Acts and Regulations

2021-79 - Charitable Gaming Licensees

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2021-79
under the
Gaming Control Act
(O.C. 2021-250)
Filed October 15, 2021
Under section 86 of the Gaming Control Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Charitable Gaming Licensees Regulation – Gaming Control Act.
Definitions
2The following definitions apply in this Regulation.
“bingo equipment” means bingo equipment as defined in the Registered Charitable Gaming Suppliers Regulation under the Gaming Control Act.(appareil de bingo)
“charitable or religious object or purpose” includes objects or purposes which(fins religieuses ou de bienfaisance)
(a) promote the relief of poverty,
(b) promote the advancement of religion or education, or
(c) are of a charitable or religious nature.
“charitable or religious organization” means an organization located in the Province that does not carry on any business or activity for direct or indirect pecuniary gain to its members and whose sole or predominant objects or purposes are charitable or religious objects or purposes and includes the following: (organisme religieux ou de bienfaisance)
(a) any charitable organization registered under the Income Tax Act (Canada);
(b) any fishing, sporting or literary club or association incorporated under the Companies Act;
(c) any company incorporated for a charitable or religious object or purpose under the Companies Act; and
(d) any unincorporated organization, association or group that is formed for a charitable or religious object or purpose.
“electronic gaming equipment” means electronic gaming equipment as defined in the Registered Charitable Gaming Suppliers Regulation under the Gaming Control Act.(appareil de jeu électronique)
“electronic raffle” means an electronic raffle as defined in the Registered Charitable Gaming Suppliers Regulation under the Gaming Control Act.(tirage au sort électronique)
“raffle” means a progressive or non-progessive licensed lottery scheme in which tickets are sold in the Province for a chance to win a prize in a single draw or a multiple-draw. (tirage au sort)
“registered charitable gaming supplier” means a registered charitable gaming supplier as defined in the Registered Charitable Gaming Suppliers Regulation under the Gaming Control Act.(fournisseur inscrit de biens ou de services relatifs au jeu de bienfaisance)
Application for licence
3An application for a licence shall be submitted to the Registrar at least 30 days before conducting or managing a lottery scheme and the application shall be accompanied by
(a) a description of the lottery scheme, including the games of chance and prizes to be offered,
(b) a description of the manner in which the applicant plans to conduct and manage the lottery scheme, and
(c) evidence satisfactory to the Registrar that
(i) the applicant is a charitable or religious organization, and
(ii) the lottery scheme will be conducted and managed for charitable or religious objects or purposes.
Minimum age requirement
4No individual who is under 19 years of age may apply for a licence on behalf of a charitable or religious organization.
Application fees
5The fees for a licence or the renewal of a licence are as follows:
(a) for a raffle licence
(i) if the total amount or value of the prizes offered under the licence is $500 or less, $20;
(ii) if the total amount or value of the prizes offered under the licence exceeds $500, $50;
(b) for a Chase the Ace licence, $50;
(c) for a bingo licence
(i) if the total amount or value of the prizes offered under the licence is $500 or less, $20;
(ii) if the total amount or value of the prizes offered under the licence exceeds $500, $50;
(d) for a giant bingo licence, $50;
(e) for a break open licence, $20;
(f) for a bingo event break open licence, $20;
(g) for a Monte Carlo licence,
(i) if the total amount or value of the prizes offered under the licence is $500 or less, $20;
(ii) if the total amount or value of the prizes offered under the licence exceeds $500, $50; and
(h) for a Texas Hold’em poker licence, $100.
Report re lottery scheme
6(1)If the total amount or value of the prizes offered under a licence exceeds $500, a licensee shall submit to the Registrar, on a form provided by the Registrar, a report containing the following information:
(a) the gross proceeds of the lottery scheme;
(b) the total amount or value of the prizes offered;
(c) the administrative expenses of conducting and managing the lottery scheme;
(d) the net proceeds of the lottery scheme; and
(e) any other information required by the Registrar.
6(2)A report shall be submitted
(a) if the licence relates to one gaming event, within 30 days after the date of the gaming event, and
(b) if the licence relates to more than one gaming event,
(i) at least 30 days before the licence expires or is cancelled on the request of the licensee, and
(ii) if the licence is revoked, within 30 days after the revocation.
Minimum amount – charitable or religious objects or purposes
7(1)Subject to subsection (2), the administrative expenses of conducting and managing the lottery scheme that are approved by the Registrar and the cost of the prizes offered in the lottery scheme shall be deducted from the gross proceeds of the lottery scheme and the balance of the gross proceeds shall be used for the charitable or religious objects or purposes specified in the application for the licence.
7(2)A minimum of 15% of the gross proceeds of the lottery scheme shall be used for the charitable or religious objects or purposes specified in the application for the licence.
Players
8No licensee shall allow any player who is not a resident of the Province to play any game of chance offered for play under the licence unless the player is physically present in the Province while playing the game of chance.
Prize restrictions
9No licensee shall offer any of the following as a prize in a lottery scheme: 
(a) liquor;
(b) cannabis as that term is defined in the Cannabis Act (Canada) or cannabis products and derivatives; or
(c) a live animal.
Rules of play
10(1)The Registrar may establish the rules of play for any game of chance offered for play under a licence, other than a game of chance in which break open tickets or bingo event break open tickets are used.
10(2)If the Registrar does not establish the rules of play referred to in subsection (1), a licensee may, with the Registrar’s approval, establish the rules of play for any game of chance offered for play under the licence, other than a game of chance in which break open tickets or bingo event break open tickets are used.
10(3)A licensee shall ensure that any game of chance offered for play under their licence is played in accordance with the rules of play established or approved by the Registrar.
Information to be provided to player
11A licensee shall, on request, provide a player with the following information:
(a) a description of the licensee’s lottery scheme;
(b) the rules of play of any game of chance offered for play under the licence; and
(c) the total amount or value of the prizes.
Credit and cheque cashing prohibited
12No licensee shall advance credit to any player or permit any player to cash personal cheques or third party cheques to participate in a lottery scheme.
Display of licence
13A licensee shall prominently display the licence or a copy of the licence at the gaming premises specified in the licence or, in the case of an electronic raffle licence, at the address for service specified in the licence.
RAFFLE LICENCE
Authority of licence
14(1)A raffle licence authorizes a licensee  
(a) to conduct and manage a raffle, other than a Chase the Ace raffle, in which paper tickets are used, or
(b) to conduct and manage an electronic raffle.
14(2)The total amount or value of the prizes offered under a raffle licence shall not exceed $150,000 per draw.
Validity of licence
15A raffle licence for a calendar style draw raffle is valid for up to 18 months from the date of its issuance or renewal.
Use of electronic gaming equipment
16(1)No licensee shall use electronic gaming equipment to conduct and manage an electronic raffle unless the electronic gaming equipment has been approved by the Registrar and complies with the requirements and standards for electronic gaming equipment established by the Registrar.
16(2)No licensee shall install, move, maintain, modify or repair the electronic gaming equipment referred to in subsection (1) without the Registrar’s approval.
Tampered electronic gaming equipment
17No licensee shall permit any player to use electronic gaming equipment to participate in an electronic raffle if the electronic gaming equipment has been, in any way, tampered with so that it could affect
(a) its integrity, safety, security or reporting capability, or
(b) the outcome or pay-out of the electronic raffle.
CHASE THE ACE LICENCE
Authority of licence
18A Chase the Ace licence authorizes a licensee to conduct and manage a progressive, multiple-draw raffle in which players purchase tickets for a chance to win   
(a) a percentage of the proceeds from the sale of tickets, and
(b) the right to draw a card from a standard deck of 52 playing cards to win the progressive jackpot and, if a card other than the one sought is drawn, the card is removed from the deck and the portion of the proceeds from the sale of tickets for that draw reserved for the progressive prize is added to the progressive jackpot for the next draw, in which the winner draws a card from the remaining cards, and so on.
Validity of licence
19A Chase the Ace licence expires on the date on which the target card is drawn which shall occur within one year after the date of issue of the licence.
Bond or other security required
20 If an applicant for a Chase the Ace licence wishes to seed with a starting amount the jackpot that will be offered under the licence, the applicant shall provide the Registrar with a bond or other form of security acceptable to the Registrar and the terms, conditions and amount of the bond or other security shall be satisfactory to the Registrar.
Weekly report
21A Chase the Ace licensee shall complete a report each week, on a form provided by the Registrar, in relation to the conduct and management of their lottery scheme and shall submit the report to the Registrar at the same time as the licensee submits the report referred to in section 6.
BINGO LICENCE
Authority of licence
22 A bingo licence authorizes a licensee to conduct and manage
(a) one bingo event at which the total amount or value of the prizes offered does not exceed $20,000, or
(b) periodic bingo events with a frequency of no more than twice a week and the total amount or value of the prizes offered at any of the bingo events does not exceed $20,000.
Bingo equipment
23(1)Subject to subsection (2), any bingo licensee shall purchase bingo equipment from any registered charitable gaming supplier.
23(2)The Registrar may authorize any bingo licensee or any charitable or religious organization whose bingo licence is no longer valid to donate bingo equipment to any other bingo licensee or giant bingo licensee.
23(3)If a bingo licensee or charitable or religious organization donates bingo equipment under subsection (2), the bingo licensee or charitable or religious organization shall provide the Registrar with written confirmation of the donation and, if bingo cards are donated, the serial number of each bingo card.
GIANT BINGO LICENCE
Authority of licence
24 A giant bingo licence authorizes a licensee to conduct and manage one bingo event at which the total amount or value of the prizes offered exceeds $20,000.
Bingo equipment
25(1)Subject to subsection (2), any giant bingo licensee shall purchase bingo equipment from any registered charitable gaming supplier.
25(2)The Registrar may authorize any giant bingo licensee or any charitable or religious organization whose giant bingo licence is no longer valid to donate bingo equipment to any other giant bingo licensee or bingo licensee.
25(3)If a giant bingo licensee or charitable or religious organization donates bingo equipment under subsection (2), the giant bingo licensee or charitable or religious organization shall provide the Registrar with written confirmation of the donation and, if bingo cards are donated, the serial number of each bingo card.
Bond or other security required
26 An applicant for a giant bingo licence shall provide the Registrar with a bond or other form of security acceptable to the Registrar and the terms, conditions and amount of the bond or other security shall be satisfactory to the Registrar.
BREAK OPEN LICENCE
Authority of licence
27A break open licence authorizes a licensee to conduct and manage a lottery scheme in which the licensee sells break open tickets.
Break open tickets
28A break open licensee shall purchase break open tickets from a registered charitable gaming supplier or the ALC.
BINGO EVENT BREAK OPEN LICENCE
Eligibility for licence
29A bingo event break open licence may be issued only to a bingo licensee or a giant bingo licensee.
Authority of licence
30A bingo event break open licence authorizes a licensee to conduct and manage a lottery scheme in which the licensee sells bingo event break open tickets for a chance to win a prize, including a progressive prize, to players at a bingo event conducted and managed under the licensee’s bingo licence or giant bingo licence, as the case may be.
Validity of licence
31A bingo event break open licence is valid for the term specified in the licensee’s bingo licence or giant bingo licence, as the case may be.
Bingo event break open tickets
32A bingo event break open licensee shall purchase bingo event break open tickets from a registered charitable gaming supplier.
MONTE CARLO LICENCE
Authority of licence
33(1)A Monte Carlo licence authorizes a licensee to conduct and manage a lottery scheme in which any of the following games of chance may be offered for play:  
(a) wheel of fortune;
(b) blackjack;
(c) crown and anchor;
(d) plinko; and
(e) any other game authorized by the Registrar.
33(2)No Monte Carlo licensee shall offer cash prizes in their lottery scheme.
33(3)A charitable or religious organization may apply for up to two Monte Carlo licences in any 12-month period.
TEXAS HOLD’EM POKER LICENCE
Authority of licence
34(1)A Texas Hold’em poker licence authorizes a licensee to conduct and manage once a week a lottery scheme in which the card game of Texas Hold’em poker is played in tournament style.
34(2)No Texas Hold’em poker licensee shall offer as a prize in their lottery scheme free admission to another Texas Hold’em poker tournament that will be conducted and managed by the licensee or any other Texas Hold’em poker licensee.
Persons under the age of majority
35(1)No person under the age of 19 years shall
(a) enter the gaming premises in which a Texas Hold’em poker tournament is conducted and managed, or
(b) play in a Texas Hold’em poker tournament.
35(2)A Texas Hold’em Poker licensee shall ensure that any person under the age of 19 years does not
(a) enter the gaming premises in which the licensee’s Texas Hold’em poker tournament is conducted and managed, or
(b) play in the licensee’s Texas Hold’em poker tournament.
Rent
36(1)If a Texas Hold’em Poker licensee uses their own gaming premises to conduct and manage a Texas Hold’em poker tournament, the licensee shall not include rent as an administrative expense of conducting and managing the tournament.
36(2)No Texas Hold’em Poker licensee that rents a gaming premises to conduct and manage a Texas Hold’em poker tournament shall rent the gaming premises from a for-profit corporation, the rent shall be a fixed amount that is determined prior to the tournament and the rent may not be a proportion of the gross proceeds of the tournament.
Use of gross proceeds of tournament
37(1)A maximum of 20% of the gross proceeds of a Texas Hold’em poker tournament may be used to pay for the administrative expenses of conducting and managing the tournament that are approved by the Registrar.
37(2)A maximum of 65% of the gross proceeds of a Texas Hold’em poker tournament may be used to pay for the costs of the prizes offered in the tournament.
Advertising
38An advertisement for a Texas Hold’em poker tournament shall contain the following information:
(a) the name of the licensee;
(b) the date, time and location of the tournament;
(c) the admission fee for the tournament;
(d) whether the tournament will be conducted in English or French; and
(e) any other information the Registrar requires.
Commencement
39This Regulation comes into force on October 1, 2021.
N.B. This Regulation is consolidated to October 15, 2021.