This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © 2011, Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.


Video Lottery Regulations

made under Section 127 of the

Gaming Control Act

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

O.I.C. 95-261 (April 4, 1995), N.S. Reg. 42/95

as amended up to O.I.C. 2013-105 (March 28, 2013, effective April 1, 2013), N.S. Reg. 113/2013

 

1     These regulations may be cited as the “Video Lottery Regulations”.

 

2     (1)    In these regulations

 

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

 

                (b)    “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;

 

                (c)    “approved device” means a video gaming device bearing a decal evidencing ownership by the Lottery Corporation, the operation of which is approved by the Commission;

 

                (d)    “approved premises” means premises that are age restricted in accordance with Section 10, and

 

                         (i)     that are owned or operated by the holder of a valid license granted by the Alcohol and Gaming Authority under the Liquor Control Act, which may be a club license, beverage room license, lounge license, cabaret license, special premises license or a license issued to marine ferries, whether moored or in transit within Nova Scotia harbours, or

 

                         (ii)    that are on a reserve and operating pursuant to written agreement with a band by the Province, the Alcohol and Gaming Authority, the Corporation or the Lottery Corporation;

Clause 2(1)(d) replaced: O.I.C. 2002-39, N.S. Reg. 13/2002.

 

                (da)  “band” means a band within the meaning of the Indian Act (Canada);

Clause 2(1)(da) added: O.I.C. 2002-39, N.S. Reg. 13/2002.

 

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

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

 

                (f)    “consideration” means the insertion of a coin, or multiple coins, or any other method of payment to the operator or the video gaming device; the exchange, purchase or use of tokens in lieu of cash, or payment of an entrance or other fee for the privilege of playing a video gaming device;

 

                (g)    “Corporation” means the Nova Scotia Gaming Corporation;

 

                (h)    “documents” includes money, securities and whether computerized or not, books, records, letters, telegrams, vouchers, invoices, accounts and statements including financial statements;

 

                (i)     “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 regulations made pursuant to the Police Act;

 

                (j)     “licensee” means

 

                         (i)     a person who is the owner or operator of an approved premises and who has been granted, upon application in the form required by the Alcohol and Gaming Authority, a valid registration certificate under these regulations, or

 

                         (ii)    a band operating a video lottery at an approved premises;

Clause 2(1)(j) replaced: O.I.C. 2002-39, N.S. Reg. 13/2002.

 

                (k)    “Lottery Corporation” means the Atlantic Lottery Corporation Inc.;

 

                (ka)  “reserve” means a reserve within the meaning of the Indian Act (Canada);

Clause 2(1)(ka) added: O.I.C. 2002-39, N.S. Reg. 13/2002.

 

                (l)     “reward” means the value of an award equal to or greater than the initial consideration for the successful completion of an event and includes tokens, tickets, units of play or any other exchange medium or anything of value which is awarded for the successful outcome of play;

 

                (m)   “video gaming device” means a game or contrivance played for consideration, singly or in conjunction with another or others or in or through a computer, microprocessor or video machine, whether manual, mechanical or electrical, within the meaning of the Criminal Code (Canada);

 

                (n)    “video lottery” means, for the purposes of these regulations, any lottery scheme authorized by the Criminal Code (Canada) that is operated on or through a computer or approved device or slot machine, within the meaning of the Criminal Code (Canada); and

 

                (o)    “voucher or ticket” means a receipt issued by a video gaming device that indicates the value of a prize or credit due to the player.

 

       (2)    For greater certainty, a band is a person for the purposes of these regulations.

Section 2 renumbered 2(1); subsection 2(2) added: O.I.C. 2002-39, N.S. Reg. 13/2002.


Registration

3     (1)    An applicant for a registration certificate shall make application in the form prescribed by the Commission and include the names, signatures, addresses, titles and telephone numbers of not fewer than two authorized representatives of the applicant.


       (2)    In considering an application for a registration certificate, the Commission may require information and evidence from the applicant concerning, but not limited to,

 

                (a)    the nature of the business carried on or to be carried on at the premises seeking approval;

 

                (b)    the hours of operation of the business carried on at the premises seeking approval;

 

                (c)    in the case of premises licensed by the Alcohol and Gaming Authority* under the Liquor Control Act, evidence that such premises have been approved and a valid licence issued by the Authority;

 

                (d)    the public, storage and other facilities at the premises;

 

                (e)    the security of the premises;

 

                (f)    the estimated net revenues from video lottery operations as a percentage of general business revenues generated at the premises;

 

                (g)    the geographic location of the premises; and

 

                (h)    the names and addresses of all owners of the business, their respective interests and a statement of all financial encumbrances against the business including amounts and the name of the holder of the encumbrances.

 

4     (1)    No person other than the Lottery Corporation or a licensee shall conduct and manage a video lottery in the Province.

 

       (2)    A registration certificate granted by the Commission to a licensee shall be prominently displayed by the licensee in the approved premises where the approved device in respect of which it was issued is located, and shall not be transferable or assignable without the approval of the Commission.

 

       (3)    A registration certificate shall not be sold, loaned, rented out, exchanged or deeded and shall be cancelled upon the sale or any other change in effective ownership of the approved premises or of the business carried on in the approved premises.

 

4A  (1)    Except as provided in subsection (3), a licensee who holds a registration certificate under these regulations shall pay to the Minister of Service Nova Scotia and Municipal Relations the annual fee set out in subsection (2) on or before January 1 each year.

Subsection 4A(1) amended: O.I.C. 2012-155, N.S. Reg. 101/2012.

 

       (2)    The annual fee is $107.90 for each approved device contained in the licensee’s approved premises.

Subsection 4A(2) amended: O.I.C. 2013-105, N.S. Reg. 113/2013.

 

       (3)    An annual fee is not required to be paid by any of the following:

 

                (a)    a licensee who is the holder of a club license granted under the Liquor Control Act;

 

                (b)    a licensee that is a band.

Subsection 4A(3) replaced: O.I.C. 2012-155, N.S. Reg. 101/2012.

Section 4A added: O.I.C. 2009-395, N.S. Reg. 282/2009.

 

5     (1)    The Commission may refuse to issue a registration certificate or may amend, suspend or cancel a registration certificate, where

 

                (a)    an applicant or licensee has not submitted all information and evidence required by the Commission or has submitted incomplete, misleading or false information;

 

                (b)    an applicant or licensee becomes bankrupt or insolvent, goes into receivership or takes the benefit of any enactment from time to time in force relating to bankrupt or insolvent debtors;

 

                (c)    an order is made or resolution passed for the winding up of the licensee, or the licensee is dissolved;

 

                (d)    an applicant or licensee ceases to operate for any reason;

 

                (e)    a licensee fails to advise the Commission promptly in writing of any change of nominal or effective ownership of the business carried on in the approved premises; and

 

                (f)    a licensee or any senior officer thereof is convicted of an offence under the Criminal Code (Canada).

 

       (2)    The Commission may cancel, suspend or refuse to renew a registration certificate issued to a licensee where the licensee

 

                (a)    has been found guilty of an offence against the Act or these regulations;

 

                (b)    has failed to post the security required under these regulations;

 

                (c)    is in arrears in the remission of amounts due under these regulations;

 

                (d)    fails to file a return as required by these regulations or files a false return;

 

                (e)    has had a licence that was granted by the Alcohol and Gaming Authority* cancelled or suspended; or

 

                (f)    has conducted itself contrary to the public interest or in a manner which is harmful to the integrity or reputation of the video lottery.

 

       (3)    The Commission may prescribe such terms and conditions in a registration certificate as it considers necessary or desirable for the public interest and for the proper administration of these regulations and may amend, suspend or cancel a registration certificate or refuse to issue or reinstate a registration certificate where, in the opinion of the Commission, it is in the public interest to do so.


Approved device

6     (1)    Unless it is an approved device pursuant to these regulations, no video gaming device shall be

 

                (a)    offered for sale, lease, rental or placement by way of joint venture or donation;

 

                (b)    accepted for purchase, lease, rent, joint venture or donation; and

 

                (c)    operated, used or displayed in any way.

 

       (2)    An approved device shall include the following characteristics:

 

                (a)    it shall divide all money it accepts into credits denominated in the $0.25, $0.10 or $0.05 values;

 

                (b)    it shall accept wagers of one credit;

 

                (c)    it shall accept coinage or paper currency;

Clause 6(2)(c) replaced: O.I.C. 2000-651, N.S. Reg. 208/2000.

 

                (d)    it shall not expose a player to the chance of losing at any one play, credits of a total value exceeding $2.50;

 

                (e)    it shall permit a player at any time to withdraw for payment or reimbursement any accumulated or unused credits;

 

                (f)    it shall not award a prize exceeding $1000 for one wager;

 

                (g)    it shall not pay prizes in cash;

 

                (h)    it shall be programmed to award as prizes not less than 80% of the money it accepts; and

 

                (i)     it shall issue a voucher or ticket to indicate the value of a prize or credit.

 

       (3)    Approved premises may contain such number of approved devices as the Commission considers appropriate in the circumstances.

 

7     No video gaming device in a premise owned or operated by the holder of a licence granted by the Alcohol and Gaming Authority* shall be operated during any part of a suspension of such licence by the Alcohol and Gaming Authority*.

 

8     (1)    The Commission may take into account market, seating accommodation as required for liquor licensing purposes, and sales volume requirements in deciding the number, if any, of video gaming devices it will approve at any approved premises.

 

       (2)    No video gaming device in a facility owned or operated by the holder of a licence granted by the Alcohol and Gaming Authority* shall be operated other than during the same hours of operation as those licensed by the Alcohol and Gaming Authority*, and the Commission may enforce this requirement electronically.

 

       (3)    Despite subsection (2), no video gaming device shall be operated during the period when the owner or operator of an approved premises has leased that premises to a licensee, as defined in the Carnival and Charitable Gaming Regulations for purposes of a monte carlo, casino or millionaire event as defined in those regulations.


Credit

9     (1)    A licensee shall not grant credit, cash cheques of any kind, provide loans or make or assist with credit card advances to enable a person to play a video gaming device.


Subsection 9(2) repealed: O.I.C. 2000-651, N.S. Reg. 208/2000.


Age limit

10   (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 a video lottery is being played; or

 

                (b)    play a video lottery.

 

       (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 where a video lottery is being played; or

 

                (b)    playing a video lottery.

 

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

 

                (a)    seek access to the gaming premises area where a video lottery is being played; or

 

                (b)    play a video lottery.

 

       (4)    A licensee shall require and the person so required shall provide to the licensee, evidence of having attained the age of 19 years where the licensee requires it.

 

       (5)    No action shall lie against a licensee for refusing a person access to a video gaming device on account of the licensee requiring such evidence or for refusing access to a video gaming device where the required evidence is not produced.


Advertising

11   (1)    A licensee shall not enter into a contract with a person under which the person offers gifts or the chance of receiving gifts as an inducement for individuals to play video lotteries.

 

       (2)    No licensee shall in any way engage in advertising or permit anyone with whom the operator contracts, to engage in advertising that

 

                (a)    implies video lotteries 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 video lotteries contributed to their success;

 

                (c)    is specifically directed at encouraging individuals under 19 years of age to play video lotteries; or

 

                (d)    compares playing video lotteries to other forms of gaming in Nova Scotia.

 

       (3)    All advertising and promotion of a video lottery or the availability at any approved premises of a video lottery shall be limited to the interior of the approved premises.


Trust accounts

12   (1)    Every licensee who receives money for the benefit of the Lottery Corporation shall hold it in trust and shall have at least one deposit account in a chartered bank, trust or loan company authorized by law to receive money on deposit, and designated both in the records of the licensee and of the bank or company as a bank account.

 

       (2)    Money held in the bank for or on account of the Lottery Corporation in respect of the operations of a licensee in the Province in respect of a video lottery shall be kept in the Province except as authorized by the Lottery Corporation in writing.

 

       (3)    A licensee shall pay into the bank account of the licensee no later than the 5th day following receipt by an approved device or devices, as money received from a video lottery,

 

                (a)    70% of all money received by the approved device or devices or such other percentage as may be determined by the Lottery Corporation after provision for payment of all vouchers or tickets; or

 

                (b)    if the approved device or devices is or are operated on a reserve, fees, costs or percentages of money received from the approved device or devices as may be established by written agreement with a band by the Province, the Corporation or the Lottery Corporation after provision for payment of all vouchers or tickets.

Subsection 12(3) replaced: O.I.C. 2002-39, N.S. Reg. 13/2002.

 

       (4)    No money shall be withdrawn from a trust account of a licensee except money required for payment to or on account of the Lottery Corporation from funds held on account of the Lottery Corporation in the trust account.

 

13   (1)    Amounts due the Lottery Corporation under these regulations shall be remitted by the licensee to the Lottery Corporation at regular times and dates in the manner prescribed by the Lottery Corporation.

 

       (2)    Unless a consolidated remittance has been approved by the Lottery Corporation, every licensee shall make a separate remittance for each approved device in the form and manner approved by the Lottery Corporation.


Records

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


Demands for payment

15   (1)    Where the Commission has knowledge or suspects that a person is or will be, within 90 days, liable to make a payment to a licensee, the Commission may, by registered letter or by a letter served personally, require that person to pay forthwith, where the moneys are immediately payable, and, in any other case, as and when the moneys become payable, the moneys otherwise payable to the licensee in whole or in part to the Commission on account of the liability of the licensee under these regulations.

 

       (2)    Without limiting the generality of subsection (1), where the Commission has knowledge or suspects that, within 90 days

 

                (a)    a bank, credit union, trust company or other similar institution shall loan or advance moneys to or make a payment on behalf of or make a payment in respect of a negotiable instrument issued by a licensee who is indebted to the bank, credit union, trust company or other similar person and who has granted security in respect of the indebtedness; or

 

                (b)    a person, other than [a] bank, credit union, trust company or other similar institution, shall loan or advance moneys to or make a payment on behalf of, a licensee who the Commission knows or suspects,

 

                         (i)     is employed by or is engaged in providing services or property to that person or was or will be, within 90 days, so employed or engaged, or

 

                         (ii)    where that person is a corporation, is not dealing at arm’s length with that person,

 

the Commission may, by registered letter or by a letter served personally, require the bank, credit union, trust company or other similar institution or person, as the case may be, to pay in whole or in part to the Commission on account of the licensee liability under these regulations, the money that would otherwise be so loaned, advanced or paid and any money so paid to the Commission shall be deemed to have been loaned, advanced or paid, as the case may be, to the licensee.


Security

16   (1)    The Commission may require an applicant for a registration certificate or a licensee to deposit with the Commission a bond by way of cash or other security satisfactory to the Commission, which shall not in any case be greater than $100 000.

 

       (2)    The Commission shall by notice in writing to the licensee by personal service or registered mail advise the licensee of its application of the bond or other like security in whole or in part and the reason or reasons therefor.


Inspectors or auditors

17   (1)    Inspectors or auditors may from time to time and at all reasonable times, enter on or about the premises of a licensee or upon the premises where the records of the licensee are kept if it is reasonably necessary to do so in order to determine whether or not the Act and these regulations are being complied with and may inspect, audit or examine documents.

 

       (2)    The person occupying or in charge of the premises referred to in subsection (1) shall answer all questions pertaining to those matters and shall produce for inspection such documents as the inspectors or auditors may request.


Offences

18   Every person contravening any provision of these regulations is guilty of an offence and shall be liable, on summary conviction, to a fine of not less than $10 000 and, in default of payment, to imprisonment for a term not exceeding 6 months.

 

19   (1)    If a corporation that is a licensee is guilty of an offence against these regulations, and if an officer, director, employee or agent of the corporation willfully directed, authorized, assented to, acquiesced or participated in the commission of the offence, that person is a party to and is guilty of the offence.

 

       (2)    Where a corporation that is a licensee fails to pay or remit any amount pursuant to these regulations, any officer or director of the corporation who acquiesces or participates in the failure to do so is liable to pay that amount to the Commission.

 

20   (1)    An information or complaint in respect of an offence against these regulations shall be laid or made within 3 years of the time when the matter of the information or complaint arose, except that in the case of fraud no limitation shall apply.

 

       (2)    In a prosecution brought against a licensee, the application of the licensee for a registration certificate shall be prima facie proof that the person charged is a licensee under these regulations.

 

       (3)    Where the licensee is described as a partnership on the application referred to in subsection (2), the application form shall be prima facie proof that the persons named therein are partners and are registered as such.

 

       (4)    In a prosecution brought against a licensee who is required to apply for and be granted a registration certificate under these regulations, a certificate signed by the Executive Director of the Commission that the person charged is a licensee registered under these regulations shall be received in evidence without proof of the signature or of the official character of the person appearing to have signed the same and shall be prima facie proof of the matters contained therein.

 

       (5)    Anyone who offers, possesses, plays, delivers, ships, operates or induces possession of a video gaming device, other than a video gaming device approved by the Commission, and which is the property of the Lottery Corporation, shall be deemed to be in contravention of these regulations and subject to the penalties described herein.

 

21   The Commission may, for the better administration of the Act and the video lottery regulations, enter into and amend agreements with

 

                (a)    the Government of Canada or any of its corporations, bodies or agencies;

 

                (b)    the government of a province or territory of Canada or any of their respective corporations, bodies or agencies;

 

                (c)    the Lottery Corporation; or

 

                (d)    any person or individual.


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