BILL 8

An Act to Amend the Gaming Control Act

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

1 Section 1 of the Gaming Control Act, chapter G-1.5 of the Acts of New Brunswick, 2008, is amended by adding the following definitions in alphabetical order: 

“ALC” means the Atlantic Lottery Corporation, a body corporate incorporated under an agreement entered into under paragraph 7(d). (SLA)

“casino operator” means a person who operates a casino under an agreement entered into under paragraph 7(b). (exploitant d’un casino)

2 The Act is amended by adding after section 25 the following: 

Immunity

25.1( 1) No action, application or other proceeding lies or shall be instituted against the Minister, the Crown in right of the Province, the Corporation, a casino operator or the ALC, or an officer, director, employee or agent of any of them, as a direct or indirect result of or arising from the conduct and management of a lottery scheme by the Corporation or the ALC.

25.1( 2) Subsection (1) does not relieve the ALC or an officer, director, employee or agent of the ALC of any liability to which any of them would otherwise be subject in respect of an action for damages arising from a negligent act or omission of the ALC or the officer, director, employee or agent in the conduct and management of a lottery scheme.

25.1( 3) Subsection (1) does not relieve a casino operator or an officer, director, employee or agent of a casino operator of any liability to which any of them would otherwise be subject in respect of an action for damages arising from a negligent act or omission of the casino operator or the officer, director, employee or agent in operating the casino.

25.1( 4) Nothing in subsection (2) makes the ALC or an officer, director, employee or agent of the ALC liable for punitive damages or exemplary damages in an action for damages referred to in that subsection.

25.1( 5) Nothing in subsection (3) makes a casino operator or an officer, director, employee or agent of a casino operator liable for punitive damages or exemplary damages in an action for damages referred to in that subsection.

25.1( 6) An action for damages referred to in subsection (2) or (3) shall not be instituted under the Class Proceedings Act or as part of any other representative proceeding.

25.1( 7) This section shall be deemed to have come into force on November 22, 1990.

CONSEQUENTIAL AMENDMENTS

3 Section 2 of New Brunswick Regulation 2008-111 under the Gaming Control Act is amended by repealing the definition “ALC”.

4 Section 2 of New Brunswick Regulation 2008-112 under the Gaming Control Act is amended by repealing the definition “ALC”.

5 Section 2 of New Brunswick Regulation 2008-113 under the Gaming Control Act is amended by repealing the following definitions: 

a“ALC”;

b“casino operator”.

6 Section 2 of New Brunswick Regulation 2009-24 under the Gaming Control Act is amended by repealing the definition “casino operator”.