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B.C. Reg. 208/2002
O.C. 645/2002
Deposited July 19, 2002
effective August 19, 2002

Gaming Control Act; Financial Administration Act

Gaming Control Regulation

Note: Check the Cumulative Regulation Bulletin 2015 and 2016
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 182/2016, July 19, 2016]

Link to Point in Time

Contents
Part 1 — Interpretation
1Definition
2Interpretation for the definition of "associate" in section 1 of the Act
2.1Prescribed class of gaming facility
3Additional classes of services included as gaming services
4Classes of gaming services providers excluded from definition in section 1 of Act
5Classes of gaming workers excluded from definition in section 1 of Act
6Additional classes of gaming supplies
7Classes of supplies, equipment and devices excluded from "gaming supplies" definition
8Definitions for the Act of "social occasion casino" and "immediately"
Part 2 — British Columbia Lottery Corporation
9Publication of minister's directives to lottery corporation
Part 3 — Gaming Facilities
10Definition for the Act of "adequate community input"
11Repealed
12Definition for the Act of "substantial change"
12.1Consultations respecting gaming facilities
12.2Filing of objections
13Requirements for local government or first nation approval of gaming facilities
13.1Limit on number of slot machines
14Time limit for delivery of results of non-binding dispute resolution proceedings
Part 4 — Publication of Directives
15Publication of minister's directives to general manager
15.1Publication of minister's directives to community gaming grants manager
16Publication of general manager's directives
Part 5 — Licensed Gaming
17Administrative fine limit — gaming event licensees
18Gaming event licence fees
Part 6 — Grants to Eligible Organizations
19Standards of eligibility for eligible organizations under Part 6 of the Act
Part 7 — Horse Racing
20Exemptions from licensing and registration requirements for types of horse racing
21Repealed
22Horse racing internal review fee
23Terms of licence
24Administrative fine limit — horse racing licensees
25Persons who may appoint racing officials
26Background investigations for horse racing personnel
Part 8 — Registration of Gaming Services Providers and Workers
27Background investigation for personnel
28Administrative fine limit — registrants
29Classes of registration established
30Information about registrants to be maintained by general manager
31Application and registration fees
31.1Service fees
32Refund of certain fees
33Repealed
34Conditions of registration for gaming services providers
35Conditions of registration for gaming workers
Part 9 — Gaming Supplies
36Identification of approved gaming supplies
Part 10 — Restricted Access to Gaming
37Licences that may contain conditions allowing for sale of lottery tickets to minors
38Minors allowed at gaming facilities or licensed gaming events
39Disqualification from participation in lottery schemes
40Horse racing wagering restrictions and disqualifications
Part 11 — Horse Race Betting Fees
41Repealed
42Reporting obligations of operators
43Prescribed organization

Part 1 — Interpretation

Definition

1  In this regulation, "Act" means the Gaming Control Act.

Interpretation for the definition of "associate" in section 1 of the Act

2  (1) For the purposes of the definition of "associate" in section 1 (1) of the Act, "interest", in relation to a licensee, registrant or applicant for a licence or registration, includes an interest

(a) as a participant in a revenue sharing agreement with the licensee, registrant or applicant, or

(b) as a supplier, other than the lottery corporation, an insurance company or savings institution, of credit, goods or services to whom the licensee, registrant or applicant is indebted, whether for money or anything of value, and whether the indebtedness is secured or unsecured.

(2) For the purposes of paragraph (a) of the definition of "associate" in section 1 (1) of the Act, the following classes of persons are prescribed as being included within that definition:

(a) security holders, comprised of persons who hold, directly or indirectly, shares or other securities issued by licensees, registrants or applicants for licences or registration if, in the case of indirect holders, the indirect interests are known or reasonably ought to be known to the licensees, registrants or applicants;

(b) holding entities, comprised of entities organized as holding corporations or partnerships, trust funds or income funds having investments in licensees, registrants or applicants for licences or registrations;

(c) beneficial interest holders, comprised of persons having beneficial interests

(i) in shares or other securities referred to in paragraph (a) that are held by other persons, or

(ii) in holding corporations or partnerships, trust funds or income funds referred to in paragraph (b)

if the beneficial interests of those persons are known or reasonably ought to be known to the licensees, registrants or applicants;

(d) contingent interest holders, comprised of persons entitled, on exercising warrants, share options or other rights, to acquire

(i) shares or other securities, or

(ii) beneficial interests in shares or other securities,

issued by licensees, registrants or applicants for licences or registrations, whether or not those warrants, options or rights may be exercised only after the fulfilment of a condition precedent, if the entitlements are known or reasonably ought to be known to the licensees, registrants or applicants;

(e) revenue sharers, comprised of participants in revenue sharing agreements with licensees, registrants or applicants for licences or registrations;

(f) suppliers, other than the lottery corporation, insurance companies or savings institutions, of credit, goods or services to whom licensees, registrants or applicants for licenses or registrations are indebted, whether for money or anything of value, and whether the indebtedness is secured or unsecured, if the indebtedness is for more than $50 000 or has been outstanding for more than 90 consecutive days;

(g) interested parties, comprised of persons who, in the opinion of the general manager, are parties to an agreement or arrangement the purpose of which is to require them to act in concert with respect to their direct or indirect interests in a gaming licensee, registrant or applicant.

[am. B.C. Regs. 280/2004, s. 1; 183/2006, s. 1.]

Prescribed class of gaming facility

2.1  For the purposes of the definition of "gaming facility" in section 1 of the Act, community gaming centers that are permanent facilities primarily for paper and electronic bingo games and other lottery schemes, but that also include at least one slot machine, are prescribed as a class of gaming facility.

[en. B.C. Reg. 183/2006, s. 2.]

Additional classes of services included as gaming services

3  The following classes of additional services are prescribed for the purposes of the definition of "gaming services" in section 1 of the Act as being included within that definition:

(a) ancillary services, comprised of services routinely provided in casino gaming facilities, commercial bingo halls and community gaming centres, including the following services that are so provided:

(i) building maintenance;

(ii) equipment maintenance;

(iii) janitorial;

(iv) retail;

(v) concession sales of food or other products or services;

(b) security services, comprised of security services, surveillance services or both provided at a gaming facility;

(c) automated banking services, comprised of automated banking services provided at a gaming facility by an institution that is not a savings institution;

(d) training services, comprised of training services provided to minors in the play of games of chance or of mixed skill and chance;

(e) promotional services, comprised of marketing, advertising or other promotional services provided at a gaming facility for commercial purposes.

[am. B.C. Regs. 181/2006; 183/2006, s. 3; 358/2010, Sch. s. 1.]

Classes of gaming services providers excluded from definition in section 1 of Act

4  The following classes of persons are excluded from the definition of "gaming services provider" in section 1 of the Act:

(a) government bodies, comprised of public bodies as defined in the Auditor General Act, that provide facilities for gaming;

(b) Repealed. [B.C. Reg. 358/2010, Sch. s. 2.]

(c) lottery ticket distributors, comprised of persons that contract with the lottery corporation to deliver lottery tickets and related equipment to lottery ticket retailers within British Columbia;

(d) hardware servicers, comprised of persons that service computer or telecommunications hardware to the lottery corporation or to lottery ticket retailers;

(e) gaming workers.

(f) Repealed. [B.C. Reg. 370/2007, s. 1 (b).]

[am. B.C. Regs. 262/2006, s. (a); 370/2007, s. 1; 358/2010, Sch. s. 2.]

Classes of gaming workers excluded from definition in section 1 of Act

5  (1) The following classes of individuals are excluded from the definition of "gaming worker" in section 1 of the Act:

(a) Repealed. [B.C. Reg. 280/2004, s. 2 (b).]

(b) lottery retailer employees, comprised of employees of lottery retailers, other than lottery retailer personnel described in subsection (2) (d);

(c) lottery ticket distributor employees, comprised of employees of lottery ticket distributors;

(d) hardware servicer employees, comprised of employees of hardware servicers;

(e) small raffle managers, comprised of individuals who manage ticket raffles for licensees, in which the total value of the tickets available for sale is less than $250 000;

(f) Repealed. [B.C. Reg. 370/2007, s. 2 (b).]

(g) volunteer bingo floorworkers, comprised of individuals who are volunteers at a bingo facility and who circulate among the players to provide services other than "gaming services" as defined in section 1 of the Act;

(h) concession workers, comprised of individuals who operate wheels of fortune under a gaming event licence.

(i) Repealed. [B.C. Reg. 370/2007, s. 2 (d).]

(2) The following classes of individuals are included in the definition of "gaming worker" in section 1 of the Act:

(a) race horse owners, comprised of persons who own a horse that is used for horse racing under Part 7 of the Act;

(b) class A licence managers, comprised of persons having managerial or financial responsibility for the operation or conduct of a gaming event authorized by a class A licence for which the projected gross revenue, specified in the licence, exceeds $250 000;

(c) horse racing personnel, comprised of persons who are required to be licensed by rules established under Part 7 of the Act;

(d) lottery retailer personnel, comprised of individuals who agree to assume managerial responsibility described in section 34 (2) (a) (i) and who are party to a valid and subsisting agreement with the lottery corporation regarding that responsibility;

(e) lottery corporation employees, comprised of all officials and employees of the lottery corporation;

(f) hospitality retailer personnel, comprised of individuals who agree to assume managerial responsibility described in section 34 (2) (b) (i) and who are party to a valid and subsisting agreement with the lottery corporation regarding that responsibility.

[am. B.C. Regs. 280/2004, s. 2; 183/2006, s. 4; 262/2006, s. (b); 282/2006; 42/2007; 370/2007, s. 2; 358/2010, Sch. s. 3.]

Additional classes of gaming supplies

6  The following classes of things supplied to gaming facilities or operated by the lottery corporation are prescribed for the purposes of the definition of "gaming supplies" in section 1 of the Act as being included within that definition:

(a) management systems, comprised of electronic gaming management systems;

(b) cash registers, comprised of cash registers that are part of bingo online gaming management systems, commonly known as "point of sale systems";

(c) verification systems, comprised of bingo or lottery scheme verification systems;

(d) gaming software, comprised of software used for gaming;

(e) network systems, comprised of computer-based hardware, software and interface elements that function as a delivery network for lottery schemes.

[am. B.C. Reg. 358/2010, Sch. s. 4.]

Classes of supplies, equipment and devices excluded from "gaming supplies" definition

7  (1) The following classes of things supplied to gaming facilities are excluded from the definition of "gaming supplies" in section 1 of the Act:

(a) gaming furnishings, comprised of furnishings that are not part of a lottery scheme or horse racing;

(b) Repealed. [B.C. Reg. 358/2010, Sch. s. 5.]

(c) non-electronic equipment, comprised of non-electronic equipment used for marking the position of a player's bet, other than value chips or slot tokens;

(d) player tracking systems, comprised of player tracking systems used solely for monitoring player spending and player preferences;

(e) cash registers, comprised of cash registers that are not part of an online bingo management system;

(f) federally regulated horse racing supplies, comprised of gaming supplies if they are used in connection with horse racing and are subject to federal regulation;

(g) Repealed. [B.C. Reg. 280/2004, s. 3 (b).]

(h) out of Province only sales, comprised of those supplies that are made, sold, advertised, or distributed only for sale outside of British Columbia.

(i) Repealed. [B.C. Reg. 280/2004, s. 3 (b).]

(2) The following classes of things supplied for licensed gaming events are excluded from the definition of "gaming supplies" in section 1 of the Act:

(a) raffle tickets, comprised of tickets used in conjunction with licensed gaming events;

(b) supplies sold only to gaming licensees, comprised of those supplies that are made, sold, advertised or distributed only for the purpose of sale to gaming licensees;

(c) non-electronic licensed gaming equipment, comprised of non-electronic gaming equipment used for licensed gaming events.

[am. B.C. Regs. 60/2003, s. 1; 280/2004, s. 3; 358/2010, Sch. s. 5.]

Definitions for the Act of "social occasion casino" and "immediately"

8  (1) For the purposes of the definition of "casino gaming" in section 1 of the Act, "social occasion casino" means one or more casino games that are offered in conjunction with a social event.

(2) For the purposes of sections 86, 91 and 92 of the Act, "immediately" means without delay.

[am. B.C. Regs. 180/2006; 183/2006, s. 5.]

Part 2 — British Columbia Lottery Corporation

Publication of minister's directives to lottery corporation

9  Written directives issued under section 6 (1) of the Act to the lottery corporation by the minister must be published by the general manager

(a) in one issue of the Gazette, and

(b) on the branch's website over a period of at least 12 months.

Part 3 — Gaming Facilities

Definition for the Act of "adequate community input"

10  The expression "adequate community input", used in section 19 (2) of the Act, means comments, information and representations received, from persons who reside in the community or are representative of organizations in the community, by the host local government, after the host local government has both

(a) given public notice within the community about the proposal and the particulars of the proposal, and

(b) provided an opportunity for the residents and representatives to provide comments, information and representations concerning the proposal, in the form of

(i) one or more public hearings or public meetings,

(ii) a referendum of the residents, or

(iii) an alternative form of opportunity, if any, approved in writing by the general manager.

[en. B.C. Reg. 183/2006, s. 6.]

Repealed

11  Repealed. [B.C. Reg. 183/2006, s. 7.]

Definition for the Act of "substantial change"

12  For the purposes of the Act, "substantial change", in relation to the type or extent of lottery schemes or horse racing at a gaming facility includes

(a) Repealed. [B.C. Reg. 60/2003, s. 2.]

(b) adding bingo events at the gaming facility if bingo events are not currently conducted there,

(c) adding casino gaming at a gaming facility if casino gaming is not currently conducted there, and

(d) adding horse racing, other than teletheatres, at a gaming facility if horse racing is not currently conducted there.

(e) Repealed. [B.C. Reg. 301/2009, s. (a).]

(f) Repealed. [B.C. Reg. 60/2003, s. 2.]

[am. B.C. Regs. 60/2003, s. 2; 183/2006, s. 8; 301/2009 (a).]

Consultations respecting gaming facilities

12.1  (1) In this section:

"highway" means highway as defined in section 1 of the Transportation Act;

"proposed decision" means a proposed decision by the lottery corporation under section 18 of the Act 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.

(2) Before a host local government approves under section 19 (1) (a) of the Act a proposed decision, for the purpose of conducting the consultations referred to in section 19 (1) (b) of the Act the host local government must

(a) notify, in writing, the potentially affected local governments regarding the proposed decision, and

(b) provide the lottery corporation with a copy of each notice provided under paragraph (a).

(3) A notice under subsection (2) must

(a) provide information about the proposed decision, including the location and type of the gaming facility or of the proposed gaming facility, and any other general information that, in the opinion of the host local government, would facilitate the notice recipient's consideration of the proposed decision, and

(b) advise that the notice recipient may provide, within 30 days after the day the notice is received, written comments regarding the proposed decision and that those comments must be confined to the matters set out in subsection (5).

(4) A potentially affected local government that receives a notice under subsection (2) may provide, within 30 days after the date the notice was received, its written comments to the host local government regarding the proposed decision.

(5) Comments provided under subsection (4) must be confined to the following matters:

(a) infrastructure or policing costs;

(b) traffic and highway use.

(6) Subject to subsection (7), the host local government must consider written comments provided under subsection (4) that are confined to the matters set out in subsection (5) and, if requested by the sender of those comments, must provide a written reply to them.

(7) If a potentially affected local government that receives a notice under subsection (2) does not provide written comments under subsection (4), the host local government may proceed on the basis that consultations with that municipality, regional district or first nation have taken place and are concluded.

(8) A host local government must notify, in writing, each potentially affected local government to which it sent a notice under subsection (2) of its decision whether or not to approve the proposed decision.

(9) If a notice under subsection (2) or (8) is sent by ordinary mail, it must be sent to the most recent address known to the sender and is deemed to be received

(a) on the fifth day after the day it is mailed, or

(b) if that day is a Saturday or holiday, on the next day that is not a holiday.

(10) If a notice under subsection (2) or (8) is sent by electronic transmission, it is deemed to be received

(a) on the day it was sent, or

(b) if that day is a Saturday or holiday, on the next day that is not a holiday.

(11) The distance prescribed for the purposes of the definition of "potentially affected local government" in section 17.1 of the Act is 5 km from the perimeter of the gaming facility or proposed gaming facility.

[en. B.C. Reg. 280/2004, s. 5; am. B.C. Regs. 183/2006, s. 9; 122/2007.]

Filing of objections

12.2  An objection under section 21 (1) of the Act must be filed within 10 days after the date the notice under section 12.1 (8) was received.

[en. B.C. Reg. 280/2004, s. 5.]

Requirements for local government or first nation approval of gaming facilities

13  The approval that may be granted under section 19 (1) (a) of the Act by the host local government must

(a) be in the form of a resolution or of a letter on the official letterhead of the host local government and delivered in duplicate to

(i) the lottery corporation, and

(ii) the general manager,

(b) specify the effective date of the approval, if different from the date of the resolution or letter,

(c) be executed by the duly authorized official or officials of the host local government,

(d) identify the potentially affected local governments that have been consulted,

(e) Repealed. [B.C. Reg. 280/2004, s. 6 (b).]

(f) summarize the outcome of the consultations, and

(g) confirm the manner in which it obtained community input.

[am. B.C. Regs. 280/2004, s. 6; 183/2006, s. 10.]

Limit on number of slot machines

13.1  The lottery corporation must get approval from the host local government before increasing the number of slot machines at a gaming facility beyond a maximum limit presently established by that host local government in a form referred to in section 13 (a).

[en. B.C. Reg. 183/2006, s. 11.]

Time limit for delivery of results of non-binding dispute resolution proceedings

14  For the purpose of section 21 (3) (a) of the Act, the prescribed period is 60 days.

Part 4 — Publication of Directives

Publication of minister's directives to general manager

15  Written directives issued under section 26 (1) of the Act to the general manager by the minister must be published by the general manager

(a) in one issue of the Gazette, and

(b) on the branch's website over a period of at least 12 months.

Publication of minister's directives to community gaming grants manager

15.1  Written directives issued under section 40.2 (3) of the Act to the community gaming grants manager by the minister must be published by the community gaming grants manager on the ministry's website over a period of at least 12 months.

[en. B.C. Reg. 156/2012, s. 2.]

Publication of general manager's directives

16  Written directives issued under section 28 (1) of the Act to the branch, the lottery corporation or both must be published by the general manager

(a) in one issue of the Gazette, and

(b) on the branch's website over a period of at least 12 months.

Part 5 — Licensed Gaming

Administrative fine limit — gaming event licensees

17  An administrative fine imposed under section 37 (1) (b) of the Act by the general manager on a gaming event licensee must not exceed $5 000.

Gaming event licence fees

18  (1) In this section:

"applicant" does not include an applicant gaming worker who is a minor;

"class A licence" means a gaming event licence issued under Part 5 of the Act which licence authorizes the licensee to conduct, manage and operate a lottery scheme referred to in section 207 (1) (b) of the Criminal Code for which the projected gross revenue, specified in the licence, exceeds $20 000;

"class B licence" means a gaming event licence issued under Part 5 of the Act which licence authorizes the licensee to conduct, manage and operate

(a) a lottery scheme referred to in section 207 (1) (b) of the Criminal Code for which the projected gross revenue, specified in the licence, does not exceed $20 000, or

(b) a lottery scheme referred to in section 207 (1) (d) of the Criminal Code;

"class C licence" means a gaming event licence issued under Part 5 of the Act which licence authorizes the licensee to conduct, manage and operate a lottery scheme referred to in section 207 (1) (c) of the Criminal Code;

"class D licence" means a gaming event licence issued under Part 5 of the Act which licence authorizes the licensee to conduct, manage and operate a lottery scheme referred to in section 207 (1) (d) of the Criminal Code;

"general manager", in relation to a decision under Part 5 of the Act, includes an individual to whom the general manager, under section 24 (3) of the Act, has delegated powers and duties relevant to the decision.

(2) At the time of application for a licence the applicant must pay to the branch

(a) for a Class A licence an application fee of $50,

(b) for a Class B licence an application fee of $25,

(c) for a Class C licence an application fee that is the sum of the following amounts:

(i) $150 for the first or only game authorized under the licence;

(ii) $50 for each additional game authorized under the licence;

(iii) $25 for each operator listed in the licence, and

(d) for a class D licence an application fee of $10.

(3) Under a directive made by the Minister of Finance under section 47 of the Financial Administration Act there is a fee of $500, as set out in that directive, for an internal review of a decision of the general manager in the circumstances described in that directive.

(4) Remission under section 19 of the Financial Administration Act is hereby authorized of an internal review fee paid under the directive referred to in subsection (3) by a person who requested the review and who, on completion of the review, obtained a decision that was

(a) different than the decision reviewed, and

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

[am. B.C. Reg. 182/2006.]

Part 6 — Grants to Eligible Organizations

Standards of eligibility for eligible organizations under Part 6 of the Act

19  The prescribed standards of eligibility for an organization referred to in section 41 of the Act are that the organization

(a) must

(i) be a not-for-profit organization whose members, officers and directors do not receive remuneration from it in their capacity as members, officers or directors,

(ii) operate and provide programs of community benefit, that are inclusive and accessible,

(iii) have a voluntary and broadly based membership,

(iv) deliver programs established and maintained by volunteers, and

(v) have at least 2/3 of its board members residing in British Columbia,

(b) must be an association that

(i) is comprised only of organizations that meet the standards of eligibility under paragraph (a), and

(ii) complies with the conditions, if any, that the community gaming grants manager considers appropriate in the circumstances, or

(c) must

(i) be a not-for-profit organization that meets the eligibility requirements established by the community gaming grants manager,

(ii) provide programs of community benefit that are inclusive and accessible, and

(iii) comply with the conditions, if any, that the community gaming grants manager considers appropriate in the circumstances.

[en. B.C. Reg. 60/2003, s. 4; am. B.C. Regs. 190/2009; 156/2012, s. 3.]

Part 7 — Horse Racing

Exemptions from licensing and registration requirements for types of horse racing

20  (1) The following types of horse racing are prescribed as exempted types to which section 45 of the Act does not apply:

(a) barrel racing, comprised of horse racing in which mounted horses run around a pattern of barrels;

(b) chariot racing, comprised of horse racing in which chariots and drivers are drawn by horses over a distance or around a pattern;

(c) chuckwagon racing, comprised of horse racing in which chuckwagons and drivers are drawn by horses around a pattern of barrels and may be accompanied by mounted outriders;

(d) endurance racing, comprised of horse racing in which mounted horses run distances of 20 miles or more;

(e) exhibition racing, comprised of horse racing conducted for non-competitive, promotional purposes;

(f) gymkhana racing, comprised of horse racing in which mounted horses run a series of barrel, keyhole, flag or other similar racing events;

(g) Roman racing, comprised of horse racing in which horses are ridden by persons who stand with one foot on each of two horses.

(2) An exemption under subsection (1) is inapplicable if pari-mutuel betting, as regulated by the Criminal Code, takes place at the event.

Repealed

21  Repealed. [B.C. Reg. 60/2003, s. 5.]

Horse racing internal review fee

22  (1) In this section "general manager", in relation to a decision under Part 7 of the Act, includes an individual to whom the general manager, under section 24 (3) of the Act, has delegated powers and duties relevant to the decision.

(2) If an internal review of a decision of the general manager under Part 7 of the Act is required by a provision of Part 7 of the Act, or is permitted or required under the rules made under section 53 of the Act, the person requesting the internal review must pay an internal review fee of $500 at the time of the request.

(3) Remission under section 19 of the Financial Administration Act is hereby authorized of an internal review fee paid under subsection (3) by a person who requested the review and who, on completion of the review, obtained a decision that was

(a) different than the decision reviewed, and

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

Terms of licence

23  (1) The term of a horse racing licence for individuals that are gaming workers must not exceed 3 years and for persons who are gaming service providers must not exceed 5 years.

(2) A horse racing licence for an individual who is a gaming worker, other than a gaming worker who is an owner of a race horse, automatically expires on the day the individual ceases to be a gaming worker.

[en. B.C. Reg. 280/2004, s. 8.]

Administrative fine limit — horse racing licensees

24  An administrative fine imposed under section 51 (2) (c) of the Act on a horse racing licensee must not exceed $5 000.

Persons who may appoint racing officials

25  The general manager and the director of racing for the branch are designated as the persons who may

(a) appoint the race track officials, designated race horse training centre officials and employees referred to in section 54 (2) (i) of the Act, and

(b) compel the discharge for cause of those race track officials, designated race horse training centre officials or employees.

Background investigations for horse racing personnel

26  For the purposes of section 55 (b) of the Act, the following categories of persons are prescribed:

(a) director of racing, comprised of the employee in the branch who holds the position of director of horse racing;

(b) steward, comprised of individuals who are stewards at race meetings;

(c) judge, comprised of individuals who are judges at race meetings;

(d) inspector, comprised of personnel whose duties include inspection and testing functions at race meetings.

Part 8 — Registration of Gaming Services Providers and Workers

Background investigation for personnel

27  The following categories of persons are prescribed for the purposes of section 55 (b) of the Act:

(a) branch employees, comprised of all employees of the branch;

(b) lottery corporation employees, comprised of all officials and employees of the lottery corporation.

[en. B.C. Reg. 370/2007, s. 3.]

Administrative fine limit — registrants

28  An administrative fine imposed under section 69 (2) of the Act on a registrant must not exceed

(a) $20 000 if the registrant is a gaming services provider, or

(b) $5 000 if the registrant is a gaming worker.

Classes of registration established

29  (1) The following classes of registration as gaming services providers are established:

(a) class A casino services providers, comprised of gaming services providers that provide casino gaming services at a gaming facility that contains 800 or more slot machines;

(b) class B casino services providers, comprised of gaming services providers that provide casino gaming services at a gaming facility that contains 500 to 799 slot machines;

(b.1) class C casino services providers, comprised of gaming services providers that provide services at a gaming facility that contains fewer than 500 slot machines;

(c) class A bingo services providers, comprised of gaming services providers that provide bingo gaming services at a gaming facility with respect to which the lottery corporation has paid gross remuneration that exceeded $1 000 000 in the most recently completed financial year of the services provider;

(d) class B bingo services providers, comprised of gaming services providers that provide bingo gaming services at a gaming facility with respect to which the lottery corporation has paid gross remuneration that did not exceed $1 000 000 in the most recently completed financial year of the services provider;

(e) community gaming centre services providers, comprised of gaming services providers that provide gaming services at a community gaming centre;

(f) class A suppliers, comprised of gaming services providers that manufacture slot machines or that manufacture and distribute slot machines;

(g) class B suppliers, comprised of gaming services providers that carry out one or more of the activities described in paragraph (b) of the definition of "gaming services provider" for remuneration of a total value exceeding $25 000 during the most recent 12 month period, including the value of gaming supplies supplied by associates of the person;

(h) class C suppliers, comprised of gaming services providers that carry out one or more of the activities described in paragraph (b) of the definition of "gaming services provider" for remuneration of a total value that does not exceed $25 000 during the most recent 12 month period, including the value of gaming supplies supplied by associates of the person;

(i) other gaming services providers, comprised of gaming services providers that carry out one or more of the activities described in paragraph (a) or (c) of the definition of "gaming services provider";

(j) horse racing operators, comprised of gaming services providers that provide gaming services at a race track for horse racing at which there are 50 or more race days per year;

(k) seasonal horse racing operators, comprised of gaming services providers that provide gaming services at a race track for horse racing at which there are fewer than 50 race days per year;

(l) horse racing teletheatre operators, comprised of licensed or contracted gaming services providers that provide gaming services at horse racing teletheatres;

(m) security services providers, comprised of gaming services providers that provide security services, surveillance services or both at a gaming facility;

(n) concessionaire games operators, comprised of gaming services providers that provide gaming services at licensed gaming events;

(o) ticket rafflers, comprised of gaming services providers that run ticket raffles;

(p) social occasion casino operators, comprised of gaming services providers that provide casino gaming services at licensed gaming events;

(q) gaming lessors, comprised of gaming services providers that, as lessors, provide to other gaming services providers premises to be used as facilities for gaming;

(r) ancillary services providers, comprised of gaming services providers that provide ancillary services as prescribed under section 3 (a);

(s) automated banking services providers, comprised of gaming services providers that provide automated banking services as prescribed in section 3 (c) of this regulation;

(t) lottery retailers, comprised of gaming services providers that contract with the lottery corporation to sell lottery tickets in a site to which access by minors is not restricted, but not to offer or provide any other type of provincial gaming at the site;

(u) class A hospitality retailers, comprised of gaming services providers that contract with the lottery corporation to sell lottery tickets in site to which access by minors is restricted and in respect of which there is a valid and subsisting liquor primary licence under the Liquor Control and Licensing Act, but not to offer or provide any other type of provincial gaming at the site;

(v) class B hospitality retailers, comprised of gaming services providers that contract with the lottery corporation to sell lottery tickets, to provide other types of provincial gaming or to do both in sites to which access by minors is restricted and in respect of which there is a valid and subsisting liquor primary licence under the Liquor Control and Licensing Act.

(2) The following classes of registration as gaming workers are established:

(a) senior employees, comprised of each individual who

(i) is a gaming control manager, security services provider at a gaming facility or program manager reporting directly to an individual in the senior officials class, or

(ii) performs functions of the gaming services provider similar to those normally performed by an individual occupying any of the positions described in subparagraph (i);

(b) race horse owners, comprised of persons who own a horse that is used for horse racing under Part 7 of the Act;

(c) class A licence managers, comprised of persons having managerial or financial responsibility for the operation or conduct of a gaming event authorized by a class A licence for which the projected gross revenue, specified in the licence, exceeds $250 000;

(d) senior officials, comprised of each of the 5 highest paid officers of a gaming services provider and each individual who, whether or not among those 5 highest paid officers,

(i) is the chair or a vice chair of the board of directors or the president, a vice president, the secretary, the treasurer or the general manager of the gaming services provider, or

(ii) performs functions of the gaming services provider similar to those normally performed by an individual occupying any of the offices described in subparagraph (i);

(e) lottery corporation officials, comprised of individuals appointed or employed in senior capacities with the lottery corporation;

(f) lottery corporation employees, comprised of individuals who are officials or employees of the lottery corporation;

(g) horse racing personnel, comprised of persons who are required to be licensed by rules established under Part 7 of the Act;

(h) other employees, comprised of individuals who are gaming workers but who are not in any of the other classes set out in this subsection;

(i) lottery retailer personnel, comprised of gaming workers described in section 5 (2) (d) [classes of gaming workers excluded from and included in definition in section 1 of Act];

(j) hospitality retailer personnel, comprised of gaming workers described in section 5 (2) (f).

[am. B.C. Regs. 280/2004, s. 9; 183/2006, s. 13; 74/2007, s. 1; 370/2007, s. 4; 358/2010, Sch. s. 6; 386/2010, s. (a).]

Information about registrants to be maintained by general manager

30  (1) The register maintained under section 56 of the Act must include the following as public information for persons registered as gaming services providers:

(a) name of registrant;

(b) registration number;

(c) registrant's business address;

(d) location of any gaming premises operated by the registrant;

(e) status of registration;

(f) expiry date of registration.

(2) The register maintained under section 56 of the Act must include the following as public information for persons registered as gaming workers:

(a) name of registrant;

(b) name and business address of the registered gaming services provider for which the registrant is a gaming worker;

(c) registration number;

(d) status of registration;

(e) expiry date of registration.

Application and registration fees

31  (1) In this section, "applicant" does not include an applicant gaming worker who is a minor.

(2) At the time of application for registration, the applicant must pay to the branch, for registration in any of the classes of gaming services providers set out in any of paragraphs (a) to (v) of this subsection, the application fee specified in that paragraph, plus $250 for a background investigation, if any, to be carried out in assessing the application as it relates to an associate:

(a) class A casino services providers, $100 000 per gaming facility;

(b) class B casino services providers, $50 000 per gaming facility;

(b.1) class C casino services providers, $25 000 per gaming facility;

(c) class A bingo services providers, $2 000 per gaming facility;

(d) class B bingo services providers, $1 000 per gaming facility;

(e) community gaming centre services providers, $10 000 per gaming facility;

(f) class A suppliers, $20 000;

(g) class B suppliers, $5 000;

(h) class C suppliers, $1 000;

(i) other gaming services providers, $1 000;

(j) horse racing operators, $5 000 per gaming facility;

(k) seasonal horse racing operators, $100 per gaming facility;

(l) horse racing teletheatre operators who are licensed gaming services providers, $1 000;

(l.1) horse racing teletheatre operators who are contracted gaming services providers, $250;

(m) security services providers, $1 000;

(n) concessionaire games operators, $1 000;

(o) ticket rafflers, $1 000;

(p) social occasion casino operators, $1 000;

(q) gaming lessors, $250;

(r) ancillary services providers, $250;

(s) automated banking services providers, $250;

(t) lottery retailers, $45 per lottery retail site operated by the retailer;

(u) class A hospitality retailers, $45 per hospitality retail site operated by the retailer;

(v) class B hospitality retailers, $45 per hospitality retail site operated by the retailer.

(2.1) An applicant for a class registration under subsection (1) (t), (u) or (v) who operates only one retail site for which the application applies is exempt from the per site fee set out in subsection (1) (t), (u) or (v), as the case may be.

(3) A person registered in any of the classes of registration referred to in subsection (2) (a) to (v) must pay to the branch, on every anniversary date of the person's registration, a registration fee equal to the application fee the person would have paid under subsection (2) had the person been an applicant.

(4) At the time of application for registration the applicant must pay to the branch, for registration in any of the classes of gaming workers set out in any of paragraphs (a) to (d) of this subsection, the application fee specified in that paragraph:

(a) senior officials, $250;

(b) senior employees, $250;

(c) class A licence managers, lottery retailer personnel, hospitality retailer personnel and other employees, $45;

(d) race horse owners and horse racing personnel, $30.

(5) A person registered in a class of registration referred to in subsection (4) (a) or (b) must pay to the branch, on every anniversary date of the person's registration, a registration fee equal to the application fee the person would have paid under subsection (4) had the person been an applicant.

[am. B.C. Regs. 280/2004, s. 10; 183/2006, s. 14; 74/2007, s. 2; 358/2010, Sch. s. 7; 386/2010, s. (b).]

Service fees

31.1  A registrant must pay to the branch, for the service set out in any of paragraphs (a) to (b), the service fee specified in that paragraph:

(a) replacement of identification card, $25;

(b) replacement of certificate of registration, $50.

[en. B.C. Reg. 74/2007, s. 3.]

Refund of certain fees

32  (1) In this section, "general manager", in relation to a decision under Part 7 or Part 8 of the Act, includes an individual to whom the general manager, under section 24 (3) of the Act, has delegated powers and duties relevant to the decision.

(2) Subsection (5) applies if

(a) a person requests an internal review of a decision referred to in section 25 (4) of the Act in relation to a horse racing licence or any other decision of the general manager under Part 7 of the Act, and

(b) 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.

(3) Subsection (5) applies if

(a) a person requests an internal review of a decision referred to in section 25 (4) of the Act in relation to a licence, registration or application referred to in section 105 (1) (c) or (d) of the Act, and

(b) 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.

(4) A person who requests an internal review of a decision referred to in subsection (2) (a) or (3) (a) must pay a fee of $500 on making the request.

(5) A person who obtains a decision described in subsection (2) (b) or (3) (b) may request a refund of the fee imposed under subsection (4) for requesting the internal review and the branch must, on that request, refund to the person the amount of that fee.

[am. B.C. Reg. 358/2010, Sch. s. 8.]

Repealed

33  Repealed. [B.C. Reg. 183/2006, s. 15.]

Conditions of registration for gaming services providers

34  (1) Subject to subsection (2), it is a condition of registration of a gaming services provider that it must

(a) submit to and co-operate in background investigations, including interviews at the request of the general manager, conducted under the Act,

(b) ensure that an individual appointed or employed by the gaming services provider is registered as a gaming worker in the appropriate class of gaming workers if the person is a person who must be so registered,

(c) if the provider is a casino services provider, a bingo services provider or a community gaming centre services provider, be a party to a valid and subsisting agreement with the lottery corporation regarding the provision of gaming services,

(d) ensure that a person that is, under the definition of "associate" in section 1 (1) of the Act, an associate of the gaming services provider is approved by the general manager as required under the Act,

(e) ensure that minors are not present at a gaming facility or at a licensed gaming event that the gaming services provider operates, unless the presence of minors is allowed under section 38,

(f) obey the standard operating procedures and rules of play that are

(i) established by the general manager or the lottery corporation, and

(ii) relevant to the type of gaming pertinent to the registration,

(g) obey all applicable public interest standards established by the general manager under section 27 (2) of the Act,

(h) comply with section 77 (1) of the Act,

(i) post in public view in any gaming facility the gaming services provider operates the certificate of registration for that facility,

(j) sell lottery tickets to minors only in the circumstances set out in section 37 (a) and allow a minor to sell raffle tickets on its behalf only in the circumstances set out in section 37 (b),

(k) retain in the gaming facility all official identification cards issued to gaming workers who are employees for that facility and who are off duty,

(l) not contravene section 87 (a) (i) or (b) of the Act and ensure that an individual appointed or employed by the gaming services provider does not contravene that section,

(m) immediately report to the general manager any civil litigation, criminal or regulatory investigation or other legal proceeding involving the gaming services provider, whether commenced by the gaming services provider or by another person and whether in British Columbia or another jurisdiction,

(n) immediately report to the general manager a suspension, cancellation or refusal of licensing, registration or renewal, in another jurisdiction, of the gaming services provider or of any officer, director or associate of the gaming services provider,

(o) disclose to the general manager the identity of any creditor to whom indebtedness previously reported is no longer owed by the gaming services provider,

(p) report to the general manager all of the following:

(i) any new creditor and the amounts and terms of the indebtedness to that creditor;

(ii) any default to a creditor;

(iii) any renegotiation of indebtedness to a creditor and the amounts and terms of the indebtedness to that creditor,

(q) if a reporting company, provide to the general manager, at the time of issue, copies of all

(i) press releases, and

(ii) other records

that the gaming services provider is required to file with the securities and exchange commission or a similar authority in the jurisdiction of record for the gaming services provider,

(r) within 30 days after the expiry of a month in which one or more registered employees ceased employment with the gaming services provider, submit to the general manager

(i) a list of those former employees for that month, and

(ii) if applicable, the official identification cards of those former employees,

(s) report to the general manager any change in the gaming services provider's name or address,

(t) unless the gaming services provider is a lottery retailer to which subsection (2) (a) applies or is a hospitality retailer to which subsection (2) (b) applies, immediately report to the general manager any conduct or activity at or near a gaming facility that is or may be contrary to the Criminal Code, the Act or any regulation under the Act.

(2) In addition to the conditions of registration set out in subsection (1),

(a) it is a condition of the registration of a lottery retailer described in section 29 (1) (t) [classes of registration established] that it must

(i) appoint, designate or have in its employ an individual who assumes managerial responsibility for those retail sites operated by the lottery retailer in which lottery tickets are sold,

(ii) ensure that the individual referred to in subparagraph (i) is registered as a gaming worker in the class of registration established in section 29 (2) (i),

(iii) be a party to a valid and subsisting agreement with the lottery corporation regarding the provision of such gaming services,

(iv) post in public view in those retail sites operated by the lottery retailer the certificate of registration for that site,

(v) if any of the following occur in respect of the individual referred to in subparagraph (i), report the matter immediately to the general manager:

(A) the appointment or designation of the individual ends;

(B) the individual ceases to be employed by the lottery retailer;

(C) the individual is reassigned to retail sites other than those for which the certificate of registration applies;

(D) the individual is otherwise unable to fulfill managerial responsibility for a retail site to which the certificate of registration applies, and

(vi) comply with section 86 of the Act, and

(b) it is a condition of the registration of a hospitality retailer described in section 29 (1) (u) or (v)[classes of registration established] that it must

(i) appoint, designate or have in its employ an individual who assumes managerial responsibility for those hospitality retail sites operated by the hospitality retailer in which lottery tickets are sold or other types of provincial gaming are offered or provided,

(ii) ensure that the individual referred to in subparagraph (i) is registered as a gaming worker in the class of registration established in section 29 (2) (j),

(iii) be a party to a valid and subsisting agreement with the lottery corporation regarding the provision of such gaming services,

(iv) post in public view in those hospitality retail sites operated by the hospitality retailer the certificate of registration for that site,

(v) if any of the following occur in respect of the individual referred to in subparagraph (i), report the matter immediately to the general manager:

(A) the appointment or designation of the individual ends;

(B) the individual ceases to be employed by the hospitality retailer;

(C) the individual is reassigned to retail sites other than those for which the certificate of registration applies;

(D) the individual is otherwise unable to fulfill managerial responsibility for a retail site to which the certificate of registration applies, and

(vi) comply with section 86 of the Act.

[en. B.C. Reg. 358/2010, Sch. s. 9.]

Conditions of registration for gaming workers

35  It is a condition of the registration of a gaming worker that

(a) he or she must submit to and co-operate in background investigations, including interviews at the request of the general manager, conducted under the Act,

(b) he or she must obey the standard operating procedures and rules of play that are

(i) established by the general manager or the lottery corporation, and

(ii) relevant to the type of gaming pertinent to the registration,

(b.1) he or she must immediately report to the general manager

(i) the loss of his or her official identification card,

(ii) a change of his or her name, and

(iii) any criminal charges or criminal investigation involving the gaming worker, or any civil litigation in which there are allegations of fraud, theft, deceit or misrepresentation involving the gaming worker.

(b.2) he or she remains employed as a gaming worker,

(c) if his or her duties pertain to security or surveillance at a gaming facility, produce for inspection his or her official identification at the request of an inspector, an investigator of the branch, an onsite gaming official of the lottery corporation or a police officer, and

(d) if his or her duties do not pertain to security or surveillance at a gaming facility, wear or display official identification in a manner clearly visible to the public, while on duty at a gaming facility.

[am. B.C. Reg. 280/2004, s. 13.]

Part 9 — Gaming Supplies

Identification of approved gaming supplies

36  For the purposes of section 95 (c) of the Act, gaming supplies that have been approved, individually or according to type, by the general manager must be identified by means of

(a) a decal issued by the branch, attached to the gaming supplies, and

(b) certifying that the equipment has been approved by the general manager and meets the technical integrity standards required.

Part 10 — Restricted Access to Gaming

Licences that may contain conditions allowing for sale of lottery tickets to minors

37  It is a condition of a gaming licence of class B that its holder may

(a) sell lottery tickets to minors only if

(i) the minor is 13 years of age or older, or

(ii) accompanied by an adult who is apparently the minor's parent or guardian and who consents to the sale, and

(b) allow a minor to sell raffle tickets on the holder's behalf, at not more than $5 a ticket, if the minor does so only as a volunteer.

Minors allowed at gaming facilities or licensed gaming events

38  The presence of a minor is allowed

(a) at a race track for horse racing if the minor

(i) is a horse racing licensee carrying out activities described in section 45 (2) of the Act,

(ii) is carrying out the duties of his or her employment as an exercise rider, groom or hot-walker at a race track,

(iii) is an employee carrying out the duties of his or her employment at the race track, other than as a gaming worker, and is under the supervision of his or her employer,

(iv) is under the supervision of his or her parent or guardian, or

(v) is present for the purpose of watching horse races, is not participating in gaming and does not have access to any part of the gaming facility in which horses are kept or trained,

(b) Repealed. [B.C. Reg. 183/2006, s. 17.]

(c) at a licensed bingo gaming event or licensed ticket raffle if the minor

(i) is under the supervision of his or her parent or guardian, or

(ii) is an employee carrying out the duties of his or her employment at the bingo facility or ticket raffle, other than as a gaming worker, and is under the supervision of his or her employer, and

(d) on the premises of a horse racing teletheatre if all of the following apply:

(i) the horse racing teletheatre is the only gaming facility on the premises;

(ii) a liquor primary licence has been issued in respect of the premises under section 8 of the Liquor Control and Licensing Regulation;

(iii) the minor is allowed to be on the premises

(A) under section 9 (1) (a) (iv) of the Liquor Control and Licensing Regulation, or

(B) under section 9 (1) (a) (v) of the Liquor Control and Licensing Regulation, if minors are otherwise allowed to be on the premises under section 9 (1) (a) (iv) of that regulation;

(iv) the minor,

(A) in the circumstances referred to in subparagraph (iii) (A), is under the supervision of his or her parent or guardian, or

(B) in the circumstances referred to in subparagraph (iii) (B), is an employee carrying out the duties of his or her employment at the premises, other than as a gaming worker, and is under the supervision of his or her employer.

[am. B.C. Regs. 183/2006, s. 17; 182/2016.]

Disqualification from participation in lottery schemes

39  (1) The following persons are disqualified from participation in lottery schemes:

(a) a gaming services provider at any gaming facility at which the gaming services provider provides gaming services;

(b) a gaming worker at any gaming facility at which his or her employer provides gaming services;

(c) and (d) Repealed. [B.C. Reg. 183/2006, s. 18 (d).]

(2) Despite subsection (1) (b), a gaming worker

(a) is not disqualified from purchasing lottery tickets, and

(b) is not disqualified from participation in bingo gaming during times when he or she is not required to carry out the duties of his or her employment.

[am. B.C. Reg. 183/2006, s. 18.]

Horse racing wagering restrictions and disqualifications

40  (1) While serving in an official capacity every horse racing official and every assistant to a horse racing official must not wager directly or indirectly on the outcome of a horse race.

(2) An owner, trainer, or other person that has an interest in a horse running in any horse race must not

(a) bet on the race, or

(b) cause another person to bet on the race on behalf of the owner, trainer, or other person

unless

(c) the bet is that the horse will win, place or show, or

(d) both of the following conditions are met:

(i) the bet is in an exactor, quinella, triactor or superfecta betting pool;

(ii) the horse is

(A) selected in the win, place or show position,

(B) included in all combinations on each betting ticket,

(C) bet on in an amount equal to the amounts of the bets the owner, trainer or other person makes on the horses that are in the race and that are horses in which the owner, trainer, or other person has no interest.

(3) An owner, trainer, or other person that has an interest in one or more horses running in any race as part of a feature betting pool, requiring the selection of the winner in more than one race, must not bet in that pool unless

(a) in each race in which the owner, trainer or other person has an interest in only one horse, the bet is on that horse only, or

(b) in each race in which the owner, trainer or other person has an interest in 2 or more horses, the bet is on those horses only.

(4) A jockey must not wager on a horse race in which he or she is riding unless

(a) the owner or trainer of the horse makes the wager for the jockey, and

(b) the wager is on the jockey's mount to win.

(5) A driver must not wager on a horse race in which he or she is driving unless

(a) if the driver

(i) is not the owner or trainer of the horse, the owner or trainer makes the wager for the driver, or

(ii) if the driver is the owner or trainer of the horse, a licensed delegate of the driver makes the wager for the driver, and

(b) the wager is on the driver's horse to win.

(6) A jockey referred to in subsection (4) and a driver referred to in subsection (5) must ensure that a record of a wager referred to in subsection (4) or (5), as the case may be, is kept available for presentation on request to the stewards or judges.

Part 11 — Horse Race Betting Fees

Repealed

41  Repealed. [B.C. Reg. 358/2010, Sch. s. 10.]

Reporting obligations of operators

42  Operators collecting horse race betting fees must, under section 17 (1) (c) of the Act, pay the fees collected to the government on or before the last day of the first week of each month for each preceding month, together with a report of all money deposited, bets made and fees collected for that period.

[en. B.C. Reg. 59/2003, Sch; am. B.C. Reg. 358/2010, Sch. s. 11.]

Prescribed organization

43  The Great Canadian Gaming Corporation is prescribed for the purposes of section 16 (2) (b) of the Act and is to receive the fees collected under section 16 (1) of the Act less any deductions required under section 16 (2) (a) of the Act.

[en. B.C. Reg. 358/2010, Sch. s. 12.]

[Provisions relevant to the enactment of this regulation: Gaming Control Act, S.B.C. 2002, c. 14, sections 54, 104 and 105]