<<SR_PageTitle>>

Regulation number	Title
G-1.5	Gaming Control Act

Under section 86 of the Gaming Control Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the Casino Regulation - Gaming Control Act.

2The following definitions apply in this Regulation.

“Act” means the Gaming Control Act.(Loi)

“cashless wagering system” means the collective hardware, software and other equipment used to facilitate wagering without chips, tokens or legal tender.(système de pari sans argent liquide)

“casino” means a casino operated by a person under an agreement with the Corporation.(casino)

“casino employee” means an individual who is employed in the operation of a casino who(employé d’un casino)

(a) works in a sensitive area of the casino,

(b) is authorized to issue complimentaries to reward customers of the casino or to promote customer loyalty,

(c) is the immediate supervisor of any person whose duties are covered under paragraphs (a) or (b), or

(d) is the manager, or holds any managerial position above that level, of the immediate supervisors of the housekeeping or maintenance employees of the casino operator.

“casino key employee” means an individual who is employed in the operation of a casino and who(employé clé d’un casino)

(a) manages casino employees, directly or indirectly, other than those who are casino housekeeping or maintenance employees,

(b) exercises significant decision-making authority with respect to the operation of the casino,

(c) is responsible for human resources and staffing of the casino or is in charge of the accounting, internal audit, purchasing, compliance or information technology areas of a casino,

(d) is an officer of the casino operator, or

(e) provides training, under contract with the casino operator, to individuals in gaming, dealing, equipment installation, maintenance or repairs or any other gaming-related aspect of the casino.

“casino operator” Repealed: 2019, c.31, s.6

“chip” means a symbol of value that is issued for the playing of games of chance in a casino and that is redeemable for cash at the casino. (jeton)

“Corporation” means the New Brunswick Lotteries and Gaming Corporation.(Société)

“electronic gaming equipment” means equipment for the playing of lottery schemes on or through computers or video devices.(appareil de jeu électronique)

“gaming equipment” means equipment that(appareil de jeu)

(a) could influence the outcome of a game of chance that is held in a casino, or

(b) is integral to the conduct, management or operation of a game of chance described in paragraph (a).

“gaming management system” means any computer-based equipment or equipment that relies on mechanical or electronic devices used in the operation of a game of chance held in a casino, and includes cashless wagering systems, links connected to progressive slot machines or electronic gaming equipment, computerized keno games, computerized systems for monitoring slot machines or electronic gaming equipment, stand-alone progressive systems for table games that have progressive jackpots and equipment used for recording or transmitting gaming information or information about transactions relating to gaming security.(système de gestion de jeux)

“gaming supplier” means a person who(fournisseur de biens ou de services relatifs au jeu)

(a) manufactures, provides, installs, maintains or repairs gaming equipment or provides gaming services that

(i) could influence the outcome of a game of chance that is held in a casino, or

(ii) is integral to the conduct, management or operation of a game of chance described in subparagraph (i),

(b) manufactures, provides, installs, maintains or repairs a surveillance system in a casino,

(c) manufactures, provides, installs, maintains, repairs or operates a gaming management system in or for a casino,

(d) is a junket operator or junket representative, or

(e) under contract with a casino operator, provides training to individuals in gaming, dealing, equipment installation, maintenance or repairs or any other gaming-related aspect of the casino, but is not a registered casino key employee.

“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)

“junket operator” or “junket representative” means a person who is retained to bring customers to a casino and who is compensated based on the level of play of those customers.(organisateur de forfaits-casino)ou(représentant d’un organisateur de forfaits-casino)

“non-gaming supplier” means a person who provides goods or services that relate to the construction, furnishing, repair, maintenance or business of a casino, but that are not directly related to the playing of games of chance.(fournisseur de biens ou de services non 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)

“primary chips” means chips that are used for playing games of chance at a casino.(jetons primaires)

“Registrar” means the Registrar of Gaming Control.(registraire)

“secondary chips” means a spare set of chips that may be put into circulation at a casino if the primary chips can no longer be used because of counterfeiting.(jetons secondaires)

“sensitive area” means the pits, the cashiering area, the count room, the surveillance room, any room where gaming equipment is stored, the card drilling room and the gaming equipment technical room in a casino.(secteur sécurisé)

“slot machine” has the same meaning as in subsection 198(3) of the Criminal Code (Canada).(appareil à sous)

“test laboratory” means a person that tests gaming equipment and gaming management systems.(laboratoire d’essai)

“trade union” means a trade union as defined in the Industrial Relations Act that represents persons employed in a casino.(syndicat)

2015-10; 2019, c.31, s.6

GAMING ASSISTANTS

Persons required to be registered as gaming assistants

3The following persons are required to be registered as gaming assistants under the Act:

(a) casino key employee;

(b) casino employee;

(c) gaming supplier employee; and

(d) non-gaming supplier employee.

2015-10

Actions of casino key employee

4No person, other than a registered casino key employee, is authorized to do any of the actions described in the definition “casino key employee” in section 2.

Actions of casino employee

5No person, other than a registered casino employee, is authorized to do any of the actions described in the definition “casino employee” in section 2.

Actions of gaming supplier employee

2015-10

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.

2015-10

Actions of non-gaming supplier employee

2015-10

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.

2015-10

Eligibility for registration

2021-77

5.3Only an individual who is at least 19 years old is eligible to be a registered gaming assistant.

2021-77

Application for registration or renewal

6(1)An application for registration or renewal of registration as a gaming assistant shall be in a form provided by the Registrar and shall state the class of registration for which the applicant is applying and an address for service in New Brunswick.

6(2)The application shall be accompanied by the non-refundable fee prescribed in subsection (3).

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.

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).

6(4)An application for registration as a casino key employee or casino employee shall be accompanied by an offer of employment by a casino operator.

6(5)The offer of employment mentioned in subsection (4)

(a) shall be signed by an authorized signing officer,

(b) shall be conditional on the application being granted, and

(c) shall not have been withdrawn before the application is granted.

2015-10

Disposal of application

7(1)Upon receiving a completed application under section 6, the Registrar shall consider the application and either grant it or refuse it.

7(2)Upon granting an application, the Registrar shall issue a registration identification card to the applicant stating the date of issuance of the registration.

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.

7(4)Notwithstanding subsection (3), the registration of a casino key employee or casino employee terminates if the registrant’s employment with the casino operator named in the registrant’s registration is terminated.

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.

2015-10

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 branch responsible for gaming control 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.

2015-10; 2021-77

Terms of registration

9(1)It is a term of registration of every casino key employee and every casino employee that the registrant

(a) shall serve the Registrar with a written notice of any change of address for service within 5 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 not play a game of chance at the casino at which he or she is employed, and

(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.

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.

2015-10

Transfer of registration

2015-10

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.

2015-10

Amendment of registration

2015-10

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.

2015-10

SUPPLIERS

Persons required to be registered as suppliers

10The following persons are required to be registered as suppliers under the Act:

(a) a casino operator;

(b) a gaming supplier;

(c) a non-gaming supplier that provides goods or services to a casino operator;

(c.1) a test laboratory; and

(d) a trade union.

2009-69; 2015-10

Classes

2015-10

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.

2015-10

Exemption from registration

Repealed: 2015-10

2009-69; 2015-10

10.1Repealed: 2015-10

2009-69; 2015-10

Actions of casino operator

11No person other than a registered casino operator is authorized to operate a casino.

Actions of gaming supplier

12No person other than a registered casino operator or a registered gaming supplier is authorized to do any of the actions described in the definition “gaming supplier” in section 2.

Actions of non-gaming supplier

13(1)No person other than a registered non-gaming supplier is authorized to provide goods and services referred to in the definition “non-gaming supplier” in section 2 to a casino operator in an amount that is equal to or greater than $500,000 in any fiscal year of the casino operator.

13(2)Nothing in subsection (1) prevents a casino operator from doing any of the actions in the definition “non-gaming supplier” in section 2.

2009-30; 2009-69; 2015-10

Actions of test laboratory

2015-10

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.

2015-10

Due diligence re unregistered non-gaming supplier

14(1)A casino operator shall satisfy itself with respect to a non-gaming supplier that provides more than $100,000 but less than $500,000 worth of goods or services to the operator in the fiscal year of the casino operator that the supplier

(a) is financially responsible in the conduct of its business, and

(b) will act in accordance with the law and with honesty and integrity.

14(2)Subsection (1) applies to a casino operator with respect to the construction and pre-opening phase of the casino to be operated by it.

14(3)A casino operator may elect not to act under subsection (1) or (2) if the non-gaming supplier is regulated by another government agency that does background checks or is regulated by a statutorily established self-regulating body.

14(4)If a casino operator makes an election under subsection (3), the casino operator shall inform the Registrar without delay.

2009-69

Eligibility for registration

2021-77

14.1Only a corporation, partnership or sole proprietorship or an individual who is at least 19 years old is eligible to be a registered supplier.

2021-77

Application for registration or renewal

15(1)An application for registration or renewal of registration as a supplier shall be in a form provided by the Registrar and shall state the class of registration for which the applicant is applying and an address for service in New Brunswick.

15(2)The application shall be accompanied by the non-refundable fee prescribed in subsection (3).

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.

15(4)A person who, on the day that this section comes into force, is carrying on the activities of a non-gaming supplier and who is required to be registered as a non-gaming supplier may continue such activities until the person’s application for registration as a non-gaming supplier has been granted or refused by the Registrar.

15(5)An application by a person referred to in subsection (4) shall be made to the Registrar no later than 90 days after the day this section comes into force.

15(6)Paragraph (3)(b) does not apply to a registered casino operator that applies to be registered as a gaming supplier.

2009-30; 2009-69; 2015-10

Disposal of application

16(1)Upon receiving a completed application under section 15, the Registrar shall consider the application and either grant it or refuse it.

16(2)Upon granting an application, the Registrar shall issue a certificate of registration to the applicant stating the date of issuance of the registration.

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.

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.

2015-10

Certificate of registration

17Every supplier registered pursuant to this Regulation shall prominently display the supplier’s certificate of registration or a copy of the certificate at the business premises identified in the supplier’s registration.

Terms of registration

18The requirements set out in sections 19 to 25.01 for suppliers registered pursuant to this Regulation are terms of their registration.

2015-10

Change in address

19Every supplier registered pursuant to this Regulation 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

20Within 5 days after any change in the officers or directors of a corporation or in the membership of a partnership that is a supplier registered pursuant to this Regulation, the corporation or partnership shall disclose the change by filing a disclosure with the Registrar.

Change of interests

21Within 5 days after any change in the holders of 5% or more of any shares in a corporation or partnership registered as a supplier pursuant to this Regulation, the corporation or partnership shall disclose the change by filing a disclosure with the Registrar.

Reporting of charge or offence

22Every supplier registered pursuant to this Regulation shall notify the Registrar if the supplier, including any of its officers, directors or partners, or a person deemed to be interested in the supplier, has been charged or convicted of any offence in any jurisdiction within 15 days after such charge or conviction.

2009-69

Responsibility for conduct of employees

23Every supplier registered pursuant to this Regulation is responsible for the conduct of every person employed by the supplier in the performance of their duties in relation to the supplier’s registration.

Required registration of employees

24Every supplier registered pursuant to this Regulation shall ensure that every individual employed by the supplier in relation to the supplier’s registration has the registration required to perform the functions assigned to or carried out by the employee.

Reporting re employees

25A casino operator shall file with the Registrar the name of a registered casino key employee or casino employee whom the casino operator has ceased to employ within 7 days after the employee’s termination.

Terms and conditions of shipment

2015-10

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 branch responsible for gaming control that apply to the shipment of gaming equipment and gaming management systems.

2015-10; 2021-77

Application for exemption

Repealed: 2015-10

2009-69; 2015-10

25.1Repealed: 2015-10

2009-69; 2015-10

Decision of Registrar

Repealed: 2015-10

2009-69; 2015-10

25.2Repealed: 2015-10

2009-69; 2015-10

Revocation of exemption

Repealed: 2015-10

2009-69; 2015-10

25.3Repealed: 2015-10

2009-69; 2015-10

Terms of exemption

Repealed: 2015-10

2009-69; 2015-10

25.4Repealed: 2015-10

2009-69; 2015-10

Change in address

Repealed: 2015-10

2009-69; 2015-10

25.5Repealed: 2015-10

2009-69; 2015-10

Change in officers, membership

Repealed: 2015-10

2009-69; 2015-10

25.6Repealed: 2015-10

2009-69; 2015-10

Change of interests

Repealed: 2015-10

2009-69; 2015-10

25.7Repealed: 2015-10

2009-69; 2015-10

Reporting of charge or offence

Repealed: 2015-10

2009-69; 2015-10

25.8Repealed: 2015-10

2009-69; 2015-10

Responsibility for conduct of employees

Repealed: 2015-10

2009-69; 2015-10

25.9Repealed: 2015-10

2009-69; 2015-10

RULES OF PLAY

Games of chance and rules of play

26(1)A casino operator shall file with the Registrar a complete description of each game of chance that it intends to offer for play at the casino.

26(2)The description shall include

(a) a summary of the game, including its objectives, and the rules of play for the game, and

(b) the chances of winning the game and the advantage of the house in relation to each wager.

26(3)A casino operator shall ensure that the games of chance are played in accordance with the rules of play filed with the Registrar.

26(4)A casino operator shall ensure that any changes to the rules of play are not implemented unless they have been filed with the Registrar at least 5 days before the changes are implemented.

26(5)When a casino operator files a description under subsection (1) or a change under subsection (4), the casino operator shall ensure that a written copy of the Corporation’s approval of the description or the change accompanies the filing.

Provision of rules of play upon request

27A casino operator shall, on request, provide a player with a description of the rules of play of any game of chance offered for play at the casino, except for games played on electronic gaming equipment.

Maximum and minimum wagers

28(1)A casino operator shall ensure that a sign indicating the maximum and minimum wagers permitted at a game of chance offered for play at the casino is posted at each table at which the game is played and is clearly visible to the players at that table.

28(2)A casino operator shall ensure that the maximum wager for each game of chance is filed with the Registrar before the game is offered for play at the casino, and that before the maximum wager is changed, notice of the change is filed with the Registrar.

GAMING EQUIPMENT AND GAMING MANAGEMENT SYSTEMS

Approval of gaming equipment and gaming management systems

29(1)A registered gaming supplier shall not provide, install, maintain or repair gaming equipment or a gaming management system for a casino unless

(a) the gaming equipment or gaming management system complies with the requirements established by the Corporation, and

(b) the Registrar has approved the gaming equipment or the system for use.

29(2)A registered gaming supplier shall not provide gaming equipment or a gaming management system for a casino except in accordance with the Registrar’s approval.

29(3)A registered gaming supplier shall not modify the gaming equipment or a gaming management system approved by the Registrar without the prior written approval of the Registrar for the modification, and shall disclose to the Registrar all of the modifications at the time of requesting the Registrar’s approval for a modification.

29(4)In determining whether to approve gaming equipment or a gaming management system under subsection (1) or modifications under subsection (3), the Registrar

(a) shall have regard to the minimum standards established by the Registrar with respect to technical integrity, safety and security of the equipment or the system, as the case may be, including its reporting capability,

(b) may require that the equipment or the system, as the case may be, be tested with respect to the factors mentioned in paragraph (a) at the expense of the supplier, and

(c) may approve, without testing, the equipment or the system, as the case may be, if it has been approved in another jurisdiction in North America where gaming is legal, but only if the supplier provides evidence of the approval and certifies that the equipment complies with the Registrar’s minimum standards for gaming equipment and gaming management systems.

Problems with gaming equipment or gaming management system

30(1)A registered gaming supplier shall notify the Registrar and the Corporation in writing immediately if the supplier becomes aware of any problem with the integrity, security or reporting capability of any gaming equipment or gaming management system at a casino.

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.

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.

2015-10

Seal

2015-10

30.1No person, other than an inspector, shall remove the seal of the branch responsible for gaming control from any gaming equipment or gaming management system.

2015-10; 2021-77

Use of gaming equipment or gaming management system

31(1)A casino operator shall not offer for customer play, and shall not use, gaming equipment or a gaming management system in the casino unless it has been approved by both the Registrar and the Corporation and complies with the requirements and standards for gaming equipment or gaming management systems established by the Corporation and the Registrar.

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.

2015-10

Tampered gaming equipment

32A casino operator shall not permit any person to use gaming equipment in the casino if the equipment has been, in any way, tampered with so that it could affect

(a) its integrity, security or reporting capability, or

(b) the outcome or pay-out of a game of chance held at the casino.

Sale of gaming equipment and gaming management systems

2015-10

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.

2015-10

Shipment of gaming equipment and gaming management systems to gaming supplier

2015-10

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.

2015-10

USE OF DEVICES IN CASINO

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.

2015-10

Use of device near gaming table

34A casino operator shall ensure that any person who uses a cell phone, or any other communication or receiving device, in the casino stands sufficiently distant from gaming tables when using the device so he or she is not able to read the cards at the table while using the device.

CHIPS

Approval of chips

35(1)A gaming supplier shall not

(a) supply chips for a casino unless the Registrar has approved them, or

(b) supply approved chips for a casino except in accordance with the Registrar’s approval.

35(2)The Registrar may approve a chip that

(a) does not resemble the coinage of Canada,

(b) is designed and manufactured to minimize the possibility of counterfeiting,

(c) is designed and manufactured to permit the value of each chip in a stack of chips to be distinguished when viewed on a closed-circuit television,

(d) bears the manufacturer’s name or a distinctive logo or other mark identifying the manufacturer,

(e) bears the name of the casino, and

(f) except in the case of non-value chips used exclusively for the playing of roulette,

(i) indicates the value of the chip, and

(ii) includes anti-counterfeiting security features.

35(3)The Registrar may approve, without testing, chips that have been approved in another jurisdiction in North America where gaming is legal.

35(4)A gaming supplier or a casino operator who seeks the Registrar’s approval of chips shall pay the costs incurred in having them examined or tested.

Primary and secondary sets of chips

36(1)A casino operator shall have a primary and secondary set of chips at all times in a casino for all denominations of $20 or more.

36(2)The secondary set of chips shall consist of chips of a different colour than those in the primary set.

36(3)A casino operator shall remove the primary set of chips from play if

(a) the chips in the set are in some way defective,

(b) the casino operator believes that there are counterfeit chips in play, or

(c) the Registrar has reasonable grounds for believing that the circumstances set out in paragraph (a) or (b) exist and requests the removal.

36(4)A casino operator shall inform the Registrar and the Corporation immediately whenever the casino operator removes any denomination of the primary set of chips from play and shall also inform them of the reason for their removal from play.

36(5)Upon removing the primary set of chips from play, a casino operator shall replace it with the secondary set of chips and obtain a new secondary set of chips.

Use of chips

37(1)A casino operator shall not issue or permit the use of chips for playing games of chance, or redeem those chips, unless the Registrar has approved the chips.

37(2)A casino operator shall not issue or permit the use of approved chips for playing games of chance except in accordance with the Registrar’s approval.

INTERNAL CONTROLS

Filing of internal controls

38(1)Before a casino may open, a casino operator shall file with the Registrar a system of internal controls to be put in place in the casino that meets the minimum standards established by the Corporation, along with a copy of the Corporation’s approval of the system of internal controls.

38(2)A casino operator shall provide for a system of internal controls for the following areas of the casino:

(a) table games;

(b) electronic gaming devices;

(c) cashiering;

(d) count room; and

(e) casino accounting.

38(3)A casino operator shall ensure that the internal controls provide for compliance with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and regulations under that Act.

38(4)A casino operator who proposes to make changes to an approved internal control system shall file with the Registrar for approval an amendment to the internal control system showing the proposed changes, along with a copy of the Corporation’s approval of the proposed changes.

38(5)In determining whether to approve any proposed changes to an internal control system, the Registrar shall consider whether the system provides reasonable assurance with respect to the requirements set out below:

(a) financial records and reporting will be accurate, reliable and prepared on a timely basis;

(b) the potential for error and fraud has been minimized;

(c) functions, duties and responsibilities of employees of the casino operator are appropriately segregated; and

(d) money, money equivalents and other assets will be safeguarded.

38(6)A casino operator shall ensure that

(a) its operations are conducted in accordance with the internal control system approved by the Corporation and filed with the Registrar, and

(b) no changes are made to the internal control system without the prior approval of the Corporation and the Registrar.

2015-10

Review of internal control system

39(1)A casino operator shall have an independent review of the internal control system conducted at the casino operator’s expense after the first year of operation of the casino and every second year after the first year of operation.

39(2)A casino operator shall ensure that the person selected to conduct the independent review referred to in subsection (1) is acceptable to the Registrar.

39(3)The person who conducts the review shall prepare a report on whether or not the system is in compliance with the casino operator’s stated internal control system as approved by the Corporation and the Registrar, as applicable.

39(4)The report shall set out all suggestions for improvements or changes to the internal control system.

39(5)A casino operator shall

(a) file the report with the Registrar within the time period specified by the Registrar, and

(b) file a copy of the report at the same time with the Corporation.

39(6)The Registrar may make recommendations for changes to the internal control system as a result of a review under this subsection to the casino operator and the Corporation, who shall ensure that the recommendations are acted upon.

Changes to internal control system

40The Corporation may require a casino operator to make changes to the internal control system at any time, and the casino operator shall, before implementing the changes, obtain the approval of the Registrar.

SECURITY

Filing of security policies and procedures

41(1)Before a casino may open, a casino operator shall file with the Registrar a copy of its policies and procedures relating to security at the casino, along with a copy of the Corporation’s approval of the policies and procedures.

41(2)The policies and procedures shall include

(a) procedures for handling, moving and storing money and money equivalents,

(b) procedures for transferring money between the casino and a financial institution,

(c) procedures for ensuring the security of gaming equipment at the casino or in any off-site warehouse,

(d) procedures for controlling access to keys to sensitive areas, to gaming equipment and to other equipment storing money or money equivalents,

(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,

(f) procedures for ensuring that individuals under the age of 19 years do not enter the premises, and

(g) procedures for ensuring that individuals who have been served with a direction to exclude or who self-exclude do not enter the casino.

41(3)A casino operator who proposes to make changes to the approved policies and procedures relating to security shall file with the Registrar for approval an amendment to the policies and procedures showing the proposed changes, along with a copy of the Corporation’s approval of the proposed changes.

41(4)In determining whether to approve the policies and procedures under subsection (1) or proposed changes under subsection (3), the Corporation or the Registrar, as the case may be, shall have regard to security at the premises and the integrity of the operations at the premises.

41(5)A casino operator shall ensure that

(a) its operations are conducted in accordance with the policies and procedures relating to security approved by the Corporation and filed with the Registrar, and

(b) no changes are made to the policies and procedures without the prior approval of the Corporation and the Registrar.

2015-10

Access to sensitive area

2015-10

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.

2015-10

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.

2015-10

Security identification badges

43(1)A casino operator shall ensure that the employees working in the casino wear a security photo identification badge that denotes the area in which they work and the level of access, if any, that the employee has to a sensitive area.

43(2)Repealed: 2015-10

2015-10

SURVEILLANCE

Separation of surveillance area

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.

2015-10

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.

2015-10

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.

2015-10

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.

2015-10

Filing of surveillance plan

48(1)Before a casino may open, a casino operator shall file a surveillance plan with the Registrar, along with a copy of the Corporation’s approval of the surveillance plan.

48(2)The surveillance plan shall include the following:

(a) a copy of the plan of the casino floor and all sensitive areas of the casino that identifies the placement of all cameras and describes the camera types;

(b) a description of the surveillance equipment and its capabilities;

(c) a description of the casino operator’s policies and procedures with respect to surveillance, including policies governing access to the surveillance room; and

(d) a description of the casino operator’s plan for carrying out surveillance if the surveillance equipment in use were to fail in any area governed by the Corporation’s minimum surveillance standards.

48(3)A casino operator who proposes to make changes to an approved surveillance plan shall file with the Registrar for approval an amendment to the surveillance plan showing the proposed changes, along with a copy of the Corporation’s approval of the proposed changes.

48(4)In determining whether to approve a surveillance plan or the proposed changes to a surveillance plan, the Registrar shall have regard to security at the premises and the integrity of the operations at the premises and shall ensure that any proposed changes comply with the Registrar’s minimum standards.

48(5)A casino operator shall ensure that

(a) its operations are conducted in accordance with the surveillance plan filed with the Registrar, and

(b) no changes are made to the surveillance plan without the prior approval of the Corporation and the Registrar.

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.

2015-10

EXCLUSIONS FROM PLAYING GAMES OF CHANCE OR FROM CASINO

Individuals prohibited from playing games of chance

50(1)A casino operator shall not permit the following individuals to play games of chance at the casino:

(a) individuals who appear to be intoxicated;

(b) every individual whom the casino operator knows or ought to know has self-excluded himself or herself under section 52 and who has not, to the casino operator’s knowledge, terminated the exclusion;

(c) an individual whom the casino operator has reason to believe has been excluded from the premises under section 55;

(d) officers, directors or partners of the casino operator and its parent company;

(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

(f) an individual whom the casino operator knows or ought to know has been excluded from a casino or any other gaming premises in any other jurisdiction.

50(2)The following individuals shall not play a game of chance at a casino operated by a casino operator:

(a) the Registrar, Deputy Registrars, any person employed in the branch responsible for gaming control, 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;

(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;

(b) directors, officers or employees of the Corporation;

(c) a Minister responsible for the administration of any part of the Act; and

(d) executives or staff of a trade union that represents or negotiates on behalf of gaming employees at the casino.

50(3)Notwithstanding subsection (2), an inspector may play a game of chance in a casino for the purposes of ensuring compliance with the Act or this Regulation by a casino operator or a registered gaming assistant.

2015-10; 2021-77

Persons under the age of majority

51(1)A person under the age of 19 years shall not enter a casino or play a game of chance in a casino.

51(2)A casino operator shall ensure that a person under the age of 19 years does not enter a casino or play a game of chance in a casino.

Approval of self-exclusion policy

52(1)Before a casino may open, a casino operator shall file a policy with the Registrar for approval, along with a copy of the Corporation’s approval of the policy, that provides for

(a) a process for players to exclude themselves from playing games of chance, and

(b) a process for players who have excluded themselves from playing games of chance to terminate the exclusion.

52(2)A casino operator shall ensure that its policy has been approved by the Corporation and the Registrar before the casino opens.

52(3)A casino operator who proposes to make changes to the approved policy shall file with the Registrar for approval an amendment to the policy showing the proposed changes, along with a copy of the Corporation’s approval of the proposed changes.

52(4)A casino operator shall ensure that

(a) its operations are conducted in accordance with the policy approved by the Registrar, and

(b) no changes are made to the policy without the Registrar’s prior approval.

Criteria for direction to exclude

53For the purposes of section 54, the following are prescribed as criteria for refusing an individual access to a casino:

(a) the individual has been excluded from premises where gaming occurs by any other jurisdiction where gaming is legal;

(b) the individual has cheated at a game of chance held in a casino or at any other gaming premises; or

(c) the individual has acted in a way that would adversely affect public confidence that games of chance and casino operations in general are free from criminal or corrupting elements and are conducted in accordance with the principles of honesty and integrity.

Notice of direction to exclude

54(1)Before the Registrar issues a direction to a casino operator and the Corporation requiring them to refuse to allow an individual access to a casino, the Registrar shall serve a notice of the proposed direction on the individual by registered mail to the individual’s last known address.

54(2)The notice of the proposed direction shall

(a) identify the individual,

(b) set out the reasons for refusing access to the individual,

(c) advise the individual of the right to make written submissions to the Registrar as to why the individual should not be refused access to the casino, and

(d) state the time period, which shall be at least 15 days after service of the notice, within which the individual may make the submissions mentioned in paragraph (c).

Direction to exclude

55(1)After considering whatever submissions an individual makes, or the time period for making written submissions has elapsed, the Registrar shall issue a direction to the casino operator, with a copy to the Corporation, requiring it to refuse to allow an individual access to the casino, if the Registrar is satisfied that he or she should do so based on the criteria set out in section 53.

55(2)The direction shall include

(a) the individual’s name, as well as known aliases, if any,

(b) the individual’s date of birth, if known,

(c) the individual’s last known home address and business address, and

(d) a physical description and a recent photograph of the individual, if available.

55(3)The Registrar shall serve a copy of the direction on the individual by registered mail at the individual’s last known address.

Revocation of direction to exclude

56(1)After 5 years have elapsed since the issuing of a direction against an individual under section 55, the individual may file a request with the Registrar asking that the Registrar revoke the direction.

56(2)The individual shall state the grounds for the request, along with all necessary detail in support of it.

56(3)The Registrar shall revoke the direction if he or she is satisfied that the individual has shown cause why the direction should be revoked.

56(4)If the Registrar is satisfied that the individual has shown cause why the direction should be revoked, the Registrar shall issue a direction to that effect to the casino operator, with a copy to the Corporation and, on receiving it, the casino operator shall no longer refuse the individual access to the casino.

56(5)The Registrar shall serve a copy of the direction issued under subsection (4) on the individual by registered mail addressed to the individual’s last known address.

CREDIT AND CHEQUE CASHING

Credit and cheque cashing prohibited

57(1)A casino operator shall not permit a player to play games of chance at the casino other than on a cash basis.

57(2)A casino operator shall not advance credit to a player or permit the player to cash personal cheques or third party cheques at the casino.

COMPLIANCE PROGRAM

Compliance program

58(1)A casino operator shall establish a compliance program for ensuring compliance with the requirements of the Act and this Regulation.

58(2)A compliance program shall include the following features:

(a) the appointment of a compliance officer who

(i) reports directly to the General Manager or President, with access to the board of directors of the entity that operates the casino, and

(ii) is responsible for implementing the compliance program;

(b) a process to ensure compliance with policies and procedures, including an ongoing compliance training program, as appropriate; and

(c) the appointment of a Compliance Committee, which shall be a subcommittee of the casino operator’s board of directors and which meets at least quarterly and is responsible for overseeing the compliance program.

58(3)The members constituting the Compliance Committee and the terms of reference of the Compliance Committee shall be approved by the Registrar.

58(4)The minutes of each meeting of the Compliance Committee shall be filed with the Registrar within 30 days after the meeting of the committee, and shall include a sufficient level of detail so the Registrar can understand what was discussed and decided at the meeting.

REPORTING REQUIREMENTS

Reporting by casino operator

59Where a casino operator is required to serve a written notice under section 19, file a disclosure under section 20 or 21, or report a charge or offence under section 22, the casino operator shall report the matter at the same time to the Corporation.

PRESCRIBED OFFENCES

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).

2009-30; 2015-10

COMMENCEMENT

Commencement

61This Regulation comes into force on April 1, 2009.

N.B. This Regulation is consolidated to October 15, 2021.

2009-24 - Casino

Copy to Clipboard