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An Act to amend The Lotteries Foundation Act

R.S.M. 1987 Supp., c. 22

An Act to amend The Lotteries Foundation Act

Sec. 3 am.

1

Section 3 of The Manitoba Lotteries Foundation Act, being chapter L210 of the Re-enacted Statutes of Manitoba, 1987, is amended by striking out all the words therein after clause (b) thereof and substituting therefor the words "and may for the government enter into any agreement for the purposes of this section".

Subsec. 6(1) am.

2

Subsection 6(1) of the Act is amended by striking out clause (b) thereof and substituting therefor the following clause:

(b) pay the balance thereof in the form of outright grants to persons, organizations, societies, associations, bodies or groups, in accordance with general guidelines prescribed by the Lieutenant Governor in Council.

Subsec. 6(2) am.

3

Subsection 6(2) of the Act is amended by striking out clauses (a) and (b) thereof and substituting therefor the following clauses:

(a) in the form of such outright grants for cultural or recreational purposes to persons, organizations, societies, associations, bodies or groups; or

(b) in the form of such expenditures, including salaries, for cultural or recreational purposes; or

(c) in the form of such outright grants to persons, organizations, societies, associations, bodies or groups or in the form of such expenditures, including salaries, for any purpose;.

Sec. 8 rep. and sub.

4

Section 8 of the Act is repealed and the following section is substituted therefor:

Audits and inspections.

8(1)

The foundation may, at any reasonable time before, during or after the operation of any lottery scheme conducted and managed under this Part, cause to be made, by the Provincial Auditor or an auditor or person appointed by the foundation, such audit or inspection as is reasonably necessary, of

(a) any books, records or accounts of any vendor or any recipient of a grant from the proceeds of the lottery scheme; or

(b) any lot, card, ticket, paper, slip, symbol, coin, device, equipment or game in the possession of any vendor; or

(c) any premises;

that is or are reasonably relevant to the lottery scheme.

Removal of records, etc.

8(2)

In the course of any audit or inspection under subsection (1), the foundation may remove, and retain for a reasonable period of time, such things being audited or inspected under clause 1(a) or (b) as are reasonably necessary for the purposes of the audit or inspection.

Free access.

8(3)

Any person who is the subject of an audit or inspection under subsection (1) shall allow the Provincial Auditor, or the auditor or person making the audit or inspection, as the case may be, free access at all reasonable times for the purposes of the audit or inspection and shall permit the removal of any thing sought to be removed under subsection (2).

Refusal of admission.

8(4)

The foundation may upon reasonable grounds, either itself or by its representative, refuse to admit, to premises where a lottery scheme is being conducted and managed under this Part, any person who is behaving in a disorderly manner or is intoxicated, and may request the person to cease seeking entry to the premises, and the person shall comply with the request.

Ejection of offender.

8(5)

Where a person as described in subsection (4) is present upon premises where a lottery scheme is being conducted and managed under this Part, the foundation may, either itself or by its representative, request the person to leave and the person shall comply with the request, but if the person refuses or fails to comply with the request the foundation may, either itself or by its representative, forcibly eject the person from the premises using only such force as is necessary for the purpose.

Tampering with lottery tickets.

8(6)

Except in the course and for the purpose of the lawful conduct and management of or lawful participation in a lottery scheme conducted and managed under this Part, no person shall deface, damage, break open, alter, place any marking upon, or in any way tamper with any lot, card, ticket, paper, slip, symbol, coin, device, equipment or game used in and for the purposes of the lottery scheme.

Offence and penalty.

8(7)

Any person who contravenes or refuses or fails to observe a provision of this section is, in addition to being subject to forcible ejection under subsection (5) and in addition to any other remedy or action which the foundation may have or take in respect of the contravention, refusal or failure, guilty of an offence and liable, on summary conviction, to a fine of not more than $500.

Sec. 13 rep. and sub.

5

Section 13 of the Act is repealed and the following section is substituted therefor:

Audits and inspections.

13(1)

Where so provided by a term or condition of a licence for the conduct and management of a lottery scheme or by an agreement relating to the lottery scheme entered into under section 11, the foundation may, at any reasonable time before, during or after the operation of the lottery scheme, cause to be made, by the Provincial Auditor or an auditor or person appointed by the foundation, such audit or inspection as is reasonably necessary, of

(a) any books, records or accounts of the licence holder or any vendor or any recipient of a grant from the proceeds of the lottery scheme; or

(b) any lot, card, ticket, paper, slip, symbol, coin, device, equipment or game in the possession of the licence holder or any vendor; or

(c) any premises;

that is or are reasonably relevant to the lottery scheme.

Removal of records, etc.

13(2)

Where so provided by a term or condition or an agreement as mentioned in subsection (1), the foundation may remove, and retain for a reasonable period of time, such things being audited or inspected under clause (1)(a) or (b) as are reasonably necessary for the purposes of the audit or inspection.

Free access.

13(3)

Where so provided by a term or condition or an agreement as mentioned in subsection (1), any person who is the subject of an audit or inspection under subsection (1) shall allow the Provincial Auditor, or the auditor or person making the audit or inspection, as the case may be, free access at all reasonable times for the purposes of the audit or inspection and shall permit the removal of any thing sought to be removed under subsection (2).

Tampering with lottery tickets.

13(4)

Where so provided by a term or condition or an agreement as mentioned in subsection (1), no person shall, except in the course and for the purpose of the lawful conduct and management of or lawful participation in a lottery scheme conducted and managed pursuant to a licence, deface, damage, break open, alter, place any marking upon or in any way tamper with any lot, card, ticket, paper, slip, symbol, coin, device, equipment or game used in and for the purposes of the lottery scheme.

Offence and penalty.

13(5)

Where so provided by a term or condition or an agreement as mentioned in subsection (1), any person who contravenes or refuses or fails to observe a provision of the term or condition or the agreement or a provision of this section is, in addition to any other remedy or action that may be available under any law in respect of the contravention, refusal or failure, guilty of an offence and liable, on summary conviction, to a fine of not more than $500.

Subsec. 14(2) rep.

6

Subsection 14(2) of the Act is repealed.