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C.C.S.M. c. G5

The Gaming Control Act

(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

DEFINITIONS

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 »)

"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 »)

"business entity" means a proprietorship, a partnership, a limited partnership, or a body corporate, 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), and provincial gaming; (« activité de jeu »)

"gaming device" means a prescribed device that is used in a lottery scheme; (« dispositif de jeu »)

"gaming operator" means a business entity or association of persons that owns or operates premises, in whole or in part, in which the Corporation conducts and manages provincial gaming, but does not include a siteholder or others excluded from this definition by regulation; (« exploitant de jeux de hasard »)

"gaming service" means a service that is prescribed as a gaming service or that is within a class of services prescribed as gaming services; (« service lié aux jeux de hasard »)

"gaming supplies" means

(a) supplies, equipment and devices designed to be used in gaming activity, and

(b) things that are not used in gaming activity but are prescribed as gaming supplies or are within a class of things prescribed as gaming supplies,

but does not include classes of supplies, equipment, devices or things excluded from this definition by regulation; (« fournitures pour jeux de hasard »)

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

"licence" means a licence authorizing the conduct and management of a lottery scheme, that is issued under section 12 or 57 to a charitable or religious organization, the board of a fair or exhibition, the operator of a concession leased by the board, or an amusement operator; (« licence »)

"licence holder" means the holder of a licence issued under this Act; (« titulaire de licence »)

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

"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 »)

"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 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 »)

"prescribed" means prescribed by regulation;

"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 an association of persons, the persons who direct the affairs of the association;  (« dirigeants »)

"provincial gaming" means a lottery scheme referred to in clause 207(1)(a) of the Criminal Code (Canada); (« activité de jeu provinciale »)

"registrant" means a person, business entity or association of persons registered under Part 4; (« titulaire d'inscription »)

"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 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 »)

"supplier" means a business entity or association of persons that

(a) makes, sells, advertises or distributes gaming supplies, or

(b) provides a gaming service, directly or indirectly, to the Corporation or to a licensing authority, gaming operator or licence holder; (« fournisseur »)

"video lottery terminal" means an automatic or electronic machine that

(a) accepts consideration for allowing a person to engage the machine for the chance of realizing a reward, and

(b) has a maximum reward prescribed under The Manitoba Lotteries Corporation Act for being engaged any one time. (« appareil de loterie vidéo »)

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

S.M. 2004, c. 6, s. 3; S.M. 2009, c. 23, s. 2.

PART 1.1

GAMING CONTROL COMMISSION

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;

(h.1) to perform a responsible gaming education function;

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

(j) to perform an approval function for 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.

S.M. 2004, c. 6, s. 5.

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.

Executive Director may delegate

6(4)        The Executive Director may authorize another employee of the Commission to perform any of the duties or exercise any of the powers of the Executive Director under this Act and the regulations. Such an authorization must be made in writing.

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.

S.M. 2004, c. 6, s. 6.

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 2.1

RESPONSIBLE GAMING

Responsible gaming policy

9.1(1)      In accordance with the regulations, the WCLC, the Corporation and every gaming operator must adopt and implement a responsible gaming policy. The policy is to set out the following:

1.

Training programs in responsible gaming for employees and others directly involved in providing its gaming activity.

2.

Information to be provided to assist persons who attend premises in which gaming activity is taking place to make informed decisions about gaming, including the methods to be used to disseminate that information.

3.

Initiatives relating to educate the public respecting responsible gaming.

4.

A voluntary exclusion program for its patrons, including how the program is to operate.

5.

Prescribed responsible gaming initiatives.

Exception — WCLC

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

S.M. 2004, c. 6, s. 7; S.M. 2009, c. 23, s. 3.

Draft to be submitted to Commission

9.2(1)      The WCLC, the Corporation and every gaming operator must submit to the Commission a draft of its responsible gaming policy, and any other information and material requested.

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.

Implementation of responsible gaming policy

9.2(3)      After considering any recommendations of the Commission, the WCLC, the Corporation or the gaming operator must

(a) adopt its responsible gaming policy as soon as practicable; and

(b) ensure that its gaming activities comply with that policy.

S.M. 2004, c. 6, s. 7; S.M. 2009, c. 23, s. 4.

Commission may request review

9.3(1)      The Commission may request the WCLC, the Corporation or a gaming operator to review its responsible gaming policy if, in the opinion of the Commission, a responsible gaming initiative should be considered for inclusion or modification.

Periodic review

9.3(2)      The WCLC, the Corporation and every gaming operator must review its responsible gaming policy

(a) at least once every five years; and

(b) at any other time when requested by the Commission under subsection (1).

S.M. 2004, c. 6, s. 7; S.M. 2009, c. 23, s. 5.

Policy available on request

9.4         The WCLC, the Corporation and every gaming operator must make its responsible gaming policy available to the public.

S.M. 2004, c. 6, s. 7; S.M. 2009, c. 23, s. 5.

PART 3

LICENSING

Designation of Commission

10(1)       The Lieutenant Governor in Council may, by order, designate the Commission in the manner required by clause 207(1)(b), (c) or (d) of the Criminal Code (Canada) as an authority to license the conduct and management of lottery schemes in Manitoba.

Licence required

10(2)       Where the Commission has been designated as an authority to license the conduct and management of lottery schemes under subsection (1), every charitable or religious organization, every board of a fair or exhibition or operator of a concession leased by such a board, and every amusement operator, may conduct and manage a lottery scheme in Manitoba only under a licence issued by the Commission.

S.M. 2004, c. 6, s. 8.

Licence application

11(1)       An application for a licence must be made in the form and at the time specified by the Commission.

Inquiry and investigation by Executive Director

11(2)       The Executive Director may make any inquiries or investigations that he or she considers appropriate to determine

(a) the applicant's eligibility for a licence;

(b) the honesty, integrity and financial history of the applicant or the honesty and integrity of its principals; and

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

Charitable and religious organizations

11(3)       If the applicant is a charitable or religious organization, it must also satisfy the Executive Director of the appropriateness of

(a) its financial plan related to the lottery scheme;

(b) its intended use of the net proceeds of the lottery scheme; and

(c) the event it intends to operate in connection with the lottery scheme.

Information re applicant

11(4)       For the purpose of carrying out an inquiry or investigation under this section, an applicant and its principals shall

(a) provide the Executive Director with all information that the Executive Director considers appropriate;

(b) consent to the release to the Executive Director of information and records about the applicant and its principals requested by the Executive Director that are in the custody or control of third parties; and

(c) confirm, by way of statutory declaration, any information so requested by the Executive Director.

S.M. 2004, c. 6, s. 8; S.M. 2009, c. 23, s. 6.

Powers of Executive Director

12(1)       The Executive Director may

(a) issue a licence to an eligible applicant, if satisfied

(i) with the honesty, integrity and financial history of the applicant and the honesty and integrity of its principals, if any,

(ii) if the applicant is a charitable or religious organization, with the appropriateness of its financial plan, its intended use of the net proceeds of the lottery scheme, and the event that it intends to operate in connection with the lottery scheme; and

(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

(b) refuse the application.

Imposing terms and conditions

12(2)       The Executive Director may at any time impose terms and conditions on a licence issued under this section. The licence holder shall conduct and manage its lottery scheme in accordance with those terms and conditions.

Fees

12(3)       The Commission may prescribe a fee to be remitted for issuance of a licence, which may be different for different classes of licence holders.

S.M. 2004, c. 6, s. 8; S.M. 2009, c. 23, s. 7.

13          Repealed.

S.M. 2004, c. 6, s. 8.

PART 4

REGISTRATION

Persons who must register

14(1)       A person who wishes to become one of the following must apply to the Commission to be registered:

(a) an employee of the Corporation or of a gaming operator;

(b) a person who is regularly in premises in which gaming activity is taking place for the purpose of providing, directly or indirectly, a gaming service.

Business entities or associations of persons who must register

14(2)       A business entity or association of persons that wishes to become one of the following must apply to the Commission to be registered:

(a) a gaming operator;

(b) a siteholder;

(b.1) a lottery ticket retailer;

(c) a supplier.

Application for registration

14(3)       An application for registration must be made in the form and at the time specified by the Commission.

Inquiry and investigation by Executive Director

14(4)       The Executive Director may make any inquiries or investigations that he or she considers appropriate to determine the honesty, integrity and financial history of an applicant for registration and its principals. If the applicant is 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.

Costs

14(5)       The Commission may require that the reasonable costs of conducting an inquiry or investigation under this section be remitted to it by

(a) the applicant, if the applicant is applying to be registered as a gaming operator or supplier;

(b) the Corporation, if the applicant is applying to be registered

(i) under subsection (1) in relation to the Corporation,

(ii) as a siteholder; or

(iii) a lottery ticket retailer; or

(c) the gaming operator, if the applicant is applying to be registered under subsection (1) in relation to a gaming operator.

Information

14(6)       Subsection 11(4) applies, with necessary changes, to an applicant for registration.

Application includes renewal of registration

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

S.M. 1997, c. 50, s. 90; S.M. 2004, c. 6, s. 9; S.M. 2009, c. 23, s. 8.

Registration

15(1)       The Executive Director may, with respect to an application under section 14,

(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

(b) refuse to register the applicant.

Imposing terms and conditions

15(2)       The Executive Director may at any time impose terms and conditions on a registration issued under subsection (1). The registrant shall conduct its activities in accordance with those terms and conditions.

Terms and conditions — siteholders

15(3)       For a siteholder's registration, the Executive Director shall not impose terms or conditions respecting

(a) the siteholder's hours of operation; or

(b) the number of video lottery terminals on the siteholder's premises.

S.M. 2004, c. 6, s. 9; S.M. 2009, c. 23, s. 9.

Registering video lottery terminals

16(1)       The Corporation shall register every video lottery terminal with the Commission.

Registering gaming devices

16(2)       The Corporation, a gaming operator or a licence holder shall register every gaming device with the Commission.

S.M. 2004, c. 6, s. 9.

Fee

17(1)       The Commission may prescribe a fee to be remitted for registering

(a) an employee or person under subsection 14(1);

(b) a supplier;

(c) a video lottery terminal; or

(d) a gaming device.

Content of fee regulation

17(2)       A regulation under subsection (1) may prescribe

(a) different fees for different classes of registrations; and

(b) who is to remit the fee.

S.M. 2004, c. 6, s. 9.

Prohibitions — persons

18(1)       Unless registered under this Part, no person shall

(a) become an employee of the Corporation or of a gaming operator; or

(b) for the purpose of providing a gaming service, regularly be in premises in which gaming activity is taking place.

Prohibitions — business entity or association of persons

18(2)       Unless registered under this Part, no business entity or association of persons shall act as a gaming operator, siteholder, lottery ticket retailer or supplier.

S.M. 2004, c. 6, s. 9; S.M. 2009, c. 23, s. 10.

Prohibitions — Corporation

19(1)       Where a lottery scheme is being conducted and managed by the Corporation, the Corporation shall not

(a) employ a person;

(b) permit a person to regularly be in its premises in which gaming activity is taking place for the purpose of providing it a gaming service;

(c) purchase or receive gaming supplies or gaming services from a supplier; or

(d)  enter into an agreement with a gaming operator, lottery ticket retailer or siteholder;

who is not registered under this Part.

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.

S.M. 2004, c. 6, s. 9; S.M. 2009, c. 23, s. 11.

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.

S.M. 2009, c. 23, s. 12.

Prohibitions — gaming operator

20          A gaming operator shall not

(a) employ a person;

(b) permit a person to regularly be in its premises in which gaming activity is taking place for the purpose of providing it a gaming service; or

(c) purchase or receive any gaming supplies or gaming services from a supplier;

who is not registered under this Part.

S.M. 2004, c. 6, s. 9.

Employees whose registration is suspended

21          If the Commission has suspended the registration of an employee of the Corporation or of a gaming operator, the Corporation or gaming operator may continue to employ that person but shall not allow him or her, while suspended, to be actively employed in the conduct or management of a lottery scheme.

S.M. 2004, c. 6, s. 9.

22 to 26    Repealed.

S.M. 2004, c. 6, s. 9.

PART 5

TECHNICAL INTEGRITY OF LOTTERY SCHEMES

Prior approval of Commission required

27(1)       The Corporation or a licence holder shall not conduct or manage a lottery scheme, or introduce or modify a lottery scheme, without first having the technical integrity of the scheme approved under this Part.

Commission may prescribe requirements

27(2)       The Commission may prescribe requirements and standards for the purpose of assessing the technical integrity of lottery schemes or classes of schemes, including, but not limited to, requirements and standards respecting

(a) the design and concept of a scheme;

(b) the manufacture, supply, delivery, installation and maintenance of things used in the scheme;

(c) minimum requirements as to payouts of rewards; and

(d) measures to be performed to ensure that a scheme is fair, honest, secure, safe and capable of being audited, including the manner and form for reporting on the performance of those measures to the Commission.

Criteria — technical integrity

27(3)       The Executive Director may establish criteria, consistent with the regulations, to be used in determining the technical integrity of a lottery scheme.

S.M. 2004, c. 6, s. 10.

Application re lottery scheme's technical integrity

28(1)       An application for approval of the technical integrity of a lottery scheme must be made in the form and at the time specified by the Commission.

Information re applicant

28(2)       Subsection 11(4) applies, with necessary changes, to an applicant for approval of the technical integrity of a lottery scheme under this Part.

Inquiry and investigation by Executive Director

28(3)       The Executive Director may make any inquiries or investigations that he or she considers appropriate to determine the technical integrity of a lottery scheme.

Costs

28(4)       The Commission may require the reasonable costs of conducting an inquiry or investigation under this section be remitted to it by the applicant.

S.M. 2004, c. 6, s. 10.

Approval

29(1)       The Executive Director may

(a) approve the technical integrity of a lottery scheme, or a class of schemes, if satisfied with the technical integrity of the scheme; or

(b) refuse to approve the technical integrity of a lottery scheme.

Imposing terms and conditions

29(2)       The Executive Director may at any time impose terms and conditions on the approval of a lottery scheme's technical integrity. The Corporation or licence holder shall conduct and manage its lottery scheme in accordance with those terms and conditions.

Technical integrity — Corporation

29(3)       In considering whether to approve the technical integrity of a lottery scheme that the Corporation has selected to introduce or modify, the Executive Director shall not consider, or impose terms or conditions respecting,

(a) the hours of operation of the scheme;

(b) the number of schemes conducted and managed;

(c) the combination of schemes conducted and managed;

(d) the amount of consideration to be paid to secure a chance to win a reward in the lottery scheme;

(e) the ownership of gaming equipment and gaming supplies used in the scheme;

(f) layout of the lottery schemes within premises, other than in respect of a siteholder's premises;

(g) security and surveillance, except to the extent necessary to verify that the scheme is fair, honest, secure, safe and capable of being audited; or

(h) reward payouts, except to the extent necessary to ensure that the reward structure of the scheme conforms with prescribed minimum requirements for payouts.

S.M. 2004, c. 6, s. 10.

PART 6

DISPUTE RESOLUTION AND APPEALS

RESOLUTION OF PATRON DISPUTES

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.

Application

30(2)       A patron who wishes to have such a dispute determined must apply to the Executive Director.

Time limit for making application

30(3)       An application under subsection (2) must be filed within 30 days after the date the alleged irregularity occurred.

Expeditious procedure

30(4)       In exercising authority under this section, the Executive Director may determine and adopt the most expeditious method of investigating and mediating the matter.

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.

S.M. 2004, c. 6, s. 11; S.M. 2009, c. 23, s. 13.

Mediation

31(1)       On receiving an application under subsection 30(2), the Executive Director shall investigate the matter and, if the parties consent, try to mediate its settlement.

Where dispute settled

31(2)       When a matter is settled by mediation, the Executive Director shall make a written record of the settlement. The settlement is binding on the parties and is not subject to appeal.

S.M. 2004, c. 6, s. 11; S.M. 2009, c. 23, s. 14.

Executive Director not disqualified after mediation

32(1)       The Executive Director is not disqualified from making an order respecting a matter by reason of having investigated or tried to mediate it.

If mediation unsuccessful

32(2)       If, after investigating the matter, the Executive Director is of the opinion that it is unlikely to be settled by mediation in a timely manner, the Executive Director may make an order

(a) described in subsection (3), if he or she concludes that there has been an irregularity in the lottery scheme; or

(b) dismissing the application.

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.

Order to be served

32(4)       The Executive Director shall serve a copy of an order made under subsection (3) on each of the parties.

S.M. 2004, c. 6, s. 11; S.M. 2009, c. 23, s. 15.

APPEAL OF EXECUTIVE DIRECTOR'S DECISION

Decisions that can be appealed

33(1)       The following decisions of the Executive Director may be appealed to the Commission:

(a) the refusal to issue a licence or registration under Part 3 or 4, or the imposition of terms or conditions on such a licence or registration;

(b) the refusal to approve the technical integrity of a lottery scheme under Part 5, or the imposition of terms or conditions on the approval of such a scheme;

(c) the making of an order under section 32;

(d) the making of an order under Part 8.1 or 11.

Who can appeal

33(2)       The following persons may file a notice of appeal with the Commission:

(a) in the case of a decision referred to in clause (1)(a) or (b), the applicant for the licence, registration or approval;

(b) in the case of an order referred to in clause (1)(c) or (d), anyone who was required to be served with a copy of the order.

Notice of appeal must give reasons

33(3)       A notice of appeal must be in writing and must contain the appellant's name and address and the reasons for the appeal.

Time limit for filing

33(4)       A notice of appeal must be filed within 14 days after the appellant is served with the Executive Director's decision or order, but the Commission may extend that time either before or after the 14 days expires.

S.M. 2004, c. 6, s. 11.

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.

S.M. 2004, c. 6, s. 11; S.M. 2009, c. 23, s. 16.

Stay pending appeal

35(1)       An order made under Part 8.1 or 11, other than an order under section 51.2 or subsection 57.2(5) (order having immediate effect), is stayed pending the Commission's decision on the appeal

Patron disputes — appeal stays order

35(2)       When an order made under section 32 is appealed, the order is stayed pending the Commission's decision on the appeal.

S.M. 2004, c. 6, s. 11; S.M. 2009, c. 23, s. 17.

GENERAL REQUIREMENTS

Notice to Executive Director

36(1)       The Commission must promptly give to the Executive Director a copy of any notice of appeal it receives under section 33.

Executive Director must forward documents

36(2)       The Executive Director must promptly give to the Commission

(a) all of the documentary evidence on which the Executive Director based the decision or order being appealed; and

(b) any other documents in his or her possession that the Executive Director thinks might be relevant.

S.M. 2004, c. 6, s. 11.

Hearing within 30 days

37(1)       The hearing of an appeal or application under this Part must begin within 30 days after the Commission receives the notice of appeal or application, but, at the request of a party other than the Executive Director, the Commission may grant an extension.

Right to appear and be represented

37(2)       Each party may appear and be represented by counsel at a hearing, and the Commission may have counsel to assist it.

Parties may examine evidence

37(3)       The Commission must give each party a reasonable opportunity to examine and copy any information that has been submitted to the Commission for the purpose of the hearing.

No hearing in certain cases

37(4)       The Commission may dismiss an appeal or application under this Part without holding a hearing if the Commission is of the opinion that the matter

(a) is frivolous or vexatious;

(b) is beyond its jurisdiction; or

(c) does not comply with the requirements of this Part.

S.M. 2004, c. 6, s. 11; S.M. 2009, c. 23, s. 18.

38          Repealed.

S.M. 2004, c. 6, s. 11.

PART 7

HEARINGS

Hearings

39          Subject to this Part, any hearing to be held under Part 6 shall be conducted in accordance with such procedures as may be prescribed by regulation.

S.M. 2004, c. 6, s. 12.

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 appeal from a decision of the Executive Director

43          Upon completing a hearing on an appeal from a decision of the Executive Director under section 33, the Commission shall make one or more of the following decisions:

(a) uphold the denial of an application for a licence or registration, or the approval of a lottery scheme's technical integrity;

(b) uphold or modify the terms and conditions imposed by the Executive Director on a licence or registration or on the approval of a lottery scheme's technical integrity;

(c) reverse the determination of the Executive Director and grant an application for a licence or registration, or the approval of a lottery scheme's technical integrity on such terms and conditions as it considers fit;

(d) uphold the suspension of the licence or registration, or the approval of a lottery scheme's technical integrity;

(e) convert the suspension of a licence or registration, or the approval of a lottery scheme's technical integrity into the cancellation thereof;

(f) suspend a licence or registration, or the approval of a lottery scheme's technical integrity for such period as it considers fit;

(g) cancel a licence or registration, or the approval of a lottery scheme's technical integrity;

(g.1) uphold, vary or cancel the order of the Executive Director made under section 32, or substitute a new order for it;

(g.2) uphold, vary or cancel the order of the Executive Director made under section 57.2 or 57.3, or substitute a new order for it;

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

S.M. 2004, c. 6, s. 13.

44          Repealed.

S.M. 2004, c. 6, s. 14.

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.

Application to be filed within 60 days

45(3)       The application under subsection (2) must be filed in the Court of Queen's Bench within 60 days after the determination or order sought to be reviewed is made.

S.M. 2004, c. 6, s. 15.

PART 7.1

RECORDS AND INFORMATION TO BE PROVIDED TO THE COMMISSION

Records and reporting

45.1(1)     Every licensing authority, gaming operator and licence holder must keep records and report to the Commission in accordance with the regulations.

Records to be made available

45.1(2)     Every licensing authority, gaming operator and licence holder must make its records that are relevant for the purposes of this Act available for inspection, examination and audit.

Direction — books and records

45.1(3)     If in the Executive Director's opinion the records of a licensing authority, gaming operator or licence holder are inadequate for the purposes of this Act, the Executive Director may, in writing, direct how the records are to be kept. The licensing authority, gaming operator or licence holder shall then begin keeping them as directed.

S.M. 2004, c. 6, s. 16.

Information to be provided

45.2(1)     The WCLC, the Corporation and every licensing authority, registrant and licence holder shall, as soon as is reasonably practicable, provide the Executive Director with any information it possesses that may be material to

(a) the honesty and integrity of a licence holder or registrant, or of an applicant who seeks to become a registrant or licence holder; or

(b) ensuring the technical integrity of a lottery scheme.

Commission is to be notified

45.2(2)     If the WCLC, the Corporation or a licensing authority, registrant or licence holder considers that an offence has occurred under this Act or under a provision of the Criminal Code (Canada) that is relevant to a lottery scheme, it must notify the Commission immediately.

S.M. 2004, c. 6, s. 16; S.M. 2009, c. 23, s. 19.

Financial and other information

45.3(1)     On request, a licensing authority, gaming operator or licence holder shall submit the following to the Executive Director, at the time and for the period specified by the Executive Director:

(a) a financial statement that is in the form and with the content required by the Executive Director, covering the activities of

(i) the licensing authority or gaming operator, or

(ii) the licence holder in relation to its licence;

(b) a financial statement, as described in clause (a), that has been audited by an auditor approved by the Executive Director;

(c) any other information that the Executive Director considers relevant.

Auditor's report

45.3(2      ) Upon completing the audit of a financial statement as required under clause (1)(b), the auditor must submit a report directly to the Executive Director

(a) identifying the financial statement audited; and

(b) expressing an opinion as to whether the financial statement presents fairly, for the period specified by the Executive Director, the financial position of the licensing authority or gaming operator, or of the licence holder in relation to its licence.

Auditor to submit supplement with report

45.3(3)     With the report, the auditor must submit a supplement containing the following statements about the licensing authority, gaming operator or licence holder:

(a) a statement of opinion as to whether its accounting procedures and systems of control are appropriate;

(b) a statement of opinion as to whether its procedures and systems of control are adequate to ensure that the net proceeds of the lottery scheme are used in a manner consistent with the intended use of those proceeds;

(c) a statement about any irregularity or discrepancy that came to the auditor's attention during the audit;

(d) a statement about any matter not referred to in clauses (a) to (c) that the auditor considers the Executive Director should be aware of.

The supplement must also contain any recommendation that the auditor considers necessary or advisable about the proper performance of duties or keeping of the records and books of account by the licensing authority, gaming operator or licence holder.

S.M. 2004, c. 6, s. 16.

PART 8

MONITORING AND ENFORCEMENT

Appointment of inspectors

46(1)       The Executive Director 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.

S.M. 2004, c. 6, s. 17.

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.

S.M. 2004, c. 6, s. 18; S.M. 2009, c. 23, s. 20.

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)       For the purpose of carrying out his or her responsibilities under section 47, an inspector may, at any reasonable time,

(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.

S.M. 2004, c. 6, s. 19.

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 8.1

ACTIONS RESPECTING LICENCES, REGISTRATIONS AND APPROVALS

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.

S.M. 2004, c. 6, s. 20; S.M. 2009, c. 23, s. 21.

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.

S.M. 2009, c. 23, s. 21.

PART 9

OFFENCES

Prohibitions — licensing authority or licence holder

52(1)       A licensing authority or licence holder shall not purchase or receive gaming supplies or gaming services, or enter into an agreement to do so, from anyone other than a supplier who is registered under Part 4.

52(2)       Repealed, S.M. 2009, c. 23, s. 29.

S.M. 2004, c. 6, s. 21; S.M. 2009, c. 23, s. 29.

Offences

53(1)       Every one commits an offence who

(a) contravenes subsection 12(2), 15(2) or 16(1) or (2), section 18, 19, 19.1, 20 or 21, subsection 27(1), 29(2), or 48(1) or (2), clause 49(1)(b), or section 52; or

(b) knowingly furnishes false information in

(i) an application for a licence or registration, or for the approval of a lottery scheme's technical integrity, or

(ii) a record required to be filed under this Act.

Liability of principals

53(2)       When a business entity or an association of persons commits an offence under subsection (1), a principal of the business entity or association of persons who authorized, permitted or acquiesced in the commission of the offence is also guilty of the offence.

Penalty

53(3)       Every one who is guilty of an offence described in this section is liable, on summary conviction, to a fine of not more than $250,000.

S.M. 2004, c. 6, s. 21; S.M. 2009, c. 23, s. 22.

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 Lieutenant Governor in Council.

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 Auditor General, 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.

S.M. 2001, c. 39, s. 31; S.M. 2004, c. 6, s. 22.

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 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.

Annual report — licensing authority

57(3)       In accordance with the regulations, a licensing authority must publish an annual report that sets out

(a) the number of licences it issued;

(b) the amount of money it received in licence fees; and

(c) any other prescribed information.

S.M. 2004, c. 6, s. 23.

Obligations of licensing authority

57.1        A licensing authority must comply with the terms and conditions contained in

(a) the order in council specifying it as a licensing authority; and

(b) any agreement with the government respecting its having authority to regulate gaming activity referred to in clause 207(1)(b) of the Criminal Code (Canada) within a specified geographic area.

S.M. 2004, c. 6, s. 24.

Orders — licensing authorities

57.2(1)     If the Executive Director is satisfied that a licensing authority has contravened this Act or the regulations, the Executive Director may, by order, require the contravention to be remedied within a specified time.

Content of order

57.2(2)     An order made under subsection (1) may direct the licensing authority to take an action or measure to remedy the contravention, including directing it to stop doing something or to do it differently.

Content of order where agreement entered into

57.2(3)     If the licensing authority is subject to an agreement under clause 57.1(b), the order made under subsection (1) may state that if it is not complied with within the specified time, the Executive Director will, by order, require

(a) the Corporation or a supplier, for a time period specified in the order, to stop supplying gaming supplies or gaming services to the licensing authority;

(b) the Corporation to do one or more of the following within the geographic area in which the licensing authority regulates gaming activity:

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

(ii) terminate some or all of the siteholder agreements,

(iii) cease all video lottery gaming, and remove all of the video lottery terminals; or

(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.

Actions of Executive Director

57.2(4)     When a licensing authority does not comply with an order made under subsection (1) within the specified time, the Executive Director may, by order, require the Corporation or a supplier to take one or more of the actions described in clause (3)(a) or (b).

Order having immediate effect

57.2(5)     An order under this section may be made effective immediately if the Executive Director considers it necessary to do so because of the gravity or urgency of the circumstances.

S.M. 2004, c. 6, s. 24; S.M. 2009, c. 23, s. 23.

Service of order on supplier and Corporation

57.3        The Executive Director must serve an order made under section 57.2 on

(a) the licensing authority;

(b) the Corporation, if the order relates to it; and

(c) any supplier or siteholder that the order relates to.

S.M. 2004, c. 6, s. 24.

Recommendation by Commission

57.4        The Commission may, having regard to the gravity or urgency of the non-compliance of the licensing authority, recommend to the Minister that the government rescind the order in council specifying it as a licensing authority.

S.M. 2004, c. 6, s. 24.

No cause of action

57.5        No action or proceeding may be instituted or continued against the Crown, the Commission, the WCLC, the Corporation, a supplier, or any other person, business entity or association of persons, based on any cause of action, whether arising before or after this section comes into force, for compensation, loss or damages or injunctive or declaratory relief, arising out of an order made under section 57.2, or a recommendation made under section 57.4, that results in

(a) stopping the supply of gaming supplies or gaming services;

(b) disabling or removing a video lottery terminal;

(c) terminating a siteholder agreement by or under this Act;

(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

(d) rescinding an order in council that specifies a licensing authority.

S.M. 2004, c. 6, s. 24; S.M. 2009, c. 23, s. 24.

Siteholder having entered into agreement

57.6(1)     If a siteholder has entered into an agreement with the government that specifies a licensing authority to regulate all gaming activity referred to in clause 207(1)(b) of the Criminal Code (Canada) within the specified geographic area that includes the siteholder's premises, that siteholder

(a) is subject to the same duties and obligations as a licensing authority under sections 45.1 and 45.3; and

(b) must publish an annual report that sets out any information that is prescribed.

Application of section 57.2 and 57.3

57.6(2)     Sections 57.2 and 57.3 apply, with necessary changes, to a siteholder that fails to comply with its duties and obligations under subsection (1).

S.M. 2004, c. 6, s. 24.

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) restricting persons under a specified age from participating in gaming activities or from being in premises in which gaming activity is taking place, including providing different age restrictions for different kinds of gaming activity;

(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;

(e.1) prescribing the fiscal year of the Commission;

(e.2) establishing responsible gaming guidelines, including prescribing initiatives that must be incorporated in the responsible gaming policy of the WCLC, the Corporation or a gaming operator;

(f) repealed, S.M. 2004, c. 6, s. 25.

S.M. 2004, c. 6, s. 25; S.M. 2009, c. 23, s. 25.

Regulations by Commission

60(1)       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;

(a.1) prescribing devices or classes of devices for the purpose of the definition "gaming device" in section 1;

(a.2) prescribing services or classes of services for the purpose of the definition "gaming service" in section 1;

(a.3) prescribing things or classes of things as gaming supplies for the purpose of the definition "gaming supplies" in section 1;

(a.4) excluding supplies, equipment, devices or things from the definition "gaming supplies" in section 1;

(a.5) excluding persons, business entities or associations of persons from the definition "gaming operator" in section 1;

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

(b.1) prescribing requirements respecting applications for the approval of the technical integrity of a lottery scheme;

(b.2) subject to any regulation made under section 9 of The Manitoba Lotteries Corporation Act, prescribing requirements and standards for assessing the technical integrity of lottery schemes or classes of schemes;

(c) the governing of the furnishing of information to the Commission by an applicant for a licence or registration or for the approval of a lottery scheme's technical integrity;

(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 renewing a registration, fees for hearings, fees in respect of inspections, and other fees in connection with the administration of this Act;

(d.1) prescribing when fees are to be remitted;

(d.2) prescribing, in respect to a licensing authority as provided for under subsection 57(3) or a siteholder as provided for under clause 57.6(1)(b),

(i) the information to be included in its annual report,

(ii) the period that the report is to cover, and

(iii) when and how the report is to be published;

(d.3) prescribing minimum requirements for payouts of rewards;

(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) repealed, S.M. 2004, c. 6, s. 26;

(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) and (m) repealed, S.M. 2004, c. 6, s. 26;

(n) establishing recordkeeping and reporting requirements for gaming operators, licensing authorities and licence holders;

(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) and (r) repealed, S.M. 2004, c. 6, s. 26.

Provisions re regulations

60(2)       A regulation made under subsection (1) may establish different classes of gaming operators, licensing authorities, registrants and licence holders, and may provide differently for different classes.

S.M. 2004, c. 6, s. 26; S.M. 2009, c. 23, s. 26.

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.

Service of decisions and orders

66.1        A decision or order made under this Act may be served on the Corporation, or a person, business entity or association of persons by

(a) delivering a copy personally; or

(b) sending a copy to the Corporation, person, business entity or association of persons by registered or certified mail or by another service that provides the sender with confirmation of delivery.

S.M. 2004, c. 6, s. 27.

67          Repealed.

S.M. 2004, c. 6, s. 28.

Police assistance

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

S.M. 2009, c. 23, s. 27.

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.

71 to 77    Repealed.

S.M. 2004, c. 6, s. 28.

78 to 87    

NOTE: These sections contained consequential amendments to The Manitoba Lotteries Corporation Act which are now included in that Act.

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.

NOTE: The following parts of S.M. 1996, c. 74 were proclaimed in force February 12, 1997: the definitions "Commission", "Corporation", "Executive Director" and "Minister" in section 1, and section 3, subsections 6(1) and (3) and sections 54, 55, 56, 64, 65 and 88.  The remainder was proclaimed in force October 20, 1997.

 

 
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