Acts and Regulations

2008-111 - Ticket Lottery Scheme

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2008-111
under the
Gaming Control Act
(O.C. 2008-395)
Filed September 22, 2008
Under section 26 of the Gaming Control Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Ticket Lottery Scheme Regulation - Gaming Control Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Gaming Control Act. (Loi)
“ALC” Repealed:  2019, c.31, s.3.
“lottery scheme” means a lottery scheme authorized under the Criminal Code (Canada) and this Regulation. (loterie)
“prize” means a sum of money or goods payable to a winner as the result of the selection of a winning ticket. (prix)
“retailer” means a person authorized by ALC to sell tickets to the public. (détaillant)
“ticket” means a ticket sold under a lottery scheme and includes the contractual rights and obligations between ALC and the owner of the ticket. (billet)
“video lottery scheme” means any lottery scheme authorized under the Criminal Code (Canada) that utilizes video gaming devices. (système de loterie vidéo)
“winner” means a person entitled to a prize under a ticket lottery scheme. (gagnant)
“winning ticket” means a ticket bearing a number or numbers, corresponding in such manner as ALC shall determine, to a winning number or numbers drawn as provided in section 8. (billet gagnant)
2019, c.31, s.3
Application
3This regulation does not apply to a video lottery scheme.
ALC to conduct and manage lottery scheme
4ALC may conduct and manage a lottery scheme in accordance with an agreement under paragraph 7(d) of the Act.
Lottery scheme
5A lottery scheme shall consist of a system or arrangement for the issuance and sale of tickets and the distribution of prizes to winners selected at random from among the holders of lottery tickets issued or sold.
Prizes
6(1)Under each ticket lottery scheme, ALC shall fix the consideration to be paid or given to secure a chance to win prizes, the amounts and values of prizes and the terms and conditions to be attached thereto.
6(2)ALC shall ensure that a notice is made on every lottery ticket showing the condition of sale referred to in subsection (1).
Promotion and sale of lottery tickets
7(1)ALC is responsible for the promotion of ticket lottery schemes and for the sale of lottery tickets.
7(2)Tickets may be sold to the public directly by ALC or indirectly through retailers.
7(3)Where ALC issues or sells tickets to a retailer, a discount or commission fixed by ALC shall be granted.
7(4)No retailer shall sell a ticket at a price other than the face amount shown on the ticket.
Winning tickets
8Winning tickets in a ticket lottery scheme shall be selected at a draw held at such time and place as ALC determines.
Random selection of winning numbers
9A draw shall consist of the random selection of winning numbers by means of a mechanical device or other method adopted by ALC.
Prize Account
10(1)ALC shall, for each ticket lottery scheme, deposit with a chartered bank or trust company, in the name of ALC, in an account called the Prize Account, an amount equal to the sum of the prizes announced as payable in respect of that lottery.
10(2)Subject to section 11, no payment shall be made out of the Prize Account except to pay prizes.
Special Prize Account
11(1)After 12 months from the date of the draw for each lottery, ALC shall transfer from the Prize Account and deposit with a chartered bank or trust company, in the name of ALC, in an account called the Special Prize Account, an amount equal to the sum of the prizes announced as payable in respect of that lottery which have not been claimed or paid.
11(2)Payment shall be made out of the Special Prize Account only to pay prizes.
Entitlement to prize
12It is a condition for entitlement to collect any prize that the claimant
(a) satisfy ALC that the claimant is a winner,
(b) make a claim within 12 months of the date on which the winning ticket was drawn,
(c) give ALC the right to publish the claimant’s name, address, photograph or picture without any claim against ALC for broadcasting, printing, royalty or other rights, and
(d) if required by ALC, give to ALC a valid release for the prize and undertake to save ALC harmless from any further claim on that prize.
Competing claims
13Where there is more than one claimant for payment of the same prize, ALC may pay the money into court pending settlement of the dispute by a court of competent jurisdiction.
Production of records
14ALC shall, when requested to do so by the Auditor General, produce such books, documents, or financial statements as are necessary for the Auditor General to be satisfied that ALC is complying with the provisions of this Regulation.
Commencement
15This Regulation comes into force on October 1, 2008.
N.B. This Regulation is consolidated to December 20, 2019.