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Gambling Awareness Foundation of Nova Scotia Regulations

made under

clauses 127(1)(f), (h), (j) & (bc) of the

Gaming Control Act

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

O.I.C. 98-109 (March 19, 1998), N.S. Reg. 26/98

as amended up to O.I.C. 2010-293 (July 27, 2010), N.S. Reg. 119/2010


Citation

1     These regulations may be cited as the Gambling Awareness Foundation of Nova Scotia Regulations.

Section 1 amended: O.I.C. 2010-293, N.S. Reg. 119/2010.


Establishment of Foundation

2     There is hereby established a special fund pursuant to clause 2(n) of the Provincial Finance Act to be known as the Gambling Awareness Foundation of Nova Scotia.

Section 2 amended: O.I.C. 2010-293, N.S. Reg. 119/2010.

[Note: The Provincial Finance Act was repealed by the Finance Act, S.N.S. 2010, c. 2, effective August 1, 2010. Special funds are continued under Section 83 of the Finance Act.]


Definitions

3     In these regulations,

 

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

 

(b)“Board” means the Board of Directors of the Foundation;

 

                (c)    “Foundation” means the Gambling Awareness Foundation of Nova Scotia established pursuant to Section 2;

Clause 3(c) amended: O.I.C. 2010-293, N.S. Reg. 119/2010.

 

                (d)    “Funds” means the funds received, maintained and disbursed by the Foundation in accordance with these regulations;

 

                (e)    “Minister” means the Minister of Health and Wellness.

Clause 3(e) added: O.I.C. 1999-592, N.S. Reg. 129/99; amended: O.I.C. 2010-293, N.S. Reg. 119/2010.

[Note: The reference to the Minister of Health Promotion and Protection has been updated in accordance with Order in Council 2011-15 under the Public Service Act, R.S.N.S. 1989, c. 376, effective January 11, 2011.]


Administration of Foundation

4     The Foundation shall be accountable to and under the authority of the Minister.

Section 4 replaced: O.I.C. 1999-592, N.S. Reg. 129/99.


Sections 5 & 6 repealed: O.I.C. 1999-592, N.S. Reg. 129/99.

 

7     The Foundation shall be administered and managed in accordance with these regulations by a Board of Directors comprised of not less than 3 directors appointed by the Minister.

Section 7 amended: O.I.C. 1999-592, N.S. Reg. 129/99.

 

8     (1)    The term of office of a Director of the Board shall be at the pleasure of the Minister.

Subsection 8(1) amended: O.I.C. 1999-592, N.S. Reg. 129/99.

 

       (2)    The Chair of the Board shall be appointed by the Minister from among the members of the Board.

Subsection 8(2) amended: O.I.C. 1999-592, N.S. Reg. 129/99.

 

       (3)    Members of the Board are appointed on a voluntary basis and shall only be reimbursed by the Foundation for reasonable expenses incurred in the performance of their duties.

Subsection 8(3) replaced: O.I.C. 2000-414, N.S. Reg. 141/2000.


Subsection 8(4) repealed: O.I.C. 2000-414, N.S. Reg. 141/2000.


Subsection 8(5) repealed: O.I.C. 1999-592, N.S. Reg. 129/99.

 

       (6)    A quorum of the Board shall consist of 2 members.


Objects of Foundation

9     The objects of the Foundation shall be to receive, maintain and disburse funds in furtherance of the purposes set out in clauses 2(b) and (c) of the Act and, in particular, without restricting the generality of the foregoing, for

 

                (a)    research or education in respect of gambling, or treatment and remediation of the effects of gambling; or

 

                (b)    any other purpose incidental or conducive to or consequential upon the attainment of any such object.


VLT Problem Gaming Fund

10   The Corporation shall pay to the Foundation the amount of contributions made to the effective date of these regulations to a fund known and identified in the financial statements of the Corporation as the VLT Problem Gaming Fund, together with the interest or other income accrued in respect of that fund.


Funds of Foundation

11   (1)    The Funds shall be derived from

 

(a)gifts, bequests or devises;

 

                (b)    money paid to the Foundation by the Corporation pursuant to Section 10 or as otherwise authorized;

 

                (c)    money paid to the Foundation by distributors, operators or other persons engaged in any way in the conduct of lottery schemes in the Province of Nova Scotia pursuant to agreements made between such persons and the Corporation, its agents, successors or assigns;

 

                (d)    any amounts that the Corporation may have agreed to pay to the VLT Program Gaming Fund or may hereafter agree to pay to the Foundation to match payments made to the Foundation by any of the persons referred to in clause (c).

 

       (2)    Any of the Funds not immediately required for the purposes of the Foundation may be invested in the name of the Foundation by the Board.

 

       (3)    The Foundation shall maintain accounts in accordance with generally accepted accounting principles.

 

       (4)    The accounts of the Foundation shall be audited annually by a chartered accountant appointed for the purpose by the Minister and the accountant shall provide a report of each audit to the Board and the Minister.

Subsection 11(4) amended: O.I.C. 1999-592, N.S. Reg. 129/99.


Duties and Powers of Board

12   The Board shall have the following duties and powers:

 

                (a)    to establish policies and procedures and make by-laws respecting the receipt, maintenance and disbursement of the Funds;

 

                (b)    to establish advisory committees to assist in the attainment of the objects of the Foundation;

 

                (c)    to pay out of the Funds any costs, charges, audit and other fees, and expenses involved or incurred in the administration and operation of the Foundation;

 

                (d)    to appoint, employ or otherwise retain such persons as are required to carry out the powers and purposes of the Foundation; and

 

                (e)    to do any other thing that reasonably relates to or is required for or incidental to the attainment of the objects of the Foundation.