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S.M. 1999, c. 44
THE GAMING CONTROL LOCAL OPTION (VLT) ACT
(Assented to July 14, 1999)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"commission" means the Gaming Control Commission established by The Gaming Control Act; (« Commission »)
"corporation" means The Manitoba Lotteries Corporation continued under The Manitoba Lotteries Corporation Act; (« Corporation »)
(a) in relation to a petition, a person whose name appears on the municipality's latest revised list of electors and who is actually resident in the municipality, and
(b) in relation to a plebiscite, a person who is entitled, otherwise than because of clause 5(1)(c) or (d) of The Local Authorities Election Act, to vote in the municipal election on the polling day on which the plebiscite is held; (« électeur »)
(a) a municipality as defined in The Municipal Act, and
(b) the City of Winnipeg; (« municipalité »)
"petition" means a petition to prohibit or to permit video lottery gaming within a municipality; (« pétition »)
"plebiscite" means a vote by the electors of a municipality on a resolution approved by the council or stated on a petition
(a) to prohibit video lottery gaming within the municipality, or
(b) where video lottery gaming within the municipality is prohibited because of a plebiscite, to permit video lottery gaming within the municipality; (« référendum »)
"polling day" means the day on which general municipal elections are held under The Local Authorities Election Act; (« jour du scrutin »)
"siteholder agreement" means an agreement between the corporation and another party under which one or more video lottery terminals are placed in premises owned or occupied by the other party and managed by the other party as agent for the corporation; (« accord d'exploitation de site »)
"video lottery gaming" means the operation of a lottery scheme, as defined in the Criminal Code (Canada), that involves the use of a video lottery terminal; (« jeux de loterie vidéo »)
"video lottery terminal" means a video lottery terminal as defined in The Gaming Control Act. (« appareil de loterie vidéo »)
This Act binds the Crown.
Notwithstanding section 3 of The Manitoba Lotteries Corporation Act, no person shall carry on any video lottery gaming, under a siteholder agreement or otherwise, within a municipality while a resolution prohibiting video lottery gaming within the municipality is in effect.
A resolution prohibiting video lottery gaming within a municipality comes into effect on the first day of the fifth month following the month in which it is approved by a majority of the votes cast in a plebiscite and continues in effect until a resolution permitting video lottery gaming within the municipality is approved by a majority of the votes cast in a plebiscite.
A plebiscite may be initiated by
(a) a resolution of the council of the municipality, the wording of which has been approved by the commission; or
(b) by a sufficient petition.
A petition is sufficient if it meets the requirements of this section.
A petition must state the resolution to be put to a plebiscite, and the wording of the resolution must be approved by the commission.
Information about each petitioner
A petition must include, in respect of each petitioner,
(a) in printed form, the petitioner's surname and given name or initials and the address of his or her residence;
(b) a statement that the petitioner is an elector in the municipality; and
(c) the petitioner's signature and the date of the signature.
Each petitioner's signature must be witnessed by an adult person who must
(a) sign the petition opposite the petitioner's signature; and
(b) make a statutory declaration that to the best of his or her knowledge the petitioner is eligible to sign the petition.
Number of petitioners required
A petition must be signed by at least 20% of the electors of the municipality.
In determining whether the required number of petitioners have signed a petition, a person shall be considered not to have signed the petition if
(a) not all of the information regarding the person required by subsection (3) is provided or the information, other than the signature, is not legible and cannot easily be determined by the chief administrative officer of the municipality;
(b) the person's signature is not witnessed, or the witness has not made the declaration required by clause (4)(b);
(c) the person signed the petition more than 90 days before it was filed with the chief administrative officer of the municipality.
A petition must be filed with the chief administrative officer of the municipality
(a) not earlier than one year before the next polling day; and
(b) not later than 90 days before the next polling day.
Upon receipt of a petition that appears to the chief administrative officer of a municipality to be a sufficient petition, the chief administrative officer shall post a notice of the petition in a conspicuous place in the municipal office and allow the petition to be inspected during reasonable business hours.
Any person may object to a petition, by filing a notice of objection with chief administrative officer within seven days, or any greater number of days allowed by the council, after notice of the petition is posted under subsection (1).
Content of notice of objection
A notice of objection under subsection (2) must state the name and address of the person making the objection and the grounds for the objection.
If a notice of objection has been filed under subsection (2), the chief administrative officer shall forward it to the commission, along with the petition, a certified copy of the latest revised list of electors and any other document in the possession of the council relating to the petition, and shall request the commission to determine the sufficiency of the petition.
Commission to determine sufficiency of petition
Within 30 days after receipt of a request under subsection (4), the commission shall determine, in a summary manner based on such evidence as it considers appropriate, the sufficiency of the petition and shall notify the chief administrative officer of the determination.
The determination of the commission as to the sufficiency of a petition is final and is not subject to appeal.
After a plebiscite has been initiated, the chief administrative officer shall cause a notice of the plebiscite to be published in accordance with the regulations.
Plebiscite to be held on polling day
A plebiscite must be held on a polling day.
Wording of plebiscite question
The wording of the question to be placed on the form of ballot used in a plebiscite shall be determined by the commission.
Application of Local Authorities Election Act
Except as otherwise provided in this Act, The Local Authorities Election Act applies, with necessary modifications, to the holding of a plebiscite.
Notification of plebiscite results
The chief administrative officer of a municipality in which a plebiscite is held shall notify the commission and the corporation of the plebiscite result as soon as practicable after it is determined.
Termination of video lottery gaming and siteholder agreements
Where a resolution prohibiting video lottery gaming within a municipality is approved by a plebiscite, the corporation shall
(a) cease all video lottery gaming within the municipality no later than the day before the resolution comes into effect, and remove all video lottery terminals as soon as practicable thereafter; and
(b) terminate effective no later than the day before the resolution comes into effect, by a notice of termination given in accordance with any applicable regulations under The Manitoba Lotteries Corporation Act, each siteholder agreement then in effect in respect of premises within the municipality.
The corporation shall notify the commission of each termination of a siteholder agreement pursuant to section 11, and the commission shall cancel the registration under The Gaming Control Act of any agreement so terminated.
No action re termination of agreement or removal of VLT
No action or proceeding may be instituted or continued against the Crown, the corporation, the commission, the council of a municipality or any other person based on any cause of action, whether arising before or after this Act comes into force, for compensation, loss or damages or for injunctive or declaratory relief, arising out of
(a) the termination of a siteholder agreement by or under this Act; or
(b) the removal of a video lottery terminal required by this Act.
Application to existing agreements
This Act applies to, and a termination of a siteholder agreement pursuant to this Act is effective with respect to, a siteholder agreement entered into before or after the coming into force of this Act.
The Lieutenant Governor in Council may make regulations
(a) respecting the form and content, and the manner and timing of publication, of notices to be published under section 7;
(b) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.
Existing agreements terminated re Winkler
Each siteholder agreement existing before the coming into force of this section respecting the operation of video lottery terminals at a site located in the Town of Winkler is terminated on the first day of the fifth month following the month in which this Act comes into force, and the corporation shall remove all video lottery terminals from sites located in the Town of Winkler as soon as practicable after that day.
Resolution in effect re Winkler
A resolution to prohibit video lottery gaming within the Town of Winkler is deemed for the purposes of this Act to have been approved by a plebiscite and is deemed to come into effect on the first day of the fifth month following the month in which this Act comes into force.
This Act may be referred to as chapter G7 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on the day it receives royal assent.