Acts and Regulations

2009-69 - Gaming Control Act

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NEW BRUNSWICK
REGULATION 2009-69
under the
Gaming Control Act
(O.C. 2009-268)
Filed June 29, 2009
1Paragraph 10(c) of New Brunswick Regulation 2009-24 under the Gaming Control Act is repealed and the following is substituted:
(c) a non-gaming supplier that provides goods or services to a casino operator in an amount that is equal to or greater than $500,000 in any fiscal year of the casino operator, unless the non-gaming supplier is exempt from registration; and
2The Regulation is amended by adding after section 10 the following:
Exemption from registration
10.1A non-gaming supplier that provides goods or services to a casino operator in an amount that is equal to or greater than $500,000 in any fiscal year of the casino operator is exempt from registration as a supplier if the non-gaming supplier has obtained a certificate of exemption from the Registrar stating that
(a) the non-gaming supplier
(i) is, in the opinion of the Registrar, financially responsible in the conduct of its business and will act in accordance with the law and with honesty and integrity,
(ii) is regulated by a statutorily established self-regulating body,
(iii) is regulated by the government of the Province, the government of Canada or any agency of the government of the Province or the government of Canada, or
(iv) is a municipality or rural community as those terms are defined in the Municipalities Act, the government of the Province or of another province or territory of Canada, the government of Canada or of another country, the government of a state or territory of another country or any agency of them, and
(b) the Registrar is satisfied that issuing the certificate of exemption is not contrary to the public interest.
3Subsection 13(1) of the Regulation is amended by striking out “registered non-gaming supplier” and substituting “registered non-gaming supplier or a non-gaming supplier that is exempt from registration as a supplier”.
4Paragraph 14(1)a) of the French version of the Regulation is repealed and the following is substituted:
(a) pratique une saine gestion financière dans l’exploitation de son entreprise;
5Paragraph 15(3)(c) of the Regulation is amended by striking out “$10,000” and substituting “$500”.
6Section 22 of the French version of the Regulation is amended by striking out “un ressort” and substituting “une autorité législative”.
7The Regulation is amended by adding after section 25 the following:
Application for exemption
25.1A non-gaming supplier may, on a form provided by the Registrar, apply for exemption from registration as a supplier or for renewal of an exemption and the application shall state an address for service in New Brunswick.
Decision of Registrar
25.2(1)On receiving a completed application under section 25.1, the Registrar shall consider the application and either grant it or refuse it.
25.2(2)On granting an application, the Registrar shall issue a certificate of exemption to the non-gaming supplier stating the requirements set out in section 10.1 and the date of issuance of the certificate.
25.2(3)An exemption that is granted or renewed expires one year from the date of issuance set out in the certificate of exemption.
Revocation of exemption
25.3The Registrar may revoke the certificate of exemption if the non-gaming supplier
(a) violates or fails to comply with the terms of the exemption, or
(b) does not continue to meet the requirements set out in section 10.1.
Terms of exemption
25.4The requirements set out in sections 25.5 to 25.9 are the terms of the exemption from registration as a supplier.
Change in address
25.5Every non-gaming supplier that is exempt from registration as a supplier shall serve the Registrar with a written notice of any change in address for service not later than 5 days after the change.
Change in officers, membership
25.6If a non-gaming supplier that is exempt from registration as a supplier is a corporation or partnership, the non-gaming supplier shall, within 5 days after any change in the officers or directors of the corporation or in the membership of the partnership, disclose the change by filing a disclosure with the Registrar.
Change of interests
25.7If a non-gaming supplier that is exempt from registration as a supplier is a corporation or partnership, the non-gaming supplier shall, within 5 days after any change in the holders of 5% or more of any shares in the corporation or partnership, disclose the change by filing a disclosure with the Registrar.
Reporting of charge or offence
25.8Every non-gaming supplier that is exempt from registration as a supplier shall notify the Registrar if the non-gaming supplier, including any of its officers, directors or partners, or a person deemed to be interested in the non-gaming supplier, has been charged with or convicted of any offence in any jurisdiction within 15 days after such charge or conviction.
Responsibility for conduct of employees
25.9Every non-gaming supplier that is exempt from registration as a supplier is responsible for the conduct of every person employed by the non-gaming supplier in the performance of their duties in relation to the non-gaming supplier’s exemption.