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The Manitoba Lotteries Foundation Act
This is an unofficial archived version of The Manitoba Lotteries Foundation Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. L210

The Manitoba Lotteries Foundation Act

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

Definitions.

1

In this Act,

"board" means the board of the foundation appointed under Part III; ("conseil d'administration")

"foundation" means The Manitoba Lotteries Foundation continued under this Act; ("Fondation")

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

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

"vendor" means a person who, or a firm or corporation other than the foundation that, as principal, agent or sub-agent,

(a) is engaged, employed or appointed to promote, manage or operate a lottery scheme, or

(b) sells, offers for sale, prints, publishes, distributes, makes, manufactures, supplies, leases or provides any lot, card, ticket, paper, slip, symbol, coin, device, equipment or game or any promotion or management

service, or leases or provides any place, premises or accommodations, for use in or in conjunction with or in relation to or for the purposes of a lottery scheme, conducted and managed under Part I or conducted and managed pursuant to a licence issued under the Criminal Code (Canada). ("vendeur")

Foundation continued.

2

The Manitoba Lotteries Foundation, to consist of the persons from time to time appointed as the members of the board, is hereby continued as a body corporate.

PART I

GOVERNMENT LOTTERIES

Powers of foundation.

3

The foundation may conduct and manage lottery schemes for the government

(a) within the province; or

(b) within the province and another province of Canada, in conjunction with and in accordance with any agreement entered into with the government of that other province;

and may for the government enter into any agreement for the purposes of clause (b).

Agreement to incorporate company.

4(1)

Without limiting the generality of section 3, the foundation may enter into an agreement with the government of another province of Canada or an agency thereof for the purpose of incorporating a company to conduct and manage lottery schemes for the government and the government of that other province.

Designation of company as Crown agency.

4(2)

Where pursuant to an agreement entered into under subsection (1) a company is incorporated, the government may enter into an agreement with the government of the other province designating the corporation as an agent of Her Majesty in right of Manitoba and of the government of the other province.

Agreement for joint management committee.

5

Without limiting the generality of section 3, the foundation may enter into an agreement with the government of another province of Canada or an agency thereof for the purpose of establishing a joint management committee, to be composed of members nominated by each of the governments, for the purpose of conducting and managing lottery schemes for both of the governments.

Proceeds of government lotteries.

6(1)

From the net proceeds realized by the foundation from time to time from the conduct and management of lottery schemes under this Part, after deducting therefrom the costs of conducting and managing the lottery schemes and such further amounts as the minister deems requisite for the cost of administering this Act, the foundation shall

(a) transfer to the government such part thereof as may be determined by the Lieutenant Governor in Council to be held in trust in the Consolidated Fund to be used and applied in accordance with subsection (2) or (3); and

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

Use for cultural or recreational purposes.

6(2)

Where under subsection (1) the Lieutenant Governor in Council so directs, the proceeds held in trust under that subsection or such portion thereof as the Lieutenant Governor in Council specifies may, subject to section 7, be expended by the minister

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

(b) in the form of such direct expenditures for cultural or recreational purposes;

as the minister may determine, but any money so expended shall be expended subject to any restrictions imposed by the Lieutenant Governor in Council.

Use for general government purposes.

6(3)

Where under subsection (1) the Lieutenant Governor in Council so directs, the proceeds held in trust under that subsection or such portion thereof as the Lieutenant Governor in Council specifies shall be transferred to a revenue account in the Consolidated Fund and treated as general revenue of the government.

Delegation by minister.

7

The minister may delegate to other members of the Executive Council the authority conferred upon him under section 6 to expend money held in trust thereunder.

Audits of vendors' records.

8(1)

The foundation may at any time cause an audit to be made, by the Provincial Auditor or an auditor appointed by the foundation, of such books, records and accounts of any vendor as the foundation deems relevant to a lottery scheme conducted and managed under this Part, for the purpose of determining or verifying,

(a) the amounts and other particulars of any funds received, disbursed or expended by the vendor in connection with the lottery scheme; and

(b) the amount and other particulars of any profit realized by the vendor from or in connection with the lottery scheme.

Access to vendors' records.

8(2)

Where under subsection (1) the foundation requires an audit to be made of the books, records and accounts of a vendor, the vendor shall allow the Provincial Auditor or other auditor who is making the audit free access to the books, records and accounts at all reasonable times for that purpose.

Regulations.

9

For the purpose of carrying out the provisions of this Part according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith; and every regulation made pursuant to, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations

(a) prescribing the form of any lottery scheme to be conducted and managed under this Part;

(b) prescribing the amount and value of each prize to be awarded in the lottery scheme;

(c) prescribing the money or other valuable consideration to be paid to secure a chance to win a prize in the lottery scheme;

(d) prescribing the manner in which lottery tickets, if any, for participation in the lottery scheme are to be sold to the public;

(e) restricting the amount of money to be realized from the lottery scheme.

PART II

LICENSED LOTTERIES

Licensed lotteries.

10

Where pursuant to the provisions of the Criminal Code (Canada) the Lieutenant Governor in Council specifies or designates the foundation as an authority for the issue of licences for the conduct and management of lottery schemes, the foundation may, in accordance with those provisions,

(a) issue any of the licences;

(b) prescribe the terms and conditions to be contained in a licence so issued, relating to the conduct and management of the lottery scheme for which the licence is issued.

Foundation may operate licensed lotteries.

11

Where

(a) a term or condition contained in a licence for the conduct and management of a lottery scheme issued under the Criminal Code (Canada) so provides; or

(b) the holder of such a licence so requests;

the foundation may, for and on behalf of the holder of the licence, operate or manage the lottery scheme to which the licence relates, and may enter into an agreement with the holder of the licence for that purpose.

Proceeds of licensed lotteries.

12

The proceeds realized by the foundation from its operation or management of any lottery scheme under section 11, less the costs and expenses incurred by the foundation in operating or managing the lottery scheme, and less such further amount as the minister deems requisite for the costs of administering this Act, shall, subject to any obligation with respect thereto under an agreement entered into under section 11 with respect to the lottery scheme, be treated in all respects in accordance with section 6.

Audit of vendors records.

13(1)

The foundation may cause an audit to be made, by the Provincial Auditor or an auditor appointed by the foundation, of the books, records and accounts of any vendor in respect of a lottery scheme conducted and managed pursuant to a licence issued under the Criminal Code (Canada) or that may contain information or particulars relating to the lottery scheme.

Access to vendors' records.

13(2)

Where under subsection (1) the foundation causes an audit to be made of the books, records and accounts of a vendor, the vendor shall allow the Provincial Auditor or other auditor who is making the audit, free access to the books, records and accounts at all reasonable times for that purpose.

Regulations.

14(1)

For the purpose of carrying out the provisions of this Part according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith; and every regulation made pursuant to, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations

(a) respecting the locations and premises in which the lottery schemes referred to in this Part may be conducted and managed;

(b) respecting the licensing of locations and premises in which the lottery schemes referred to in this Part may be conducted and managed.

Breach of terms and conditions of licence.

14(2)

Every person who violates or fails to comply with any term or condition of a licence for a lottery scheme issued by the foundation is guilty of an offence and liable, on summary conviction, in addition to any other remedy or action which the foundation may have or take in respect of the violation or failure to comply, to a fine not exceeding $500.

PART III

ADMINISTRATIVE

Board.

15

The affairs of the foundation shall be administered by a board composed of such persons, being not less than nine in number, as may be appointed by the Lieutenant Governor in Council.

Powers of board.

16

For the purpose of administering the affairs of the foundation, the board

(a) has and may exercise the powers of the foundation;

(b) may make rules of procedure for the conduct of the affairs of the foundation;

(c) may make rules concerning the date, time, place and manner of calling, holding and conducting meetings of the board.

Quorum.

17

Five members of the board constitute a quorum at meetings of the board held for the purposes of this Act except section 10, and two members constitute a quorum at meetings of the board held for the purposes of section 10.

Terms of office.

18

Each member of the board shall hold office for a term of two years and thereafter until his successor is appointed.

Chairman and vice-chairman.

19

The Lieutenant Governor in Council shall designate one of the members of the board as chairman and one as vice-chairman, and the vice-chairman shall have the powers and duties of the chairman in the event of the absence or incapacity of the chairman.

Remuneration.

20

The foundation may pay to the members of the board such remuneration for their services as the Lieutenant Governor in Council may approve and such reasonable out-of-pocket expenses as they may incur in the performance of their duties as members of the board.

Agent of Crown.

21

The foundation is an agent of Her Majesty in right of Manitoba.

Statement in Public Accounts.

22

A statement showing, for each fiscal year of the government,

(a) all moneys transferred to and held in trust in the Consolidated Fund under Part I, all moneys expended therefrom and all moneys transferred therefrom to a revenue account; and

(b) all moneys transferred to and held in trust in the Consolidated Fund under Part II and all moneys expended therefrom;

shall be published in the Public Accounts of the government for that fiscal year.

Annual reports to minister.

23(1)

The foundation is responsible to the minister and shall, within six months after the close of each fiscal year of the foundation, submit to the minister a report respecting

(a) the lottery schemes conducted and managed under Part I;

(b) the licences issued by the foundation under Part II and the lottery schemes conducted and managed pursuant thereto;

(c) the lottery schemes operated or managed by the foundation for and on behalf of holders of licences under Part II; and

(d) the general administration of this Act; during the immediately preceding fiscal year.

Form and content of reports.

23(2)

Every report submitted under subsection (1) shall contain an audited statement of the affairs of the foundation for the immediately preceding reporting period and shall otherwise be in such form and contain such information as the minister may require.

Tabling of reports.

23(3)

Each report submitted under subsection (1) shall, within 14 days after it is submitted, be tabled by the minister in the assembly if the Legislature is then in session; but, if the Legislature is not then in session, the report shall be tabled not later than 14 days after the opening of the next ensuing session.

Additional reports.

23(4)

In addition to the reports required under subsection (1), the foundation shall submit to the minister such other reports as he may require.

Records of foundation.

24(1)

The foundation shall keep and maintain or cause to be kept and maintained proper books and records of its affairs and such records and accounts of its finances as the Provincial Auditor may require.

Inspection of records.

24(2)

The books, records and accounts of the foundation shall at all reasonable times be open for inspection by the Provincial Auditor or by some person acting under his authority.

Audit.

25(1)

The accounts of the foundation shall, at least once in each year, be audited and reported on by an auditor, who may be the Provincial Auditor, appointed by the Lieutenant Governor in Council, and the cost thereof shall be paid by the foundation.

Special audits.

25(2)

In addition to the audits required under subsection (1), the Lieutenant Governor in Council or the Provincial Auditor may at any time order an audit of or investigation into the accounts or affairs of the foundation and, where the Lieutenant Governor in Council orders such an audit or investigation, he shall designate the person, who may be the Provincial Auditor, to make the audit or investigation.

Employment of staff.

26

The foundation may employ such employees as it considers necessary to carry out its operations under and to administer this Act, and The Civil Service Act and The Civil Service Superannuation Act and any regulations made thereunder apply to those employees.

Costs of administration.

27(1)

The costs of administering this Act, including the wages and salaries of employees and the remuneration and expenses of the members of the board, and including the costs of conducting and managing the lottery schemes under Part I and the costs of operating or managing lottery schemes under Part II, shall be paid by the foundation from and out of the proceeds of its operations under the Act.

Advances for working capital.

27(2)

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