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The Gaming Control Amendment Act

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If you need an official copy, contact Statutory Publications.

S.M. 2009, c. 23

Bill 27, 3rd Session, 39th Legislature

The Gaming Control Amendment Act

(Assented to June 11, 2009)

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

C.C.S.M. c. G5 amended

1           The Gaming Control Act is amended by this Act.

2           Section 1 is amended by adding the following definitions:

"lottery ticket retailer" means a business entity or association of persons that is authorized — by an agreement with the Corporation or the Corporation and the WCLC — to sell to the public tickets or other means of participating in a lottery; (« détaillant de billets de loterie »)

"WCLC" means the Western Canada Lottery Corporation. (« WCLC »)

3           Section 9.1 is amended

(a) by renumbering it as subsection 9.1(1);

(b) in the part before item 1, by adding "WCLC, the" before "Corporation"; and

(c) by adding the following after subsection 9.1:

Exception — WCLC

9.1(2)      Despite subsection (1), the WCLC is not required to include a voluntary exclusion program in its responsible gaming policy.

4(1)        Subsection 9.2(1) is amended by adding "WCLC, the" before "Corporation".

4(2)        Subsection 9.2(2) is replaced with the following:

Commission may make recommendations

9.2(2)      After reviewing a draft responsible gaming policy, the Commission may recommend amendments to it.  The Commission must give its recommendations to the WCLC, the Corporation or the gaming operator, as the case may be.

4(3)        Subsection 9.2(3) is amended by striking out "Corporation or" and substituting "WCLC, the Corporation or the".

5           Subsections 9.3(1) and (2) and section 9.4 are amended by adding "WCLC, the" before "Corporation".

6            Subsection 11(2) is amended by striking out "and" at the end of clause (a), by adding "and" at the end of clause (b) and by adding the following after clause (b):

(c) the honesty and integrity of the owner or occupier of the premises to be used for gaming activity, if different than the applicant.

7           Clause 12(1)(a) is amended by striking out "and" at the end of subclause (i), striking out "; or" at the end of subclause (ii) and substituting ", and", and adding the following after subclause (ii):

(iii) if applicable, with the appropriateness of any premises to be used for gaming activity and of the honesty and integrity of the owner or occupier of the premises, if different than the applicant; or

8(1)        Subsection 14(2) is amended by adding the following after clause (b):

(b.1) a lottery ticket retailer;

8(2)        Subsection 14(4) is amended by striking out everything after "If the applicant is" and substituting "a siteholder or a lottery ticket retailer, the Executive Director may also inquire into and investigate the suitability of the applicant's premises for gaming activity."

8(3)        Clause 14(5)(b) is amended by striking out "or" at the end of subclause (i) and adding the following after subclause (ii):

(iii) a lottery ticket retailer; or

8(4)        The following is added after subsection 14(6):

Application includes renewal of registration

14(7)       In this section, an application for registration includes an application to renew a registration.

9           Clause 15(1)(a) is replaced with the following:

(a) register the applicant, if satisfied that it is appropriate to do so, given the results of the inquiries or investigations made under subsection 14(4); or

10          Subsection 18(2) is amended by adding ", lottery ticket retailer" after "siteholder".

11(1)       Section 19 is amended

(a) by renumbering it as subsection 19(1);

(b) in the part before clause (a), by striking out "government through the Corporation, either alone or in conjunction with the government of a province other than Manitoba" and substituting "Corporation"; and

(c) in clause (d), by adding ", lottery ticket retailer" after "gaming operator".

11(2)       The following is added as subsection 19(2):

Prohibitions — agreements

19(2)       The Corporation shall not enter into an agreement authorizing a business entity or association of persons

(a) to act as its agent in the conduct and management of a lottery scheme by placing video lottery terminals in its premises, unless the entity or association is registered as a siteholder under this Part; or

(b) to sell to the public tickets or other means of participating in a lottery scheme that the Corporation is conducting and managing, unless the entity or association is registered as a lottery ticket retailer under this Part.

12          The following is added after section 19:

Prohibitions — WCLC

19.1        The WCLC shall not enter into an agreement authorizing a business entity or association of persons to sell to the public tickets or other means of participating in a lottery scheme that the WCLC is conducting and managing, unless the entity or association is registered as a lottery ticket retailer under this Part.

13(1)       Subsection 30(1) is replaced with the following:

Executive Director — authority re patron disputes

30(1)        The Executive Director has authority, at first instance, to investigate and to try to mediate a settlement of a dispute arising from an alleged irregularity in the operation of a lottery scheme

(a) that is conducted and managed by the Corporation or a licence holder; or

(b) that is conducted and managed within Manitoba by the WCLC.

13(2)       Subsection 30(5) is replaced with the following:

Parties

30(5)       The parties to the dispute are

(a) the applicant; and

(b) the WCLC, the Corporation or the licence holder that conducted and managed the lottery scheme, as the case may be.

If the alleged irregularity occurred in a premises owned or operated by a lottery ticket retailer, a siteholder or a gaming operator, the retailer, siteholder or operator is also a party.

14          Subsection 31(1) is amended by adding ", if the parties consent," after "and".

15          Subsection 32(3) is replaced with the following:

Content of order

32(3)       The Executive Director may, by order, require a party to the dispute — other than the applicant — to remedy any irregularity that the Executive Director finds has occurred. The order may include a requirement that the party

(a) pay a sum of money to the applicant and to any other person found to have been adversely affected by the irregularity; and

(b) pay to the Commission

(i) the cost of having the lottery scheme's technical integrity, or any component of it, independently verified, and

(ii) any other extraordinary expense reasonably incurred in determining the existence of the irregularity.

16          Section 34 is replaced with the following:

Parties

34          The parties to an appeal are

(a) the appellant;

(b) the Executive Director;

(c) in the case of an order

(i) under section 32 (irregularity in lottery scheme), each of the parties to the dispute,

(ii) under Part 8.1 (Actions re Licences, Registrations and Approvals), each party who was served with the order under subsection 51.1(1) or section 51.2,

(iii) under Part 11 (Specified Licensing Authorities), each party who was served with the order under section 57.3; and

(d) any other person the Commission adds as a party.

17          Subsection 35(1) is amended by striking out "subsection 51.1(3) or 57.2(5)" and substituting "section 51.2 or subsection 57.2(5)".

18          Subsection 37(1) is amended by striking out "14" wherever it occurs and substituting "30".

19          Subsections 45.2(1) and (2) are amended by adding "WCLC, the" before "Corporation".

20          Section 47 is replaced with the following:

Inspector's duties

47          An inspector is responsible for

(a) monitoring compliance with

(i) this Act and the regulations, and

(ii) the terms and conditions of licences, registrations, and approvals of the technical integrity of lottery schemes; and

(b) generally, monitoring the integrity of lottery schemes in Manitoba.

21          Section 51.1 is replaced with the following:

General order making powers

51.1(1)     If the Executive Director is satisfied that

(a) the WCLC or the Corporation has contravened this Act, the regulations, its responsible gaming policy or the approval of its lottery scheme's technical integrity;

(b) a licence holder has contravened this Act, the regulations, the approval of its lottery scheme's technical integrity or a term or condition of its licence;

(c) a gaming operator has contravened this Act, the regulations, its responsible gaming policy, the approval of a lottery scheme's technical integrity or a term or condition of its registration;

(d) a registrant has contravened this Act, the regulations or a term or condition of its registration; or

(e) there is a deficiency in the integrity of a lottery scheme being conducted and managed by the WCLC, the Corporation or a licence holder;

the Executive Director may, by order, require the contravention or deficiency to be remedied within a specified time.

Content of order

51.1(2)     An order made under subsection (1) may

(a) in the case of a contravention,

(i) direct the contravener to take an action or measure to remedy the contravention, including directing the contravener to stop doing something or to do it differently, and

(ii) state that if the order is not complied with within the specified time, the Executive Director will suspend or cancel any licence, registration or approval that has been issued to the contravener; or

(b) in the case of a deficiency in the integrity of a lottery scheme, direct the party conducting and managing the lottery scheme to take an action or measure to remedy the deficiency, including directing the party to stop doing something or to do it differently.

Service of order

51.1(3)     The Executive Director must serve an order made under subsection (1) on the contravener or the party conducting and managing the lottery scheme, as the case may be.

Actions of Executive Director

51.1(4)     When an order made under subsection (1) is not complied with within the specified time, the Executive Director may suspend or cancel any licence, registration or approval that has been issued to the contravener or the party conducting and managing the lottery scheme, as the case may be.

Order having immediate effect

51.2(1)     Without limiting section 51.1, the Executive Director may, if he or she considers it to be necessary in the public interest, make an order

(a) suspending the licence of a licence holder, the registration of a registrant or the approval of a lottery scheme's technical integrity;

(b) requiring the WCLC or the Corporation to

(i) disable a lottery ticket terminal in the premises of a lottery ticket retailer, or

(ii) remove a lottery ticket terminal and all tickets or other means of participating in a lottery scheme from the premises of a lottery ticket retailer; or

(c) requiring the Corporation to disable one or more of the video lottery terminals in the premises of a siteholder.

Duration of order

51.2(2)     An order under subsection (1) is effective immediately and continues for the time period specified in the order.

Service of order

51.2(3)     The Executive Director must serve an order made under

(a) clause (1)(a),

(i) on the licence holder, the registrant or the party conducting and managing the lottery scheme, as the case may be, and

(ii) if the order suspends a person's registration under subsection 14(1), on the person and, if the person is employed by, or registered for the purpose of regularly being in premises of, the Corporation or a gaming operator, on the Corporation or gaming operator;

(b) clause (1)(b), on the lottery ticket retailer and on the WCLC or the Corporation, as the case may be; or

(c) clause (1)(c), on the Corporation and the siteholder.

22          Subsection 53(1) is amended by striking out "section 18, 19" and substituting "section 18, 19, 19.1".

23          Subsection 57.2(3) is amended by striking out "or" at the end of clause (a), adding "or" at the end of clause (b) and adding the following after clause (b):

(c) the WCLC, the Corporation or both to do the following within the geographic area in which the licensing authority regulates gaming activity:

(i) disable some or all of the lottery ticket terminals for a time period specified in the order,

(ii) terminate some or all of the lottery ticket retailer agreements,

(iii) remove all tickets or other means of participating in a lottery scheme from the premises of a lottery ticket retailer.

24          Section 57.5 is amended

(a) in the part before clause (a), by adding "the WCLC," before "the Corporation,"; and

(b) by striking out "or" at the end of clause (c) and adding the following after clause (c):

(c.1) disabling a lottery ticket terminal;

(c.2) removing tickets or other means of participating in a lottery scheme from the premises of a lottery ticket retailer;

(c.3) terminating a lottery ticket retailer agreement by or under this Act; or

25          Clause 59(e.2) is amended by adding "WCLC, the" before "Corporation".

26          Clause 60(1)(d) is amended by adding "fees for renewing a registration," after "fees for registration,".

27          Section 68 of the English version is amended by adding "of" after "assistance".

Consequential amendments, C.C.S.M. c. L210

28(1)       The Manitoba Lotteries Corporation Act is amended by this section.

28(2)       Section 1 is amended

(a) by repealing the definition "lottery retailer"; and

(b) by adding the following definition:

"lottery ticket retailer" means a lottery ticket retailer as defined in section 1 of The Gaming Control Act; (« détaillant de billets de loterie »)

28(3)       Clause 8(1)(a) is amended by striking out "lottery retailer" and substituting "lottery ticket retailer".

Unproclaimed amendment repealed

29          Subsection 52(2) of The Gaming Control Act, as enacted by section 21 of The Gaming Control Amendment Act, S.M. 2004, c. 6, is repealed.

Coming into force

30          This Act comes into force on a day to be fixed by proclamation.