Acts and Regulations

2021, c.22 - An Act to Amend the Gaming Control Act

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2021, c.22
An Act to Amend the
Gaming Control Act
Assented to June 11, 2021
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1Section 1 of the Gaming Control Act, chapter G-1.5 of the Acts of New Brunswick, 2008, is amended
(a) by repealing the definition “licensee”;
(b) by adding the following definition in alphabetical order: 
“record” includes a book of account, bank book, voucher, invoice, receipt, contract, correspondence and any other document, whether the record is in electronic format or any other format.(registre)
2Section 12 of the English version of the Act is amended by striking out “him or her” wherever it appears and substituting “the Minister”.
3The heading “Establishment of Gaming Control Branch” preceding section 27 of the Act is repealed and the following is substituted: 
Establishment of branch responsible for gaming control
4Section 27 of the Act is repealed and the following is substituted: 
27There is established within the Department of Justice and Public Safety a branch responsible for gaming control.
5Subsection 28(2) of the Act is amended
(a) in paragraph (a) by striking out “Gaming Control Branch” and substituting “branch responsible for gaming control”;
(b) in paragraph (b) of the English version by striking out “him or her” and substituting “the Registrar”.
6Section 29 of the Act is repealed and the following is substituted: 
29The Registrar may appoint one or more Deputy Registrars and may delegate the Registrar’s powers or duties to the Deputy Registrars, to any person employed in the branch responsible for gaming control or to a person engaged under paragraph 28(2)(b), subject to any terms and conditions set out in the delegation.
7Section 30 of the Act is amended
(a) in subsection (1) by striking out “Gaming Control Branch” and substituting “branch responsible for gaming control”;
(b) in subsection (2) by striking out “Gaming Control Branch” and substituting “branch responsible for gaming control”.
8Section 31 of the English version of the Act is amended
(a) in subsection (2) by striking out “he or she” and substituting “the person”;
(b) in subsection (3) by striking out “his or her” and substituting “the adjudicator’s”;
(c) in subsection (4) by striking out “his or her” wherever it appears and substituting “the adjudicator’s”.
9Section 32 of the English version of the Act is amended
(a) in subsection (3) by striking out “he or she” and substituting “the adjudicator”;
(b) in subsection (4) by striking out “him or her” and substituting “the adjudicator”.
10Section 34 of the Act is repealed and the following is substituted:  
34(1)On application to the Registrar or any other person or authority specified by the Lieutenant-Governor in Council in accordance with paragraph 207(1)(b) of the Criminal Code (Canada), on a form provided by the Registrar, the Registrar or other person or authority may issue or renew a licence if the application is accompanied by
(a) any information or document that the Registrar requires or that is prescribed by regulation, and
(b) the fee prescribed by regulation.
34(2)On issuing, renewing, amending or reinstating a licence, the Registrar may impose any terms and conditions on the licence that the Registrar considers appropriate.
34(3)A licence is subject to any requirement prescribed by regulation and any terms and conditions imposed by the Registrar.
34(4)If there is a conflict between a requirement prescribed by regulation and any term or condition imposed by the Registrar, the requirement prevails.
34(5)Except as provided in the regulations, a licence is valid
(a) if the licence relates to one gaming event, for the duration of the gaming event, and
(b) if the licence relates to more than one gaming event, for up to one year from the date of its issuance or renewal.
34(6)The Registrar may extend the term of a licence for up to six months if the Registrar is satisfied that the licensee will be unable, or was unable, to conduct and manage their lottery scheme because of extenuating circumstances beyond the licensee’s control.
34(7)Unless authorized by the Registrar, no licensee shall offer in their lottery scheme a prize the amount or value of which exceeds the amount or value of prizes prescribed by regulation.
34(8)Unless authorized by the Registrar, no licensee shall conduct or manage a greater number of gaming events than is prescribed by regulation.
11The Act is amended by adding after section 34 the following: 
Policies and procedures
34.1(1)The Registrar may establish policies and procedures related to the conduct and management of a lottery scheme for which a licence is required.
34.1(2)The Regulations Act does not apply to the policies and procedures established under subsection (1).
Grounds for refusal to issue or renew licence
34.11The Registrar may, by order, refuse to issue or renew a licence if
(a) in the Registrar’s opinion, having regard to the applicant’s financial position, the applicant cannot reasonably be expected to act in a financially responsible manner in conducting and managing a lottery scheme,
(b) in the Registrar’s opinion, it is not in the public interest to issue or renew the licence,
(c) the applicant provides incomplete, false, misleading or inaccurate information in support of the application, or
(d) the applicant fails to meet any eligibility requirement or satisfy any other requirement set out in this Act or the regulations.
Review of refusal to issue or renew
34.2(1)If the Registrar refuses to issue or renew a licence, the Registrar shall serve a written copy of the order and the reasons for the order on the applicant or licensee, as the case may be.
34.2(2)An order shall indicate the right of the applicant or licensee to have the Registrar review the order.
34.2(3)Within 30 days after the Registrar serves an order, an applicant or licensee may serve a written request on the Registrar to review the order.
34.2(4)Within 60 days after a request for review is received by the Registrar, the Registrar shall review the order made under section 34.11, make a new order confirming or setting aside the order and serve a written copy of the new order and the reasons for the new order on the applicant or licensee.
Renewal – non-compliance
34.21(1)If, in the opinion of the Registrar, a licensee fails to satisfy any requirement of this Act or the regulations, the Registrar may, by order, renew the licence for a shorter period of time than the term specified in the licence.
34.21(2)If the Registrar renews a licence under subsection (1), the Registrar shall serve a written copy of the order and the reasons for the order on the licensee and the order shall contain the following information:
(a) the non-compliance that resulted in a renewal for a shorter period of time than the term that was specified in the licence;
(b) the measures the licensee shall take to remedy the non-compliance; and
(c) the time within which the licensee shall complete the specified measures to remedy the non-compliance.
34.21(3)If the Registrar is satisfied that a licensee has taken the measures specified in the order within the time specified in the order, the Registrar may extend the term of the licence to the term that was specified in the licence prior to its renewal, less the period that has already elapsed since the renewal.
34.21(4)If a licensee fails to complete the measures specified in the order within the time specified in the order, the licence expires at the end of the term determined in accordance with subsection (1).
Suspension or revocation of licence
34.3(1)The Registrar may, by order, suspend or revoke a licence if the Registrar considers it to be in the public interest or if a licensee violates or fails to comply with this Act, the regulations or the terms or conditions of the licence.
34.3(2)The Registrar shall serve a written copy of the order and the reasons for the order on the licensee and the order is effective immediately on being served.
34.3(3)An order shall indicate the right of the licensee to have the Registrar review the order.
34.3(4)Within 30 days after the Registrar serves an order, a licensee may serve a written request on the Registrar to review the order.
34.3(5)Within 60 days after a request for review is received by the Registrar, the Registrar shall review the order made under subsection (1), make a new order confirming or setting aside the order and serve a written copy of the new order and the reasons for the new order on the licensee.
34.3(6)If a licensee requests a review, an order made by the Registrar under subsection (1) expires on the day the order made by the Registrar under subsection (5) takes effect.
Cancellation of licence on request
34.31 The Registrar may cancel a licence on the written request of the licensee.
Transfer or assignment
34.4A licensee may not transfer or assign a licence to another person.
Records of licensee
34.41(1) A licensee shall keep records that are necessary for the proper recording of their activities with respect to their lottery scheme and shall keep any other records that are otherwise required under the regulations.
34.41(2)A licensee shall keep the records in the Province at a safe location and in a durable form.
34.41(3)A licensee shall retain the records for a minimum period of six years after the date the licence expires, is suspended or revoked or is cancelled on the request of the licensee.
34.41(4)A licensee shall, at the request of the Registrar, deliver to the Registrar any of the records that the licensee is required to keep under this Act or the regulations.
Conduct and management of lottery scheme
34.5(1)A licensee shall conduct and manage their lottery scheme in accordance with any policies and procedures established by the Registrar under subsection 34.1(1).
34.5(2)No licensee shall make any changes with respect to the conduct and management of their lottery scheme without the approval of the Registrar.
34.5(3)A charitable or religious organization that is a licensee may delegate all or part of the conduct and management of their lottery scheme to any individual who is a member of the charitable or religious organization or, if the Registrar approves the delegation, any other person.
Name to be used by licensee
34.6 No licensee shall conduct and manage a lottery scheme under a name other than the name stated in the licence.
Gaming premises
34.7No licensee shall conduct and manage a lottery scheme except at the gaming premises specified in the licence and the gaming premises shall be located in the Province unless the Registrar authorizes the gaming premises to be located outside of the Province.
Change of address
34.8(1)Within five days after any change in a licensee’s address for service, the licensee shall serve the Registrar with a written notice of the change.
34.8(2)No licensee shall change the address of the gaming premises specified in the licence without the approval of the Registrar.
Compliance with applicable laws
34.9A licensee shall comply with any applicable federal or provincial law or local government by-law.
12Section 36 of the Act is amended
(a) in subsection (2) by striking out “the terms of his or her” and substituting “the terms and conditions of the registered supplier’s”;
(b) by repealing subsection (3).
13Section 37 of the Act is amended
(a) by repealing subsection (1) and substituting the following: 
37(1)On application to the Registrar, on a form provided by the Registrar, the Registrar may register a supplier or a gaming assistant or renew a registration if the application is accompanied by
(a) any information or document that the Registrar requires or that is prescribed by regulation, and
(b) the fee prescribed by regulation.
(b) by repealing subsection (2);
(c) in subsection (3) of the English version by striking out “he or she” and substituting “the Registrar”.
14Section 40 of the Act is amended
(a) in subparagraph b)(iii) of the French version by striking out “liste réglementaire” and substituting “liste prévue par règlement”;
(b) by adding after paragraph (b) the following: 
(b.1) any of the following persons has been convicted of an offence under the Criminal Code (Canada) that the Registrar considers relevant to the applicant’s suitability to act as a registered supplier: 
(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 any other person prescribed by regulation,
(c) in paragraph (c) by striking out “the regulations or the terms of the registration” and substituting “the regulations, the terms or conditions of the registration or the requirements or standards prescribed by regulation”.
15Paragraph 41(b) of the Act is amended by striking out “the terms of the registration” and substituting “the terms or conditions of the registration”.
16The heading “Terms of registration” preceding section 42 of the Act is repealed and the following is substituted: 
Requirements, standards, terms and conditions
17Section 42 of the Act is repealed and the following is substituted: 
42The Registrar may impose any terms and conditions on a registration that the Registrar considers appropriate and the registration is subject to the terms and conditions imposed by the Registrar and any requirements and standards prescribed by regulation.
18Subsection 43(2) of the Act is repealed and the following is substituted: 
43(2)If a registrant violates or fails to comply with this Act, the regulations, the terms or conditions of the registration or the requirements or standards prescribed by regulation, the Registrar may suspend or revoke the certificate of registration or require, for its maintenance or reinstatement, that the registrant comply with any terms and conditions imposed by the Registrar.
19Section 44 of the Act is amended
(a) in subsection (1) by striking out “Where the Registrar refuses to grant” and substituting “If, by order, the Registrar refuses to grant”;
(b) in subsection (3) of the French version by striking out “de l’ordre envisagé” and substituting “de l’avis de l’ordre envisagé”;
(c) in subsection (6) of the English version by striking out “his or her” and substituting “the adjudicator’s”;
(d) by repealing subsection (7) and substituting the following: 
44(7)The adjudicator may attach to the order or a registration any terms and conditions that the adjudicator considers appropriate.
20Section 46 of the Act is amended
(a) in the portion preceding paragraph a) of the French version by striking out “le droit réglementaire” and substituting “les droits fixés par règlement”; 
(b) in paragraph (c) of the English version by striking out “his or her order” and substituting “an order”.
21Subsection 48(3) of the Act is amended by striking out “refusal, revocation or suspension” and substituting “refusal or revocation”.
22Section 54 of the Act is amended
(a) in subsection (1) of the French version by striking out “des biens ou des services réglementaires” and substituting “de ceux précisés par règlement”;
(b) by repealing subsection (2) and substituting the following: 
54(2)A registered supplier that provides goods or services in relation to a gaming event shall ensure that the goods or services do not violate the requirements and standards prescribed by regulation or, in the case of a licensed lottery scheme, the terms and conditions of the licence for the lottery scheme.
(c) by adding after subsection (2) the following: 
54(3)A 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 and standards prescribed by regulation.
23Section 55 of the Act is repealed and the following is substituted: 
55(1)A registered supplier that provides gaming premises shall ensure that the premises is operated in accordance with this Act, the regulations and the terms and conditions of the supplier’s registration.
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 and conditions of the registration of the supplier of the premises and the terms and conditions of the gaming assistant’s registration.
24Section 56 of the Act is amended by striking out “No registered supplier or registered gaming assistant” and substituting “No registered supplier”.
25Section 58 of the Act is amended
(a) in subsection (1) of the French version by striking out “registres réglementaires” and substituting “registres exigés par règlement”;
(b) by repealing subsection (2);
(c) in subsection (4) by striking out “on such terms as” and substituting “subject to any terms and conditions”;
(d) by adding after subsection (4) the following: 
58(5)Every registered supplier shall, at the request of the Registrar, deliver to the Registrar any of the records that the registered supplier is required to keep under this Act or the regulations.
26Section 59 of the Act is repealed and the following is substituted: 
59Any licensee, registered supplier or registered gaming assistant shall facilitate inspections under this Part.
27Subsection 60(1) of the Act is repealed and the following is substituted: 
60(1) The Minister may appoint any person to be an inspector for the purpose of ensuring compliance with this Act, the regulations, the terms and conditions of a licence, the terms and conditions of a registration and the requirements and standards prescribed by regulation.
28The heading “Definition of “record”” preceding section 61 of the Act is repealed.
29Section 61 of the Act is repealed.
30Subsection 65(1) of the English version of the Act is amended by striking out “his or her” and substituting “the inspector’s”.
31Subsection 66(2) of the Act is amended in the portion preceding paragraph (a) by striking out “terms of a licence” and substituting “terms and conditions of a licence”.
32Section 70 of the Act is amended
(a) in subsection (3) of the English version by striking out “his or her” and substituting “the adjudicator’s”;
(b) by repealing subsection (4) and substituting the following: 
70(4)The adjudicator may attach to the order any terms and conditions that the adjudicator considers appropriate.
33Subsection 71(2) of the English version of the Act is amended by striking out “he or she” and substituting “the judge”.
34Paragraph 74(1)(c) of the English version of the Act is amended by striking out “a term of registration” and substituting “the terms and conditions of registration”.
35Subsection 83(1) of the Act is amended
(a) by adding after paragraph (a) the following: 
(a.1) the issuance or non-issuance of a licence,
(b) in paragraph (c) by striking out “non-registration, filing” and substituting “non-registration, issuance or non-issuance of a licence, filing”.
36Section 86 of the Act is amended
(a) by renumbering the section as subsection 86(1);
(b) in subsection (1)
(i) in paragraph (a) by striking out “Gaming Control Branch” and substituting “branch responsible for gaming control”;
(ii) by repealing paragraph (b) and substituting the following: 
(b) governing applications for licences or renewal of licences;
(iii) by adding after paragraph (b) the following: 
(b.1) prescribing information or documents to be supplied by applicants for a licence or renewal of a licence;
(b.2) prescribing fees payable on application for a licence or renewal of a licence;
(b.3) governing or prohibiting the activities of licensees;
(b.4) prescribing the maximum number of gaming events allowed to be conducted and managed under a licence;
(iv) in paragraph (c) by striking out “terms and conditions” and substituting “requirements”;
(v) by adding after paragraph (d) the following: 
(d.1) governing the duration of licences;
(vi) in paragraph e) of the French version by striking out “du produit” and substituting “des recettes”;
(vii) by adding after paragraph (e) the following: 
(e.1) prescribing the minimum percentage of the gross proceeds from a licensed lottery scheme that shall be used for charitable or religious objects or purposes;
(e.11) prescribing the maximum percentage of gross proceeds from a licensed lottery scheme that may be used to pay for prizes and the administrative expenses of conducting and managing a lottery scheme;
(e.2) requiring the giving of security by a licensee, respecting the nature, form, amount, terms and conditions of forfeiture of that security, and regulating the disposition of the proceeds of that security on forfeiture;
(e.21) requiring and governing records to be kept by licensees;
(e.3) prescribing the information contained in the advertising of a licensed lottery scheme and authorizing the Registrar to require additional information in the advertising;
(e.4) prohibiting the award of certain kinds of prizes under a licensed lottery scheme;
(e.5) prescribing the amounts and values of prizes that are allowed to be awarded under a licensed lottery scheme;
(e.6) respecting the testing and approval of electronic gaming equipment and the requirements and standards for electronic gaming equipment;
(e.7) prohibiting the tampering with electronic gaming equipment or the use of devices by persons that could facilitate cheating;
(e.8) authorizing the Registrar to allow the donation of bingo equipment;
(e.9) prescribing games of chance that may be played under a licence and authorizing the Registrar to allow additional games of chance be played;
(viii) by adding after paragraph (f) the following: 
(f.1) governing eligibility requirements of applicants for registration;
(ix) in paragraph (i) by striking out “registered suppliers and gaming assistants” and substituting “licensees, registered suppliers and gaming assistants”;
(x) by adding after paragraph (i) the following: 
(i.1) governing the duration of a registration;
(xi) by repealing paragraph (j);
(xii) in paragraph (m) by striking out “such terms as may be prescribed or imposed by the Registrar” and substituting “the terms and conditions imposed by the Registrar”;
(xiii) in paragraph (p) by striking out “books, accounts and other records” and substituting “records”;
(c) by adding after subsection (1) the following: 
86(2)A regulation with respect to licences made under subsection (1) may vary for or be made in respect of different classes of licences.
86(3)A regulation with respect to registrations made under subsection (1) may vary for or be made in respect of different classes of registration.
TRANSITIONAL PROVISIONS AND COMMENCEMENT
Transitional provisions
37(1)Any licence issued by the Registrar before the commencement of this section that is valid, and of full force and effect immediately before the commencement of this section, continues to be valid and of full force and effect until the licence expires or is suspended or revoked in accordance with this Act or the regulations.
37(2)On the commencement of this section, any permit concerning a lottery scheme issued by the Registrar that is valid and of full force and effect immediately before the commencement of this section shall be deemed to be a licence issued under this Act and shall continue to be valid and of full force and effect until the permit expires or is suspended or revoked in accordance with this Act or the regulations.
37(3)Any certificate of registration of a registered supplier that provides goods or services related to the conduct, management or operation of a lottery scheme that is issued by the Registrar before the commencement of this section, and that is valid and of full force and effect immediately before the commencement of this section, continues to be valid and of full force and effect until the certificate of registration expires, is suspended or revoked or is cancelled on the request of the registered supplier in accordance with this Act or the regulations.
37(4)Any fee collected by the Registrar with respect to a licence, permit or certificate of registration that was issued before the commencement of this section shall be deemed to have been validly collected and is confirmed and ratified.
37(5)Any act or thing done by the Registrar with respect to a licence, permit or certificate of registration that was issued before the commencement of this section shall be deemed to have been validly done and is confirmed and ratified.
37(6)No action or other proceeding to question or in which is questioned the validity of the licences, permits, certificates of registration or fees referred to in subsections (1), (2), (3) or (4), or the authority of the Registrar to issue those licences, permits or certificates of registration or collect those fees, shall lie or be instituted against the Crown in right of the Province or the Registrar, if the Registrar acted in good faith.
Commencement
38This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.