This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Office of the Registrar 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 our office that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
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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 (effective April 4, 1995), N.S. Reg. 39/95

as amended to O.I.C. 2018-17 (effective January 23, 2018), N.S. Reg. 14/2018


Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.


Citation

Definitions

Licences

Exclusions

Application

Expenses

Fees

Other terms and conditions

Amendment, suspension or cancellation

Reports and forms

Conduct and operation of games of chance

Advertising

No delegation

Age limit

Inspectors or auditors

Collection

Offences


 

Citation

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


Definitions

2     In these regulations

 

“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;

 

“Act” means the Gaming Control Act;

 

“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;

 

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

 

“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;

 

“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;

 

“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;

 

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

 

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

 

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

 

“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;

 

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

 

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

 

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

 

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

 

“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

 

total profit” means gross receipts less expenses.


Licences

3     The Executive Director 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 Executive Director, a game of chance report showing

 

                (a)    the name and address of the licensee;

 

                (b)    the licence number issued by the Executive Director;

 

                (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 Executive Director determines that such wages, salaries or other expenses are fair and reasonable.


Fees

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

 

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

 

                (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

 

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

 

8     (1)    Licensing fees are payable to the Department, and an applicant for a licence must forward payment of the licensing fee to the Executive Director with their application.

 

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


Other terms and conditions

9     A licence is not transferable or assignable.

 

10   The Executive Director 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 Executive Director 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 Executive Director 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 Executive Director determines that it is in the public interest to amend, suspend or cancel the licence.


Reports and forms

12   (1)    The Executive Director 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 Executive Director prescribes or approves from time to time.

 

       (3)    Every licensee shall keep such records and books of account as the Executive Director 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 Executive Director.

 

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 Executive Director.

 

       (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 Minister 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 Executive Director 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 Executive Director.

 

       (6)    A licensee holding a licence having a term of 90 days or more, shall submit a financial statement to the Executive Director with each application for the renewal of such licence and the Executive Director 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 Department under the Act or these regulations may be recovered by action in any court of competent jurisdiction as a debt due to the Department 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.

 


 

Legislative History
Reference Tables

Carnival and Charitable Gaming Regulations

N.S. Reg. 39/1995

Gaming Control Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Carnival and Charitable Gaming Regulations made under the Gaming Control Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

39/1995

Apr 4, 1995

date made

Apr 28, 1995

75/2004

Apr 1, 2004

date specified

Apr 6, 2004

170/2008

Apr 1, 2008

date specified

Apr 18, 2008

112/2009

Apr 1, 2009

date specified

Apr 14, 2009

85/2011

Apr 1, 2011

date specified

Apr 15, 2011

111/2013

Apr 1, 2013

date specified

Apr 12, 2013

14/2018

Jan 23, 2018

date specified

Feb 2, 2018

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

2 .......................................................

am. 14/2018 (clause letters removed)

2, defn. of “Commission” ...............

rep. 14/2018

3........................................................

am. 14/2018

3(1)..............................................

am. 8/2002

5(2) ..................................................

am. 14/2018 (“Commission” replaced throughout)

6 .......................................................

am. 14/2018

6(1) .............................................

am. 8/2002, 108/2015

6(2) .............................................

rep. 8/2002

7 .......................................................

fc. 75/2004, 170/2008, 112/2009, 85/2011, 111/2013; am. 14/2018

8(1) ..................................................

rs. 14/2018

8(2) ..................................................

am. 14/2018

10-13 ...............................................

am. 14/2018 (“Commission” replaced throughout)

15(2) ................................................

am. 14/2018

18(1)-(2) ..........................................

am. 14/2018 (“Commission” replaced throughout)

18(5)-(6) ..........................................

am. 14/2018 (“Commission” replaced throughout)

19 .....................................................

am. 14/2018 (“Commission” replaced throughout)

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

 

Note

Effective
date

1

The Nova Scotia Gaming Control Commission and the Liquor License Board are amalgamated as the Alcohol and Gaming Authority by O.I.C. 97-470 under the Gaming Control Act, S.N.S. 1984-95, c. 4, the Liquor Control Act, R.S.N.S. 1989, c. 260, the Theatres and Amusements Act, R.S.N.S. 1989, c. 466 and the Interpretation Act, R.S.N.S. 1989, c. 235.

Jul 15, 1997

2

All references to the Nova Scotia Gaming Control Commission (“Commission”) removed or replaced to reflect amendments to the Act made by S.N.S. 2011, c. 63, proclaimed in force by O.I.C. 2018-16 (N.S. Reg. 10/2018).

Jan 23, 2018

 

 

 

 

 

 

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.