the principal sum invested for the Commission , or any part of same, shall be paid to the Commission by the Minister of Finance at the request of the Commission.

Fiscal year

55(9)     The fiscal year of the Commission shall be the period prescribed by the Minister.

Records and accounts

55(10)    The Commission shall keep such financial and other records and accounts of its operations as the Minister of Finance may direct.

Annual budget

55(11)    The Commission shall prepare an annual budget before the beginning of each fiscal year and shall submit its annual budget to the Minister of Finance for approval in the form and at the time specified by the Minister of Finance.

Auditor

55(12)    The financial records and accounts of the Commission shall be audited annually by an auditor, who may be the Provincial Auditor, appointed by the Lieutenant Governor in Council, and the cost of such audit shall be paid by the Commission.

Disposition of surplus money

55(13)    The Commission shall, upon the direction of the Minister of Finance, transfer to a revenue account in the Consolidated Fund as general revenue of the government any money that is surplus money of the Commission and is not required for the purposes of the Commission.

Separate premises

56(1)     The Commission shall conduct its affairs at premises independent of the premises of the Corporation.

Powers of Commission respecting property

56(2)     Subject to the approval of the Minister, the Commission may:

(a) purchase, lease or receive as a gift or otherwise any real or personal property that it considers necessary for the efficient operation of the Commission;

(b) sell, lease, or otherwise dispose of any real or personal property that it considers to be no longer necessary for the efficient operation of the Commission.

PART 11

SPECIFIED LICENSING AUTHORITIES

Definition of "licensing authority"

57(1)     In this Part, "licensing authority" shall mean a municipality or a body or an association of persons specified in the manner required by clause 207(1)(b) of the Criminal Code (Canada) to issue licences to charitable or religious organizations for the purposes and with the objects set out therein, but shall not include the Commission.

Existing agreements with licensing authorities

57(2)     Wherever there exists an agreement between the government and a licensing authority and such agreement contains a provision incorporating the terms and conditions of a licence granted by the Corporation as a model for the licences to be granted by the licensing authority, the reference to the Corporation shall be construed to refer to the Commission.

Power of Commission

57(3)     The Commission shall be empowered to monitor the effectiveness of the functioning and regulatory activity of the licensing authorities and to communicate its observations and findings to the Minister.

PART 12

GENERAL

Application to operating authorities

58        The provisions of this Act shall apply to an operating authority as if it were the Corporation with such modifications as the context should require by reason of the operating authority not being a statutory corporation.

Regulations by Lieutenant Governor in Council

59        The Lieutenant Governor in Council may make regulations respecting any matter the Lieutenant Governor in Council deems necessary or advisable to effectively carry out the intent and purposes of this Act, including, but not limited to:

(a) any restrictions as to the age of persons participating in gaming activity or entering premises where a gaming activity is taking place;

(b) any guidelines as to representative knowledge and background of persons appointed to the Commission;

(c) the establishment of regions of the Province from which a specified number of members of the Commission must be appointed;

(d) the term of the chairperson, vice-chairperson, if any, and the other members of the Commission;

(e) the remuneration to be paid and expense allowances to be granted to the members of the Commission;

(f) prescribing application procedures and terms and conditions of licences issued to charitable or religious organizations by municipalities.

Regulations by Commission

60        The Commission may make regulations respecting any matter for carrying out the better administration of this Act, including, but not limited to:

(a) the establishment of rules of procedure for hearings, including, without limitation, notice requirements, scheduling requirements, requirements as to forms , the granting of standing to any party, the payment of witness fees, the recording of the hearing, the rendering and publication of written reasons and the awarding of costs;

(b) the prescribing of requirements respecting applications for licences or for registrations and providing for the expiry of licences and registrations;

(c) the governing of the furnishing of information to the Commission by an applicant for a licence or an applicant for registration;

(d) the prescribing of fees payable to the Commission, including, without limitation, fees for filing, fees for applications, fees for licences, fees for registration, fees for hearings, fees in respect of inspections, and other fees in connection with the administration of this Act;

(e) the prescribing of forms for use under this Act;

(f) the prescribing of forms for certificates of appointment to be issued to inspectors;

(g) the prescribing of rules of procedure on inspections;

(h) the prescribing of terms and conditions to be contained in licences issued by the Commission or other body or association of persons appointed by the Lieutenant Governor in Council;

(i) the prescribing of the information to be required in any notice of suspension or cancellation;

(j) the design, location, construction, alteration, or maintenance of premises identified in a siteholders agreement;

(k) the prescribing of standards of technical integrity for lottery schemes;

(l) the prescribing of requirements for the provision of security by any supplier applicant and for the forfeiture of the security and the disposition of the proceeds;

(m) the prescribing of a threshold amount as to the registration of a supplier under this Act;

(n) the prescribing of requirements as to the keeping of books, accounts and other documents;

(o) the entitlement by the Commission to suspend or cancel a licence by reason of a material change in the composition of the persons conducting and managing the affairs of the licence holder;

(p) the entitlement by the Commission to suspend or cancel a registration by reason of a material change in the principals or ownership of the business entity or the principals of the body or association of persons;

(q) prescribing the terms and conditions of deemed registrations under sections 73 and 74 hereof;

(r) prescribing the time period for application for renewal of deemed licences and registrations under section 75 hereof.

Members to make declaration

61(1)     All members of the Commission shall, within thirty days of being appointed by the Lieutenant Governor in Council, file with the Executive Director a written declaration of any interests the member may have in any licence holder, supplier or siteholder under this Act.

Supplementary declaration

61(2)     If a member of the Commission should acquire or dispose of any interest in any licence holder, supplier or siteholder under this Act, that member shall file a further declaration with the Executive Director within thirty days of the acquisition or disposition.

Conflict of interest

61(3)     No member of the Commission shall hear or participate in a proceeding concerning any matter in which that member:

(a) has an interest;

(b) has, within six months prior to the date upon which the matter came before the Commission, disposed of his or her interest;

(c) has, within six months prior to the date upon which the matter came before the Commission, acted as solicitor, counsel or agent for any party to the matter.

Not compellable witnesses

62        No member of the Commission and no person acting on behalf of the Commission under this Act shall be required to give evidence in any civil action or suit in any Court, or in any other proceeding whatsoever, except in a proceeding before the Commission, respecting information obtained in the discharge of the person's duties on behalf of the Commission.

Liability exemption

63        No action lies against the Commission, the members of the Commission, the Executive Director, employees of the Commission or any person acting on behalf of the Commission for anything done or not done, in good faith, in relation to the exercise of their powers or the performance of their duties under this Act.

Crown agent

64        The Commission is an agent of the Crown and may exercise its powers and perform its duties only as an agent of the Crown.

Legal proceedings

65        Notwithstanding section 64, an action, suit or other legal proceeding in respect of any obligation or prospective liability of the Commission, must be taken against the Commission in its own name and not in the name of the Crown.

Enforcement of Commission orders

66        An order of the Commission under Part 7 may be filed in the Court of Queen's Bench and, upon filing, may be enforced as an order of that Court.

Paramountcy

67        Where there is a conflict between a provision of this Act and a provision of The Manitoba Lotteries Corporation Act, the provision of this Act shall prevail.

Police assistance

68        The Commission may request the assistance any constable for the purposes of monitoring or enforcement pursuant to Part 8 of this Act.

Agreements

69        The Commission may, at the direction of the Minister, enter into agreements with the governments of provinces other than Manitoba regarding the regulation of gaming activity.

Prohibition on transfer or assignment

70        A licence issued or a registration granted under this Act is not transferable or assignable except with the consent of the Commission.

Transition of investigations

71        Where on the coming into force of this Act, any audit or inspection is being conducted under subsections 8(1) or 13(1) of The Manitoba Lotteries Corporation Act of a lottery scheme being conducted and managed under that Act, information obtained and all things retained under subsections 8(2) or 13(2) of that Act shall be transferred to the Executive Director.

Deemed licence

72(1)     Where on the coming into force of this Act, a charitable or religious organization holds a licence under section 10 of The Manitoba Lotteries Corporation Act that licence shall be deemed to be a licence under this Act and the terms and conditions of the licence shall continue to apply.

Expiry of deemed licence

72(2)     A licence issued under The Manitoba Lotteries Corporation Act shall expire on the date of its expiry if the date of that expiry is earlier than one year from the date of the coming into force of this Act.

Application for licence

72(3)     A licence issued under The Manitoba Lotteries Corporation Act which has a date of expiry later than one year from the date of the coming into force of this Act shall be deemed to be extended only if the licence holder makes application for a licence under this Act within one year of the date of the coming into force of this Act and the extension shall continue until such date as the application is determined.

Deemed supplier

73(1)     Where on the coming into force of this Act a business entity or a body or an association of persons has business relations with the Corporation or with a licence holder, it shall be deemed to be a registered supplier under this Act and the terms and conditions of the registration, if any, shall be as prescribed by regulation.

Expiry of deemed registration

73(2)     The deemed registration under subsection (1) shall expire on a date one year from the date of the coming into force of this Act unless the business entity or body or association of persons shall apply for renewal of the registration within that period in which case the deemed registration hereunder shall be extended until such date as the application for renewal of registration is determined.

Deemed employee

74(1)     Where on the coming into force of this Act an individual is employed by the Corporation he or she shall be deemed to be a registered employee under this Act and the terms and conditions of the registration, if any, shall be as prescribed by regulation.

Expiry of deemed registration

74(2)     The deemed registration under subsection (1) shall expire on a date one year from the date of the coming into force of this Act unless the individual shall apply for renewal of the registration within that period in which case the deemed registration hereunder shall be extended until such date as the application for renewal of registration is determined.

Invitation of Commission

75(1)     In the event that the Commission, at any time prior to one year from the date of the coming into force of this Act, invites a deemed licence holder under subsection 72(1) or a deemed registered supplier under subsection 73(1) or a deemed registered employee under subsection 74(1) to make application for the renewal of the licence or registration, as the case may be, the party so invited shall do so within such time period as may be prescribed by regulation.

Right to suspend or cancel

75(2)     In the event that a deemed licence holder under subsection 72(1) or a deemed registered supplier under subsection 73(1) or a deemed registered employee under subsection 74(1) fails to make application for renewal of the deemed licence or registration within the time period prescribed, the Commission may take steps to suspend or cancel the deemed licence or registration under section 12, 24 or 43 of this Act.

Registration of video lottery terminals, slot machines and gaming devices

76        The Corporation shall register within a period of four months of the date of the coming into force of this Act all video lottery terminals, all slot machines and all gaming devices it has in operation on that date.

Registration of siteholder agreements

77        Where on the coming into force of this Act the Corporation is a party to a siteholder agreement, the siteholder agreement shall be deemed to be registered under this Act and the terms and conditions of the registration shall be as contained in the siteholder agreement.

PART 13

CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE

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

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

79        Section 1 is amended

(a)  by repealing the definition "vendor"; and

(b)  by adding the following definitions in alphabetical order in the section:

"Gaming Control Commission" means the Gaming Control Commission created by The Gaming Control Act; (« Commission de régie du jeu »)

"lottery retailer" means a person who, or a firm or corporation other than the corporation that is engaged, employed or appointed under a contractual arrangement with the corporation to promote, offer for sale and sell any lot, card, ticket, paper or slip utilized for the purposes of a lottery scheme; (« détaillant »)

80(1)      Subsection 8(1) is amended

(a)  by striking out "before, during or after the operation of any lottery scheme conducted and managed under this Part,";

(b)  by striking out "vendor" in clause (a) and substituting "lottery retailer";

(c)  by repealing clauses (b) and (c); and

(d)  by striking out "that is or are reasonably relevant to the lottery scheme".

80(2)     Subsections 8(6) and (7) are repealed.

81        Section 10 is repealed.

82        Section 11 is amended by adding "by the Gaming Control Commission" after "conduct and management of a lottery scheme issued".

83        Section 13 is repealed.

84        Section 14 is repealed.

85        Section 17 is amended by striking out "except section 10, and two members constitute a quorum at meetings of the board held for the purposes of section 10".

86        Clause 22(1)(b) is repealed.

87        Clause 23(1)(b) is repealed.

C.C.S.M. reference

88        This Act may be cited as The Gaming Control Act and referred to as chapter G5 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

89        This Act comes into force on a day fixed by proclamation.