BILL 66

Gaming Control Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

PART 1

DEFINITIONS AND PURPOSE

Definitions

1 The following definitions apply in this Act.

“adjudicator” means an adjudicator appointed under section 31. (arbitre)

“board” means the board of directors of the Corporation. (conseil)

“Corporation” means the New Brunswick Lotteries and Gaming Corporation continued under section 3. (Société)

“game of chance” means (jeu de hasard)

(a)  a lottery scheme for which a licence is required, or

(b)  a lottery scheme that is conducted and managed by the New Brunswick Lotteries and Gaming Corporation or other agency of the government of the Province under the authority of paragraph 207(1)(a) of the Criminal Code (Canada).

“gaming event” means an occasion on which a game of chance is played. (activité de jeu)

“gaming premises” means a place that is kept for the playing of games of chance. (lieu réservé au jeu)

“inspector” means an inspector appointed under section 60. (inspecteur)

“licence” means a licence issued under the Criminal Code (Canada), by or under the authority of the Lieutenant-Governor in Council, to conduct and manage a lottery scheme. (licence)

“licensee” means a person to whom a licence has been issued. (titulaire de licence)

“lottery scheme” has the same meaning as in the Criminal Code (Canada). (loterie)

“Minister” means (ministre)

(a)  with respect to Part 2, the Minister of Finance, and

(b)  with respect to any other part of this Act, the Minister of Public Safety.

“person” includes an individual, corporation, organization, association or partnership. (personne)

“registered gaming assistant” means an individual registered as a gaming assistant under this Act. (préposé au jeu inscrit )

“registered supplier” means a person registered as a supplier under this Act. (fournisseur inscrit)

“Registrar” means the Registrar of Gaming Control appointed under section 28. (registraire)

Purpose

2 The purpose of this Act is to

(a)  establish a framework for conducting, managing, controlling and regulating casinos and other gaming premises and lottery schemes so as to contribute to the level of sustainable economic activity within the Province and contribute to the net revenue of the Province,

(b)  ensure that the operation of casinos and other gaming premises and the operation of lottery schemes are conducted with integrity in a transparent, accountable and responsible manner, and

(c)  ensure that any measures taken with respect to casinos and other gaming premises and lottery schemes are undertaken for the public good and in the best interests of the public.

PART 2

NEW BRUNSWICK LOTTERIES AND GAMING CORPORATION

New Brunswick Lotteries and Gaming Corporation

3(1) The Lotteries Commission of New Brunswick, established as a Crown corporation under the Lotteries Act, chapter L-13.1 of the Acts of New Brunswick, 1976, is continued as a body corporate under the name New Brunswick Lotteries and Gaming Corporation, and consists of those persons who from time to time comprise the board of directors.

3(2) The change in the name of the Corporation does not affect the rights and obligations or the assets and liabilities of the Corporation, and all proceedings may be continued or commenced by or against the Corporation under its new name that might have been continued or commenced by or against the Corporation under its former name.

Head office

4 The head office of the Corporation is at the City of Fredericton or such other place in the Province as the Corporation may determine.

Objects of the Corporation

5 The objects of the Corporation are to

(a)  develop, organize, undertake and conduct and manage lottery schemes on behalf of the government of the Province,

(b)  develop, organize, undertake and conduct and manage lottery schemes on behalf of the government of the Province and the government of another province of Canada,

(c)  ensure that lottery schemes conducted and managed by the Corporation are conducted and managed in accordance with the Criminal Code (Canada) and this Act and the regulations, and

(d)  do such other things in respect of lottery schemes as the Lieutenant-Governor in Council may from time to time require.

Agent of Crown

6 The Corporation is for all purposes of this Act an agent of Her Majesty the Queen in right of the Province and the powers of the Corporation may be exercised only as an agent of Her Majesty.

Powers of the Corporation

7 In respect of its objects, the Corporation has the capacity and, subject to this Act, the rights, powers and privileges of a natural person and, without limiting the generality of the foregoing, the Corporation may

(a)  with the approval of the Lieutenant-Governor in Council, develop, organize, undertake, conduct and manage lottery schemes on behalf of the government of the Province or on behalf of the government of the Province and the government of another province of Canada that has an agreement with this Province respecting lottery schemes,

(b)  with the approval of the Lieutenant-Governor in Council, enter into an agreement with a person to operate a casino upon such terms and conditions as the Lieutenant-Governor in Council determines,

(c)  with the approval of the Lieutenant-Governor in Council, enter into an arrangement or agreement to develop, organize, undertake, conduct and manage lottery schemes on behalf of the government of another province of Canada or any agencies of any of them,

(d)  with the approval of the Lieutenant-Governor in Council, enter into and carry out agreements with a government of another province of Canada, or an agency of such government, to incorporate a body corporate to undertake, conduct and manage a lottery scheme on behalf of the parties to the agreement, and

(e)  do such other things as the Corporation may consider necessary in respect of lottery schemes.

Agreements with others to conduct and manage lottery schemes

8 Where pursuant to an agreement entered into under the authority of paragraph 7(d), a body corporate has been incorporated, the Corporation, with the approval of the Lieutenant-Governor in Council,

(a)  may enter into an agreement with the other governments concerned, whereby the body corporate may be designated as and become an agency of Her Majesty the Queen in right of the Province and of the other governments for the purpose of conducting and managing a lottery scheme in this Province and the other provinces, and

(b)  may enter into an agreement with the body corporate, whereby the body corporate may be designated as and become an agency of Her Majesty the Queen in right of the Province for the purpose of conducting and managing a lottery scheme in this Province.

Responsible gaming policy

9(1) The Corporation shall adopt and implement a responsible gaming policy which shall include initiatives relating to the education of the public with respect to responsible gaming.

9(2) Before adopting and implementing the responsible gaming policy, the Corporation shall submit the policy to the Lieutenant-Governor in Council for approval, and shall not make any changes to the policy without the prior approval of the Lieutenant-Governor in Council.

9(3) Where applicable, a body corporate incorporated pursuant to paragraph 7(d) shall comply with the responsible gaming policy approved by the Lieutenant-Governor in Council and adopted by the Corporation.

Board of directors

10(1) The business and affairs of the Corporation shall be administered by a board of directors which shall consist of the Minister of Finance, the Deputy Minister of Finance and two senior civil servants appointed by the Lieutenant-Governor in Council.

10(2) Three members of the board constitute a quorum.

10(3) A vacancy on the board does not impair the capacity of the board to act.

Chairperson and Vice-Chairperson

11 The Minister of Finance shall be the Chairperson of the board and the Deputy Minister of Finance shall be the Vice-Chairperson of the board.

Effect of appointment of Minister to board

12 The appointment of the Minister to the board shall not render him or her ineligible or disqualify him or her from sitting or voting in the Legislative Assembly by reason of being a member of the board or by reason of any dealing with the Corporation.

Property acquired by the Corporation

13 Property acquired by the Corporation is the property of Her Majesty the Queen in right of the Province and title to the property may be vested in the name of Her Majesty or in the name of the Corporation.

Operating expenses

14 The cost of operating the Corporation shall be paid out of the revenues of the Corporation.

Fiscal year

15 The fiscal year of the Corporation begins on April 1 in one year and ends on March 31 in the next year.

Budget

16 The Corporation shall, before December 31 in each year, prepare and submit a proposed budget to the Minister, containing the estimates of the amount required for the operation of the Corporation for the next fiscal year.

Advancement of money by Minister

17 The Minister may pay or advance to the Corporation from time to time as required by it, amounts necessary for the attainment of its objects.

Audit by Auditor General

18 The accounts of the Corporation shall be audited at least once a year by the Auditor General.

Books of account

19 The Corporation shall keep such books of account as the Minister may require.

Reporting

20(1) Not later than October 31 in each year, the Corporation shall submit to the Minister an annual report on the business and affairs of the Corporation for the previous fiscal year.

20(2) The annual report shall contain the auditor’s report, be in a form acceptable to the Minister and provide the particulars that the Minister requires.

20(3) The Minister shall lay the annual report before the Legislative Assembly if it is in session or, if not, at the next ensuing session.

20(4) The Corporation shall provide to the Minister such information in respect of the business and affairs of the Corporation as the Minister may request from time to time.

By-laws

21 The board of directors may, subject to the approval of the Lieutenant-Governor in Council, make by-laws for the control and management of the business and affairs of the Corporation.

Profits of Corporation

22 Subject to this Act, the profits of the Corporation shall be paid into the Consolidated Fund at such time and in such manner as is prescribed by regulation.

Payment to trust funds

23 Each year the Corporation shall, from its revenues, pay

(a)  to the Arts Development Trust Fund, the amount prescribed by regulation, and

(b)  to the Sport Development Trust Fund, the amount prescribed by regulation.

Agreements with bands

24(1) The following definitions apply in this section.

“band” means a band as defined in the Indian Act (Canada) that is authorized to enter into an agreement under subsection (2). (bande)

“reserve” means a reserve, as defined in the Indian Act (Canada), as the reserve exists on the date the agreement with respect to such reserve is or was entered into under subsection (2) and includes any addition to the reserve described in any amendments to the agreement. (réserve)

24(2) Notwithstanding any other provision in this Act or any provision in the regulations under this Act or any other agreement under this Act, the Minister may, on behalf of Her Majesty the Queen in right of the Province, enter into an agreement with a band with respect to the establishment by the band of a gaming commission for the purpose of licensing and regulating lottery schemes on the band’s reserve and with respect to the conduct, management and operation of any lottery scheme on the band’s reserve.

24(3) The parties to an agreement under subsection (2) may amend the agreement for the purpose of applying the agreement to any addition to the reserve described in the amendment.

24(4) An agreement under subsection (2) may be amended, terminated or cancelled in accordance with this section and the terms and conditions in the agreement.

24(5) Where an agreement entered into under subsection (2) is in force and there is no breach of any of its terms or conditions,

(a)  the Minister may pay to the band out of the Consolidated Fund the cost of any breakopen tickets for use in a lottery scheme on the band’s reserve that are purchased by the band from a supplier approved by the Corporation, less the costs of the supplier with respect to such tickets, and

(b)  the Corporation may pay to the band the difference between the net profits of the Corporation, after provision for prizes and the payment of expenses, from a lottery scheme on the band’s reserve that utilizes video gaming devices and 5% of the net profits, after provision for prizes and the payment of expenses, from such lottery scheme.

Availability of information from other agencies

25 A body corporate incorporated pursuant to an agreement made pursuant to paragraph 7(d) shall make its auditor’s report and the working papers used in the preparation of the report available to the Auditor General.

Regulations

26 The Lieutenant-Governor in Council may make regulations

(a)  regulating lottery schemes conducted and managed by the Corporation or any other agency of the government of the Province;

(b)  prescribing the conditions and qualifications to entitlement to prizes in any lottery scheme conducted and managed by a body referred to in paragraph (a);

(c)  respecting the amounts and values of prizes and the terms and conditions to be attached to the awarding of prizes in a lottery scheme conducted and managed by a body referred to in paragraph (a);

(d)  respecting the consideration to be paid or given to secure a chance to win prizes in a lottery scheme conducted and managed by a body referred to in paragraph (a);

(e)  respecting the fees or commissions that may be paid to a person in respect of the distribution or sale of tickets or other chances in any lottery scheme conducted and managed by a body referred to in paragraph (a);

(f)  respecting the manner in which tickets or other chances in any lottery schemes conducted and managed by a body referred to in paragraph (a) are to be sold or made available to the public;

(g)  respecting agreements entered into by the Corporation or any other agency referred to in paragraph (a);

(h)  prescribing the time and manner that the profits of the Corporation are to be paid into the Consolidated Fund;

(i)  prescribing amounts to be paid into trust funds by the Corporation;

(j)  respecting any matter or thing the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the intent and purposes of this Part.

PART 3

GAMING CONTROL

Division A

Gaming Control Authority

Establishment of Gaming Control Branch

27 There is established within the Department of Public Safety a branch to be known as the Gaming Control Branch.

Registrar of Gaming Control

28(1) There shall be a Registrar of Gaming Control, who shall be an employee in the Department of Public Safety and who shall be appointed by the Lieutenant-Governor in Council.

28(2) The Registrar of Gaming Control

(a)  has the supervision and direction of the work of employees in the Gaming Control Branch,

(b)  may engage such professionals, technical or other experts or other persons to advise him or her on any matter upon such terms and conditions as the Minister considers appropriate,

(c)  shall advise the Minister of any urgent, critical or relevant matters that are likely to require action by the Minister to ensure that this Act is administered properly, and

(d)  shall advise the Minister on any matter the Minister may refer to the Registrar relating to the administration of this Act.

Delegation by Registrar

29 The Registrar may appoint one or more Deputy Registrars and may delegate his or her powers or duties to the Deputy Registrars, to any person employed in the Gaming Control Branch or to a person engaged under paragraph 28(2)(b), subject to any conditions set out in the delegation.

Security clearances

30(1) The Registrar, the Deputy Registrars and all employees who work in the Gaming Control Branch, before commencing employment, shall supply such information and be subject to such investigation and security clearances as the Minister determines.

30(2) The Registrar, the Deputy Registrars and all employees in the Gaming Control Branch, as a term of their appointment, shall supply such information and be subject to such investigation and security clearances as the Minister may determine.

Adjudicators

31(1) The Lieutenant-Governor in Council shall appoint persons to act as adjudicators for the purpose of conducting hearings under this Act.

31(2) Before a person is appointed an adjudicator, he or she shall supply such information and be subject to such investigation and security clearances as the Minister determines.

31(3) An adjudicator, as a term of his or her appointment, shall supply such information and be subject to such investigation and security clearances as the Minister may determine.

31(4) An adjudicator shall be paid such remuneration for his or her services and such reimbursement for his or her expenses as the Lieutenant-Governor in Council determines.

Hearings

32(1) Where a hearing is requested under this Act, the Minister shall appoint an adjudicator to conduct the hearing from a list of the names of persons who have been appointed adjudicators by the Lieutenant-Governor in Council for the purposes of this Act.

32(2) The Registrar, the person who requested the hearing and such other persons as the adjudicator may specify are parties to the hearing.

32(3) An adjudicator shall give notice of the hearing to the parties in the manner he or she considers appropriate.

32(4) An adjudicator has jurisdiction to determine all questions of fact and law that arise in matters before him or her.

32(5) An adjudicator may determine the manner and form of the hearing, whether in person, by written submissions or other form.

32(6) Each party to the hearing shall ensure that information or documentation held by any party that is relevant to the hearing is exchanged between the parties at least 5 days before the hearing.

32(7) An adjudicator is not bound by the rules of evidence that apply to a court proceeding.

32(8) An adjudicator has the power to administer oaths and affirmations for the purposes of a hearing.

32(9) An adjudicator has, for the purposes of a hearing, all the powers, privileges and immunities of a commissioner under the Inquiries Act.

Division B

Authorized lottery schemes

Prohibition re: lottery schemes

33 No person, other than the government of the Province or an agency of the government or a person otherwise authorized or licensed by or under the authority of the Lieutenant-Governor in Council pursuant to the Criminal Code (Canada), shall conduct or manage a lottery scheme.

Licensing of lottery schemes

34(1) Upon application in accordance with the regulations, the Registrar or any other person or authority may, where authorized by the Lieutenant-Governor in Council pursuant to paragraph 207(1)(b), (c), (d) or (f) of the Criminal Code (Canada), issue licences for a lottery scheme.

34(2) A licence is subject to such terms and conditions as may be prescribed by the regulations, or as may be imposed by the Registrar or the other person or authority who issues the licence.

34(3) An applicant for a licence shall pay such fee upon application as may be prescribed by the regulations.

34(4) Where there is a conflict between a term or condition of a licence prescribed by regulation or a term or condition imposed by the Registrar or other person or authority, the term or condition prescribed by regulation prevails.

Division C

Registration of suppliers and gaming assistants

Restrictions on suppliers

35(1) In this section, “services” include

(a)  the providing of gaming premises,

(b)  the providing of management or consulting services with respect to the playing of games of chance,

(c)  the supplying of the services of a person who, for consideration, participates in or facilitates in any manner the playing of a game of chance,

(d)  the making, fabricating, printing, distributing or otherwise supplying of materials or equipment for the playing of games of chance, and

(e)  the providing of services relating to the construction, maintenance, repair, surveillance and security equipment or business of a casino.

35(2) A person who is required by the regulations to be registered as a supplier shall not provide goods or services with respect to the playing or operating of a lottery scheme for which a licence is required or hold out as providing those goods or services unless

(a)  the person is registered as a supplier, and

(b)  the person is providing those goods and services to a licensee or a registered supplier.

35(3) A person who is required by the regulations to be registered as a supplier shall not provide goods or services with respect to a lottery scheme conducted and managed by the Corporation or other agency of the government of the Province unless

(a)  the person is registered as a supplier, and

(b)  the person is providing those goods and services to the Corporation, the other agency or a registered supplier.

35(4) In addition to any provision of the Industrial Relations Act, a trade union within the meaning of that Act shall not represent persons employed in a casino unless the trade union and such of its officers, officials and agents, as are prescribed by the regulations, are registered suppliers.

Restriction on gaming assistants

36(1) A person who is required by the regulations to be registered as a gaming assistant shall not participate in or facilitate in any manner the playing or operating of a game of chance unless

(a)  the person is registered as a gaming assistant, and

(b)  the person is supplying those services to a registered supplier as named in the gaming assistant’s registration.

36(2) Subsection (1) does not apply to a registered supplier when acting in accordance with this Act, the regulations and the terms of his or her registration.

36(3) Only an individual is eligible to be a registered gaming assistant.

36(4) No person shall use or provide the services of another person who is required to be registered as a gaming assistant unless

(a)  the person is a registered supplier, and

(b)  the person who is required to be registered as a gaming assistant is a registered gaming assistant of the person.

Registration or renewal

37(1) Upon application in accordance with the regulations, the Registrar may register or renew the registration of a person who has attained the age of 19 years as a supplier or as a gaming assistant, and shall issue a certificate of registration to the person.

37(2) An applicant shall supply to the Registrar such information with respect to the application, including information relating to personal identification, as the Registrar determines or the regulations prescribe and in such form as the Registrar determines or the regulations prescribe.

37(3) The Registrar may make such other decisions as he or she considers necessary with respect to the making of an application.

Person deemed interested in another person

38 For the purpose of sections 39 to 41, a person is deemed to be interested in another person if

(a)  that person has, or the Registrar on reasonable grounds believes that that person has, a beneficial interest in the business of the other person,

(b)  that person exercises control, or the Registrar on reasonable grounds believes that that person exercises control, either directly or indirectly, over the business of the other person, or

(c)  that person has provided financing, or the Registrar on reasonable grounds believes that that person has provided financing, either directly or indirectly, to the business of the other person.

Inquiries and investigations by Registrar

39(1) The Registrar may make such inquiries and conduct such investigations into the honesty and integrity, past conduct, financial history and competence of an applicant for registration or renewal of registration, a registrant or a person interested in the applicant or registrant, as are necessary to determine whether the applicant meets the requirements of this Act and the regulations.

39(2) Where an applicant or registrant is a corporation or a partnership, the Registrar may make inquiries into or conduct investigations of the officers, directors or partners of the applicant or registrant.

39(3) An applicant or registrant shall pay the reasonable costs of the inquiries or investigations required by this section or provide security to the Registrar in a form acceptable to the Registrar for the payment.

39(4) The Registrar may require information or material from any person who is the subject of the inquiries or investigations required by this section and may request information or material from any person whom the Registrar has reason to believe can provide information or material relevant to the inquiries or investigations.

39(5) The Registrar may require that any information provided under subsection (4) be verified by statutory declaration.

Grounds for refusal to register supplier

40 The Registrar shall refuse to register an applicant as a supplier or to renew the registration of an applicant as a supplier if

(a)  there are reasonable grounds to believe that the applicant will not be financially responsible in the conduct of the business, having regard to the financial history of

(i) the applicant or persons interested in the applicant, or

(ii) the officers, directors or partners of the applicant or, in the case of an applicant that is a corporation or partnership, persons interested in those officers, directors or partners,

(b)  there are reasonable grounds to believe that the applicant will not act as a supplier in accordance with the law, with honesty and integrity or in the public interest, having regard to the past conduct of

(i) the applicant or persons interested in the applicant,

(ii) the officers, directors or partners of the applicant or, in the case of an applicant that is a corporation or partnership, persons interested in those officers, directors or partners, or

(iii) in the case of an applicant that is a trade union within the meaning of the Industrial Relations Act and that has been certified to represent persons employed in a casino, the officers, officials or agents of the applicant, or such other persons as are prescribed by the regulations,

(c)  the applicant is carrying on activities that are, or will be if the applicant is registered, in violation of this Act, the regulations or the terms of the registration, or

(d)  the applicant fails to disclose information or material required by the Registrar to conduct inquiries or investigations pursuant to this Act or the regulations.

Grounds for refusal to register gaming assistant

41 The Registrar shall refuse to register an applicant as a gaming assistant or to renew the registration of an applicant as a gaming assistant if

(a)  there are reasonable grounds to believe that the applicant will not act as a gaming assistant in accordance with the law, with honesty and integrity or in the public interest, having regard to the past conduct of the applicant or persons interested in the applicant,

(b)  the applicant is carrying on activities that are, or will be, if the applicant is registered, in violation of this Act, the regulations or the terms of the registration, or

(c)  the applicant fails to disclose information or material required by the Registrar to conduct inquiries or investigations pursuant to this Act or the regulations.

Terms of registration

42 A registration is subject to such terms to give effect to the purposes of this Act as the Registrar proposes to impose and the applicant consents to or the regulations prescribe.

Proposed suspension or revocation of registration

43(1) The Registrar may propose to suspend or to revoke a registration for any reason that would disentitle the registrant to registration or renewal of registration under section 40 or 41 if the registrant were an applicant.

43(2) Where a registrant violates or fails to comply with this Act or the regulations, or the terms of his or her registration, the Registrar may suspend or revoke the certificate of registration of the registrant or require, for its maintenance, renewal or reinstatement, that the registrant fulfil the conditions the Registrar may require.

Process re: refusal, suspension or revocation

44(1) Where the Registrar refuses to grant or renew a registration or proposes to suspend or revoke a registration, the Registrar shall serve notice of the proposed order, together with written reasons, on the applicant or registrant.

44(2) The notice of a proposed order shall inform the applicant or registrant, as the case may be, that the person is entitled to a hearing before an adjudicator.

44(3) To request a hearing, the person shall serve a written request on the Registrar and the Minister within 15 days after the Registrar serves the notice of the proposed order.

44(4) The Registrar may make the proposed order if the person does not request a hearing within the time permitted by subsection (3).

44(5) After holding a hearing, the adjudicator may, by order,

(a)  confirm or set aside the proposed order, or

(b)  direct the Registrar to take such action as the adjudicator considers the Registrar ought to take to give effect to the purposes of this Act.

44(6) In making an order under subsection (5), the adjudicator may substitute his or her opinion for that of the Registrar.

44(7) The adjudicator may attach such terms to an order or to a registration as he or she considers appropriate.

Immediate suspension of registration

45(1) The Registrar may, by order, suspend a registration without serving a proposed order under section 44 if the Registrar considers it to be necessary in the public interest.

45(2) The Registrar shall serve a copy of the order made, together with written reasons for it, on the registrant and the order is effective immediately upon being served.

45(3) Subsections 44(2), (3), (5), (6) and (7) apply to the order in the same way as to a proposed order under that section.

45(4) Where the registrant requests a hearing, the order expires on the day the order of the adjudicator takes effect.

45(5) Where the Registrar makes an order under this section with respect to a registrant before a hearing is held under section 44 with respect to a notice of a proposed order that the Registrar has served on the registrant, the adjudicator may hold only one hearing to deal with both the order made and the proposed order.

Continuation of registration

46 Where within the time prescribed by the regulations or, where no time is prescribed, before the expiry of the registrant’s registration, a registrant applies in accordance with the regulations for renewal of registration and pays the fee set out in the regulations, the registration shall be deemed to continue

(a)  if the Registrar grants the renewal, until the renewal is granted,

(b)  if the Registrar refuses to grant the renewal and the registrant does not request a hearing under section 44, until the time for requesting a hearing has expired, or

(c)  if the Registrar refuses to grant the renewal and the registrant requests a hearing under section 44, until the adjudicator has made his or her order.

Cancellation of registration on request

47 The Registrar may cancel a registration upon the request in writing of the registrant and section 44 does not apply.

Waiting period after refusal or revocation

48(1) No person who is refused registration, who is refused renewal of a registration or whose registration is revoked may apply to the Registrar for registration until at least 2 years have passed since the refusal or revocation.

48(2) No person whose registration is suspended may apply to the Registrar for registration during the suspension.

48(3) Notwithstanding section 44, the Registrar may, without giving written reasons, reject an application made after the time period specified in subsection (1) if, in the opinion of the Registrar, the application discloses no substantial new evidence or no material change in circumstances since the refusal, revocation or suspension took effect.

Division D

Regulation of registrants

Change of address for service

49 Every registered supplier and registered gaming assistant shall, not later than 5 days after the change, serve the Registrar with a written notice of any change in address for service.

Disclosure of change in officers or directors

50(1) Within 5 days after any change in the officers or directors of a corporation that is a registered supplier or in the membership of a partnership that is a registered supplier, the corporation or partnership, as the case may be, shall disclose the change by filing a disclosure with the Registrar.

50(2) No director, officer or member of a supplier in respect of whom a notice is given under subsection (1) shall exercise any authority with respect to the operation of the supplier unless the Registrar has approved the change.

Notice of charges or convictions

51 Every registered supplier or registered gaming assistant shall notify the Registrar if the supplier, including any of its officers, directors or partners, or a person deemed to be interested in the supplier or the gaming assistant, as the case may be, has been charged or convicted of any offence in any jurisdiction within 15 days after such charge or conviction.

Name to be used by registered supplier

52 No registered supplier shall provide goods or services under a name other than the name under which the supplier is registered.

Gaming premises supplied by registered supplier

53 No registered supplier shall provide goods or services to gaming premises except at a place that is named in the supplier’s registration.

Restriction on services

54(1) No registered supplier or registered gaming assistant shall provide goods or services related to the conduct, management or operation of gaming events, other than those goods or services prescribed by the regulations.

54(2) A registered supplier or registered gaming assistant who provides goods or services in relation to a gaming event shall ensure that the goods or services do not violate the requirements or standards prescribed by the regulations or, in the case of a licensed lottery scheme, the terms and conditions of the licence for the lottery scheme.

Gaming premises

55(1) A registered supplier who provides gaming premises shall ensure that the premises is operated in accordance with this Act, the regulations and the terms of the supplier’s registration and, in the case of a licensed lottery scheme, the licence for any gaming event held in the premises.

55(2) A registered gaming assistant who is managing gaming premises shall ensure that the premises is operated in accordance with this Act, the regulations, the terms of the registration of the supplier of the premises, the terms of the gaming assistant’s registration and, in the case of a licensed lottery scheme, the licence for any gaming event held in the premises.

Inducing breach of licence

56 No registered supplier or registered gaming assistant shall induce or cause or attempt to induce or cause any breach of the terms or conditions of a licence.

Inducing breach of contract

57 No registered supplier or registered gaming assistant shall induce or attempt to induce any party to a contract for gaming services to break the contract for the purpose of entering into another contract for gaming services.

Records of registered suppliers

58(1) Every registered supplier shall keep such records as are prescribed by the regulations with respect to each gaming premises named in the supplier’s registration and with respect to each gaming event for which the supplier provides goods or services.

58(2) Every registered supplier shall keep financial records in such form and containing such information as is prescribed by the regulations.

58(3) Every registered supplier shall keep the records required under this Act in New Brunswick at the business premises identified in the supplier’s application for registration.

58(4) Notwithstanding subsection (3), the Registrar, upon a request in writing, may authorize the records to be kept at any other location on such terms as the Registrar may impose.

PART 4

ENFORCEMENT

Facilitating inspection

59 It is a term of registration of every registered supplier and registered gaming assistant that he or she shall facilitate inspections under this Part.

Inspections

60(1) The Minister may appoint any person to be an inspector for the purpose of determining whether there is compliance with this Act, the regulations, the terms and conditions of a licence or the terms of a registration.

60(2) The Minister shall issue to every inspector a certificate of appointment bearing the Minister’s signature or a facsimile of it.

60(3) Police officers and members of the Royal Canadian Mounted Police, by virtue of their office, are inspectors for the purposes of this Act and the regulations, but subsection (2) does not apply to them.

60(4) Every inspector who exercises powers under this Act shall, upon request, produce the certificate of appointment as an inspector or identification as a police officer or a member of the Royal Canadian Mounted Police, as the case may be.

Definition of “record”

61 In sections 62 to 64, “record” includes a book of account, bank book, voucher, invoice, receipt, contract, correspondence and any other document, regardless of whether the record is on tape or is in electronic, photographic or other form.

Powers of inspector

62(1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may

(a)  enter a gaming premises and any other place that is being used in relation to a gaming event by a licensee, a registered supplier or a registered gaming assistant, if the inspector believes on reasonable grounds that the records or other things relevant to the inspection are located in that place,

(b)  inquire into all financial transactions, records and other matters that are relevant to an inspection,

(c)  demand the production for inspection of anything relevant to the inspection, including things used in playing games of chance, records and cash,

(d)  inspect anything relevant to the inspection, including things used in the playing of games of chance, records and cash, and

(e)  conduct such tests as are reasonably necessary for the inspection.

62(2) For the purpose of carrying out an inspection, an inspector shall not exercise a power to enter a place that is being used as a dwelling, except with the consent of an occupant or under the authority of an entry warrant issued under the Entry Warrants Act.

62(3) An inspector may call upon any expert for such assistance as the inspector considers necessary in carrying out an inspection.

62(4) An inspector shall exercise the powers mentioned in subsection (1) only during normal business hours for the place that the inspector has entered.

62(5) A demand made under paragraph (1)(c) shall be in writing and shall include a statement of the nature of the things required.

62(6) If an inspector makes a demand under paragraph (1)(c), the person having custody of the things shall produce them to the inspector within the time specified by the inspector.

Removal of documents

63(1) An inspector may remove records from a premises for the purposes of section 62 and may make a copy or extract of them or any part of them and shall give a receipt to the occupier for the records so removed.

63(2) Where records are removed from a premises, they shall be returned to the occupier as soon as possible after the making of the copies or extracts.

63(3) A copy or extract of any record related to an examination and purporting to be certified by an inspector is admissible in evidence in any hearing, action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the person purporting to have certified the copy or extract.

63(4) A copy, certified by an inspector as a copy made under subsection (3), is admissible in evidence to the same extent, and has the same evidentiary value, as the thing copied.

63(5) For the purpose of carrying out an inspection, an inspector may use any data storage, processing or retrieval device or system belonging to the persons being inspected, in order to produce a record in readable form.

Information to be provided

64(1) Every person shall furnish an inspector with such information that the inspector reasonably requires for the purposes of section 62.

64(2) A person who is required to produce a record for an inspector shall, on request, provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce the record in a readable form.

Obstruction

65(1) No person shall obstruct or interfere with an inspector in the carrying out of his or her duties under this Act or the regulations.

65(2) A refusal of consent to enter a private dwelling is not and shall not be deemed to be interfering with or obstructing within the meaning of subsection (1), except where an entry warrant has been obtained.

Freeze orders

66(1) The Registrar may order a person who holds money or other assets on behalf of another person to retain the money or assets if

(a)  an individual makes a statutory declaration to the Registrar in which the individual alleges, setting out facts supporting the allegation, that the person on whose behalf the money or assets are held,

(i) has violated, is violating or is about to violate this Act or the regulations,

(ii) is subject to criminal proceedings or proceedings in relation to a violation of any Act that are connected with or arise out of doing things for which registration is required under this Act, or

(iii) is the subject of an investigation under this Act, and

(b)  the Registrar, based on the statutory declaration, finds reasonable grounds to believe that the interests of the person on whose behalf the money or assets are held require protection.

66(2) Where the Registrar believes on reasonable grounds that it is advisable to make an order to ensure that a licensee uses money or assets in accordance with the terms of a licence, the Registrar may

(a)  order the licensee who holds the money or assets, or the person who holds the money or assets of the licensee on behalf of the licensee, to retain the money or assets so held, or

(b)  order the licensee to refrain from withdrawing the money or assets that another person holds on behalf of the licensee.

66(3) An order made under this section takes effect immediately upon being served on the person against whom it is made.

66(4) An order made against a bank, a loan or trust company or other financial institution applies only to the office, branch or agency named in the order.

66(5) A person ordered to hold money or assets under this section shall hold the money or assets in trust for the beneficial owner until the Registrar revokes or varies the order or the court makes an order under section 67.

66(6) The Registrar may vary or revoke an order made under this section and may require that the person, whose money or assets are subject to the order, file with the Registrar a form of security acceptable to the Registrar in an amount acceptable to the Registrar.

Release orders

67(1) If the Registrar has made an order under section 66, any party, on notice to the other parties, may make an application to The Court of Queen’s Bench of New Brunswick for an order concerning the disposition of the money or assets.

67(2) The parties to an application are

(a)  the Registrar,

(b)  the person whose money or assets are the subject of the order,

(c)  any person against whom the order is made, and

(d)  any other person specified by the court.

67(3) On hearing the application, the court may direct the disposition of the money or assets, set aside or vary the Registrar’s order, or make any other order it considers appropriate.

Proposed order for compliance

68(1) The Registrar may propose to make an order that a person stop violating this Act and the regulations or not violate this Act or the regulations if

(a)  an individual makes a statutory declaration to the Registrar in which the individual alleges, setting out facts that support the allegation, that the person is violating, has violated or is about to violate this Act or the regulations, and

(b)  the Registrar, based on the statutory declaration, finds reasonable grounds to believe the allegation.

68(2) The Registrar shall serve notice of the proposed order together with written reasons for it on each person to be named in the order.

68(3) The notice of the proposed order shall inform each person receiving it that the person is entitled to request a hearing by an adjudicator.

68(4) To request a hearing, the person shall serve a written request on the Registrar and the Minister within 15 days after the Registrar serves the notice of the proposed order.

68(5) The Registrar may make the proposed order if the person does not request the hearing within the allowed time.

Immediate order for compliance

69(1) The Registrar may order a person to stop violating this Act or the regulations or to not violate this Act or the regulations without serving a proposed order under section 68 if

(a)  an individual makes a statutory declaration to the Registrar in which the individual alleges, setting out facts which support the allegation, that the person is violating, has violated or is about to violate this Act or the regulations,

(b)  the Registrar, based on the statutory declaration, finds reasonable grounds to believe the allegation, and

(c)  the Registrar believes it necessary to make an immediate order to protect the public.

69(2) The Registrar shall serve a copy of the order made together with written reasons for it on each person named in it and the order takes effect immediately upon being served.

69(3) The copy shall inform each person receiving it that the person is entitled to a hearing by an adjudicator.

69(4) To request a hearing, the person shall serve a written request on the Registrar and the Minister within 15 days after the Registrar serves the copy of the order.

69(5) If a person requests a hearing, the order expires on the day the order of the adjudicator takes effect.

If hearing requested

70(1) If a person requests a hearing under section 68 or 69, the adjudicator shall schedule and hold the hearing without delay.

70(2) The adjudicator may by order

(a)  confirm or set aside a proposed order of the Registrar, or

(b)  order the Registrar to take such action as the adjudicator considers the Registrar ought to take to give effect to the purposes of this Act.

70(3) In making an order, the adjudicator may substitute his or her opinion for that of the Registrar.

70(4) The adjudicator may attach any terms to the order that he or she considers proper to give effect to the purposes of this Act.

Court order for compliance

71(1) If a person fails to comply with the order of the Registrar or adjudicator made under this Act, the Registrar may, in addition to any other rights, make an application to a judge of The Court of Queen’s Bench of New Brunswick for an order directing the person to comply with the Registrar’s or adjudicator’s order.

71(2) On hearing the application, the judge may make such order as he or she thinks fit.

71(3) An appeal lies to The Court of Appeal of New Brunswick from the judge’s order.

Monetary penalties

72(1) The Registrar may, with the approval of the Minister, establish a schedule of monetary penalties that may be imposed with respect to the violation of or failure to comply with any provision of this Act or the regulations, other than Part 2 or the regulations made under that Part.

72(2) A monetary penalty imposed pursuant to subsection (1) shall not exceed $5000 in the case of an individual or $50,000 in the case of any other person.

72(3) The Registrar may impose monetary penalties set out in the schedule established under subsection (1).

72(4) In deciding to impose a monetary penalty, the Registrar shall have regard to the guidelines, if any, governing the imposition of such penalties as may be established by the Minister.

72(5) A person on whom a monetary penalty is imposed may appeal the penalty by serving a written request on the Minister with a copy to the Registrar within 15 days after the penalty is imposed, in which case a hearing shall be held in accordance with section 32.

72(6) The adjudicator holding the hearing may confirm the monetary penalty or set it aside.

72(7) A decision of the adjudicator under subsection (6) is final.

Collection of monetary penalty

73(1) Where a person on whom a monetary penalty has been imposed under section 72 has failed to pay the penalty within the time required, the Registrar may so certify and may issue a certificate stating the amount so due and payable and the name of the person by whom the same is due and payable.

73(2) A certificate referred to in subsection (1) may be issued upon the expiration of 30 days after the mailing of a registered letter demanding payment.

73(3) A certificate issued under subsection (1) may be filed in The Court of Queen’s Bench of New Brunswick, and shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as a judgment obtained in the Court by Her Majesty the Queen in right of the Province against the person named in the certificate for a debt of the amount specified in the certificate.

73(4) All reasonable costs and charges attendant upon the filing, entering and recording of the certificate shall be recovered in like manner as if those amounts had been included in the certificate.

Offences

74(1) Every person commits an offence if the person

(a)  knowingly furnishes false information in any application under this Act or in any statement or return required to be furnished under this Act or the regulations,

(b)  violates or fails to comply with any order made under this Act or the regulations,

(c)  being a registered supplier, violates or fails to comply with a term of registration, or

(d)  violates or fails to comply with a provision of the regulations that is prescribed as an offence by the regulations.

74(2) Every person commits an offence who violates or fails to comply with section 33, subsection 35(2), (3) or (4), subsection 36(1) or (4), section 49, subsection 50(1) or (2), section 51, 52 or 53, subsection 54(1) or (2), subsection 55(1) or (2), section 56 or 57, subsection 58(1), (2) or (3), subsection 64 (1) or (2) or subsection 65(1) .

Penalties

75(1) An individual convicted of an offence under this Act or the regulations is liable to a fine of not more than $50,000.

75(2) A person other than an individual convicted of an offence under this Act or the regulations, other than an offence with respect to section 49, is liable to a fine of not more than $500,000.

75(3) A person other than an individual who is convicted of an offence with respect to section 49 is liable to a fine of not more than $50,000.

Limitation period

76(1) No proceeding under paragraph 74(1)(a) shall be commenced more than 2 years after the facts upon which it is based first came to the knowledge of the Registrar.

76(2) No proceeding under paragraph 74(1)(b), (c) or (d) or subsection 74(2) shall be commenced more than 2 years after the time when the subject matter of the proceeding arose.

PART 5

GENERAL

Administration of Act

77(1) Subject to subsection (2), this Act shall be administered by the Minister of Public Safety.

77(2) Part 2 of this Act shall be administered by the Minister of Finance.

77(3) Notwithstanding the Executive Council Act, the administration of Part 2 of this Act and the remaining parts of this Act shall not be assigned to the same member of the Executive Council.

Costs of administration

78 The cost of administering this Act shall be paid by the Corporation out of the proceeds of the Corporation.

Act binds Crown

79 This Act binds the Crown.

Register

80(1) The Registrar shall keep a register listing the names, addresses and purpose of all licences and certificates of registration issued by the Registrar.

80(2) The register shall be open to inspection at the Minister’s office during normal business hours.

80(3) The Registrar shall make available to the public, in such form as the Registrar determines, a list of all persons registered under this Act.

Method of filing

81 Where this Act or the regulations require that material be filed, the filing shall be effected, unless provided otherwise in this Act or in the regulations, by depositing the material, or causing it to be deposited, with the Registrar.

Forms

82 Any form that is required to be provided or filed under the Act or regulations shall be in such form as provided by the Registrar.

Certificate as evidence

83(1) The Registrar may issue a signed certificate that contains information respecting

(a)  the registration or non-registration of any person,

(b)  the filing or non-filing of any document or material required or permitted to be filed,

(c)  any other matter pertaining to such registration, non-registration, filing or non-filing, or to any such person, document or material, or

(d)  the date the facts upon which any proceedings are to be based first came to the knowledge of the Registrar.

83(2) The certificate is, without proof of the office or signature of the person certifying, admissible in evidence, so far as is relevant, for all purposes in any hearing, action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the facts stated in the certificate.

83(3) Where the name of the person referred to in the certificate is that of an accused, the statement is, in the absence of evidence to the contrary, proof that the person named in the certificate is the accused.

Exemption from testifying

84 No person employed in the administration or enforcement of this Act shall be required to give testimony in any civil proceeding, except in a proceeding under this Act, with regard to information obtained in the discharge of the person’s duties.

Service

85(1) An order, notice or other document that is to be given to or served on a person shall be sufficiently given or served

(a)  if it is served in the manner in which personal service may be made under the Rules of Court,

(b)  if it is mailed registered mail to the latest known address of that person,

(c)  if it is mailed registered mail to the latest address of that person reported to the Registrar under this Act or the regulations, or

(d)  if it is served in any other manner or place prescribed by the regulations.

85(2) Service by registered mail shall be deemed to be effected 5 days after the date of mailing, unless the person being served establishes that the thing served was not received until a later date because of absence, accident, illness or other cause beyond the person’s control.

Regulations

86 The Lieutenant-Governor in Council may make regulations

(a)  prescribing security, pre-employment and post-employment conflict-of-interest requirements and other requirements for the Registrar, employees in the Gaming Control Branch and adjudicators;

(b)  respecting applications for licences, and prescribing the fees payable upon application for a licence;

(c)  prescribing terms and conditions of licences;

(d)  respecting eligibility requirements of applicants for a licence;

(e)  respecting the conduct and management of a lottery scheme by a licensee and the use of proceeds from the lottery scheme for which an applicant has received a licence;

(f)  requiring persons to be registered as suppliers or gaming assistants;

(g)  classifying suppliers and gaming assistants and outlining the registration requirements;

(h)  respecting applications for registration or renewal of registration of suppliers and gaming assistants;

(i)  requiring registered suppliers and gaming assistants to make returns and furnish information to the Registrar;

(j)  prescribing terms of registration for suppliers and gaming assistants;

(k)  prescribing fees payable upon application for registration or renewal of registration and investigation fees;

(l)  regulating or prohibiting the activities of registered suppliers and registered gaming assistants;

(m)  exempting, or authorizing the Registrar, to exempt suppliers from the requirement to be registered, subject to such terms as may be prescribed or imposed by the Registrar;

(n)  providing that certain activities may be performed only by registered suppliers or registered gaming assistants;

(o)  requiring registrants to provide security in such form and on such terms as are prescribed, and providing for the forfeiture of the security and the disposition of the proceeds;

(p)  requiring and governing books, accounts and other records to be kept by registered suppliers, including prescribing time schedules for their retention;

(q)  prescribing the goods or services related to the conduct, management or operation of a gaming event that a registered supplier or registered gaming assistant may provide;

(r)  respecting requirements or standards for goods or services provided by registered suppliers and registered gaming assistants in relation to gaming events;

(s)  prescribing the fees or other consideration that registered suppliers may charge;

(t)  respecting rules of play for games of chance and approval requirements with respect to such rules;

(u)  respecting rules relating to the handling of money and money equivalents received from players of games of chance and approval requirements in relation to those matters;

(v)  respecting testing and approval requirements for gaming equipment and gaming management systems;

(w)  prohibiting the tampering with gaming equipment or the use of devices by persons that could facilitate cheating;

(x)  respecting requirements, including approval requirements, for internal controls, security and surveillance at a casino or other gaming premises;

(y)  respecting access to sensitive areas of a casino or other gaming premises and approval requirements in respect of such access;

(z)  requiring, or authorizing the Registrar to require, individuals who meet prescribed criteria be prohibited from entering a casino or other gaming premises or from playing games of chance at a casino or other gaming premises;

(aa)  prohibiting individuals who meet prescribed criteria from entering a casino or other gaming premises or from playing games of chance at a casino or other gaming premises;

(bb)  respecting the self-exclusion of individuals from a casino or other gaming premises;

(cc)  requiring a registered supplier who provides gaming premises to develop and implement a policy that provides for self-exclusion of individuals from the gaming premises, and to obtain such approvals as may be required in respect of such policy;

(dd)  prescribing the process to be followed in respect of any prohibition or exclusion provided for under the regulations;

(ee)  respecting the advertising and marketing of a casino or other gaming premises and approval requirements in relation to such matters;

(ff)  regulating or prohibiting the offering of credit, credit card cash advances and personal cheque cashing services or facilities in a casino or other gaming premises;

(gg)  requiring a registered supplier who operates gaming premises to establish a compliance program and to obtain such approvals as may be required in respect of such program;

(hh)  prescribing the requirements of a compliance program;

(ii)  requiring that investigations be conducted by an operator of a casino or other gaming premises on suppliers that are not required to be registered;

(jj)  respecting the service of documents for the purposes of subsection 85(1)(d);

(kk)  defining terms that are used in this Act and not otherwise defined;

(ll)  prescribing anything referred to in this Act as being prescribed;

(mm)  prescribing provisions in the regulations that constitute offences;

(nn)  respecting any matter or thing the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the intent and purposes of this Act.

PART 6

CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

Amendment to Arts Development Trust Fund Act

87 Subsection 1(2) of the Arts Development Trust Fund Act, chapter A-13.1 of the Acts of New Brunswick, 1990, is amended by striking out “Lotteries Act” and substituting “Gaming Control Act”.

Amendment to Proceedings Against the Crown Act

88 Section 1 of the Proceedings Against the Crown Act, chapter P-18 of the Revised Statutes, 1973, is amended in the definition “Crown corporation” by striking out “the Lotteries Commission of New Brunswick” and substituting “New Brunswick Lotteries and Gaming Corporation”.

Amendment to Sport Development Trust Fund Act

89 Subsection 2(2) of the Sport Development Trust Fund Act, chapter S-12.12 of the Acts of New Brunswick, 1990, is amended by striking out “Lotteries Act” and substituting “Gaming Control Act”.

Repeal of Lotteries Act and regulations

90(1) The Lotteries Act, chapter L-13.1 of the Acts New Brunswick, 1976, is repealed.

90(2) New Brunswick Regulation 83-170 under the Lotteries Act is repealed.

90(3) New Brunswick Regulation 90-142 under the Lotteries Act is repealed.

Commencement

91 This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.