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Carnival and Charitable Gaming Regulations

made under Section 127 of the

Gaming Control Act

S.N.S. 1994-95, c. 4

Order in Council 95-258, (April 4, 1995), N.S. Reg. 39/95

as amended up to O.I.C. 2013-105 (March 28, 2013, effective April 1, 2013), N.S. Reg. 111/2013


Citation

1     These regulations may be cited as the Carnival and Charitable Gaming Regulations.


Definitions

2     In these regulations

 

                (a)    “accountant” means

 

                         (i)     a public accountant within the meaning of the Public Accountants Act, or

 

                         (ii)    a person who provides services in the nature of the investigation or audit of accounting records, the preparation of balance sheets, profit and loss statements and financial statements, bookkeeping, cost accounting, budget preparation, payroll preparation, preparation of tax returns and account reconciliation,

 

but does not include the services of any such public accountant or other such person acting as a liquidator, receiver, receiver-manager, trustee in bankruptcy or other like person;

 

                (b)    “Act” means the Gaming Control Act;

 

                (c)    “advertising” means any form of notice, the apparent purpose of which is to convey information to the public in and by newspaper or other printed publication, poster, circular notice, radio, television or any other form or medium of public communication;

 

                (d)    “agricultural exhibition” includes an event where agricultural or fishing products are presented or where activities relating to agriculture or fishing take place;

 

                (e)    “charitable, religious community objects or purposes” means objects or purposes for

 

                         (i)     the alleviation of poverty or the consequences of poverty,

 

                         (ii)    education including the advancement of literacy,

 

                         (iii)   the furthering of religious or societal values, or

 

                         (iv)   any other purposes beneficial to the community;

 

                (f)    “charitable or religious organization” includes an organization that performs acts in furtherance of charitable, religious or community objects or purposes without profit or personal financial gain to its members;

 

                (g)    “commercial carnival” includes a game of chance, the purpose of which is to provide amusement or recreation for the public, that is conducted for gain and that is played in a building, tent, enclosure, place or structure, and the apparatus, machine, contrivance or device at or by which the game of chance is played;

 

                (h)    “Commission” means the Alcohol and Gaming Authority*;

*[Note: The Gaming Control Commission and the Liquor License Board were amalgamated as the Alcohol and Gaming Authority by O.I.C. 97-470 dated July 15, 1997.]

 

                (i)     “expenses” means all expenses incurred in the conduct and management of a lottery scheme licensed pursuant to these regulations;

 

                (j)     “game of chance” means a lottery scheme licensed pursuant to these regulations;

 

                (k)    “gross receipts” means the total revenue derived from all sources in the conduct and management of a game of chance;

 

                (l)     “inspectors or auditors” means inspectors or auditors appointed pursuant to the Act or these regulations, members of the Royal Canadian Mounted Police or members of a municipal police force within the meaning of the regulations made pursuant to the Police Act;

 

                (m)   “licence” means a licence to conduct and manage a game of chance issued pursuant to these regulations;

 

                (n)    “licensee” means a person or charitable or religious organization licensed to conduct and manage a game of chance pursuant to these regulations;

 

                (o)    “merchandise game” means a game of chance offering items of merchandise as prizes;

 

                (p)    “money prize game” means a game of chance offering money as prizes;

 

                (q)    “monte carlo, casino or millionaire events” means charitable events which include events at which merchandise games of chance are played without the use of legal tender; and

 

                (r)    “total profit” means gross receipts less expenses.


Licences

3     The Commission may, upon application by a person or charitable or religious organization, issue a licence to conduct a game of chance at a public place.


Exclusions

4     A person that conducts or manages bingo at an annual agricultural exhibition shall not require a licence where by virtue of subsection 206(3) of the Criminal Code (Canada), clauses 206(1)(f) and (g) thereof do not apply to that person.


Application

5     (1)    An applicant for a licence shall indicate on the application the

 

                (a)    name and address of the applicant;

 

                (b)    proposed start and finish date of the game of chance;

 

                (c)    proposed location of operation of the game of chance;

 

                (d)    proposed times of operation of the game of chance;

 

                (e)    description of the game of chance;

 

                (f)    name of the game of chance;

 

                (g)    proposed number of games of chance;

 

                (h)    names, addresses and telephone numbers of two representatives of the applicant; and

 

                (i)     if the application is made by a charitable or religious organization, the geographical location expected to benefit from the funds raised.

 

       (2)    After conducting a game of chance, a licensee shall file with the Commission, a game of chance report showing

 

                (a)    the name and address of the licensee;

 

                (b)    the licence number issued by the Commission;

 

                (c)    the location of operation of the game of chance;

 

                (d)    the number of merchandise games;

 

                (e)    the number of money prize games;

 

                (f)    the gross receipts of the game of chance;

 

                (g)    the expenses of the game of chance;

 

                (h)    the total value of all prizes awarded at the game of chance;

 

                (i)     the total profit of the game of chance;

 

                (j)     the name of the financial institution to which deposits are made;

 

                (k)    the total amount deposited to the licensee's account at a financial institution; and

 

                (l)     if the application is made by a charitable or religious organization, the geographical areas which received benefit from the funds raised.


Expenses

6     Wages, salaries or other expenses paid by the licensee, either directly or indirectly, for conducting, managing or assisting in the conduct or management of a game of chance may be deducted from the gross receipts, provided that the Commission determines that such wages, salaries or other expenses are fair and reasonable.


Fees

7     Every licensee shall pay to the Commission the following fees:

 

                (a)    for a game of chance awarding a cash prize, $12.05 per day;

Clause 7(a) amended: O.I.C. 2013-105, N.S. Reg. 111/2013.

 

                (b)    for a game of chance awarding a merchandise prize, no fee;

 

                (c)    for a game of chance awarding a cash prize other than bingo operated at an outdoor carnival, $6.05 per day; and

Clause 7(c) amended: O.I.C. 2013-105, N.S. Reg. 111/2013.

 

                (d)    $30.15 dollars payable with the application for a licence for monte carlo, casino or millionaire events.

Clause 7(d) amended: O.I.C. 2013-105, N.S. Reg. 111/2013.

 

8     (1)    Licensing fees are to be made payable to the Commission and shall be forwarded with the application to the Commission by the licensee.

 

       (2)    Fees payable to the Commission pursuant to these regulations are not refundable.


Other terms and conditions

9     A licence is not transferable or assignable.

 

10   The Commission may impose such other terms and conditions on a licensee as it considers necessary for the proper administration of these regulations.


Amendment, suspension or cancellation

11   The Commission may amend, suspend or cancel a licence where

 

                (a)    a licensee provides any incorrect information on its application;

 

                (b)    the licensee does not provide the Commission with changes to information contained in the application within 15 days of the change;

 

                (c)    a licensee contravenes any requirement of the application or breaches any term or condition of the licence or any provision of the Act or these regulations; or

 

                (d)    the Commission determines that it is in the public interest to amend, suspend or cancel the licence.


Reports and forms

12   (1)    The Commission may require a licensee to submit reports in addition to the report required under subsection 5(2).

 

       (2)    Applications, reports and licences shall be in such form as the Commission prescribes or approves from time to time.

 

       (3)    Every licensee shall keep such records and books of account as the Commission may require for the administration and enforcement of these regulations.


Conduct and operation of games of chance

13   No licensee shall reschedule the date of operation of a game of chance without the prior written approval of the Commission.

 

14   If the licensee is a charitable or religious organization, it shall conduct a game of chance in the place set out in the application and authorized in the licence.


Advertising

15   (1)    No licensee shall in any way engage in advertising or permit anyone with whom the licensee contracts to engage in advertising for money prize games that

 

                (a)    imply money prize games promote or are required for social acceptance, personal or financial success or the resolution of any economic, social or personal problems;

 

                (b)    contains endorsements by well-known personalities that suggest playing money prize games contributed to their success;

 

                (c)    is specifically directed at encouraging individuals under 19 years of age to play money prize games; or

 

                (d)    compares playing money prize games to other forms of gaming in Nova Scotia.

 

       (2)    All advertising shall display the name of the licensee and the licence number issued by the Commission.

 

       (3)    Only the licensee shall advertise or promote the game of chance.


No delegation

16   Where a licence is issued,

 

                (a)    only personnel under the direct supervision of the licensee shall conduct, manage or assist in the conduct or management of the game of chance; and

 

                (b)    only the licensee shall operate the game of chance and handle cash transactions.


Age limit

17   (1)    No licensee, its employees, servants or agents shall permit a person under the age of 19 years to

 

                (a)    have access to the gaming premises area where monte carlo, casino or millionaire events are held; or

 

                (b)    play money prize games.

 

       (2)    No licensee, its employees, servants or agents shall fail to take necessary steps to prevent a person under the age of 19 years from

 

                (a)    having access to the gaming premises area where monte carlo, casino or millionaire events are held; or

 

                (b)    playing money prize games.

 

       (3)    No person under the age of 19 years shall

 

                (a)    seek access to the gaming premises area where monte carlo, casino or millionaire events are held; or

 

                (b)    play money prize games.


Inspectors or auditors

18   (1)    The Commission may appoint inspectors or auditors for the administration of the Act and these regulations.

 

       (2)    Inspectors or auditors shall have the power to inquire into the conduct and management of a game of chance and shall advise the Commission of the results of their inquiries.

 

       (3)    Inspectors or auditors may enter at any reasonable time, on or about the premises occupied by any licensee or the premises where the records of the licensee are kept or believed to be kept, to determine whether the Act and these regulations are being and have been complied with or to inspect, audit and examine books of account, records, documents and receipts.

 

       (4)    The person occupying the premises referred to in subsection (3) shall answer all questions posed by the inspectors or auditors and shall produce such books of account, records, documents and receipts as may be required.

 

       (5)    All records relating to the conduct and operation of a game of chance shall be retained by the licensee for a least 3 years after the expiration of the licence period unless their destruction at an earlier date is expressly authorized in writing by the Commission.

 

       (6)    A licensee holding a licence having a term of 90 days or more, shall submit a financial statement to the Commission with each application for the renewal of such licence and the Commission may require the applicant, at the expense of the applicant, to submit such statement in the form of an independent audit of the applicant's financial affairs conducted by an accountant.


Collection

19   Any amounts that are due and payable to the Commission under the Act or these regulations may be recovered by action in any court of competent jurisdiction as a debt due to the Commission and the court may make an Order as to the costs of such action.


Offences

20   Every person who contravenes a provision of these regulations is guilty of an offence and is liable, on summary conviction, to a fine of not more than $3000 and, in default of payment, to imprisonment for a term not exceeding 6 months.