Gaming Control Act

CHAPTER 4

OF THE

ACTS OF 1994-95

If you are searching this statute, note that it consists of three documents.

Short title

1 This Act may be cited as the Gaming Control Act. 1994-95, c. 4, s. 1.

Purpose of Act

2 The purpose of this Act is to

(a) establish a framework for conducting, managing, controlling and regulating casinos and other lottery schemes so as to increase the level of sustainable economic activity within the Province and increase the net revenue of the Province;

(b) ensure that casinos and other lottery schemes are conducted in a socially responsible manner; and

(c) ensure that any measures taken with respect to casinos and other lottery schemes are undertaken for the public good and in the best interests of the public and, without limiting the generality of the foregoing, to minimize the opportunities that give rise to problem gambling and other illnesses, crime and social disruption. 1994-95, c. 4, s. 2.

Interpretation

3 In this Act,

(a) "Board" means the Board of Directors of the Corporation;

(b) "casino" means a place that is kept for the purpose of playing or operating blackjack, roulette, baccarat, mini-baccarat, keno, video poker, video blackjack, video keno or similar game of chance or a slot machine and is conducted and managed by the Corporation as an agent of Her Majesty in right of the Province;

(c) "Commission" means the Nova Scotia Gaming Control Commission;

(d) "Corporation" means the Nova Scotia Gaming Corporation;

(e) "designated game of chance" means a game of chance designated by the regulations for the purpose of this Act;

(f) "designated goods and services" means goods and services designated for the purpose of this Act;

(g) "Executive Director" means the Executive Director of Gaming Control;

(h) "game of chance" means a game of chance or mixed chance and skill and, for greater certainty, includes a slot machine and includes any game, machine, device or contrivance prescribed by the regulations as a game of chance;

(i) "gaming event" means an occasion on which a game of chance is played;

(j) "gaming premises" means a place that is kept for the purpose of playing or operating games of chance and, for greater certainty, includes a casino;

(k) "licence" means a licence, issued pursuant to this Act and the regulations and the Criminal Code (Canada) by or under the authority of the Governor in Council, to conduct and manage a lottery scheme;

(l) "licensed lottery scheme" means a lottery scheme for which a licence is issued;

(m) "lottery scheme" means a lottery scheme within the meaning of the Criminal Code (Canada);

(n) "partnership" means a partnership as defined by the Partnership and Business Names Registration Act;

(o) "person" includes a partnership;

(p) "registered gaming assistant" means a gaming assistant registered pursuant to Part II;

(q) "registered supplier" means

(i) the operator of a casino pursuant to an agreement under Part I, or

(ii) a supplier of goods and services to a lottery scheme,

who is registered pursuant to Part II. 1994-95, c. 4, s. 3.

Act binds Crown

4 This Act binds Her Majesty in right of the Province. 1994-95, c. 4, s. 4.

Restriction on assignment of administration

5 Notwithstanding the Public Service Act, the administration of Parts I and II shall not be assigned to the same member of the Executive Council. 1994-95, c. 4, s. 5.

"Minister" defined

6 In this Part, "Minister" means the Minister of Finance. 1994-95, c. 4, s. 6.

Supervision of Act

7 The Minister has the general supervision and management of this Part. 1994-95, c. 4, s. 7.

Nova Scotia Gaming Corporation

8 There is hereby established a body corporate to be known as the Nova Scotia Gaming Corporation. 1994-95, c. 4, s. 8.

Agent of Crown

9 The Corporation is for all purposes of this Act an agent of Her Majesty in right of the Province and the powers of the Corporation may only be exercised as such an agent. 1994-95, c. 4, s. 9.

Objects of Corporation

10 The objects of the Corporation are to

(a) develop, undertake, organize, conduct and manage casinos and other lottery schemes on behalf of the Province or on behalf of the Province and another province of Canada;

(b) provide for the operation of casinos and any business that the Corporation considers reasonably related to operating a casino, including any business that offers goods or services to persons playing games of chance in a casino;

(c) ensure that lottery schemes conducted and managed by the Corporation are conducted and managed in accordance with the Criminal Code (Canada) and this Act and the regulations; and

(d) do such other things in respect of lottery schemes, as the Minister or the Governor in Council may from time to time require. 1994-95, c. 4, s. 10.

Board of Directors

11 The Corporation shall be managed by a Board of Directors. 1994-95, c. 4, s. 11.

Composition of Board

12 (1) The Board shall consist of not fewer than three nor more than five members appointed by the Governor in Council.

Term of office

(2) A member of the Board holds office for such term, not exceeding five years, as the Governor in Council determines.

Re-appointment

(3) A member of the Board may be re-appointed but shall not hold office for more than two terms.

Disqualification of member of Assembly or Cabinet

(4) A member of the House of Assembly or the Executive Council or a person who has been a member within the last three years is not eligible to be a member of the Board.

Disqualification of member of Gaming Commission

(5) A member of the Commission or a person who has been a member within the last three years is not eligible to be a member of the Board.

Disqualification of supplier or gaming assistant

(6) A registered supplier, an employee, partner, director, shareholder or owner of a registered supplier, or a registered gaming assistant or a person who has been a registered supplier, an employee, partner, director, shareholder or owner of a registered supplier, or a registered gaming assistant within the last three years is not eligible to be a member of the Board.

Restriction on member or former member of Board

(7) No person shall become a registered supplier, an employee, partner, director, shareholder or owner of a registered supplier, or a registered gaming assistant within three years after being a member of the Board. 1994-95, c. 4, s. 12.

Chair and Vice-chair

13 (1) The Governor in Council shall appoint one of the members of the Board to be its Chair and one member to be its Vice-chair.

Absence of Chair and Vice-chair

(2) In the absence of the Chair, the Vice-chair shall preside over the meetings of the Board and, in the absence of the Chair and the Vice-chair, a member of the Board selected by the members present shall preside over the meetings. 1994-95, c. 4, s. 13.

Quorum

14 A majority of the members of the Board constitutes a quorum. 1994-95, c. 4, s. 14.

Remuneration

15 (1) Members of the Board who are not otherwise employed in the public service of the Province shall be paid such remuneration as the Governor in Council determines.

Expenses

(2) The members of the Board shall be reimbursed for reasonable expenses necessarily incurred in the performance of their duties. 1994-95, c. 4, s. 15.

Personal liability

16 A member of the Board or an employee of the Corporation is not personally liable for anything done or omitted to be done or for any neglect or default in the bona fide exercise or purported exercise of a power conferred upon that member or employee, as the case may be, pursuant to this Act. 1994-95, c. 4, s. 16.

Head office

17 The head office of the Corporation shall be at such place in the Province as the Governor in Council determines. 1994-95, c. 4, s. 17.

Chief Executive Officer

18 (1) The Governor in Council shall, on the recommendation of the Board, appoint a Chief Executive Officer of the Corporation.

Remuneration

(2) The Chief Executive Officer of the Corporation shall be paid such remuneration as the Governor in Council determines and shall be reimbursed for reasonable expenses necessarily incurred in the performance of the duties of the Chief Executive Officer. 1994-95, c. 4, s. 18.

Officers and employees

19 (1) Subject to Section 18, the Corporation may employ, in accordance with Civil Service hiring guidelines, such other officers and employees as are necessary for the proper conduct and management of the affairs of the Corporation.

Professional and technical personnel and experts

(2) The Corporation may, with the approval of the Governor in Council and subject to the Provinces tendering guidelines, engage the services of professional persons, technical persons and experts upon such terms and conditions as the Board determines. 1994-95, c. 4, s. 19.

Employee benefits

20 (1) The Chief Executive Officer and other officers and employees of the Corporation shall have the same benefits as persons appointed to the Civil Service of the Province.

Pay equity and affirmative action

(2) The Corporation or a person who enters into an agreement with the Corporation pursuant to clause [25](1)(b) or (c) shall

(a) apply the principles of pay equity as set out in the Pay Equity Act; and

(b) apply the Governments policies respecting affirmative action in hiring or promoting employees. 1994-95, c. 4, s. 20.

Public Service Superannuation Act

21 (1) For all purposes of the Public Service Superannuation Act, the Chief Executive Officer and each full-time officer or employee of the Corporation is and is deemed to be a person employed in the public service of the Province and full-time service in employment of the Corporation is and is deemed to be public service.

Deductions

(2) The Corporation shall deduct from the salary of the Chief Executive Officer and each full-time officer or employee of the Corporation such amount as is directed by the Governor in Council to be deducted from the salary of employees in the public service of the Province and shall pay the same to the Minister of Finance, and such amounts when so received shall be paid into and form part of the Superannuation Fund under the Public Service Superannuation Act.

Part of expenses of Corporation

(3) Where, by the Public Service Superannuation Act, a payment is directed to be made into the Superannuation Fund by the Government or the Minister of Finance or where by that Act a superannuation allowance or other sum is directed to be paid out of the Consolidated Fund of the Province, then, in respect of the Chief Executive Officer or a full-time officer or employee of the Corporation, the payment, superannuation allowance or other sum shall be defrayed by the Corporation and shall form part of the annual expenses of the Corporation.

Part-time employees

(4) Each part-time officer or employee of the Corporation is a part-time employee for the purpose of Part III of the Public Service Superannuation Act and subsections (1) to (3) apply mutatis mutandis. 1994-95, c. 4, s. 21.

Oath of office

22 Members of the Board and the Chief Executive Officer and other officers and employees of the Corporation shall, before taking office or entering into employment, take an oath or affirmation as prescribed by the regulations. 1994-95, c. 4, s. 22.

Security clearance

23 Members of the Board and the Chief Executive Officer and other officers and employees of the Corporation shall, as a term of their appointment, supply such information and be subject to such investigations and security clearance as the regulations may prescribe and, for greater certainty, subject to the Members and Public Employees Disclosure Act. 1994-95, c. 4, s. 23.

Duties of Corporation

24 (1) The Corporation shall

(a) subject to this Act and the regulations, comply with any direction given to it by the Governor in Council;

(b) conduct and manage casinos and other lottery schemes in accordance with this Act and the regulations and the Criminal Code (Canada);

(c) post in a prominent place in every casino a copy of the rules of play for games of chance as approved pursuant to Part II and, as prescribed by the regulations, make the rules available to the public;

(d) ensure that proper security clearance is given in accordance with the regulations for each member of the Board and the Chief Executive Officer and each other officer and employee of the Corporation;

(e) report forthwith to the Minister and the Commission any defect, abuse, illegality or criminal activity in relation to casinos and other lottery schemes; and

(f) submit annually to the Minister a report respecting the administration, operation and management by or on behalf of the Corporation of casinos or other lottery schemes in the Province, including the matters referred to in clause (e).

Tabling of report

(2) Within sixty days of receiving the report referred to in clause (1)(f), the Minister shall table it in the House of Assembly or, if the Assembly is not then sitting, with the Clerk of the Assembly. 1994-95, c. 4, s. 24.

Powers of Corporation

25 (1) Subject to this Act and the regulations, the Corporation has all of the capacity, rights, powers and privileges of a natural person necessary to carry out its objects in accordance with this Act and the regulations and, without limiting the generality of the foregoing, the Corporation may

(a) with the approval of the Governor in Council, develop, undertake, organize, conduct and manage lottery schemes on behalf of the Government of the Province or on behalf of the Government of the Province and the government of another province of Canada;

(b) with the approval of the Governor in Council, enter into an agreement with a person to operate a casino or other lottery scheme on behalf of the Corporation upon such terms and conditions as the Governor in Council determines;

(c) with the approval of the Governor in Council, enter into an agreement with a person to develop, undertake, organize, conduct and manage a lottery scheme or with the Government of Canada or the government of another province of Canada, or an agent of either of them;

(d) with the approval of the Governor in Council, enter into an agreement for the purpose of this Act with the Government of Canada, the government of another province of Canada or a municipality, or a department or agent of any of them;

(e) with the approval of the Governor in Council, enter into an agreement with a government of another province of Canada, or an agency thereof, to incorporate a body to undertake, conduct and manage a lottery scheme on behalf of the Corporation and that government;

(f) subject to this Act and the regulations, enter into any other agreement that the Board considers necessary to carry out its objects;

(g) conduct and manage lottery schemes within the Province and another province of Canada pursuant to an agreement;

(h) establish bank accounts;

(i) make payments to trust or special funds as authorized by this Act and the regulations;

(j) subject to this Act and the regulations, make by-laws for the management of its affairs including, without restricting the generality of the foregoing, rules for the conduct of the meetings of the Board, the use of its seal, the execution of documents by the Corporation and the establishment of committees.

Companies Act

(2) The Companies Act does not apply to the Corporation except to the extent that the Governor in Council determines.

Real property

(3) The Corporation may not acquire, hold, sell, lease or otherwise dispose of an interest in real property except with the approval of the Governor in Council.

Agent of Crown

(4) A person who enters into an agreement with the Corporation pursuant to clause (1)(b) or (c) is, with respect to, and only with respect to, the conduct and management of a lottery scheme in accordance with that agreement, an agent of Her Majesty in right of the Province and

(a) the authority of that person to conduct and manage a lottery scheme pursuant to that agreement may only be exercised as such an agent;

(b) the authority may not be delegated; and

(c) notwithstanding Section 14 of the Interpretation Act, the person is bound by all laws applicable in the Province except as otherwise provided by this Act. 1994-95, c. 4, s. 25.

Operating expenses

26 The cost of operating the Corporation, including administration expenses and the cost of operating casinos and other lottery schemes, shall be paid out of the revenues of the Corporation. 1994-95, c. 4, s. 26.

Taxation of property

27 (1) The Corporation and its property are exempt from taxation under or pursuant to any Act of the Legislature.

Grant in lieu of property taxes

(2) The Corporation may, with the approval of the Governor in Council, with respect to land owned by the Corporation and on which a casino is located, pay to the municipality in which the land is situate a grant in lieu of property taxes not exceeding the taxes that would be payable if the land were not exempt from taxation. 1994-95, c. 4, s. 27.

Fiscal year

28 The fiscal year of the Corporation is the same as the fiscal year of the Province. 1994-95, c. 4, s. 28.

Priority of payment of revenue

29 (1) The Corporation shall make payments out of its revenue as follows and in the following order of priority:

(a) reimbursement to the operator of a casino for payments of winnings to players of games of chance;

(b) payments required by the regulations to the Consolidated Fund of the Province;

(c) reimbursement to the operator of a casino for operating expenses as approved by the Corporation;

(d) payments to the operator of a casino as provided by the agreement between the operator and the Corporation;

(e) payment pursuant to Section 26 of the cost of operating the Corporation;

(f) payments designated by the regulations to special funds established pursuant to the Provincial Finance Act; and

(g) payment of the balance to the Consolidated Fund of the Province.

Public accounts

(2) The Minister shall publish in the public accounts of the Province for each fiscal year of the Province a statement showing the disposition of the revenues of the Corporation pursuant to subsection (1) for the Corporations corresponding fiscal year. 1994-95, c. 4, s. 29.

Accounting system

30 (1) The Corporation shall establish and maintain an accounting system in accordance with generally accepted accounting principles.

Quarterly financial reports

(2) The Corporation shall submit quarterly financial reports to the Minister.

Tabling of reports

(3) The Minister shall table the quarterly financial reports in the House of Assembly within fourteen days of submission to the Minister if the Assembly is then sitting or, if it is not then sitting, with the Clerk of the Assembly. 1994-95, c. 4, s. 30.

Annual audit

31 (1) The Auditor General shall annually examine and audit and prepare a report on the accounts of the Corporation.

Form of report

(2) The report shall be in such form and contain such information as the Auditor General requires.

Submission to minister

(3) The Corporation shall submit the report to the Minister within ninety days of the end of the fiscal year to which it relates.

Tabling of report

(4) The Minister shall table the report in the House of Assembly within fourteen days of its submission to the Minister if the Assembly is then sitting or, if it is not then sitting, with the Clerk of the Assembly. 1994-95, c. 4, s. 31.

Additional reports

32 The Corporation shall submit to the Minister such additional reports as the Minister from time to time requires. 1994-95, c. 4, s. 32.

Availability of documents of operator

33 (1) The Corporation shall ensure that every person, with whom it has entered into an agreement for the operation of a casino or related business on behalf of the Corporation, makes available to the Corporation at all times all reports, accounts, records and other documents in respect to the operation of the casino or related business.

Status of documents

(2) The reports, accounts, records and other documents referred to in subsection (1) are deemed to be part of the accounts of the Corporation. 1994-95, c. 4, s. 33.

Books of account

34 The Corporation shall keep and maintain or cause to be kept and maintained proper books and records of its affairs and such records and accounts of its finances as the Minister may require. 1994-95, c. 4, s. 34.

Further audit or investigation

35 (1) The Governor in Council or the Minister may, at any time, order an audit or investigation into the accounts or affairs of the Corporation.

Designation of auditor or investigator

(2) Where the Governor in Council or the Minister orders an audit or investigation pursuant to subsection (1), the Governor in Council or the Minister, as the case may be, shall designate a person to make the audit or investigation.

Inspection of records

(3) The books, records and accounts of the Corporation shall at all reasonable times be open for inspection by any person acting under the authority of the Governor in Council or the Minister. 1994-95, c. 4, s. 35.

Proceedings against the Crown Act

36 (1) The Proceedings against the Crown Act applies to actions and proceedings against the Corporation.

Interpretation

(2) For the purpose of this Section, in the Proceedings against the Crown Act

(a) a reference to the Crown shall be construed as a reference to the Corporation; and

(b) a reference to the Minister shall be construed as reference to the Chair of the Board.

Style of action

(3) In the proceedings under this Section, an action shall be brought against the Corporation in the name of the Corporation.

Service of documents

(4) Where a document or notice must be served upon or given to the Corporation pursuant to this Section or the Proceedings against the Crown Act, it shall be served by delivering a copy to the office of the Attorney General or the Deputy Attorney General or by delivering a copy to a barrister or solicitor designated for that purpose by the Attorney General, and such service is and is deemed to be service upon the Corporation. 1994-95, c. 4, s. 36.

Duties of casino operator

37 (1) The operator of a casino shall comply with all building code, safety, construction, fire, environmental, health and other standards under any enactment but, for greater certainty,

(a) Parts VIII and IX of the Municipal Government Act does not apply to a casino or proposed casino; and

(b) no building permit is required for the construction of, addition to, renovation of or repair of a casino before March 31, 1999.

Liquor Control Act

(2) Section 49 of the Liquor Control Act does not apply to a casino.

Municipal by-law

(3) Where

(a) pursuant to the Operating Contract dated May 31, 1995, and approved by Order in Council 1995-420, the Operator under the Contract notifies the Corporation that an Operator Termination Event under the Contract has occurred; and

(b) in the opinion of the Governor in Council, a by-law made pursuant to the Municipal Government Act, whether the by-law is made before or after the coming into force of this subsection, affects the Operator with respect to the Contract,

the by-law does not apply to the Operator or a Casino Complex under the Contract to the extent that the Governor in Council determines.

Regulations Act

(4) The exercise by the Governor in Council of the authority contained in subsection (3) is regulations within the meaning of the Regulations Act. 1994-95, c. 4, s. 37; 2003, c. 4, s. 14.

"Minister" defined

38 In this Part, "Minister" means the member of the Executive Council to whom the administration of this Part is assigned by the Governor in Council. 1994-95, c. 4, s. 38.

Supervision of Act

39 The Minister has the general supervision of this Part. 1994-95, c. 4, s. 39.

Nova Scotia Gaming Control Commission

40 (1) There is hereby established the Nova Scotia Gaming Control Commission.

Amalgamation

(2) The Governor in Council may, by order, amalgamate the Commission with any other regulatory board, commission or other body of Her Majesty in right of the Province and shall, by such order, determine the name and composition of the new body.

Substituted references

(3) Where, pursuant to subsection (2), the Commission is amalgamated with any other body, a reference in any Act of the Legislature or in any rule, order, regulation, by-law, ordinance or proceeding or in any document whatsoever to the Commission or a body amalgamated with the Commission or an officer of the Commission or the body amalgamated, whether the reference is by official name or otherwise, shall as regards any subsequent transaction, matter or thing be held and construed to be a reference to the new body or an officer of the new body. 1994-95, c. 4, s. 40.

Agent of Crown

41 The Commission is for all purposes of this Act an agent of Her Majesty in right of the Province and the powers of the Commission shall only be exercised as such an agent. 1994-95, c. 4, s. 41.

Purpose of Commission

42 The purpose of the Commission is to regulate and control casinos and other lottery schemes and to administer this Part in the public interest and in accordance with the principles of honesty and integrity. 1994-95, c. 4, s. 42.

Members of Commission

43 (1) The Commission shall consist of not fewer than five nor more than seven members appointed by the Governor in Council.

Term of office

(2) Each member of the Commission holds office on good behaviour until the member reaches the age of sixty-five years.

Disqualification of member of Assembly or Cabinet

(3) A member of the House of Assembly or the Executive Council or a person who has been a member within the last three years is not eligible to be a member of the Commission.

Disqualification of member of Corporations Board

(4) A member of the Board or a person who has been a member within the last three years is not eligible to be a member of the Commission.

Disqualification of suppliers and gaming assistants

(5) A registered supplier, an employee, partner, director, shareholder or owner of a registered supplier, or a registered gaming assistant or a person who has been a registered supplier, an employee, partner, director, shareholder or owner of a registered supplier, or a registered gaming assistant within the last three years is not eligible to be a member of the Commission.

Disqualification of civil servant

(6) A person appointed to the Civil Service is not eligible to be a member of the Commission. 1994-95, c. 4, s. 43.

Chair and Vice-chair

44 (1) The Governor in Council shall appoint one of the members of the Commission to be its Chair and one member to be its Vice-chair.

Absence of Chair and Vice-chair

(2) In the absence of the Chair, the Vice-chair shall preside over the meetings of the Commission and, in the absence of the Chair and the Vice-chair, a member of the Commission selected by the members present shall preside over the meetings. 1994-95, c. 4, s. 44.