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"Point in Time" Regulation Content

Gaming Control Act; Financial Administration Act

GAMING CONTROL REGULATION

B.C. Reg. 208/2002

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 3 December 7, 2010
Section 4 December 7, 2010
Section 5 December 7, 2010
Section 6 December 7, 2010
Section 7 December 7, 2010
Section 12 December 11, 2009
Part 4 June 25, 2012
Section 15.1 June 25, 2012
Section 18 March 1, 2017
Section 19 June 25, 2012
Section 22 March 1, 2017
Section 29 December 7, 2010
December 31, 2010
Section 31 December 7, 2010
December 31, 2010
Section 32 December 7, 2010
March 1, 2017
Section 34 December 7, 2010
Section 38 July 19, 2016
January 23, 2017
Section 41 December 11, 2009
December 7, 2010
Section 42 December 7, 2010
Section 43 December 7, 2010

 Section 3(e) was added by BC Reg 358/2010 effective December 7, 2010.

 Section 4(b) BEFORE repealed by BC Reg 358/2010 effective December 7, 2010.

(b) lottery retailers, comprised of persons that contract with the lottery corporation to

(i)  sell lottery tickets as retailers, or

(ii)  sell lottery tickets or provide other types of provincial gaming in the hospitality industry;

 Section 5(2)(d) BEFORE enacted by BC Reg 358/2010 effective December 7, 2010.

(d) lottery retailer personnel, comprised of persons

(i)  having on-site managerial responsibility at a retail or hospitality facility where lottery tickets are sold or other types of provincial gaming are provided, or

(ii)  having managerial responsibility for a contract with the lottery corporation to sell lottery tickets or provide other types of provincial gaming;

 Section 5(2)(f) was added by BC Reg 358/2010 effective December 7, 2010.

 Section 6(part) BEFORE amended by BC Reg 358/2010 effective December 7, 2010.

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

 Section 6(e) was added by BC Reg 358/2010 effective December 7, 2010.

 Section 7(1)(b) BEFORE repealed by BC Reg 358/2010 effective December 7, 2010.

(b) table layouts, comprised of table layouts used for marking player or betting positions;

 Section 12(c), (d) and (e) BEFORE amended by BC Reg 301/2009 effective December 11, 2009.

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

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

(e) adding slot machines at the gaming facility if it is currently without slot machines.

 Part 4 title BEFORE amended by BC Reg 156/2012 effective June 25, 2012.

Part 4 - Gaming Policy and Enforcement Branch

 Section 15.1 was added by BC Reg 156/2012 effective June 25, 2012.

 Section 18 (3) and (4) BEFORE repealed by BC Reg 57/2017 effective March 1, 2017.

(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.

 Section 19 (b) (ii), (c) (i) and (iii) BEFORE amended by BC Reg 156/2012 effective June 25, 2012.

(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 general manager considers appropriate in the circumstances, or

(c) must

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

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

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

 Section 22 BEFORE repealed by BC Reg 57/2017 effective March 1, 2017.

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.

 Section 29(1)(c) and (d) BEFORE amended by BC Reg 358/2010 effective December 7, 2010.

(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 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 remuneration that did not exceed $1 000 000 in the most recently completed financial year of the services provider;

 Section 29(1)(t), (u) and (v) were added by BC Reg 358/2010 effective December 7, 2010.

 Section 29(2)(i) BEFORE amended by BC Reg 358/2010 effective December 7, 2010.

(i) lottery retailer personnel, comprised of persons

(i)  having on-site managerial responsibility at a retail or hospitality facility where lottery tickets are sold or other types of provincial gaming are provided, or

(ii)  having managerial responsibility for a contract with the lottery corporation to sell lottery tickets or provide other types of provincial gaming.

 Section 29(2)(j) was added by BC Reg 358/2010 effective December 7, 2010.

 Section 29(1)(a), (b) and (l) BEFORE amended by BC Reg 386/2010 effective December 31, 2010.

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

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

 Section 29(1)(b.1) was added by BC Reg 386/2010 effective December 31, 2010.

 Section 31(2)(part) BEFORE amended by BC Reg 358/2010 effective December 7, 2010.

(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 (s) of this subsection, the application fee specified in that paragraph, plus $250 for each background investigation to be carried out in assessing the application:

 Section 31(2)(t), (u) and (v) were added by BC Reg 358/2010 effective December 7, 2010.

 Section 31(2.1) was added by BC Reg 358/2010 effective December 7, 2010.

 Section 31(3) BEFORE amended by BC Reg 358/2010 effective December 7, 2010.

(3)  A person registered in any of the classes of registration referred to in subsection (2) (a) to (s) 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.

 Section 31(4)(c) BEFORE amended by BC Reg 358/2010 effective December 7, 2010.

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

 Section 31(2)(a), (b), (e) and (l) BEFORE amended by BC Reg 386/2010 effective December 31, 2010.

(a) class A casino services providers, $35 000 per gaming facility;

(b) class B casino services providers, $15 000 per gaming facility;

(e) community gaming centre services providers, $5 000 per gaming facility;

(l) horse racing teletheatre operators, $1 000;

 Section 31(2)(b.1) amd (l.1) were added by BC Reg 386/2010 effective December 31, 2010.

 Section 32 BEFORE amended by BC Reg 358/2010 effective December 7, 2010.

 Fee required for internal review of decision relating to registration

32  (1)  In this section, "general manager", in relation to a decision under 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)  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.

(3)  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 (2) 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.

 Section 32 BEFORE repealed by BC Reg 57/2017 effective March 1, 2017.

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.

 Section 34 BEFORE amended by BC Reg 358/2010 effective December 7, 2010.

 Conditions of registration for gaming services providers

34  It is a condition of the 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) 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,

(c) report to the general manager any civil litigation, 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,

(d) report to the general manager any new creditor and the amounts and terms of the indebtedness to that creditor,

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

(f) 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,

(g) 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,

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

(i) 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,

(j) 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 the regulations under the Act,

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

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

(m) 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),

(n) 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,

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

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

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

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

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

(r) comply with section 77 (1) of the Act, and

(s) report to the general manager any suspension, cancellation or refusal of licensing, registration or renewal, in another jurisdiction, of the gaming services provider or of the officers, directors or associates of the gaming services provider.

[am. B.C. Regs. 280/2004, s. 12; 183/2006, s. 16.]

 Section 38(d) was added by BC Reg 182/2016 effective July 19, 2016.

 Section 38(d)(ii) to (iv) BEFORE amended by BC Reg 291/2016 effective January 23, 2017.

(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.

 Section 41(c) BEFORE amended by BC Reg 301/2009 effective December 11, 2009.

(c) TBC Teletheatre BC, on behalf of both the thoroughbred and standardbred racing industries, the total amount paid by TBC Teletheatre BC to the lottery corporation under section 17 (1) (c) of the Act, less any deductions required under section 14 (2) (a) of the Act.

 Section 41 BEFORE repealed by BC Reg 358/2010 effective December 7, 2010.

 Prescribed organizations and prescribed proportions

41  For the purposes of section 14 (2) (c) of the Act, the following organizations are prescribed to receive payments each month in the following proportions:

(a) Hastings Entertainment Inc., on behalf of the thoroughbred racing industry, the total amount paid by thoroughbred racetracks in British Columbia to the lottery corporation under section 17 (1) (c) of the Act, less any deductions required under section 14 (2) (a) and (b) of the Act;

(b) the B.C. Standardbred Breeders Society, on behalf of the standardbred racing industry, the total amount paid by standardbred racetracks in British Columbia to the lottery corporation under section 17 (1) (c) of the Act, less any deductions required under section 14 (2) (a) and (b) of the Act;

(c) TBC Teletheatre BC, on behalf of both the thoroughbred and standardbred racing industries, the total amount paid by TBC Teletheatre BC to the lottery corporation under section 17 (1) (c) of the Act, less any deductions required under section 14 (2) (a) and (b) of the Act.

[en. B.C. Reg. 59/2003, Sch; am. B.C. Reg. 301/2009, s. (b).]

 Section 42 BEFORE amended by BC Reg 358/2010 effective December 7, 2010.

42  Operators collecting horse race betting fees must, under section 17 (1) (c) of the Act, pay the fees collected to the British Columbia Lottery Corporation 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.

 Section 43 was enacted by BC Reg 358/2010 effective December 7, 2010.