The Interprovincial Lotteries Regulations, 1994

Transcription

1 1 The Interprovincial Lotteries Regulations, 1994 being Chapter I-12 Reg 2 (effective June 29, 1994) as amended by Saskatchewan Regulations 11/95, 14/98 and 72/2000. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 Table of Contents 1 Title 2 Interpretation 3 Video lottery scheme 4 Restriction 5 Selling agents 6 Minister may make agreements 7 Trust account 8 Minister may direct payments 9 Report and inspection 10 Report of recipients 11 Minister may extend time 12 Minister to determine eligibility 13 R.R.S. c.i-12 Reg 1 repealed

3 3 CHAPTER The Interprovincal Lotteries Act, 1984 Title 1 These regulations may be cited as The Interprovincial Lotteries Regulations, Interpretation 2 In these regulations: (a) Act means The Interprovincial Lotteries Act, 1984; (b) designated organization means the non-profit organization designated by the minister pursuant to clause 3(c) of the Act; (c) Repealed. 27 Feb 98 SR 14/98 s3. (d) Indian band means a band as defined in the Indian Act (Canada) and includes the council of a band; (e) net profits of a lottery scheme means the amount of the net sales of a lottery scheme that remains after deducting from those sales the total costs, including the cost for prizes, incurred by: (i) the organization authorized by the minister pursuant to section 3 of the Act for conducting and managing the lottery scheme; and (ii) the designated organization for marketing the lottery scheme; (f) net sales of a lottery scheme means the amount of the proceeds from the sale of lottery tickets from a lottery scheme less the total of the amounts attributed to free tickets given as prizes; (g) non-profit organization means a corporation to which Part I of The Non-Profit Corporations Act, 1995 applies; (h) retailer means a person appointed by the designated organization to sell lottery tickets to the public; (i) trust account means the trust account continued pursuant to subsection 7(1); (j) Repealed. 27 Feb 98 SR 14/98 s3. 8 Jly 94 ci-12 Reg 2 s2; 27 Feb 98 SR 14/98 s3. Video lottery scheme 3(1) In this section: (a) video lottery scheme means any lottery scheme that is operated on or through a video lottery terminal;

4 4 (b) video lottery terminal means a machine or device that: (i) allows a person to play a game in which, through the insertion of money or other payment of lawful currency, a person may play a game in which by chance the person may receive a credit that may be redeemed for further play or money; and (ii) is a slot machine within section 198 of the Criminal Code. (2) These regulations do not apply to a video lottery scheme. 8 Jly 94 ci-12 Reg 2 s3. Restriction 4 The designated organization shall market only lottery schemes that: (a) are conducted and managed by an organization authorized by the minister pursuant to section 3 of the Act; and (b) are acceptable to the minister. 8 Jly 94 ci-12 Reg 2 s4; 27 Feb 98 SR 14/98 s4. Selling agents 5(1) The designated organization may distribute, or engage other non-profit organizations to distribute, lottery tickets to retailers. (2) Subject to subsection (3) and to the approval of the minister, the organization authorized by the minister pursuant to section 3 of the Act to conduct and manage a lottery scheme may determine the sales commission to be paid to a retailer with respect to the lottery scheme. (3) No retailer shall retain as a sales commission more than 10% of the sale price of each lottery ticket. 27 Feb 98 SR 14/98 s5. Minister may make agreements 6 The minister may enter into agreements: (a) with the designated organization: (i) for the marketing of lottery tickets that are part of a lottery scheme; and (ii) for the distribution of the net profits of the lottery scheme marketed by the designated organization to organizations, agencies and persons who are eligible pursuant to section 12; and (b) with any organizations, agents or persons mentioned in subclause (a)(ii) for the use of the net profits of the lottery scheme. 8 Jly 94 ci-12 Reg 2 s6. Trust account 7(1) The trust account established by the designated organization pursuant to The Interprovincial Lotteries Regulations is continued. (2) All the net profits of the lottery scheme are to be credited to the trust account.

5 5 (3) The trust account is to be administered in accordance with the policy directions given by the minister. (4) Any payments necessary as the result of an agreement entered into by the minister pursuant to section 6 are to be paid out of the trust account. 8 Jly 94 ci-12 Reg 2 s7. Minister may direct payments 8(1) The minister may direct the designated organization to pay out of the trust account to the Minister of Finance for deposit in the general revenue fund, in each fiscal year of the Government of Saskatchewan, the amount set out in any agreement entered into by the minister with the designated organization pursuant to section 6. (2) The minister may direct the designated organization to pay out of the trust account to the Government of Canada the amounts the Government of Saskatchewan agreed to pay to the Government of Canada in consideration of the Government of Canada agreeing not to conduct lottery schemes in Saskatchewan. 8 Jly 94 ci-12 Reg 2 s8; 24 Feb 95 SR 11/95 s2; 27 Feb 98 SR 14/98 s6; 22 Sep 2000 SR 72/ Report and inspection 9 The designated organization shall: (a) within 90 days of the close of its fiscal year, provide the minister with an annual statement of: (i) the activities of the lottery scheme and trust account; (ii) an audited statement of its accounts with respect to the lottery scheme and trust account; (iii) a list of the organizations, agencies and persons who shared in the net profits of the scheme and the amounts they received; (iv) the total amount paid out of the trust account; and (v) the total amounts paid pursuant to section 8; and (b) make available for inspection by the minister any documents with respect to the lottery scheme that the minister considers appropriate. 8 Jly 94 ci-12 Reg 2 s9. Report of recipients 10 Every organization, agency and person that shared in the net profits of a lottery scheme marketed by the designated organization shall, within 90 days after the end of its fiscal year, provide the minister with an audited statement showing: (a) the amount of money the organization, agency or person received from the trust account; and

6 6 (b) the objects or uses for which the money was used and the amount of money expended for each object or use. 8 Jly 94 ci-12 Reg 2 s10; 27 Feb 98 SR 14/98 s7. Minister may extend time 11 Notwithstanding sections 9 and 10, where the minister considers it appropriate, the minister may extend the period for filing a statement by the designated organization or an organization, agency or person. 8 Jly 94 ci-12 Reg 2 s11; 27 Feb 98 SR 14/98 s8. Minister to determine eligibility 12(1) Subject to subsection (2), the minister shall determine the organizations, agencies and other persons who are eligible to share in the net profits of any lottery scheme marketed by the designated organization. (2) No organization is eligible to share in the net profits of a lottery scheme marketed by the designated organization unless: (a) it is a non-profit organization that has as its object the promotion of sport, culture or recreation; (b) it is a municipality, or an Indian band, that is conducting or promoting programs for sport, culture or recreation; or (c) it is not for profit, and has as its primary purpose the promotion of sport, culture or recreation. 8 Jly 94 ci-12 Reg 2 s12. R.R.S. c.i-12 Reg 1 repealed 13 The Interprovincial Lotteries Regulations are repealed. 8 Jly 94 ci-12 Reg 2 s13. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2000