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REPEALED
Date: April 1, 2014
C.C.S.M. c. L210
The Manitoba Lotteries Corporation Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"board" means the board of the corporation appointed under Part III; (« conseil d'administration »)
"corporation" means The Manitoba Lotteries Corporation continued under this Act; (« Corporation »)
"Gaming Control Commission" means the Gaming Control Commission created by The Gaming Control Act; (« Commission de régie du jeu »)
"lottery scheme" means a lottery scheme within the meaning of the Criminal Code (Canada); (« système de loterie »)
"lottery ticket retailer" means a lottery ticket retailer as defined in section 1 of The Gaming Control Act; (« 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 »)
S.M. 1993, c. 41, s. 3; S.M. 1996, c. 74, s. 79; S.M. 2009, c. 23, s. 28.
The Manitoba Lotteries Corporation, to consist of the persons from time to time appointed as the members of the board, is hereby continued as a body corporate.
GOVERNMENT LOTTERIES
The corporation 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 this section.
R.S.M. 1987 Supp., c. 22, s. 1; S.M. 1993, c. 41, s. 5.
Agreement to incorporate company
Without limiting the generality of section 3, the corporation 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
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
Without limiting the generality of section 3, the corporation 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
From the net proceeds realized by the corporation 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 corporation 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 persons, organizations, societies, associations, bodies or groups, in accordance with general guidelines prescribed by the Lieutenant Governor in Council.
Use for cultural or recreational purposes
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 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;
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
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.
R.S.M. 1987 Supp., c. 22, s. 2 and 3; S.M. 1993, c. 41, s. 5.
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.
The corporation may, at any reasonable time cause to be made, by the Auditor General or an auditor or person appointed by the corporation, such audit or inspection as is reasonably necessary, of
(a) any books, records or accounts of any lottery ticket retailer or any recipient of a grant from the proceeds of the lottery scheme; or
(b) and (c) repealed, S.M. 1996, c. 74, s. 80.
In the course of any audit or inspection under subsection (1), the corporation 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.
Any person who is the subject of an audit or inspection under subsection (1) shall allow the Auditor General, 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).
The corporation 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.
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 corporation 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 corporation may, either itself or by its representative, forcibly eject the person from the premises using only such force as is necessary for the purpose.
8(6) and (7) Repealed, S.M. 1996, c. 74, s. 80.
R.S.M. 1987 Supp., c. 22, s. 4; S.M. 1993, c. 41, s. 5; S.M. 1996, c. 74, s. 80; S.M. 2001, c. 39, s. 31; S.M. 2009, c. 23, s. 28.
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.
Repealed.
S.M. 1993, c. 41, s. 5; S.M. 1996, c. 74, s. 81.
Corporation may operate licensed lotteries
Where
(a) a term or condition contained in a licence for the conduct and management of a lottery scheme issued by the Gaming Control Commission under the Criminal Code (Canada) so provides; or
(b) the holder of such a licence so requests;
the corporation 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.
S.M. 1993, c. 41, s. 6; S.M. 1996, c. 74, s. 82.
Proceeds of licensed lotteries
The proceeds realized by the corporation from its operation or management of any lottery scheme under section 11, less the costs and expenses incurred by the corporation 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.
Repealed.
R.S.M. 1987 Supp., c. 22, s. 5; S.M. 1993, c. 41, s. 7; S.M. 1996, c. 74, s. 83.
Repealed.
R.S.M. 1987 Supp., c. 22, s. 6; S.M. 1996, c. 74, s. 84.
ADMINISTRATIVE
The affairs of the corporation 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.
For the purpose of administering the affairs of the corporation, the board
(a) has and may exercise the powers of the corporation;
(b) may make rules of procedure for the conduct of the affairs of the corporation;
(c) may make rules concerning the date, time, place and manner of calling, holding and conducting meetings of the board.
Five members of the board constitute a quorum at meetings of the board held for the purposes of this Act.
Each member of the board shall hold office for a term of two years and thereafter until his successor is appointed.
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.
The corporation 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.
The corporation is an agent of Her Majesty in right of Manitoba.
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.
The corporation is responsible to the minister and shall, within six months after the close of each fiscal year of the corporation, submit to the minister a report respecting
(a) the lottery schemes conducted and managed under Part I;
(b) repealed, S.M. 1996, c. 74, s. 87;
(c) the lottery schemes operated or managed by the corporation 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.
Every report submitted under subsection (1) shall contain an audited statement of the affairs of the corporation for the immediately preceding reporting period and shall otherwise be in such form and contain such information as the minister may require.
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.
In addition to the reports required under subsection (1), the corporation shall submit to the minister such other reports as he may require.
S.M. 1993, c. 41, s. 7; S.M. 1996, c. 74, s. 87.
The corporation 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 Auditor General may require.
The books, records and accounts of the corporation shall at all reasonable times be open for inspection by the Auditor General or by some person acting under his authority.
S.M. 1993, c. 41, s. 7; S.M. 2001, c. 39, s. 31.
The accounts of the corporation shall, at least once in each year, be audited and reported on by an auditor, who may be the Auditor General, appointed by the Lieutenant Governor in Council, and the cost thereof shall be paid by the corporation.
In addition to the audits required under subsection (1), the Lieutenant Governor in Council or the Auditor General may at any time order an audit of or investigation into the accounts or affairs of the corporation and, where the Lieutenant Governor in Council orders such an audit or investigation, he shall designate the person, who may be the Auditor General, to make the audit or investigation.
S.M. 1993, c. 41, s. 7; S.M. 2001, c. 39, s. 31.
The corporation may employ such persons as it considers necessary to carry out its operations under and to administer this Act.
The Civil Service Act does not apply to the employees of the corporation and The Civil Service Superannuation Act applies to such employees of the corporation as, pursuant to a direction of the Lieutenant Governor in Council under that Act, are deemed to be in the civil service for the purposes of The Civil Service Superannuation Act.
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 corporation from and out of the proceeds of its operations under the Act.
The Minister of Finance with the approval of the Lieutenant Governor in Council may advance to the corporation from and out of the Consolidated Fund such sums as may be required by the corporation for working capital, subject to such terms and conditions as the Lieutenant Governor in Council may prescribe.