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This Act has "Not in Force" sections. See the Table of Legislative Changes.

Gaming Control Act

[SBC 2002] CHAPTER 14

Assented to April 11, 2002

Contents
Part 1 — Interpretation
 1 Definitions
Part 2 — British Columbia Lottery Corporation
 Division 1 — Corporation Continued
 2 Corporation continued
 3 Corporation an agent of the government
 4 Management
 5 Officers and employees
 6 Minister's general policy directions to the lottery corporation
 Division 2 — Provincial Gaming
 7 Lottery corporation's mandate
 8 Rules of the lottery corporation
 Division 3 — Lottery Corporation Finances
 9 Definitions for this Division
 10 Financial administration
 11 Corporation to report on its operations
 12 Grants in place of taxes
 13 Application of revenue
 14 Application of the balance of revenue
Part 2.1 — Horse Racing Betting Fees
 15 Definition for this Part
 16 Fee imposed on persons betting at racecourses
 17 Operator's obligations
Part 3 — Gaming Facilities
 17.1 Definitions for this Part
 18 Location, relocation or substantial change
 19 Local government or first nation approval required for gaming facilities
 20 Matters relevant to location or relocation of gaming facilities
 21 Dispute resolution as to location or relocation of gaming facility
Part 4 — Gaming Policy and Enforcement Branch
 22 Gaming Policy and Enforcement Branch continued
 23 Exercise of powers in the public interest
 24 Appointment of the general manager
 25 Staff
 26 Minister's general policy directions to the general manager
 27 Responsibilities of the general manager
 28 Directives of the general manager
 29 General manager to report on the branch
Part 5 — Licensed Gaming
 Division 1 — Authority of Lieutenant Governor in Council
 30 Licensed gaming events
 31 General manager's responsibilities
 Division 2 — Gaming Event Licences
 32 Licence formalities
 33 Licence not assignable
 34 Conditions precedent to gaming event licence
 35 Rules as licence conditions
 Division 3 — Licence Administration and Enforcement
 36 Reasons for refusal of licence
 37 Suspension or cancellation of licence
 38 Written reasons and written reply
 39 Inquiries
 40 Rules of the general manager
Part 6 — Grants to Eligible Organizations
 40.1 Community gaming grants manager
 40.2 Minister's general policy directions to the community gaming grants manager
 40.3 Responsibilities of the community gaming grants manager
 41 Grants to eligible organizations
 41.1 Community gaming grants manager to report
 42 Repealed
Part 7 — Horse Racing
 43 Definition
 44 Powers of general manager respecting horse racing
 45 Prohibition — unlicensed horse racing
 46 General manager may issue or renew horse racing licences
 47 No assignment or transfer of horse racing licence
 48 No horse racing except on race days
 49 Assignment of race days
 50 Tests and analyses
 51 Enforcement
 52 Repealed
 53 Horse racing rules
 54 Power to make regulations
Part 8 — Registration of Gaming Services Providers and Workers
 Division 1 — Clearance of Gaming Personnel
 55 Clearance of personnel by the general manager
 Division 2 — Registration of Gaming Services Providers and Gaming Workers
 56 General manager's responsibilities
 57 Registration not assignable
 58 Conditions precedent to registration
 59 Eligibility — corporations
 60 Eligibility — partnerships
 61 Eligibility — individuals
 62 Application for gaming services provider registration
 63 Costs of background investigations
 64 Refund of deposit
 65 Gaming services provider registration
 66 Application for gaming worker registration
 67 Gaming worker registration
 Division 3 — Refusal, Suspension or Cancellation of Registration
 68 Reasons for refusal of registration
 69 Suspension or cancellation of registration
 70 Written reasons and written reply
 71 Inquiries
 72 Registration cancelled on dispossession of business
 73 Requirements respecting organizational changes
 Division 4 — Technical Integrity — Certification and Compliance
 74 Repealed
 75 Technical integrity standards
Part 9 — Compliance
 Division 1 — Audits, Inspections and Investigations
 76 Definitions
 77 Financial reporting requirements
 78 Inspectors
 79 Inspection and audit powers
 80 Background investigations
 81 Investigations
 82 Search under warrant
 82.1 Seizure of gaming supplies
 82.2 Report of seizures
 82.3 Detention and forfeiture of gaming supplies
 82.4 Third parties claiming an interest in gaming supplies seized
 83 Order to freeze property
 84 Order for compliance
 85 Video surveillance
 86 Information to be provided to the general manager
 87 Requirement to submit to audit, inspection or investigation
 Division 2 — Offences and Penalties
 88 Prohibition — unauthorized lottery schemes
 88.1 Prohibition — unauthorized activities relating to gaming facilities
 89 Prohibition — unauthorized gaming by minors
 90 Unauthorized sale of lottery tickets prohibited
 91 Removing persons from premises
 92 Right to refuse entry
 93 Prohibition — unlawfully entering or remaining on premises
 94 Prohibition — unregistered gaming services providers
 95 Prohibition — unregistered gaming supplies
 96 Prohibition — unregistered gaming workers
 97 Offences
 98 Penalties
 Division 3 — General
 99 Remedies preserved
 100 Court order to comply
 101 Responsibility of directors, officers and partners
 102 Limitation period
 103 Evidence by certificate
Part 10 — Regulations
 104 Regulations — general
 105 Regulations — specific powers
Part 11 — Transitional
 106 Licences validly issued
 107 Enactments to be given legal effect
 108 Existing personnel exempt
 109 Existing registrations to be given effect
 110–121 Spent
 122 Commencement

Part 1 — Interpretation

Definitions

1  (1) In this Act:

"adult" means an individual 19 years of age or older;

"associate", in relation to a licensee, registrant or applicant for a licence or registration, means

(a) any person, or any person in one or more classes of persons that may be prescribed for this definition, that has an interest in the licensee, registrant or applicant, in the licensee's, registrant's or applicant's business or in a facility to which the licence, registration or application relates,

(b) if the licensee, registrant or applicant is an individual or a partnership in which one or more of the partners other than a limited partner is an individual,

(i)   the spouse of the individual,

(ii)   any relative of the individual or the spouse referred to in subparagraph (i) if the relative has the same residence as the individual,

(iii)   any corporation controlled by the individual, any of the corporation's officers and directors and any person that has an interest in the corporation, and

(iv)   any corporation that is affiliated with the corporation referred to in subparagraph (iii), the affiliated corporation's officers and directors and any person having an interest in the affiliated corporation, or

(c) if the applicant or licensee is a partnership in which one or more of the partners other than a limited partner is a corporation, or is a corporation, any other corporation that is affiliated with the applicant, licensee or corporation, any of the affiliated corporation's officers and directors and any person that has an interest in the affiliated corporation;

"bingo event" means a series of bingo games played by persons competing;

"branch" means the Gaming Policy and Enforcement Branch continued under section 22;

"casino gaming" does not include

(a) a social occasion casino, as defined by regulation of the Lieutenant Governor in Council, conducted and managed under a licence, or

(b) a series of casino games conducted and managed under a licence by the board of a fair or of an exhibition;

"community gaming grants manager" means the community gaming grants manager appointed under section 40.1;

"charitable or religious organization" has the same meaning as it has in section 207 of the Criminal Code;

"designated race horse training centre" means any site at which the training of race horses is conducted and that is designated in the regulations as a designated race horse training centre;

"gaming event" means a lottery scheme referred to in section 207 (1) (b), (c), (d) or (f) of the Criminal Code

"gaming event licence" means a licence issued by the Lieutenant Governor in Council or the branch under Part 5 and includes a licence issued under the Lottery Act, R.S.B.C. 1996, c. 278;

"gaming facility" means

(a) a race track for horse racing,

(b) a horse racing teletheatre,

(c) a permanent bingo facility,

(d) a facility for casino gaming, and

(e) any other facility within a prescribed class of facilities;

"gaming services" means services that are required for or comprise any component of the activities of operating or presenting a lottery scheme or horse racing, and includes services in a class of services prescribed for the purpose of this definition, but does not include services in a class of services excluded from this definition by regulation of the Lieutenant Governor in Council;

"gaming services provider" means a person who

(a) provides gaming services,

(b) provides gaming supplies, or services or tests gaming supplies,

(c) provides or trains gaming workers, or

(d) provides a facility for gaming,

and includes persons in a class of persons prescribed for the purpose of this definition, but does not include a person in a class of persons excluded from this definition by regulation of the Lieutenant Governor in Council;

"gaming supplies" means supplies, equipment and devices used or intended to be used for gaming other than in relation to horse racing, and includes things supplied to gaming facilities, whether or not the things are intended to be used for gaming, if the things are in a class of things prescribed and conform to prescribed criteria if any for the purpose of this definition, but does not include classes of things excluded from this definition by regulation;

"gaming worker" means an individual

(a) who is paid to assist in the conduct, management, operation or presentation of a lottery scheme or of horse racing, or

(b) who is in any class of individuals connected in any capacity with the gaming industry or its regulation and is prescribed for the purpose of this definition,

but does not include an individual in a class of individuals excluded from this definition by regulation;

"general manager" means the general manager appointed under section 24;

"horse racing" means the conduct or presentation of racing in which horses participate, and includes the presentation on television at a horse racing teletheatre in British Columbia of a live telecast of horse racing then taking place at a race meeting, in or out of British Columbia;

"horse racing licence" means a licence issued by the general manager under Part 7 and includes a licence issued under the Horse Racing Act, R.S.B.C. 1996, c. 198;

"licence" means a horse racing licence or gaming event licence;

"lottery corporation" means the British Columbia Lottery Corporation continued under section 2;

"lottery scheme" has the same meaning as in section 207 (4) of the Criminal Code;

"lottery ticket" includes a receipt or other record provided to a person participating in a lottery scheme by which the person, at the time of purchasing the record or at a later time, is able to determine, from the face of the record or by comparing the information shown on the face of the record with information provided from another source, whether the person has won a prize, including but not limited to a sum of money, as a result of the person's participation in the lottery scheme;

"person" includes an unincorporated charitable, religious or other organization;

"provincial gaming" means a lottery scheme referred to in section 207 (1) (a) of the Criminal Code;

"race day" means a day assigned to an association by the general manager under section 49 on which the association may carry on horse racing;

"race meeting" means a series of any type of horse races conducted or presented by any person whether on one day or each of a series of days;

"registered" means registered under Part 8 as a gaming services provider or gaming worker;

"residence" means a place used by a person as a permanent private dwelling, including any structure or land adjacent to the private dwelling that is used for the convenience or enjoyment of the occupants of the dwelling;

"spouse" means a person who

(a) is married to another person and is not living separate and apart, within the meaning of the Divorce Act (Canada), from the other person, or

(b) is living with another person in a marriage-like relationship;

"voting share" means a share of a class of shares of a corporation that carries the right to vote under all circumstances on a resolution electing directors, and includes a share of a class of shares of a corporation that carries the right to vote on such a resolution because of the occurrence of a contingency that has occurred and is continuing.

(2) For the definition of "associate" in subsection (1), a corporation is affiliated with another corporation if it is an affiliate of the other corporation within the meaning of the Business Corporations Act.

Part 2 — British Columbia Lottery Corporation

Division 1 — Corporation Continued

Corporation continued

2  (1) The British Columbia Lottery Corporation is continued as a corporation consisting of not more than 9 directors, each appointed by the Lieutenant Governor in Council.

(2) The Lieutenant Governor in Council may appoint the directors of the lottery corporation and set the remuneration and other terms of appointment of each member.

(3) Despite its incorporation under the Company Act, the lottery corporation is a corporation without share capital.

(4) The Business Corporations Act does not apply to the lottery corporation but the Lieutenant Governor in Council may declare that all or part of the Business Corporations Act does apply.

(5) The Lieutenant Governor in Council may appoint one of the directors as chair of the lottery corporation.

(6) The directors of the lottery corporation must be paid for reasonable travelling and incidental expenses incurred by them in the performance of their duties and, in addition, may be paid remuneration set by the Lieutenant Governor in Council for services as a director or chair.

Corporation an agent of the government

3  (1) The lottery corporation is, for all purposes, an agent of the government.

(2) The Minister of Finance is the fiscal agent of the lottery corporation.

(3) The lottery corporation may acquire and dispose of real and personal property.

Management

4  (1) The directors must manage the affairs of the lottery corporation and may

(a) exercise the powers conferred on them under this Act,

(b) exercise the powers of the lottery corporation on behalf of the lottery corporation, and

(c) delegate the exercise or performance of any power or duty conferred or imposed on them to a person employed by the lottery corporation.

(2) A resolution in writing, signed by all the directors, is as valid as if it had been passed at a meeting of directors properly called and constituted.

Officers and employees

5  (1) The Public Service Act does not apply to the officers and employees of the lottery corporation.

(2) The Lieutenant Governor in Council may declare that the Public Sector Pension Plans Act applies to the lottery corporation and its employees.

(3) The Lieutenant Governor in Council may declare that the Public Service Benefit Plan Act applies to the lottery corporation and its employees.

Minister's general policy directions to the lottery corporation

6  (1) The minister may issue written directives to the lottery corporation on matters of general policy.

(2) The lottery corporation must comply with the directives.

(3) The general manager must publish the directives of the minister in the prescribed manner and make them available for public inspection at the offices of the branch during normal office hours.

Division 2 — Provincial Gaming

Lottery corporation's mandate

7  (1) The lottery corporation is responsible for the conduct and management of gaming on behalf of the government and, without limiting the generality of the foregoing,

(a) may develop, undertake, organize, conduct, manage and operate provincial gaming on behalf of the government, either alone or in conjunction with the government of another province,

(b) [Repealed 2010-21-90.]

(c) subject to first receiving the written approval of the minister, may enter into agreements, on behalf of the government of British Columbia, with the government of Canada or the governments of other provinces regarding the conduct and management of provincial gaming in British Columbia and in those other provinces,

(d) subject to first receiving the written approval of the minister, may enter into the business of supplying any person with operational services, computer software, tickets or any other technology, equipment or supplies related to the conduct of

(i)   gaming in or out of British Columbia, or

(ii)   any other business related to gaming,

(e) may enter into agreements with persons, other than registered gaming services providers, respecting provincial gaming or any other business related to provincial gaming,

(f) subject to subsection (1.1), may enter into agreements with registered gaming services providers for services required in the conduct, management or operation of provincial gaming,

(g) may set rules of play for lottery schemes or any class of lottery schemes that the lottery corporation is authorized to conduct, manage or operate,

(h) may monitor the operation of provincial gaming or horse racing and the premises and facilities in which provincial gaming or horse racing is carried on,

(i) must monitor compliance by gaming services providers with this Act, the regulations and the rules of the lottery corporation, and

(j) must do other things the minister may require and may do other things the minister may authorize.

(1.1) An agreement described in subsection (1) (f) must require the gaming service provider to provide the services referred to in subsection (1) (f) under the control of the lottery corporation.

(2) However, the lottery corporation must not implement a new type of lottery scheme that was not in operation on the date this section comes into force without first receiving the written approval of the minister.

Rules of the lottery corporation

8  (1) The lottery corporation may make rules for the purposes of this Part, including but not limited to rules

(a) requiring and governing books, accounts and other records to be kept by registered gaming services providers, including but not limited to establishing time schedules for the retention of those books, accounts and other records,

(b) limiting and regulating the sale of lottery tickets of the lottery corporation by persons other than the lottery corporation and prescribing the fees, commissions and discounts in the sales,

(c) governing the manner of selecting prize winners under a lottery scheme or any class of lottery schemes conducted and managed by the lottery corporation,

(d) imposing conditions and establishing qualifications for entitlement to prizes in a lottery scheme or any class of lottery schemes conducted and managed by the lottery corporation,

(e) respecting the handling of money and money equivalents received from players of games of chance by the lottery corporation, licensees and gaming services providers,

(f) governing the holding and disbursement of money received from players of games of chance by the lottery corporation, licensees and registered gaming services providers, and

(g) respecting security and surveillance at gaming facilities or classes of gaming facilities.

(2) If a rule of the lottery corporation is inconsistent with or conflicts with this Act or a regulation made by the Lieutenant Governor in Council, this Act or the regulation prevails.

Division 3 — Lottery Corporation Finances

Definitions for this Division

9  In this Division:

"estimates" means estimates as defined in the Financial Administration Act;

"net income" does not include fees collected by the lottery corporation under section 16.

Financial administration

10  (1) The lottery corporation must establish and maintain an accounting system satisfactory to the minister and, whenever required by the minister, must render detailed accounts of its revenues and expenditures for the period or to the day the minister designates.

(2) All books or records of account, documents and other financial records must at all times be open for inspection by the minister or a person the minister designates.

(3) Unless the Auditor General is appointed in accordance with the Auditor General Act as the auditor of the lottery corporation, the directors of the lottery corporation must appoint an auditor to audit the accounts of the lottery corporation at least once each year.

(3.1) The costs of the audit referred to in subsection (3) must be paid by the lottery corporation.

(4) The fiscal year end of the lottery corporation is March 31.

Corporation to report on its operations

11  (1) The lottery corporation must each year submit to the minister who, as soon as practicable, must lay before the Legislative Assembly

(a) a report of the lottery corporation on its operations for the preceding fiscal year, and

(b) an audited financial statement showing the assets and liabilities of the lottery corporation at the end of the preceding fiscal year and the operations of the lottery corporation for that year in the form required by the minister.

(2) In addition to the report referred to in subsection (1), the lottery corporation, at the request of the minister, must report on specific matters in the manner and at the times required by the minister.

(3) The audited financial statement referred to in subsection (1) must be prepared in accordance with generally accepted accounting principles.

Grants in place of taxes

12  (1) Subject to subsection (2), the lottery corporation, in any year, may pay to a municipality in which it has real property a grant not exceeding the amount that would be payable as taxes on the property in that year if the property were not exempt from taxation by the municipality.

(2) The Lieutenant Governor in Council may order that the lottery corporation's authority under subsection (1) to make a payment in any year or for any number of years is subject to the approval of the Lieutenant Governor in Council.

Application of revenue

13  The net income in each fiscal year, other than from casino gaming and from bingo, of the lottery corporation, after the lottery corporation makes provision in that fiscal year for any payments it is obliged to make under agreements entered into in respect of lotteries under section 7 (1) (c), must be paid into the consolidated revenue fund at the times and in the manner directed by the Lieutenant Governor in Council.

Application of the balance of revenue

14  (1) The balance of net income in each fiscal year of the lottery corporation, after the lottery corporation makes provision in that fiscal year for payment under section 13, must be paid into the consolidated revenue fund at the times and in the manner directed by the Lieutenant Governor in Council.

(2) to (4) [Repealed 2010-21-91.]

Part 2.1 — Horse Racing Betting Fees

Definition for this Part

15  In this Part, "operator" means a person who

(a) operates a racecourse or holds a race meeting, or

(b) is in any manner the custodian or depositary of money that is staked or deposited in the making of a bet referred to in section 16.

Fee imposed on persons betting at racecourses

16  (1) There must be levied and collected in the manner provided in this section, from every person who bets in British Columbia on a race held in British Columbia or elsewhere under the system known as the pari mutuel, a fee to be paid to the government equal to

(a) 2.5% of the amount of money deposited by that person with the operator at the time of making a bet other than in a triactor pool, and

(b) 4.5% of the amount of money deposited by that person with the operator at the time of making a bet in a triactor pool.

(2) Despite the Financial Administration Act, in each fiscal year, the fees collected under this section must be applied as follows, in order of priority:

(a) firstly, by paying into the consolidated revenue fund an amount equal to the voted amount in the estimates for the regulation of horse racing by the branch;

(b) secondly, by dividing between or among prescribed organizations, that the minister may recommend, in prescribed proportions, that may differ for different organizations, any balance of collected fees remaining after the payment under paragraph (a).

(3) Before recommending an organization to the Lieutenant Governor in Council for the purpose of subsection (2) (b), the minister must be satisfied that the organization's objectives include the improvement of horse racing, of the economic viability of horse racing or of both and that it is actively pursuing one or more of those objectives.

(4) It is a condition of a payment under subsection (2) (b) to an organization prescribed for the purpose of subsection (2) (b) that the organization spend the money solely for the improvement of horse racing, of the economic viability of horse racing in British Columbia or of both.

Operator's obligations

17  (1) When money on which a fee is imposed under section 16 is deposited with an operator for the purposes of making a bet, the operator must

(a) collect the fee by deducting the fee from the money deposited with the operator before recording or applying the money in making a bet,

(b) record and report all money deposited, bets made and fees collected, and

(c) pay over all amounts of fees collected, at the times and in the manner provided by the regulations under this Division.

(2) If a person fails to pay over all amounts of fees at the times provided by the regulations, the person must pay interest on the overdue amount at a rate prescribed by the Lieutenant Governor in Council.

(3) A person who contravenes subsection (1) commits an offence and is liable

(a) on a first conviction, to a fine of not less than $200 and not more than $500, and

(b) on a subsequent conviction, to a fine of not less than $500 and not more than $2 000.

Part 3 — Gaming Facilities

Definitions for this Part

17.1  In this Part:

"host local government" means the municipality, regional district or first nation that has authority over land use planning at the place where,

(a) under section 18 (1) (a), a facility is proposed to be developed, used or operated as a gaming facility,

(b) under section 18 (1) (b), an existing gaming facility is proposed to be relocated, or

(c) under section 18 (1) (c), a substantial change referred to in that provision is proposed to be made;

"potentially affected local government" means the municipality, regional district or first nation that has authority over land use planning for an area the boundary of which is, at any point, within the prescribed distance from

(a) a facility that under section 18 (1) (a) is proposed to be developed, used or operated as a gaming facility,

(b) the place where an existing gaming facility is proposed to be located under section 18 (1) (b), or

(c) a facility to which a substantial change is proposed to be made under section 18 (1) (c);

"regional district" includes a local trust committee as defined in the Islands Trust Act.

Location, relocation or substantial change

18  (1) Subject to first receiving authorization by a written directive of the minister under section 6, the lottery corporation may

(a) develop, use or operate a facility as a gaming facility,

(b) relocate an existing gaming facility, or

(c) substantially change the type or extent of lottery schemes or horse racing at a gaming facility.

(2) Despite subsection (1), the lottery corporation may develop, use and operate a facility as a gaming facility without the authorization referred to in subsection (1) if the facility was a lawful gaming facility in existence immediately before the coming into force of this section.

(3) A written authorization to develop, use or operate a facility as a gaming facility, to relocate an existing gaming facility, or to make a substantial change to a gaming facility, which authorization was in effect immediately before the coming into force of this section, remains in effect until

(a) the date on which its term ends, or

(b) the date which is 24 months after the coming into force of this section,

whichever date is earlier.

(4) A written authorization described in subsection (3) that was in effect immediately before the coming into force of this section ceases to have effect if the facility that is the subject of the authorization is not ready for occupancy by the earlier of the dates referred to in subsection (3).

Local government or first nation approval required for gaming facilities

19  (1) The lottery corporation must not, under section 18, develop, use or operate a facility, other than as permitted under section 18 (2), as a gaming facility, relocate an existing gaming facility or substantially change the type or extent of lottery schemes or horse racing at a gaming facility, unless the lottery corporation

(a) first receives the approval, in the prescribed form and manner, from the host local government,

(b) is satisfied that the host local government has consulted with each potentially affected local government with respect to the subject matters prescribed by regulation, and

(c) is satisfied, in the case of the location or relocation of a gaming facility, that any applicable requirements of Division 2 of Part 8 respecting the registration of any proposed gaming services provider have been complied with.

(2) A host local government must not give an approval referred to in subsection (1) (a) unless, before or concurrently with giving the approval, the host local government satisfies the lottery corporation that adequate community input has been sought and considered.

Matters relevant to location or relocation of gaming facilities

20  In deciding under section 18 whether to develop, use or operate a facility as a gaming facility, to relocate an existing gaming facility or substantially change the type or extent of lottery schemes or horse racing at a gaming facility, the lottery corporation may take into account factors that the lottery corporation considers relevant.

Dispute resolution as to location or relocation of gaming facility

21  (1) If the lottery corporation proposes to develop, use or operate a facility as a gaming facility or relocate an existing gaming facility, a potentially affected local government may file, within the prescribed time, an objection with the lottery corporation in the form and manner required by the lottery corporation.

(1.1) An objection under subsection (1) may only address the prescribed subject matters.

(2) If the lottery corporation receives an objection under subsection (1), then, within the prescribed time after the filing of the objection, the lottery corporation must require the host local government to participate in a form of non-binding dispute resolution with the potentially affected local government.

(2.1) The non-binding dispute resolution process referred to in subsection (2) may only

(a) address the issues raised in the objection, and

(b) determine the appropriate compensation to be made, if any, by the host local government to the potentially affected local government for the significant costs the potentially affected local government demonstrates it will incur as a result of the proposed new or relocated facility.

(3) The results of the alternate dispute resolution proceedings under this section must

(a) be reported to the lottery corporation within a prescribed period after the date on which the lottery corporation requires the non-binding dispute resolution under subsection (2), and

(b) be considered by the lottery corporation before the lottery corporation decides whether to locate or relocate the gaming facility.

(4) The lottery corporation, within 30 days after receiving the report under subsection (3) (a), must decide whether or not to locate or relocate the gaming facility.

Part 4 — Gaming Policy and Enforcement Branch

Gaming Policy and Enforcement Branch continued

22  (1) The Gaming Policy and Enforcement Branch is continued as an office of the government under the direction of the general manager.

(2) The purpose of the branch is to carry out the responsibilities given to it under this Act.

Exercise of powers in the public interest

23  The branch is responsible for the overall integrity of gaming and horse racing.

Appointment of the general manager

24  (1) The minister must appoint an individual under the Public Service Act to be the general manager of the branch.

(2) The minister may set the remuneration of the general manager.

(3) The general manager, by conditional or unconditional written authorization, may delegate the general manager's powers and duties to any person employed under section 25.

(4) Persons employed in the office of the general manager may be designated by the general manager as deputies of the general manager.

Staff

25  (1) Officers and other employees required to carry out the responsibilities of the branch may be appointed under the Public Service Act and the general manager may determine their duties.

(2) The general manager may retain consultants, experts or other persons and may establish their remuneration and other terms and conditions of their retainers.

(3) The Public Service Act does not apply in respect of a person retained under subsection (2).

(4) The general manager's discretion under subsection (2) includes the discretion to retain a person for the purpose of an internal review of a specified decision of the general manager, reporting the outcome to him or her and making recommendations to him or her as to whether to confirm, vary or reverse the decision.

Minister's general policy directions to the general manager

26  (1) The minister may issue written directives to the general manager on matters of general policy.

(2) The general manager must comply with the directives.

(3) The general manager must publish the directives of the minister in the prescribed manner and make them available for public inspection at the offices of the branch during normal office hours.

Responsibilities of the general manager

27  (1) The general manager is the head of the branch and is responsible, under the direction of the minister and with reference to the responsibility of the branch under section 23, for the enforcement of this Act.

(2) The general manager

(a) must advise the minister on broad policy, standards and regulatory issues,

(b) under the minister's direction, must develop, manage and maintain the government's gaming policy,

(c) may establish criteria necessary for considering, reviewing and evaluating proposals for new or existing gaming facilities, and

(d) may establish public interest standards for gaming operations, including but not limited to extension of credit, advertising, types of activities allowed and policies to address problem gambling at gaming facilities.

(3) The general manager may

(a) direct that the branch conduct an investigation respecting

(i)   the integrity of lottery schemes or horse racing, or

(ii)   the conduct, management, operation or presentation of lottery schemes or horse racing,

(b) refer a complaint from a gaming patron to the branch if the general manager believes it is likely that the patron or another person has been adversely affected by an irregularity in the conduct, management, operation or presentation of gaming or horse racing,

(c) make inquiries or carry out research into any matter that affects or could reasonably be expected to affect the integrity of gaming or horse racing, and

(d) do other things relating to gaming or horse racing that are authorized or directed by the Lieutenant Governor in Council.

(4) In carrying out the responsibilities under this section, the general manager must not

(a) conduct, manage, operate or present gaming or horse races,

(b) enter into an agreement with Canada or the government of another province with respect to the conduct, management, operation or presentation of lottery schemes or horse races, or

(c) enter into an agreement with a gaming services provider.

Directives of the general manager

28  (1) For lottery schemes and horse racing in British Columbia, the general manager, subject to subsection (3), may issue directives applicable to the branch, the lottery corporation or both, as to the carrying out of responsibilities under this Act, including but not limited to directives,

(a) respecting the extent or type of gaming activities that may be carried on at a gaming facility or in relation to provincial gaming,

(b) establishing limitations respecting ownership, control or both, of gaming services providers in general or of classes of gaming services providers,

(c) respecting types of lottery schemes for which gaming event licences may be issued,

(d) respecting types of horse racing for which horse racing licences may be issued,

(e) respecting specified activities in conjunction with lottery schemes or horse racing, in circumstances, or on conditions, that may be set out in the directives,

(f) respecting standards for security and surveillance

(i)   at gaming facilities or gaming premises or classes of gaming facilities or gaming premises, or

(ii)   in relation to gaming operations or classes of gaming operations,

(g) respecting the technical integrity of lottery schemes,

(h) establishing criteria for the review and evaluation of proposals for new gaming facilities or for the relocation of existing gaming facilities,

(i) prohibiting or restricting the extension of credit to participants in gaming events and governing the extension of credit,

(j) approving the formula for determining the amount of gaming revenue that

(i)   must be returned to charitable, religious or other organizations in connection with a licensed gaming event, or

(ii)   may be retained by or paid to a gaming services provider in connection with the conduct, management, operation or presentation of lottery schemes,

(k) establishing policies to address problem gambling, and

(l) respecting the method by which the prescribed distance for the purposes of the definition of "potentially affected local government" in section 17.1 must be measured, including rules for determining the terminal points of that distance.

(2) The lottery corporation must comply with the directives of the general manager that are applicable to the lottery corporation.

(3) The general manager may not issue a directive applicable to the lottery corporation unless he or she first receives the approval of the minister.

(4) The general manager must publish the directives in the prescribed manner and make them available for public inspection at the offices of the branch during normal office hours.

General manager to report on the branch

29  (1) The general manager must each year submit to the minister who, as soon as practicable, must lay before the Legislative Assembly a report of the branch on its operations for the preceding fiscal year.

(2) In addition to the report referred to in subsection (1), the general manager, at the request of the minister, must report on specific matters in the manner and at the times required by the minister.

Part 5 — Licensed Gaming

Division 1 — Authority of Lieutenant Governor in Council

Licensed gaming events

30  (1) The Lieutenant Governor in Council may license persons to conduct and manage gaming events in British Columbia.

(2) The Lieutenant Governor in Council, by order, may delegate to the general manager the discretion under subsection (1) to license persons to conduct and manage gaming events in British Columbia.

(3) The discretion under this section to license persons to conduct and manage gaming events includes the discretion to attach conditions to the gaming event licences that

(a) may differ for different gaming event licensees or classes of gaming event licensees, and

(b) must be consistent with the conditions of gaming event licences prescribed under section 105.

General manager's responsibilities

31  (1) The general manager

(a) may specify the fairs or exhibitions at which gaming events or categories of gaming events may be conducted,

(b) in the exercise of the licensing discretion delegated to the general manager under section 30 (2), is responsible for gaming event licences, including but not limited to licences issued to eligible charitable or religious organizations in respect of all forms of bingo events the conduct and management of which is lawful under the Criminal Code,

(c) may assign gaming event licensees to premises or gaming facilities for the purpose of participating in gaming events,

(d) must monitor compliance by gaming event licensees with this Act, the regulations and the rules of the general manager,

(e) must monitor compliance by eligible organizations that receive grants under section 41,

(f) may audit and inspect the operation of gaming events and the premises and facilities where gaming events are carried on,

(g) may audit and inspect the books, records and accounts of a gaming event licensee, an organization that receives a grant under section 41 or a gaming services provider, and

(h) must do other things relating to gaming events that the Lieutenant Governor in Council may require.

(2) However, the general manager must not

(a) implement, or permit a gaming event licensee to implement, a new type of lottery scheme that was not in operation on the date this section comes into force, without first receiving the written approval of the minister, or

(b) license a charitable or religious organization to conduct and manage casino gaming other than a social occasion casino or casino games conducted and managed by the board of a fair or exhibition.

Division 2 — Gaming Event Licences

Licence formalities

32  (1) A gaming event licence may be signed by the general manager or, if authorized by the general manager, by a person employed in the branch.

(2) The general manager may authorize the signature on a licence to be reproduced by mechanical or electronic means.

Licence not assignable

33  A licence is not assignable or transferable.

Conditions precedent to gaming event licence

34  The general manager may not issue or renew a gaming event licence unless

(a) the general manager considers it appropriate to do so,

(b) the applicant is eligible for the licence or renewal, and

(c) the requirements under this Part for issuing or renewing the gaming event licence have been met.

Rules as licence conditions

35  (1) The rules of the general manager

(a) under section 40 (2) (m) respecting the activities authorized by a gaming event licence, whether the rules are made before or after issuance or renewal of the gaming event licence, are conditions of the gaming event licence, with effect in relation to a particular gaming event licence on and after the date the rules are provided to the gaming event licensee under subsection (2) of this section, and

(b) under section 40 (2) (a) to (c), whether the rules are made before or after registration of a gaming service provider that provides services to a gaming event licensee, are conditions of the registration of the gaming services provider, with effect in relation to a particular registration on and after the date the rules are provided to the registrant under subsection (3) of this section.

(2) The branch must provide each gaming event licensee with a copy of

(a) the rules of the general manager that are conditions of the gaming event licence, and

(b) any amendments to those rules.

(3) The branch must provide each gaming services provider with a copy of the rules of the general manager under section 40 (2) (a) to (c).

(4) Subject to subsection (5), the conditions referred to in subsection (1) are additional to any conditions attached under section 30 or prescribed under section 105.

(5) To the extent, if any, that the conditions referred to in subsection (1) are inconsistent with any conditions prescribed under section 105, the prescribed conditions prevail.

Division 3 — Licence Administration and Enforcement

Reasons for refusal of licence

36  (1) The general manager may refuse to issue or renew a licence if the applicant for the licence or renewal or any of the applicant's directors, officers, employees or associates

(a) is considered by the general manager, on reasonable grounds, to be a detriment to the integrity, lawful conduct or management of gaming events,

(b) no longer meets a licence requirement under this Part or did not meet such a requirement at the time of licensing,

(c) has breached or is in breach of a condition of the licence of the licensee,

(d) has made a material misrepresentation, omission or misstatement in the application for the licence or renewal or in reply to an inquiry by a person conducting an audit, inspection or investigation under this Part,

(e) has been refused a similar licence, registration or authorization either in British Columbia or in another jurisdiction,

(f) has held a similar licence, registration or authorization that has been suspended or cancelled either in British Columbia or in another jurisdiction, or

(g) has been convicted of an offence, inside or outside of British Columbia, that in the opinion of the general manager calls into question the honesty or integrity of the applicant.

(2) An applicant who applies for a renewal of a licence must meet all of the licensing requirements that are in effect at the time the application for renewal is made.

(3) In making a decision to refuse to issue or renew a licence, the general manager must consider the public interest and may take into account

(a) the current level and allocation of funding within the applicant's community,

(b) the number of licences that have been issued previously or are currently in place in the applicant's community, and

(c) the number of grants under this Act that have been made previously to eligible organizations in the applicant's community.

Suspension or cancellation of licence

37  (1) The general manager may

(a) cancel, suspend for a period of time, impose new conditions on, or vary existing conditions of, a licence for any of the reasons under section 36, or

(b) impose an administrative fine on the licensee within prescribed limits.

(2) In addition to the actions that the general manager may take under subsection (1), the general manager may issue a warning to a licensee.

(3) A suspension under subsection (1) takes effect on the day it is issued and remains in effect until

(a) the general manager lifts the suspension or cancels the licence, or

(b) the licensee surrenders the licence to the general manager.

Written reasons and written reply

38  (1) The general manager must provide the applicant for a licence or the licensee, as the case may be, with written reasons for a decision of the general manager under section 36 or 37 (1)

(a) refusing an application to issue or renew a licence,

(b) suspending or cancelling a licence,

(c) imposing new conditions on a licence,

(d) varying existing conditions of a licence, or

(e) imposing an administrative fine on the licensee.

(2) Within 30 days after the date the general manager provides the written reasons to the applicant or licensee, the applicant or licensee may file a written reply with the general manager.

(3) Within 60 days after receiving a written reply under subsection (2), the general manager must confirm or vary his or her decision.

Inquiries

39  (1) The general manager may make inquiries and require information from an applicant or licensee that the general manager considers necessary to decide whether or not to

(a) issue or renew a licence,

(b) suspend or cancel a licence,

(c) impose conditions on a licence, or

(d) vary existing conditions of a licence.

(2) For the purposes of an inquiry under subsection (1), whenever made, the general manager may require the applicant or licensee to submit to a background investigation under Part 8.

(3) Every licensee, when required in writing by the general manager, must provide the general manager with reports and information specified by the general manager for the purposes of determining compliance under this Act.

Rules of the general manager

40  (1) The general manager may make rules for the purposes of this Part respecting security and surveillance

(a) at gaming facilities or gaming premises or classes of gaming facilities or gaming premises, or

(b) in relation to gaming operations or classes of gaming operations.

(2) The general manager may make rules for the purposes of this Part as follows:

(a) respecting gaming events or categories of gaming events;

(b) governing how gaming services providers carry out their responsibilities to gaming event licensees at gaming events;

(c) setting rules of play for gaming events or categories of gaming events;

(d) establishing classes of gaming event licences;

(e) respecting application procedures for licences or for grants to organizations under section 41;

(f) respecting conditions and eligibility requirements that must be met before a gaming event licence is issued or a grant is made to an organization under section 41;

(g) requiring and governing books, accounts and other records to be kept by licensees, by organizations that have received money under section 41 or by registrants, including but not limited to prescribing time schedules for the retention of those books, accounts and other records;

(h) respecting the posting by licensees of licences and notices;

(i) respecting the requirements and consequences that apply

(i)   if an organization that is either licensed or has received money under section 41 ceases to operate during the term of the licence or the period during which the money advanced under section 41 was intended to be used,

(ii)   if a gaming event licensee sells or assigns the business or undertaking under which the activities authorized by the gaming event licence are carried out, or becomes dispossessed of the business or undertaking by bankruptcy or the operation of law, or

(iii)   if a gaming event licensee who is an individual dies;

(j) respecting conditions for the use of funds received by a gaming event licensee at a gaming event or paid to an organization under section 41;

(k) governing the manner of selecting prize winners at a gaming event;

(l) prescribing the conditions and qualifications for entitlement to prizes at any licensed gaming event;

(m) respecting the activities authorized by a gaming event licence.

(3) If a rule of the general manager is inconsistent with or conflicts with this Act or a regulation made by the Lieutenant Governor in Council, this Act or the regulation prevails.

Part 6 — Grants to Eligible Organizations

Community gaming grants manager

40.1  (1) The minister must appoint an individual under the Public Service Act to be the community gaming grants manager.

(2) The minister may set the remuneration of the community gaming grants manager.

(3) The community gaming grants manager, by conditional or unconditional written authorization, may delegate the community gaming grants manager's powers and duties to any person employed in the office of the community gaming grants manager.

(4) Persons employed in the office of the community gaming grants manager may be designated by the community gaming grants manager as deputies of the community gaming grants manager.

Minister's general policy directions to the community gaming grants manager

40.2  (1) The minister may issue written directives to the community gaming grants manager on matters of general policy.

(2) The community gaming grants manager must comply with the directives.

(3) The community gaming grants manager must publish the directives of the minister in the prescribed manner and make them available for public inspection at the offices of the community grants manager during normal office hours.

Responsibilities of the community gaming grants manager

40.3  The community gaming grants manager, under the minister's direction, must

(a) provide management and direction with respect to the eligibility of organizations and approval of eligible organizations,

(b) develop, manage and maintain the government's policies on grants to eligible organizations, and

(c) make the policies referred to in paragraph (b) available to the public in any manner the community gaming grants manager considers appropriate, including by the internet or other electronic means.

Grants to eligible organizations

41  (1) Subject to there being an appropriation under the Financial Administration Act, and as directed by the community gaming grants manager, on application to the community gaming grants manager in the required form, grants may be made to organizations that meet the prescribed standards of eligibility.

(2) A grant under subsection (1) to an eligible organization must be in an amount that the community gaming grants manager considers appropriate, given the objects and purposes of the eligible organization applying and its intended use for the amount to be granted.

(3) The community gaming grants manager may attach conditions to a grant under this section that may provide differently for different types of organizations or for particular organizations.

(4) and (5) [Repealed 2010-21-97.]

Community gaming grants manager to report

41.1  (1) The community gaming grants manager must each year submit to the minister a report respecting community gaming grants for the preceding fiscal year.

(2) In addition to the report referred to in subsection (1), the community gaming grants manager, at the request of the minister, must report on specific matters in the manner and at the times required by the minister.

Repealed

42  [Repealed 2010-21-97.]

Part 7 — Horse Racing

Definition

43  In this Part, "association" means an association as defined in section 204 (11) of the Criminal Code.

Powers of general manager respecting horse racing

44  (1) The general manager is responsible for regulating horse racing and may

(a) regulate the operation of all sites at which horse racing is carried on,

(b) regulate the operation of all designated race horse training centres,

(c) enforce observance of and compliance with this Part and all regulations and rules made under this Part, and

(d) do other things relating to horse racing the Lieutenant Governor in Council may authorize or require.

(2) The general manager may hold hearings relating to any of his or her powers or duties under this Part.

Prohibition — unlicensed horse racing

45  (1) A person must not hold a race meeting or manage or operate a race track, horse racing teletheatre or designated race horse training centre unless the person

(a) is licensed to do so under a horse racing licence, and

(b) does so in accordance with this Part, the regulations, the rules under this Part and the licence.

(2) A person must not aid in, enter in, judge, start, race in, drive in or ride in a horse race or do any other act in any way related to horse racing unless the person

(a) is licensed to do so under a horse racing licence, and

(b) does so in accordance with this Part, the regulations, the rules under this Part and the licence.

(3) This section does not apply in respect of

(a) race meetings or horse racing of prescribed types that are exempted by the general manager, and

(b) other race meetings or horse racing exempted by the Lieutenant Governor in Council.

General manager may issue or renew horse racing licences

46  (1) On application, the general manager may

(a) issue or renew, or refuse to issue or renew, any horse racing licence required under this Part, and

(b) impose conditions in respect of horse racing licences or renewals of horse racing licences.

(2) If the general manager refuses to issue or renew a horse racing licence, the general manager, on request, must provide written reasons to the applicant for the refusal.

No assignment or transfer of horse racing licence

47  A horse racing licence is not assignable or transferable.

No horse racing except on race days

48  A person must not carry on horse racing at a race track or present horse racing at a race track except on a day assigned to that person by the general manager as a race day.

Assignment of race days

49  (1) Subject to the terms and conditions he or she considers appropriate, the general manager may assign, in writing, race days to an association.

(2) An assignment of race days by the general manager under subsection (1) is final and conclusive and is not open to question or review in a court on any grounds.

Tests and analyses

50  (1) For the purposes of ensuring compliance with this Part, the regulations and rules under this Part and the terms and conditions of a horse racing licence, but subject to subsection (2), a person employed in the branch who

(a) is a judge or steward, or

(b) is designated by the general manager for the purposes of this section

to attend at race meetings, race tracks or designated race horse training centres on behalf of the general manager may require a licensee

(c) to submit to a search of the licensee's person, and

(d) to provide samples of the licensee's blood, saliva, urine, breath or other materials for testing or analysis.

(2) Unless also designated as an inspector by the general manager under section 78, a person who is a judge or steward, or who is designated under subsection (1), may not carry out a test or an analysis under this section.

(3) A licensee must comply with a demand made under subsection (1).

(4) The general manager and any person employed in the branch or an individual who is authorized under the Veterinarians Act to practise veterinary medicine, for the purposes of ensuring that this Part, the regulations and rules under this Part and the terms and conditions of a horse racing licence are being complied with,

(a) may make or cause to be made tests and analyses of any horses that are on the premises of a race track or designated race horse training centre or that participate in a race meeting, and

(b) for the purposes of the tests or analyses may

(i)   enter any part of the grounds of a race track or designated race horse training centre, including but not limited to any stables operated as part of or in conjunction with a race track or designated race horse training centre, and

(ii)   take samples from the horses of blood, saliva, urine or other materials necessary for the tests or analyses.

Enforcement

51  (1) In addition to any other powers the general manager has under this Act, the general manager may take action against a horse racing licensee under this section for any of the following reasons:

(a) the licensee's failure to comply with a requirement of this Part, the regulations, the rules under this Part or a term or condition of the horse racing licence;

(b) conviction of the licensee for an offence under the laws of Canada, a province or any other jurisdiction or under the bylaws of a municipality or regional district, if the general manager considers that the nature or circumstances of the offence render the licensee unsuitable for licensing;

(c) the existence of a circumstance that would prevent the issue of a horse racing licence to the licensee;

(d) suspension or cancellation of a municipally, regionally, provincially or federally granted licence, permit or certificate that the licensee is required to hold in order to carry out the activities for which the licensee holds a horse racing licence under this Part.

(2) If the general manager has the right under subsection (1) to take action against a horse racing licensee, the general manager may do any one or more of the following with or without a hearing:

(a) issue a warning to the licensee;

(b) impose terms and conditions on the licensee's horse racing licence or rescind or amend existing terms and conditions on the horse racing licence;

(c) impose an administrative fine on the licensee within the limits prescribed by the Lieutenant Governor in Council;

(d) suspend or cancel the horse racing licence, in whole or in part;

(e) deny the licensee the privileges of the grounds in respect of any one or more race tracks.

(3) The general manager, on request, must give written reasons for any action taken under subsection (2) (b) to (e).

(4) Suspension or cancellation of a horse racing licence takes effect on the date that the horse racing licensee is informed of the suspension or cancellation.

(5) The general manager may lift or stay the suspension of a horse racing licence after imposing on the horse racing licence the additional terms and conditions, if any, that the general manager considers appropriate.

(6) Before cancelling a horse racing licence under subsection (2) (d), the general manager must give the horse racing licensee notice of the reasons for the proposed cancellation and an opportunity to show why the horse racing licence should not be cancelled.

Repealed

52  [Repealed 2007-9-42.]

Horse racing rules

53  (1) The general manager may make rules for the purposes of this Part

(a) respecting security and surveillance at race tracks and designated race horse training centres,

(b) requiring the owners of race horses to register racing colours, assumed names, partnerships and contracts, and any other matters and things that the general manager considers appropriate,

(c) specifying certain duties that associations must perform in relation to horse racing,

(d) respecting the conduct of race meetings and the operation and management of race tracks, including but not limited to rules respecting the disqualification of horses, the redistribution of purse money, the return of any purse money or prizes and the return of any claimed horse and the consideration paid for it,

(e) respecting the operation and management of designated race horse training centres, and

(f) requiring an association operating a race track to permit the training of horses on the track for the periods and on the terms the general manager considers appropriate.

(2) Subject to any limitations the Lieutenant Governor in Council may prescribe, the general manager may make rules dealing with all aspects of horse racing additional to those set out in subsection (1), including but not limited to rules as follows:

(a) respecting the issue and renewal of horse racing licences;

(b) requiring the licensing of race horse owners, race horse trainers, drivers, jockeys, apprentice jockeys, grooms, jockeys' agents, jockeys' valets, exercise riders, trades persons, concessionaires and other persons working or employed in or about race tracks, or employed by the operators of race tracks or by persons carrying on horse racing;

(c) requiring horse racing licensees or classes of horse racing licensees to do or refrain from doing any one or more things related to or in any way connected with horse racing;

(d) establishing the types of horse racing licences that may be issued under this Part, the nature and extent of the activities that may be conducted, managed or operated under each type of horse racing licence and the terms and conditions of each type of horse racing licence;

(e) establishing the qualifications that an applicant must hold to be eligible to obtain a horse racing licence of any type, and the criteria by which those qualifications may be determined;

(f) respecting the form and content of and the information to be supplied in an application for a horse racing licence under this Part;

(g) imposing terms and conditions on any horse racing licence;

(h) respecting the form and content of any horse racing licence;

(i) requiring a horse racing licensee, as one of the conditions of a horse racing licence, to file reports with the branch;

(j) specifying the form, manner of filing and times of filing of the reports, and the information and records to be included with the reports, required under paragraph (i);

(k) requiring a horse racing licensee to keep the records referred to in paragraph (j) in the form and at the place ordered by the general manager;

(l) setting expiry dates for horse racing licences, with power to set different dates for different horse racing licences and different types of horse racing licences.

(3) The rules may specify that the approval or consent of the general manager or some other specified person is required before a specified action may be taken.

(4) If there is a conflict between the rules and this Act or the regulations, this Act or the regulations prevails.

(5) The general manager may not delegate the power to make rules under this Part.

Power to make regulations

54  (1) For the purposes of this Part, the Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) In addition to subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) respecting powers and duties of the general manager and conferring additional powers, if any, that the Lieutenant Governor in Council considers necessary to permit the general manager to perform his or her duties under this Part;

(b) prescribing limits on any of the powers of the general manager or lottery corporation under this Part;

(c) prescribing the rules, practices and procedures to be followed on an internal review of a decision under this Part;

(d) authorizing or directing the general manager or lottery corporation to do one or more things relating to horse racing;

(e) designating a site at which race horse training is conducted as a designated race horse training centre;

(f) specifying the types of race meetings or horse racing that the general manager may exempt from the prohibitions contained in section 45;

(g) imposing fees for anything done or permitted to be done under this Part, including but not limited to for the application for and the issue or renewal of any horse racing licence under this Part, with power to prescribe different fees for different classes of persons or horse racing licences, and requiring the payment of money, in addition to the fees, to cover expenses for anything done or permitted to be done under this Part;

(g.1) if a fee is imposed under paragraph (g) for requesting an internal review of a decision referred to in section 25 (4) in relation to a horse racing licence or any other decision of the general manager under this Part, providing for a refund of that fee if, on completion of the review, the person requesting the review obtains a decision that is

(i)   different than the decision reviewed, and

(ii)   consistent with the decision sought by the person who requested the review;

(h) prescribing limits on the amount of an administrative fine that may be imposed by the general manager under section 51 (2) (c);

(i) designating a person or persons who may appoint race track or designated race horse training centre officials or employees whose duties relate to the actual running of horse races, and for compelling the discharge for cause of those officials or employees;

(j) defining "horse racing teletheatre" for the purposes of the definitions in section 1 of "gaming event" and "horse racing".

Part 8 — Registration of Gaming Services Providers and Workers

Division 1 — Clearance of Gaming Personnel

Clearance of personnel by the general manager

55  (1) It is a condition precedent to

(a) the appointment of a person as the general manager of the branch or as a director of the lottery corporation, or

(b) the employment or appointment, by the general manager of the branch or by the lottery corporation, of a person in any category of persons that may be prescribed

that the prospective appointee or employee undergo a background investigation under this Part to ascertain the suitability of the person for appointment or employment.

(2) An appointee or employee must undergo a background investigation under this Part at least once every 5 years to ascertain the suitability of the person to retain the appointment or remain in employment.

Division 2 — Registration of Gaming Services Providers and Gaming Workers

General manager's responsibilities

56  (1) The general manager must

(a) maintain a register of persons who are registered as gaming services providers or gaming workers or in any of the classes of registration prescribed under section 105,

(b) record in the register the names of persons registered under this Division and other information and records required to be included by a provision of this Act or of the regulations,

(c) in the register distinguish, in accordance with the regulations, between confidential information and public information, and

(d) make the public information available during business hours for inspection.

(2) The general manager may register persons as gaming services providers or gaming workers.

(3) The discretion under this section to register persons as gaming services providers or gaming workers includes the discretion to attach conditions to the registrations that

(a) may differ for different registrants or classes of registrants, and

(b) must be consistent with the conditions of registrations prescribed under section 105.

Registration not assignable

57  A registration as a gaming services provider or gaming worker is not assignable or transferable.

Conditions precedent to registration

58  The general manager may not register or renew the registration of a person unless

(a) the general manager considers it appropriate to do so,

(b) the applicant is eligible for registration or renewal of registration, and

(c) the requirements under this Act for registration or renewal of registration have been met.

Eligibility — corporations

59  A corporation is not eligible to be registered as a gaming services provider unless it is a company, or an extraprovincial company, within the meaning of the Business Corporations Act, or unless it is incorporated or continued under the Society Act or another enactment.

Eligibility — partnerships

60  A partnership is not eligible to be registered as a gaming services provider unless

(a) the partnership and any partnership that is a partner in the partnership is registered under the Partnership Act or legislation comparable to the Partnership Act in another jurisdiction, and

(b) each individual partner meets the requirements of section 61 and each corporation that is a partner meets the requirements of section 59.

Eligibility — individuals

61  (1) An individual is not eligible to be registered as a gaming services provider unless the individual

(a) is an adult, and

(b) is qualified under this Act.

(2) An individual is not eligible to be registered as a gaming worker unless

(a) the individual is

(i)   an adult, or

(ii)   a minor in a prescribed class of gaming workers, and

(b) is qualified under this Act.

Application for gaming services provider registration

62  (1) An applicant for registration or renewal of registration as a gaming services provider must submit to the general manager

(a) an application in the form and with the content required by the general manager,

(b) information, affidavits and documents required by the general manager that he or she considers relevant to the application,

(c) at the time of the application, the prescribed application fee, unless exempted from this requirement by regulation under section 105 (1) (d.1), and

(d) a deposit, to be held in trust by the minister responsible for the Financial Administration Act, in an amount equal to the general manager's written estimate of the branch's costs of the background investigation referred to in section 65 (1) (c).

(2) If, after the start of the background investigation referred to in section 65 (1) (c), an applicant withdraws an application referred to in subsection (1) of this section, the general manager may authorize discontinuance of the background investigation, at any stage, if the general manager considers that the discontinuance is not detrimental to the public interest.

(3) In making a decision under subsection (2), the general manager must take into account the circumstances and any reasons for withdrawal given to the general manager by the applicant.

Costs of background investigations

63  (1) The general manager may prepare a certificate setting out the branch's costs of a background investigation.

(2) The branch's costs of a background investigation referred to in subsection (1) include but are not limited to the cost of the time spent by the general manager and persons employed in the branch and any fees paid to an expert, inspector, investigator or witness.

(3) The applicant, licensee or registrant, or the general manager, may apply to a master or registrar of the Supreme Court to review the certificate under the Supreme Court Civil Rules as if the certificate were a bill of costs, and on the review the master or registrar must review the costs and may vary them if the master or registrar considers that they are unreasonable or not related to the background investigation.

(4) The tariff of costs in the Supreme Court Civil Rules does not apply to and in respect of a certificate reviewed under this section. 

Refund of deposit

64  (1) A deposit submitted under section 62 (1) must be refunded to the applicant if, at any time before the start of the background investigation, the application for registration or renewal of registration is withdrawn by the applicant or refused by the general manager.

(2) Subject to section 62 (2), after the start of the background investigation referred to in section 65 (1) (c),

(a) the branch must proceed with the background investigation to its conclusion, even if the applicant withdraws the application, and

(b) the deposit submitted under section 62 (1) is not refundable, except to the extent of the amount, if any, by which it exceeds the costs of the background investigation, determined under section 63.

(3) If the general manager grants an authorization under section 62 (2), any part of the deposit submitted under section 62 (1) that exceeds the costs of the background investigation, determined under section 63, up to the time of discontinuance must be refunded to the applicant.

Gaming services provider registration

65  (1) On application, the general manager may issue or renew the registration of a gaming services provider if

(a) the applicant has paid the application fee referred to in section 62 (1) (c),

(b) the applicant has submitted the deposit referred to section 62 (1) (d) and, immediately before the time of issuance or renewal, the deposit is in trust as set out in section 62 (1) (d),

(c) the applicant has submitted to a background investigation and a written report of it is on file with the branch, and

(d) the general manager considers it appropriate to issue or renew the registration, taking into account the information on the application, the report referred to in paragraph (c) and any other information, affidavits and documents that the general manager considers are relevant to the application.

(2) The term of the registration of a gaming services provider is the prescribed period, not exceeding 5 years, and is to be specified in the register.

(3) The prescribed period referred to in subsection (2) may differ for different classes of gaming service providers.

(4) Any part of the deposit submitted under section 62 (1) (d) that exceeds the branch's costs of the background investigation, determined under section 63, must be refunded to the applicant.

Application for gaming worker registration

66  (1) An applicant for registration or renewal of registration as a gaming worker must submit to the general manager

(a) an application in the form and with the content required by the general manager,

(b) information, affidavits and documents that the general manager considers relevant to the application, and

(c) at the time of the application, the prescribed fee for registration as a gaming worker.

(2) The general manager may waive the prescribed fee under subsection (1) (c) if

(a) the applicant is a person employed in or appointed to the branch or is an employee or appointee with the lottery corporation, and

(b) the application is submitted in relation to or as a condition of the employment or appointment.

Gaming worker registration

67  (1) On application, the general manager may register or renew the registration of the applicant as a gaming worker if

(a) the applicant has paid the registration fee referred to in section 66 (1) or is exempt under section 66 (2) from the payment of that fee,

(b) the applicant has submitted to a background investigation conducted by the branch under Part 8 and the branch has reported the results to the general manager, and

(c) the general manager considers it appropriate to register or renew the registration, taking into account the information on the application, the report referred to in paragraph (b) and any other information, affidavits and documents that the general manager considers are relevant to the application.

(2) The term of a gaming worker's registration is not to exceed 5 years and is to be specified in the register.

Division 3 — Refusal, Suspension or Cancellation of Registration

Reasons for refusal of registration

68  The general manager may refuse to issue or renew the registration of a gaming services provider or gaming worker if the applicant for the registration or renewal, or any person who is a director, officer, employee or associate of the applicant or is a partner in the applicant,

(a) is considered by the general manager, on reasonable grounds, to be a detriment to the integrity or lawful conduct or management of gaming,

(b) no longer meets a registration requirement under this Act or did not meet such a requirement at the time of registration,

(c) has breached or is in breach of

(i)   a condition of the registration of the registrant, or

(ii)   a contract with the lottery corporation,

(d) has made a material misrepresentation, omission or misstatement in the application for the registration or renewal or in reply to an inquiry by a person conducting an audit, inspection or investigation under this Act,

(e) has been refused a similar registration, licence or authority in British Columbia or in another jurisdiction,

(f) has held a similar registration, licence or authority in British Columbia or in another jurisdiction and the similar registration, licence or authority has been suspended or cancelled, or

(g) has been convicted of an offence, inside or outside of British Columbia, that in the opinion of the general manager calls into question the honesty or integrity of the applicant.

Suspension or cancellation of registration

69  (1) For any of the reasons under section 68, the general manager may do any of the following:

(a) issue a warning to a registrant;

(b) cancel a registrant's registration;

(c) suspend a registrant's registration for a period of time;

(d) impose new conditions on a registrant's registration, either generally or for a period of time;

(e) vary existing conditions of a registrant's registration, either generally or for a period of time.

(2) For either of the reasons under paragraphs (c) and (d) of section 68, the general manager may impose an administrative fine within prescribed limits.

(3) In the case of a registrant that is a gaming services provider, conditions may be imposed or varied under subsection (1) (d) or (e) in relation to one or more premises at which the registrant carries on the business of providing gaming services and, without limiting this, the conditions imposed or varied may do any of the following:

(a) prohibit the registrant from selling lottery tickets at a premises and require the registrant to ensure that no lottery tickets are sold, by any person, at the premises;

(b) prohibit the registrant from providing one or more other gaming services at a premises and require the registrant to ensure that the prohibited gaming services are not provided, by any person, at the premises;

(c) require the registrant to post the conditions in public view at the premises to which the conditions relate.

Written reasons and written reply

70  (1) The general manager must provide the applicant for registration or the registrant, as the case may be, with written reasons for a decision of the general manager under section 68 or 69

(a) issuing a warning referred to in section 69,

(b) refusing an application to issue or renew a registration,

(c) suspending or cancelling a registration,

(d) imposing conditions on a registration,

(e) varying existing conditions of a registration, or

(f) imposing an administrative fine.

(2) Within 30 days after the date the general manager provides the written reasons to the applicant or registrant, the applicant or registrant may file a written reply with the general manager.

(3) Within 60 days after receiving a written reply under subsection (2), the general manager must confirm or vary his or her decision.

Inquiries

71  (1) The general manager may make inquiries and require information from an applicant or registrant that the general manager considers necessary to decide whether or not to exercise a discretion under this Part to

(a) grant or renew a registration,

(b) suspend or cancel a registration,

(c) impose conditions on a registration,

(d) vary existing conditions of a registration, or

(e) impose an administrative fine.

(2) For the purposes of an inquiry under subsection (1), whenever made, the general manager may require the applicant or registrant to submit to a background investigation conducted by the branch under this Part.

(3) Every registrant, when required in writing by the general manager, must provide the general manager with reports and information specified by the general manager for the purposes of determining compliance under this Act.

Registration cancelled on dispossession of business

72  (1) A registration as a gaming services provider is cancelled if

(a) the registrant, through bankruptcy, insolvency, secured creditor realization, the operation of law or the death or incapacity of a person who is primarily responsible for carrying on the activities authorized by the registration on behalf of the registrant, ceases to carry on the activities authorized under the registration, or

(b) an individual who is the registrant dies or becomes unable, through mental or physical disability, to continue to carry on the activities authorized by the registration.

(2) However, if subsection (1) applies, the general manager may issue a temporary registration to a person to carry on the activities that were authorized by the cancelled registration.

(3) A temporary registration is valid for one year and, except as to its term, is subject to the same conditions as the registration cancelled under subsection (1).

(4) A person registered under a temporary registration may apply for a new registration while the temporary registration is still in force.

(5) The registrant under a registration referred to in subsection (1) or, in the event of the registrant's death or disability, the personal representative of the registrant, must give notice of an event described in subsection (1) to the general manager within 10 days after the event.

Requirements respecting organizational changes

73  (1) It is a condition of registration as a gaming services provider that the registrant deliver notice to the general manager of

(a) a change in the directors, officers or associates of a registrant that is a corporation or in the partners, officers or associates of a registrant that is a partnership, and

(b) the direct or indirect acquisition or disposition by a person or group of persons acting in concert, in one or more transactions, of

(i)   5% or more of the outstanding voting shares in the capital of a registrant or an associate of that registrant that is a corporation, or

(ii)   one or more securities issued by the registrant, other than voting shares described in subparagraph (i), if the amount paid up under the security or securities is equal to or greater than 5% of the aggregate paid up capital of the registrant.

(2) The notice under subsection (1) must be given to the general manager in advance and the general manager, not later than 60 days after receiving the notice, must

(a) approve the intended change in directors, officers, partners or associates, or the intended acquisition or disposition of shares or securities, as the case may be, if the general manager considers that it will not constitute grounds for taking action under section 69, and notify the registrant to that effect,

(b) refuse to approve the intended change in directors, officers, partners or associates, or the intended acquisition or disposition of shares or securities, as the case may be, if the general manager considers that it will constitute grounds for taking action under section 69, and notify the registrant to that effect, giving written reasons for the refusal, or

(c) specify a new date on or before which the general manager must decide whether to grant approval under paragraph (a) or to refuse approval under paragraph (b), if the general manager considers that the extension is necessary or desirable for the purpose of making inquiries under section 71 or, under that section, requiring information from the registrant, and notify the registrant to that effect, giving written reasons for the extension.

Division 4 — Technical Integrity — Certification and Compliance

Repealed

74  [Repealed 2010-21-101.]

Technical integrity standards

75  (1) The lottery corporation must not use or permit the use of gaming supplies in connection with a lottery scheme unless the general manager has issued a certificate of technical integrity, individually or according to type, for the lottery scheme and the gaming supplies.

(2) The lottery corporation

(a) must advise the general manager if any gaming supplies have been repaired, altered or upgraded or have malfunctioned, and

(b) must not use the gaming supplies after the repair, alteration, upgrade or malfunction until the general manager has approved the use in writing.

(3) The general manager may issue a certificate of technical integrity under this section only if satisfied that the gaming supplies and lottery scheme will be fair, honest, secure and safe, individually or according to type, according to standards approved by the general manager.

(4) Subsection (1) does not apply to gaming supplies in use immediately before the date this section comes into force, in connection with a lottery scheme.

Part 9 — Compliance

Division 1 — Audits, Inspections and Investigations

Definitions

76  In this Division:

"applicant" includes a person who has submitted an application under section 62 for which a background investigation referred to in section 63 has not been concluded, even if the person has withdrawn the application after the start of the background investigation;

"background investigations" means background investigations authorized under this Part;

"eligible organization" means an organization that has applied under Part 6 for a grant and has received or is eligible to receive a grant under that Part;

"inspector" means a person designated as an inspector under section 78 and includes the general manager;

"justice" means justice as defined in the Offence Act;

"licensee" includes a former licensee;

"registrant" includes a former registrant.

Financial reporting requirements

77  (1) Every registered gaming services provider must submit annually to the general manager, within 6 months after the end of each financial year of the registrant,

(a) a financial statement, in the form and with the content required by the general manager, covering the registrant's activities during that financial year in relation to the registration,

(b) if required by the general manager, a financial statement audited by an auditor approved by the general manager, and

(c) any other information required by the general manager that he or she considers relevant.

(2) Every gaming event licensee or eligible organization, if required by the general manager, must submit, at the time or times determined by the general manager,

(a) a financial statement, in the form and with the content required by the general manager, covering the licensee's or eligible organization's activities during that financial year in relation to the licence or grant,

(b) if required by the general manager, a financial statement audited by an auditor approved by the general manager, and

(c) any other information required by the general manager that he or she considers relevant.

Inspectors

78  (1) If satisfied as to the qualifications of a person, the general manager may designate any person employed in the branch as an inspector for the purposes of this Part.

(2) The general manager or an inspector may conduct inspections and audits for the purposes of

(a) assessing applications for licences, grants under Part 6 or registration, as the case may be,

(b) monitoring compliance of licensees, eligible organizations and registrants with this Act, the regulations, the rules and the conditions of licences and registration, and

(c) monitoring compliance of the lottery corporation with this Act and the regulations.

Inspection and audit powers

79  (1) For the purposes referred to in section 78 (2) (b) and (c), an inspector may

(a) enter and inspect or audit gaming facilities, gaming premises and any gaming operation,

(b) enter and inspect any part of the grounds of a race track or designated race horse training centre, including but not limited to

(i)   any stables, stands and parking areas operated as part of or in conjunction with the race track or the designated race horse training centre,

(ii)   any property used by a licensee to operate the race track or designated race horse training centre, and

(iii)   any property used in conjunction with the operation of the race track or designated race horse training centre,

(c) inspect any property that, by or on behalf of a horse racing licensee, is brought onto the grounds of a race track or designated race horse training centre, including but not limited to a motor vehicle,

(c.1) make inquiries the inspector considers necessary,

(d) require any person who has possession or control of any of the records or things of a licensee, eligible organization or registrant to produce the records or things,

(e) take reasonable samples of gaming supplies,

(f) if a thing produced under paragraph (d) in relation to a horse racing licensee is or contains a substance, take the thing or the substance or a sample of the thing or the substance,

(g) inspect, audit and examine the records, things, samples and substances,

(h) remove any of the records for the purpose of making copies or extracts or otherwise recording or marking them for identification, and

(i) remove any of the things, samples or substances for the purpose of examination, analyses and testing or marking them for identification.

(2) A person who has custody or control of records or things that an inspector considers necessary for the inspection must produce all the records and things that the inspector may require for the purposes of this section.

(3) Subject to subsection (4), an inspector may enter at any reasonable time any business premises of a licensee, eligible organization or registrant or the premises at which the records or things referred to in subsection (1) are kept.

(4) An inspector who under this section removes records or things

(a) may make copies of, take extracts from or otherwise record them,

(b) must give a receipt for them to the person from whom they are taken,

(c) must return them within a reasonable time, and

(d) may return them with alterations reasonably necessary for the exercise of the powers conferred under subsection (1).

(5) The power to enter premises under subsection (3) must not be used to enter a dwelling occupied as a residence without the consent of the occupier.

Background investigations

80  (1) For the purposes referred to in section 78 (2), the general manager or an investigator designated under section 81 may conduct background investigations, including but not limited to criminal records checks and inquiries as to individual suitability and financial integrity, of

(a) applicants for registration,

(b) registrants,

(c) applicants for licences,

(d) licensees,

(e) applicants for grants under Part 6,

(f) eligible organizations, and

(g) directors, officers, employees or associates of

(i)   applicants for registration as gaming services providers,

(ii)   registered gaming services providers,

(iii)   applicants for prescribed classes of licences,

(iv)   licensees in prescribed classes of licensees,

(v)   applicants for grants under Part 6, and

(vi)   eligible organizations.

(2) In the conduct of a background investigation under this section, an investigator has all the powers and duties that an inspector has under section 79.

Investigations

81  (1) If satisfied as to the qualifications of a person, the general manager, in writing, may designate any person employed in the branch as an investigator for the purposes of this Part.

(2) For the enforcement of this Act, an investigator may conduct investigations.

(3) In the conduct of an investigation under this section, an investigator has all the powers and duties that an inspector has under section 79.

(4) The general manager must report the results of investigations under this section

(a) to the Attorney General, if the results raise issues that the general manager considers warrant the attention of the Attorney General, and

(b) if the investigation is undertaken at the request of the lottery corporation, or if the general manager otherwise considers it appropriate to do so, to the lottery corporation.

Search under warrant

82  (1) In addition to any other powers under this Part, for the purposes referred to in section 78 (2) (b) or (c) or 81 (2), the general manager or a person authorized in writing by the general manager may enter any place or premises, including a dwelling occupied as a residence without the consent of the occupier, under the authority of a warrant issued under subsection (2).

(2) A justice may issue a warrant authorizing the general manager or a person authorized by the general manager under subsection (1) and, if appropriate, any peace officer that the general manager or authorized person may call on for assistance to enter a place, premises or dwelling occupied as a residence in accordance with the warrant, for the purposes referred to in section 78 (2) (b) or (c) or 81 (2), if the justice is satisfied by evidence on oath that there are in the place records or things that there are reasonable grounds to believe are relevant to the exercise of those powers.

Seizure of gaming supplies

82.1  A peace officer conducting a search under the authority of a warrant issued under section 82 (2) may seize and remove gaming supplies, along with the packages within which they are kept, that the peace officer has reasonable grounds for believing are possessed or kept contrary to section 95.

Report of seizures

82.2  If gaming supplies are seized by a peace officer under section 82.1, the peace officer must report in writing to the general manager the particulars of the seizure as soon as practicable but no later than 10 days after the seizure.

Detention and forfeiture of gaming supplies

82.3  (1) On receiving a report under section 82.2, the general manager may order the gaming supplies or a portion of them

(a) returned to their owner or other person entitled to them, or

(b) detained, if the general manager is satisfied the detention is required for purposes of an investigation or proceeding.

(2) Subject to section 82.4, gaming supplies and any packaging in which they were kept that were seized under section 82.1 are forfeited to the government and must be dealt with as the general manager orders if a conviction is obtained for an offence under section 97 for a contravention of section 95 in relation to the gaming supplies.

(3) A person who claims to be the person lawfully entitled to possession of gaming supplies detained under subsection (1) (b), other than a person entitled to make an application to the Supreme Court under section 82.4, may apply to the general manager for the return of the gaming supplies if

(a) at least 6 months have expired since the date of the seizure and no proceeding in respect of those gaming supplies has been initiated, or

(b) a proceeding, including all available appeals, in respect of an offence alleged under section 97 for a contravention of section 95 has been concluded.

(4) An application under subsection (3) (a) must be made within 7 months of the date of the seizure.

(5) An application under subsection (3) (b) must be made within 30 days of the conclusion of the proceeding referred to in that subsection.

(6) On receiving an application under subsection (3), the general manager must order that the gaming supplies be returned to the applicant if the general manager is satisfied that the applicant is lawfully entitled to possession of the gaming supplies and that it is no longer reasonably necessary to retain them.

(7) Subject to section 82.4, if an application is not brought under subsection (3) of this section within the time required by subsection (4) or (5), or if an application has been brought within that time but the general manager is not required to order the return of the gaming supplies under subsection (6), the gaming supplies are forfeited to the government and must be dealt with as the general manager orders.

(8) A person to whom gaming supplies are returned under subsection (6) or by a court order under section 82.4 (2) is not entitled to compensation for any losses, costs or damages suffered or incurred by the person directly or indirectly as a result of the seizure and detention of the gaming supplies.

Third parties claiming an interest in gaming supplies seized

82.4  (1) If gaming supplies are seized under section 82.1, any person, other than a person accused of an offence as a result of the seizure or in whose possession the gaming supplies were when seized, who claims an interest in the gaming supplies as an owner, lien holder or holder of any similar interest may, within 30 days of the seizure, apply to the Supreme Court for an order under subsection (2) of this section.

(2) If, on hearing an application made under subsection (1), the court is satisfied that

(a) the applicant is innocent of any complicity in the alleged offence in relation to the seizure or of any collusion with the offender in relation to the alleged offence, and

(b) the applicant exercised all reasonable care to satisfy himself or herself that possession of the gaming supplies was not contrary to this Act or the regulations,

the applicant is entitled to an order declaring that the applicant's interest is not affected by the seizure and declaring the nature and extent of the applicant's interest at the time of the contravention, and the court may order that the gaming supplies or a portion of them must be returned to the applicant.

Order to freeze property

83  (1) The general manager may make one or more of the orders set out in subsection (2) (a) to (d) if the general manager

(a) believes on reasonable grounds that a licensee, eligible organization, gaming services provider or gaming worker has contravened

(i)   a requirement of this Act,

(ii)   a requirement of the regulations of the Lieutenant Governor in Council under this Act,

(iii)   a requirement of the rules under this Act of the general manager or the lottery corporation,

(iv)   a condition of a horse racing licence or gaming event licence, or

(v)   a condition of registration as a gaming services provider or gaming worker,

and the requirement or condition is in relation to the handling of, or accounting for, money derived from a lottery scheme or horse racing or received as a grant under section 41 (1),

(b) believes on reasonable grounds that a licensee, eligible organization, gaming services provider or gaming worker is or will be insolvent or otherwise financially unstable, and the insolvency or instability may result in a failure to account for money derived from a lottery scheme or horse racing or received as a grant under section 41 (1), or

(c) criminal proceedings have been instituted, are being instituted or are about to be instituted that, in the general manager's opinion, involve the conduct of the affairs of the licensee, eligible organization, gaming services provider or gaming worker.

(2) The orders referred to in subsection (1) are orders that require

(a) a person having in British Columbia on deposit or under control or for safe keeping any assets of a person named in the order, to hold the assets in trust,

(b) a person named in the order not to withdraw any of the person's assets from the possession of another person named in the order having them on deposit, under control or for safe keeping,

(c) a lessor, named in the order, of safety deposit boxes, safes or compartments in safes, not to permit the opening or removal of a safety deposit box, safe or compartment in a safe leased to a person named in the order, or

(d) a person named in the order to hold the assets affected by the order in that person's possession, safe keeping or control in trust for an interim receiver, custodian, trustee, receiver manager, receiver or liquidator who has been appointed or whose appointment has been applied for under the Business Corporations Act, the Law and Equity Act, the Personal Property Security Act, the Supreme Court Act, the Bankruptcy and Insolvency Act (Canada) or the Winding-up and Restructuring Act (Canada).

(3) Particular assets affected by an order made under this section continue to be affected by the order and remain frozen under it until

(a) all of the assets are released because of a revocation under this section of the order, or

(b) an order is made under this section releasing the particular assets.

(4) An order under this section does not apply to assets in a stock exchange clearing house or to securities in process of transfer by a transfer agent unless the order expressly so states.

(5) If a bank, trust company or credit union is the holder of assets described in subsection (2) (a), an order under that subsection applies only to offices, branches or agencies specified in the order.

(6) On the general manager's own motion, or on the written application of a person named in or directly affected by an order under this section, the general manager may

(a) revoke an order made under this section, or

(b) order the release of particular assets among the assets affected by an order under this section.

Order for compliance

84  If the general manager considers that a person has not complied with an order made under this Act, the general manager may apply to the Supreme Court for either or both of the following:

(a) an order directing the person to comply with the order or restraining the person from violating the order;

(b) an order directing the directors and officers of the person to cause the person to comply with or to cease violating the order,

and the Supreme Court may make an order it considers appropriate.

Video surveillance

85  The lottery corporation, the general manager or a person authorized by the general manager may place a gaming site under video surveillance to ascertain compliance with this Act, the rules or the regulations.

Information to be provided to the general manager

86  (1) On request of the general manager and within the time period specified by the general manager in the request, the lottery corporation, a registrant, a licensee and an eligible organization must provide to the general manager any information, records or things that the general manager considers relevant to an investigation or an investigative audit under this Act.

(2) The lottery corporation, a registrant and a licensee must notify the general manager immediately about any conduct, activity or incident occurring in connection with a lottery scheme or horse racing, if the conduct, activity or incident involves or involved

(a) the commission of an offence under a provision of the Criminal Code that is relevant to a lottery scheme or horse racing, or

(b) the commission of an offence under this Act.

Requirement to submit to audit, inspection or investigation

87  A person must not

(a) obstruct or interfere with a person acting under the authority

(i)   of this Part in conducting an audit, inspection or investigation, or

(ii)   of section 50 in conducting a test or analysis,

(b) withhold, destroy, tamper with, alter, conceal or refuse to produce any information, record, substance, sample or thing that is required by a person conducting an audit, inspection, investigation, test or analysis,

(c) refuse to provide to a person conducting a test or analysis under section 50 samples of the licensee's blood, saliva, urine, breath or other materials for testing or analysis, or

(d) refuse, in relation to a test or analysis under section 50, to submit to a search of the licensee's person by or under the direction of the person conducting the test or analysis.

Division 2 — Offences and Penalties

Prohibition — unauthorized lottery schemes

88  A person, other than the government or a person authorized under this Act, must not

(a) conduct, manage or operate a lottery scheme,

(b) promote or hold himself or herself out as someone authorized under this Act to conduct, manage or operate a lottery scheme, or

(c) negotiate with a municipality, regional district, first nation or any other person respecting the conduct, management or operation of a lottery scheme.

Prohibition — unauthorized activities relating to gaming facilities

88.1  A person, other than the government or a person authorized under this Act, must not

(a) do, or promote or hold himself or herself out as someone authorized to do, or

(b) negotiate with a municipality, regional district, first nation or any other person respecting

anything referred to in section 18 (1) (a) to (c).

Prohibition — unauthorized gaming by minors

89  (1) A gaming services provider must ensure that minors are not permitted to be present on the gaming facility premises unless allowed to be present under the regulations.

(2) A gaming services provider operating a gaming facility must ensure that minors are not permitted to participate in gaming that takes place at that gaming facility.

(3) A person must not sell, offer for sale, purchase for resale, or do anything in furtherance of selling, offering for sale or purchasing for resale, any lottery ticket to a minor, unless the person is a licensee acting under conditions of the licence that are prescribed under section 105 (1) (b).

Unauthorized sale of lottery tickets prohibited

90  A person must not sell, offer for sale, purchase for resale, or do anything in furtherance of selling, offering for sale or purchasing for resale, any lottery ticket, whether it originates inside or outside of British Columbia, unless the person is

(a) the lottery corporation,

(b) a person authorized by the lottery corporation, or

(c) a licensee acting under conditions of the licence that are prescribed under section 105 (1) (b).

Removing persons from premises

91  (1) A gaming services provider in a gaming facility must ensure that a person does not remain on the premises of the gaming facility if the gaming services provider has reasonable grounds to believe that the person

(a) is unlawfully on the premises,

(b) is on the premises for an unlawful purpose, or

(c) is contravening the law on the premises.

(2) A gaming services provider or a person acting on its behalf may request a person referred to in subsection (1) to leave the premises of the gaming facility immediately.

Right to refuse entry

92  If the lottery corporation or a person acting on its behalf has reason to believe that the presence of a person on the premises of a gaming facility is undesirable or that the person on the premises is a participant in a voluntary self-exclusion program, the lottery corporation or person acting on its behalf may

(a) request the person to leave the premises of the gaming facility immediately, or

(b) by written notice delivered to the person, forbid him or her to enter the premises of the gaming facility at any time during a period specified in the notice.

Prohibition — unlawfully entering or remaining on premises

93  (1) A person must not

(a) remain on the premises of a gaming facility after he or she is requested to leave by a gaming services provider in a gaming facility, the lottery corporation or a person acting on behalf of either of them,

(b) enter the premises of a gaming facility within 24 hours after he or she is requested to leave, or

(c) enter the premises of the gaming facility at any time during the period specified in a written notice referred to in section 92 (b) that has been delivered to the person in accordance with section 92 (b).

(2) If a person requested under section 91 (2) or 92 (a) to leave the premises of a gaming facility does not leave the premises in accordance with the request, the gaming services provider, the lottery corporation or a person acting on behalf of either of them may remove the person or cause the person to be removed by the use of no more force than is necessary.

(3) A person is not entitled to any prize or winnings as a result of the person's participation in gaming at a gaming facility if written notice referred to in section 92 (b) has been delivered to the person in accordance with section 92 (b).

Prohibition — unregistered gaming services providers

94  A person, other than the lottery corporation, must not provide gaming services unless the person is

(a) a registered gaming services provider and acts in accordance with the conditions of registration,

(b) a registered gaming worker and acts in accordance with the conditions of registration, or

(c) a person who is excluded by regulation from the definition of "gaming services provider" or of "gaming worker" and acts in accordance with the conditions, if any, of the exemption.

Prohibition — unregistered gaming supplies

95  A person, other than the lottery corporation, must not

(a) possess or keep for any purpose other than private or personal use, or

(b) make, sell, advertise or distribute

any gaming supplies unless

(c) the gaming supplies have been approved, individually or according to type, by the general manager and are identifiable under regulations prescribed by the Lieutenant Governor in Council as gaming supplies that have received that approval, and

(d) the person is

(i)   a registrant or licensee and is acting in accordance with the conditions of registration or of the licence, or

(ii)   excluded by regulation from the definition of "gaming services provider" and acts in accordance with the conditions, if any, of the exemption.

Prohibition — unregistered gaming workers

96  (1) A person must not work as a gaming worker unless that person

(a) is a registered gaming worker, or

(b) is excluded by regulation from the definition of "gaming worker" and acts in accordance with the conditions, if any, of the exemption.

(2) A person must not employ or engage another person as a gaming worker unless the other person

(a) is a registered gaming worker, or

(b) is excluded by regulation from the definition of "gaming worker" and acts in accordance with the conditions, if any, of the exemption.

Offences

97  (1) Section 5 of the Offence Act does not apply to this Act or to the regulations.

(2) A person commits an offence who

(a) contravenes section 88 or 88.1,

(b) contravenes section 45 (1), 50 (3), 79 (2), 87, 90, 94 or 95,

(c) makes a statement in a record filed or provided under this Act that is false or misleading with respect to a material fact or that omits to state a material fact the omission of which makes the statement false or misleading,

(d) contravenes section 45 (2), 77 (1) or (2), 89 (1), (2) or (3), 93 (1) or 96 (1) or (2), or

(e) does not comply with a condition of a licence or registration.

(2.1) A registrant, a licensee or an eligible organization who contravenes section 86 (1) or (2) commits an offence.

(3) A person does not commit an offence under subsection (2) (c) if at the time of the statement the person did not know that the statement was false or misleading and, exercising due diligence, could not have known that the statement was false or misleading.

(4) If a corporation commits an offence under this Act, an employee, officer, director or agent of the corporation who authorizes, permits or acquiesces in the offence commits the same offence whether or not the corporation is convicted of the offence.

Penalties

98  (1) A person who commits an offence under section 97 (2) (a) is liable,

(a) in the case of a corporation on a first conviction, to a fine of not more than $100 000 and not less than $5 000 and, on each subsequent conviction, to a fine of not more than $200 000 and not less than $10 000, and

(b) in the case of an individual

(i)   on a first conviction, to a fine of not more than $100 000 or to imprisonment for not more than 6 months or to both, and

(ii)   on each subsequent conviction, to a fine of not more than $200 000 and not less than $10 000 or to imprisonment for not more than 12 months or to both.

(2) A person who commits an offence under section 97 (2) (b) or (c) or (2.1) is liable,

(a) in the case of a corporation on a first conviction, to a fine of not more than $100 000 and, on each subsequent conviction, to a fine of not more than $200 000, and

(b) in the case of an individual

(i)   on a first conviction, to a fine of not more than $100 000 or to imprisonment for not more than 6 months or to both, and

(ii)   on each subsequent conviction, to a fine of not more than $200 000 or to imprisonment for not more than 12 months or to both.

(3) A person who commits an offence under section 97 (2) (d) or (e) is liable to a fine of not more than $5 000.

Division 3 — General

Remedies preserved

99  A proceeding, conviction or penalty for an offence under this Act does not relieve a person from any other liability.

Court order to comply

100  If a person is convicted of an offence under this Act, then, in addition to any punishment the court may impose, the court may order the person to comply with the provisions of this Act or the regulations.

Responsibility of directors, officers and partners

101  (1) If a corporation is a licensee or registrant and a duty is imposed under this Act on the licensee or registrant, the duty is also imposed on each director or officer of the corporation.

(2) If a partnership is a licensee or registrant and a duty is imposed under this Act on the licensee or registrant, the duty is also imposed on each partner or officer of the partnership.

Limitation period

102  Proceedings under this Act must not be commenced more than 3 years after the date of the events that give rise to the proceedings.

Evidence by certificate

103  (1) A copy of a book, document, voucher or other paper obtained under this Act and certified to be a true copy by a person designated by regulation must be admitted in evidence in any action, proceeding or prosecution under this Act as prima facie proof of the original record without proof of the signature or appointment of the designated person.

(2) A certificate purporting to be signed by

(a) the general manager or a person authorized by him or her, or

(b) the chair of the lottery corporation or a person authorized by him or her,

that sets out any action or decision of the general manager or the lottery corporation, as the case may be, must be admitted in evidence as prima facie proof of the facts stated in the certificate without proof of the signature or the official character of the person signing it.

Part 10 — Regulations

Regulations — general

104  The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

Regulations — specific powers

105  (1) In addition to section 104, the Lieutenant Governor in Council may make regulations as follows:

(a) respecting the conduct, management and operation of provincial gaming

(i)   by the government or, on behalf of the government, by the lottery corporation, or

(ii)   by the government or, on behalf of the government, by the lottery corporation, jointly with Canada or with other provinces;

(b) prescribing terms and conditions of licences relating to the conduct, management, and operation of, or participation in, gaming events;

(c) respecting fees or gaming event licences or for applications for gaming event licences, including but not limited to

(i)   prescribing fees expressed as specified amounts or as percentages of all or any component of gross or net revenue from gaming events,

(ii)   prescribing methods of calculating the amounts of the fees and factors to be taken into account in the calculations, and

(iii)   prescribing methods of determining any fact necessary for calculating the amounts of the fees and the persons or officials by whom the facts must be determined;

(d) respecting fees for registrations under Part 8 or for applications for those registrations, including but not limited to

(i)   prescribing fees expressed as specified amounts,

(ii)   prescribing methods of calculating the amounts of the fees and factors to be taken into account in the calculations, and

(iii)   prescribing methods of determining any fact necessary for calculating the amounts of the fees and the persons or officials by whom the facts must be determined;

(d.1) exempting an applicant for a class of registration from the requirement of section 62 (1) (c);

(e) establishing classes of registration;

(f) respecting application procedures for registrations;

(g) respecting conditions and eligibility requirements that must be met before a registration is granted;

(h) prescribing conditions of registration;

(i) respecting the term and expiration of registrations;

(j) respecting the posting of certificates of registration, notices and information by registrants;

(j.1) respecting the consultations referred to in section 19 (1) (b) that the lottery corporation must be satisfied have occurred before developing, using, operating, relocating or substantially changing a gaming facility under section 18, including the subject matters to which those consultations must be confined;

(j.2) respecting the time by which an objection referred to in section 21 (1) must be filed with the lottery corporation and the subject matters to which the objection must be confined;

(k) respecting the requirements and consequences that apply

(i)   if a registrant sells or assigns the business or undertaking under which the activities authorized by the registration are carried out, or becomes dispossessed of the business or undertaking by bankruptcy or operation of law, or

(ii)   if a registrant who is an individual dies;

(l) governing conflict of interest for

(i)   the general manager and persons employed in the branch, and

(ii)   the directors and employees of the lottery corporation;

(m) allowing the presence of minors at a gaming facility or a gaming event, in circumstances, or on conditions, that may be set out in the regulations;

(n) respecting types of lottery schemes or of horse racing that may be combined with one or more other types of lottery schemes or of horse racing;

(o) respecting types of lottery schemes that the lottery corporation may conduct and manage;

(p) respecting participation in and disqualification from participation in lottery schemes or horse racing;

(q) prescribing records or reports that must be kept or made by a person who is

(i)   the custodian or depositary of money staked or deposited in the making of a bet for a race under the pari mutuel system, or

(ii)   an organization that has received money under section 16 (2) (b);

(r) providing for the auditing and inspection of the records or reports referred to in paragraph (q);

(s) prescribing the times and manner of the accounting for, depositing and payment over by any person of all fees received or collected by the person under Part 2.1;

(t) defining, for the purposes of this Act, words and expressions that are not defined in this Act;

(u) defining "interest" for the purposes of the definition of "associate" in section 1 (1).

(v) imposing a fee for requesting an internal review of a decision referred to in section 25 (4) in relation to a licence, registration or application referred to in subsection (1) (c) and (d) of subsection (1) of this section;

(w) providing for a refund of a fee imposed under paragraph (v) if, on completion of the review, the person requesting the review obtains a decision that is

(i)   different than the decision reviewed, and

(ii)   consistent with the decision sought by the person who requested the review.

(2) A regulation made under this section may

(a) be made applicable generally or to a specific person, thing or transaction, or class of persons, things or transactions,

(b) for the purpose of the regulation, define classes of persons,

(c) for the purpose of the regulation, define classes of things or transactions, and

(d) provide differently for different persons, things or transactions, or for different classes of persons, things or transactions.

(3) The Lieutenant Governor in Council, by regulation, may delegate the discretion to make regulations under subsection (1) (b) or (c) or both (1) (b) and (c) to an authority or person specified in the regulation.

(4) Each of the Provincial Secretary and Minister of Government Services, the Attorney General and the Public Gaming Control Branch is conclusively deemed to have been at all times between May 27, 1986 and the end of March 31, 1987 an authority having the discretion, because of a delegation under subsection (3), to make regulations under subsection (1) (b) and (c).

(5) The British Columbia Gaming Commission is conclusively deemed to have been at all times between March 31, 1987 and the end of January 11, 2002 an authority having the discretion, because of a delegation under subsection (3), to make regulations under subsection (1) (b) and (c).

(6) Every licence fee or purported licence fee, in respect of a lottery scheme, imposed or purported to have been imposed by

(a) the Provincial Secretary and Minister of Government Services, the Attorney General or the Public Gaming Control Branch between May 27, 1986 and the end of March 31, 1987, or

(b) the British Columbia Gaming Commission, between March 31, 1987 and July 30, 1998,

is conclusively deemed to have been validly imposed by regulation under this section on the date of the licence or purported licence to which the licence fee or purported licence fee pertains.

(7) The Regulations Act does not apply, and, between May 27, 1986 and July 30, 1998 did not apply, in respect of

(a) any licence fee referred to in subsection (6), or

(b) a regulation referred to in subsection (6).

(8) A condition of registration prescribed under subsection (1) (h), whether the regulation is made before or after registration of a gaming service provider or gaming worker, is a condition of the registration of the gaming services provider or gaming worker, with effect in relation to a particular registration on and after the date the regulations are provided to the registrant under subsection (9) of this section.

(9) The branch must provide each registrant with a copy of

(a) the regulations that prescribe conditions of the registration, and

(b) any amendments to those regulations.

(10) The conditions referred to in subsection (8) are additional to any conditions attached under section 56 (3) or imposed or varied under section 69 (1) (d) or (e).

(11) The Regulations Act applies to regulations under this Act that are made after the coming into force of this subsection by an authority to whom the Lieutenant Governor in Council delegates the regulation making authority under subsection (1) (b) or (c).

Part 11 — Transitional

Licences validly issued

106  (1) Each of the Provincial Secretary and Minister of Government Services, the Attorney General and the Public Gaming Control Branch is conclusively deemed to have been at all times between May 27, 1986 and the end of March 31, 1987, under a delegation made by the Lieutenant Governor in Council, an authority having the discretion under section 30 to license persons to conduct and manage gaming events in British Columbia.

(2) The British Columbia Gaming Commission is conclusively deemed to have been at all times between March 31, 1987 and the end of January 11, 2002, under a delegation made by the Lieutenant Governor in Council, an authority having the discretion under section 30 to license persons to conduct and manage gaming events in British Columbia.

(3) A licence or purported licence is conclusively deemed to have been validly issued under section 30 on the date of the licence or purported licence if the licence

(a) was issued by

(i)   the Provincial Secretary and Minister of Government Services, the Attorney General or the Public Gaming Control Branch between May 27, 1986 and the end of March 31, 1987, or

(ii)   the British Columbia Gaming Commission between March 31, 1987 and July 30, 1998, and

(b) authorizes or authorized, or purports or purported to authorize, a person to conduct and manage a gaming event.

Enactments to be given legal effect

107  (1) This section, the definitions in section 1 of "gaming event", "licence", in relation to charitable or religious organization, "lottery scheme" and "person", sections 30, 105 (1) (b) and (c) and (2) to (7) and 106 must be applied to and must be given effect in every action or proceeding, whether commenced before, on or after the date this Act receives Royal Assent.

(2) A provision of this Act must not be construed as lacking effect, whether retroactive or otherwise, in relation to any matter because of making no specific reference to that matter.

(3) If any provision of this Act is held to be invalid, the provision must be severed from the remaining provisions, and the remainder have the same effect as if they had been originally enacted separately from the provision held to be invalid.

Existing personnel exempt

108  Section 55 does not apply to a person who, immediately before the coming into force of that section was a member of the British Columbia Racing Commission or the British Columbia Gaming Commission, or a director of the lottery corporation or an employee of any of them or a person in the employ of the branch, until the earliest of the following:

(a) the end of 2 years after the coming into force of section 55;

(b) the date, if any, on which that person's appointment or employment ends;

(c) the date on which that person is recommended for a transfer to a position in any of the categories prescribed under section 55 (b).

Existing registrations to be given effect

109  Sections 65, 66 and 67 do not apply to a registrant who, immediately before the coming into force of this section, held the status of registrant registered by the Gaming Audit and Investigation Office in the Ministry of Attorney General or by the branch, until the earlier of the following:

(a) the end of 2 years after the coming into force of this section;

(b) the date on which the registration expires.

Spent

110–121  [Repeals and consequential amendments. Spent. 2002-14-110 to 121.]

Commencement

122  (1) This Act, except the definitions in section 1 of "gaming event", "licence", "lottery scheme" and "person", and except sections 30, 105 (1) (b) and (c) and (2) to (7) and 106, comes into force by regulation of the Lieutenant Governor in Council.

(2) The definitions in section 1 of "gaming event", "licence", "lottery scheme" and "person", sections 30, 105 (1) (b) and (c) and (2) to (7) and 106 are deemed to have come into force on May 28, 1986 and are retroactive to the extent necessary to give them effect on and after that date.