Acts and Regulations

2015-10 - Gaming Control Act

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NEW BRUNSWICK
REGULATION 2015-10
under the
Gaming Control Act
(O.C. 2015-71)
Filed April 13, 2015
1Section 2 of New Brunswick Regulation 2009-24 under the Gaming Control Act is amended by adding the following definitions in alphabetical order:
“gaming supplier employee” means an individual who is employed by a registered gaming supplier and installs, maintains, repairs or modifies any gaming equipment or gaming management system or assists in the installation, maintenance, repair or modification of any gaming equipment or gaming management system.(employé d’un fournisseur de biens ou de services relatifs au jeu)
“non-gaming supplier employee” means an individual who is employed by a registered non-gaming supplier and provides services in a sensitive area.(employé d’un fournisseur de biens ou de services non relatifs au jeu)
“test laboratory” means a person that tests gaming equipment and gaming management systems.(laboratoire d’essai)
2Section 3 of the Regulation is amended
(a) in paragraph (b) of the English version by striking out the period at the end of the paragraph and substituting a semicolon;
(b) by adding after paragraph (b) the following:
(c) gaming supplier employee; and
(d) non-gaming supplier employee.
3The Regulation is amended by adding after section 5 the following:
Actions of gaming supplier employee
5.1No person, other than a registered gaming supplier employee, is authorized to do any of the actions described in the definition “gaming supplier employee” in section 2.
Actions of non-gaming supplier employee
5.2No person, other than a registered non-gaming supplier employee, is authorized to do any of the actions described in the definition “non-gaming supplier employee” in section 2.
4Section 6 of the Regulation is amended
(a) by repealing subsection (3) and substituting the following:
6(3)The fee to be submitted with the application is:
(a) for a casino key employee - $400;
(b) subject to paragraph (c), for a casino employee - $400;
(c) for registration of a casino employee as a gaming assistant for up to 15 weeks in a 12-month period - $50;
(d) for a gaming supplier employee - $100; and
(e) for a non-gaming supplier employee - $50.
(b) by adding after subsection (3) the following:
6(3.1)A gaming supplier employee who is registered as a casino key employee or a casino employee is exempt from paying the fee referred to in paragraph (3)(d).
5Section 7 of the Regulation is amended
(a) by repealing subsection (3) and substituting the following:
7(3)A registration that is granted or renewed expires:
(a) for a casino key employee, four years after the date of issuance set out in the identification card;
(b) for a casino employee referred to in paragraph 6(3)(b), four years after the date of issuance set out in the identification card;
(c) for a casino employee referred to in paragraph 6(3)(c), on the expiry date set out in the identification card;
(d) for a gaming supplier employee, on the expiry date of the registration of the gaming supplier named in his or her registration; and
(e) for a non-gaming supplier employee, on the expiry date of the registration of the non-gaming supplier named in his or her registration.
(b) by adding after subsection (4) the following:
7(5)Despite subsection (3), the Registrar may suspend, for the period of the employee’s absence, the registration of a casino key employee or a casino employee who is absent from his or her employment with the casino operator named in his or her registration if the employee intends to return to work at the casino at the end of that period.
6Section 8 of the Regulation is repealed and the following is substituted:
Identification card
8(1)Every casino key employee and casino employee registered under this Regulation shall carry either of the following cards when carrying out his or her duties of employment:
(a) the identification card issued to him or her by the Registrar; or
(b) an identification card issued to him or her by the casino operator if the identification number of the Gaming Control Branch appears on the card.
8(2)On termination of employment, a casino key employee or a casino employee shall surrender both of the identification cards to the casino operator, and the casino operator shall ensure that the cards are kept by it until the Registrar provides directions as to their disposal.
7Section 9 of the Regulation is amended
(a) by renumbering the section as subsection 9(1);
(b) in subsection (1)
(i) in paragraph (b) of the English version by striking out “and” at the end of the paragraph;
(ii) in paragraph (c) by striking out the period at the end of the paragraph and substituting “, and”;
(iii) by adding after paragraph (c) the following:
(d) shall not play a game of chance at another casino if he or she has provided any services in a sensitive area of that casino within the previous six months.
(c) by adding after subsection (1) the following:
9(2)It is a term of registration of every gaming supplier employee and every non-gaming supplier employee that the registrant
(a) shall serve the Registrar with a written notice of any change of address for service within five days after the change,
(b) shall notify the Registrar within 15 days after being charged or convicted of any offence in any jurisdiction,
(c) shall only do the actions described in the definition “gaming supplier employee” or “non-gaming supplier employee” in section 2, as the case may be, and
(d) in the case of a gaming supplier employee, shall be registered under section 3 as an employee of every registered gaming supplier for which he or she performs any duties in a casino.
8The Regulation is amended by adding after section 9 the following:
Transfer of registration
9.1(1)On the approval of the Registrar, a casino employee who becomes a casino key employee may transfer his or her registration as a casino employee to a registration as a casino key employee without making an application or paying the fee under section 6.
9.1(2)Despite paragraph 7(3)(a), the registration as a casino key employee expires on the expiry date of the registration as a casino employee.
Amendment of registration
9.2(1)The Registrar may amend the registration of a casino key employee or a casino employee to allow the employee to work at a casino other than the one named in his or her registration if the employee provides the Registrar with an offer of employment by the casino operator of the other casino that is signed by an authorized signing officer.
9.2(2)For the purpose of subsection (1), an employee is not required to make an application or pay the fee under section 6.
9Section 10 of the Regulation is amended
(a) by repealing paragraph (c) and substituting the following:
(c) a non-gaming supplier that provides goods or services to a casino operator;
(b) by adding after paragraph (c) the following:
(c.1) a test laboratory; and
10The Regulation is amended by adding after section 10 the following:
Classes
10.01(1)For the purposes of paragraph 10(a), the classes of casino operators are as follows:
(a) Class 1 - a casino operator of a casino that has fewer than 250 electronic gaming devices and no table games;
(b) Class 2 - a casino operator of a casino that has 250 electronic gaming devices or more and no table games;
(c) Class 3 - a casino operator of a casino that has fewer than 250 electronic gaming devices and table games; and
(d) Class 4 - a casino operator of a casino that has 250 electronic gaming devices or more and table games.
10.01(2)For the purposes of paragraph 10(b), the classes of gaming suppliers are as follows:
(a) Class 1 - a gaming supplier that provides goods or services to a casino operator within a fiscal year of the casino operator in an amount that is less than $25,000;
(b) Class 2 - a gaming supplier that provides goods or services to a casino operator within a fiscal year of the casino operator in an amount that is $25,000 or greater but less than $250,000;
(c) Class 3 - a gaming supplier that provides goods or services to a casino operator within a fiscal year of the casino operator in an amount that is $250,000 or greater but less than $500,000; and
(d) Class 4 - a gaming supplier that provides goods or services to a casino operator within a fiscal year of the casino operator in an amount that is $500,000 or greater.
11The heading “Exemption from registration” preceding section 10.1 of the Regulation is repealed.
12Section 10.1 of the Regulation is repealed.
13Subsection 13(1) of the Regulation is amended by striking out “or a non-gaming supplier that is exempt from registration as a supplier”.
14The Regulation is amended by adding after section 13 the following:
Actions of test laboratory
13.1No person, other than a registered test laboratory, is authorized to do any of the actions described in the definition “test laboratory” in section 2.
15Section 15 of the Regulation is amended
(a) by repealing subsection (3) and substituting the following:
15(3)The fee to be submitted with the application is as follows:
(a) for a casino operator:
(i) Class 1 - $20,000;
(ii) Class 2 - $30,000;
(iii) Class 3 - $40,000; and
(iv) Class 4 - $50,000;
(b) for a gaming supplier:
(i) Class 1 - $400;
(ii) Class 2 - $2,000;
(iii) Class 3 - $10,000; and
(iv) Class 4 - $25,000;
(c) for a non-gaming supplier - $400;
(d) for a test laboratory - $1,000; and
(e) for a trade union - $500.
(b) by adding after subsection (5) the following:
15(6)Paragraph (3)(b) does not apply to a registered casino operator that applies to be registered as a gaming supplier.
16Section 16 of the Regulation is amended
(a) by repealing subsection (3) and substituting the following:
16(3)Subject to subsection (4), a registration that is granted or renewed expires two years after the date of issuance set out on the certificate of registration.
(b) by adding after subsection (3) the following:
16(4)A registration that is granted to or renewed by a casino operator expires one year after the date of issuance set out on the certificate of registration.
16(5)Despite subsections (3) and (4), if an application for a renewal of a registration of a casino operator, gaming supplier, non-gaming supplier or test laboratory is received before the expiry of the registration, the registrant may continue to perform the duties authorized by his or her registration until the renewal has been granted or refused by the Registrar.
17Section 18 of the Regulation is amended by striking out “25” and substituting “25.01”.
18The Regulation is amended by adding after section 25 the following:
Terms and conditions of shipment
25.01A registered gaming supplier shall not provide any gaming equipment or gaming management system to a casino unless he or she complies with the terms and conditions of the Gaming Control Branch that apply to the shipment of gaming equipment and gaming management systems.
19The heading “Application for exemption” preceding section 25.1 of the Regulation is repealed.
20Section 25.1 of the Regulation is repealed.
21The heading “Decision of Registrar” preceding section 25.2 of the Regulation is repealed.
22Section 25.2 of the Regulation is repealed.
23The heading “Revocation of exemption” preceding section 25.3 of the Regulation is repealed.
24Section 25.3 of the Regulation is repealed.
25The heading “Terms of exemption” preceding section 25.4 of the Regulation is repealed.
26Section 25.4 of the Regulation is repealed.
27The heading “Change in address” preceding section 25.5 of the Regulation is repealed.
28Section 25.5 of the Regulation is repealed.
29The heading “Change in officers, membership” preceding section 25.6 of the Regulation is repealed.
30Section 25.6 of the Regulation is repealed.
31The heading “Change of interests” preceding section 25.7 of the Regulation is repealed.
32Section 25.7 of the Regulation is repealed.
33The heading “Reporting of charge or offence” preceding section 25.8 of the Regulation is repealed.
34Section 25.8 of the Regulation is repealed.
35The heading “Responsibility for conduct of employees” preceding section 25.9 of the Regulation is repealed.
36Section 25.9 of the Regulation is repealed.
37Section 30 of the Regulation is amended
(a) by repealing subsection (2) and substituting the following:
30(2)The Registrar may revoke the approval of any gaming equipment or gaming management system if
(a) there is a problem with the integrity, security or reporting capability of any gaming equipment or gaming management system, or
(b) he or she has approved a new version of the gaming equipment or gaming management system.
(b) by adding after subsection (2) the following:
30(3)If the Registrar is aware of a problem with the integrity or security of any gaming equipment or gaming management system, he or she may send the equipment or system to be tested at a test laboratory at the expense of the gaming supplier.
38The Regulation is amended by adding after section 30 the following:
Seal
30.1No person, other than an inspector, shall remove the seal of the Gaming Control Branch from any gaming equipment or gaming management system.
39Section 31 of the Regulation is amended
(a) by renumbering the section as subsection 31(1);
(b) by adding after subsection (1) the following:
31(2)A casino operator shall not install, move, maintain, modify or repair gaming equipment or a gaming management system in the casino without the approval of the Registrar.
40The Regulation is amended by adding after section 32 the following:
Sale of gaming equipment and gaming management systems
32.1(1)With the approval of the Registrar and the Corporation, a casino operator may sell any gaming equipment or gaming management system to a person that is legally authorized to purchase it in a jurisdiction where gaming is legal.
32.1(2)The gaming equipment or gaming management system shall be shipped in the manner approved by the Registrar.
Shipment of gaming equipment and gaming management systems to gaming supplier
32.2A casino operator may return gaming equipment or a gaming management system to the gaming supplier that provided it to the casino operator if it is shipped in the manner approved by the Registrar.
41Section 33 of the Regulation is repealed and the following is substituted:
Use of mechanical, electrical or other devices
33(1)A casino operator shall not permit a person to use an electrical, mechanical, telecommunication or other device, including a calculator or a computer, while playing a game of chance in the casino if the device is used to assist in projecting the outcome of a game of chance, to keep track of cards that have been dealt or to change probabilities or playing strategies used in the game.
33(2)No person shall use an electrical, mechanical, telecommunication or other device, including a calculator or a computer, while playing a game of chance in a casino if the device is used to assist in projecting the outcome of a game of chance, to keep track of cards that have been dealt or to change probabilities or playing strategies used in the game.
33(3)No person, other than a casino operator, shall use a cell phone, or any other communication or receiving device, in the casino to record, photograph or track gaming activities.
42Paragraph 38(2)a) of the French version of the Regulation is repealed and the following is substituted:
(a) les jeux de table;
43Paragraph 41(2)(e) of the Regulation is repealed and the following is substituted:
(e) procedures for controlling access to sensitive areas of the casino by casino key employees, casino employees, gaming supplier employees and non-gaming supplier employees and members of the public,
44The Regulation is amended by adding after section 41 the following:
Access to sensitive area
41.1Subject to section 42, the following persons may access a sensitive area:
(a) casino key employees;
(b) casino employees;
(c) the Registrar;
(d) a Deputy Registrar;
(e) inspectors appointed under section 60 of the Act;
(f) senior managers of the Corporation;
(g) senior managers of the casino operator;
(h) registered gaming supplier employees;
(i) registered non-gaming supplier employees; and
(j) emergency personnel during an emergency.
45Section 42 of the Regulation is repealed and the following is substituted:
Sensitive area access listing
42(1)A casino operator shall file with the Registrar for the approval of the Registrar and the Corporation a sensitive area access listing that identifies which persons the operator wants to have access to which sensitive areas of the casino.
42(2)A casino operator may make a change to the listing if
(a) the operator files the change with the Registrar at least 48 hours before the date of the change, and
(b) the Registrar and the Corporation approve the change.
42(3)A casino operator shall ensure that only those persons named in the listing are permitted access to the sensitive area.
46Subsection 43(2) of the Regulation is repealed.
47Section 44 of the Regulation is repealed and the following is substituted:
44(1)A Class 1 or Class 2 casino operator shall establish a surveillance area that is separate and independent from all other areas of the casino operation, except the security area.
44(2)A Class 3 or Class 4 casino operator shall establish a surveillance area that is separate and independent from all other areas of the casino operation, including the security area.
44(3)A Class 1 or Class 2 casino operator shall ensure that there is at least one person who is responsible for the operation of the surveillance area of the casino.
44(4)Only the person who is responsible for the operation of the surveillance area referred to in subsection (3) shall review recordings made by surveillance equipment or install, modify or perform maintenance on surveillance equipment.
44(5)On the approval of the Registrar, the person who is responsible for the operation of the surveillance area referred to in subsection (3) may perform other functions, duties and responsibilities that do not affect the integrity or security of the casino.
44(6)A casino operator shall ensure that the person who is responsible for the operation of the surveillance area
(a) reports directly to the General Manager of the casino operator, and
(b) has unrestricted access to the board of directors of the casino operator.
48Section 45 of the Regulation is repealed and the following is substituted:
Unrestricted access to surveillance area
45(1)A Class 1 or Class 2 casino operator shall ensure that only the following persons have unrestricted access to the surveillance area:
(a) the General Manager of the casino operator;
(b) surveillance area staff;
(c) inspectors appointed under section 60 of the Act;
(d) the Registrar;
(e) a Deputy Registrar;
(f) senior managers of the Corporation; and
(g) senior managers of the casino operator.
45(2)A Class 3 or Class 4 casino operator shall ensure that only the following persons have unrestricted access to the surveillance area:
(a) the General Manager of the casino operator;
(b) surveillance area staff;
(c) inspectors appointed under section 60 of the Act;
(d) the Registrar;
(e) a Deputy Registrar;
(f) senior managers of the Corporation; and
(g) senior managers of the casino operator.
49Section 46 of the Regulation is repealed and the following is substituted:
Restricted access to surveillance area
46(1)With the approval of the person who is responsible for the operation of the surveillance area, a Class 1 or Class 2 casino operator may permit restricted access to the following persons in the circumstances prescribed:
(a) table games and electronic games management staff, for the sole purpose of viewing ongoing live gaming action or play or when surveillance staff requires assistance in interpreting the play or determining what course of action should be taken;
(b) registered information technology staff for the purpose of conducting repairs on computer equipment located in the surveillance area;
(c) registered housekeeping and maintenance staff for the purposes of carrying out their necessary duties in the surveillance room;
(d) emergency personnel during an emergency; and
(e) any other person if the person is accompanied by an inspector, the Registrar, a Deputy Registrar or a senior manager of the Corporation.
46(2)With the approval of the person who is responsible for the operation of the surveillance area, a Class 3 or Class 4 casino operator may permit restricted access to the following persons in the circumstances prescribed:
(a) senior managers of the casino operator;
(b) the president of the casino operator;
(c) table games and electronic games management staff, for the sole purpose of viewing ongoing live gaming action or play or when surveillance staff requires assistance in interpreting the play or determining what course of action should be taken;
(d) registered information technology staff for the purpose of conducting repairs on computer equipment located in the surveillance area;
(e) registered housekeeping and maintenance staff for the purposes of carrying out their necessary duties in the surveillance room;
(f) emergency personnel during an emergency; and
(g) any other person if the person is accompanied by an inspector, the Registrar, a Deputy Registrar or a senior manager of the Corporation.
46(3)Despite paragraphs (1)(d) and (2)(f), if the person who is responsible for the operation of the surveillance area is not available to give approval, emergency personnel may access the surveillance area of the casino when accompanied by the person responsible for the casino’s security.
50Section 47 of the Regulation is repealed and the following is substituted:
Transfer out of surveillance area
47A casino operator shall ensure that a person referred to in paragraph 45(1)(b) or (2)(b) who ceases to work in the surveillance area of the casino is not employed in that casino until at least two years have elapsed since the person ceased to be employed in that casino.
51Section 49 of the Regulation is repealed and the following is substituted:
Failure of surveillance capability
49If there is a failure of the surveillance capability in part or all of a casino, the casino operator shall ensure that no games of chance are operated in the part of the casino affected by the failure until surveillance is restored.
52Section 50 of the Regulation is amended
(a) by repealing paragraph (1)(e) and substituting the following:
(e) registered casino key employees or casino employees while they are employed at that casino or within one year after they cease to be employed in that casino; and
(b) in subsection (2)
(i) by repealing paragraph (a) and substituting the following:
(a) the Registrar, Deputy Registrars, any person employed in the Gaming Control Branch, inspectors who perform duties at the casino or adjudicators while they are employed in that capacity or within one year after they cease to employed in that capacity;
(ii) by adding after paragraph (a) the following:
(a.1) a registered gaming supplier employee with respect to any game of chance provided to the casino by the gaming supplier;
(a.2) a registered non-gaming employee who has worked inside the surveillance area of the casino;
53Section 60 of the Regulation is repealed and the following is substituted:
Prescribed offences
60The following provisions are prescribed as offences for the purposes of paragraph 74(1)(d) of the Act: sections 4, 5, 5.1, 5.2, 11 and 12, subsection 13(1), section 32, subsections 33(1), (2) and (3), section 40, subsections 44(1), (2), (3), (4), (5) and (6), subsections 45(1) and (2), sections 47 and 49, subsections 51(1) and (2) and subsections 57(1) and (2).
54Sections 4 and 15 of this Regulation come into force on April 15, 2015.