Lottery Regulations (N.S. Reg. 42/1995) (just regulations regs gcvideo.htm)

N.S. Reg. 42/1995

Nova Scotia — Regulations

Lottery Regulations (N.S. Reg. 42/1995) (just regulations regs gcvideo.htm)

N.S. Reg. 42/1995

Nova Scotia — Regulations

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.

This electronic version is copyright ©

, 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 (effective April 4, 1995), N.S. Reg. 42/1995

as amended to O.I.C. 2025-350 (effective December 1, 2025), N.S. Reg. 262/2025

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]

Registration

Approved device

Credit

Age limit

Advertising

Trust accounts

Records

Demands for payment

Security

Inspectors or auditors

Offences

[Citation]

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

[Definitions]

(1) In these regulations

“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;

“approved device” means a video gaming device bearing a decal evidencing

ownership by the Lottery Corporation, the operation of which is approved by the

Executive Director;

“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 licence granted

under the Liquor Control Act , which may be a club license, beverage

room license, lounge license, cabaret license, special premises license

or a licence issued to marine ferries, whether moored or in transit

within Nova Scotia harbours, or

(ii) that are on a reserve and operating under written agreement with a

band by the Province, the Minister, the Corporation or the Lottery

Corporation;

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

“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;

“documents” includes money, securities and whether computerized or not, books,

records, letters, telegrams, vouchers, invoices, accounts and statements including

financial statements;

“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 ;

“licensee” means

(

i) a person who is the owner or operator of an approved premises and

who has been granted a valid registration certificate under these

regulations, or

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

“Lottery Corporation” means the Atlantic Lottery Corporation Inc.;

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

“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;

“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);

“video lottery” means 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), other than a lottery

scheme that is an “online game” as defined in the Atlantic Lottery Regulations

made under the Act; and

“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.

Registration

(1) An applicant for a registration certificate shall make application in the form

prescribed by the Executive Director 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 Executive Director

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 under the Liquor Control Act , evidence that

the premises have been approved and a valid licence issued by the

Executive Director appointed under that Act.

(

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.

(1) Only the following may conduct or manage a video lottery in the Province:

(

a) the Corporation;

(

b) a person authorized to conduct or manage a video lottery in the Province in

accordance with an agreement entered into by the Corporation in

accordance with

Section 25 of the Act.

(1A) Only the following may operate a video lottery in the Province:

(

a) the Lottery Corporation, in accordance with the requirements set out in the

Act and these regulations;

(

b) a licensee on behalf of the Lottery Corporation, in accordance with the

requirements set out in the Act and these regulations.

(2) A registration certificate granted by the Executive Director 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 Executive Director.

(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.

(2) The annual fee is $111.15 for each approved device contained in the licensee’s

approved premises.

(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.

(1) The Executive Director 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 Executive Director 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 Executive Director 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 Executive Director 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 under the Liquor Control Act 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.

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 Executive Director, it is in the public interest to do so.

Approved device

(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;

(

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

Executive Director considers appropriate in the circumstances.

7 No video gaming in a premises owned or operated by the holder of a licence granted

under the Liquor Control Act shall be operated during any part of a suspension of that

licence.

(1) The Executive Director 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 under the Liquor Control Act shall be operated other than during the same

hours of operation as those licensed by the Executive Director under that Act, and

the Executive Director 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

(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.

(2) [repealed]

Age limit

(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;

(

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

(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

(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 5 th 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.

(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.

(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 Executive Director

may require for the administration and enforcement of these regulations.

Demands for payment

(1) Where the Executive Director has knowledge or suspects that a person is or will

be, within 90 days, liable to make a payment to a licensee, the Executive Director

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 Department on account of the liability of the

licensee under these regulations.

(2) Without limiting the generality of subsection (1), where the Executive Director 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 Executive Director 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 Executive Director 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 Department 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 Department shall be

deemed to have been loaned, advanced or paid, as the case may be, to the licensee.

Security

(1) The Executive Director may require an applicant for a registration certificate or a

licensee to deposit with the Department a bond by way of cash or other security

satisfactory to the Executive Director, which shall not in any case be greater than

$100 000.

(2) The Executive Director 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

(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.

(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 Department.

(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 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 Department, 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 Executive Director may, for the better administration of the Act and the video lottery

regulations, enter into and amend agreements with

(

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.

Legislative History

Reference Tables

Video Lottery Regulations

N.S. Reg.

42/1995

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 Video Lottery 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

42/1995

Apr 4,

date

made

Apr

28, 1995

208/2000

Dec

21, 2000

date

specified

Jan

12, 2001

13/2002

Feb 1,

date

specified

Feb

22, 2002

282/2009

Sep

15, 2009

date

specified

Oct 9,

87/2011

Apr 1,

date

specified

Apr

15, 2011

101/2012

May 8,

date

specified

May

18, 2012

113/2013

Apr 1,

date

specified

Apr

12, 2013

110/2015

Apr 1,

date

specified

Apr 8,

17/2018

Jan

23, 2018

date

specified

Feb 2,

262/2025

Dec 1,

date

specified

Dec

12, 2025

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

ra. as 2(1) 13/2002

2(1) ..............................................

ra. from 2 13/2002

2(1) ..............................................

am. 17/2018 (clause letters removed)

2(1), defn . of “approved

device”

am. 17/2018

2(1)(

d) defn . of “approved

premises” ..................................................

rs . 13/2002, 17/2018

2( 1)( da) defn . of “band” ..............

ad. 13/2002

2(1), defn . of

“Commission” ......

rep. 17/2018

2(1), defn . of

“Corporation” .......

am. 17/2018; rep. 262/2025

2(1)(

j) defn . of

“licensee” ...........

rs . 13/2002, am. 17/2018

2( 1)( ka) defn . of “reserve” ..........

ad. 13/2002

2(1), defn . of “video

lottery” .......

rs . 262/2025

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

ad. 13/2002

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

am. 17/2018

3 (2)(c) .........................................

rs . 17/2018

4(1) ...................................................

rs . 262/2025

4(1A) ................................................

ad. 262/2025

4(2) ...................................................

am. 17/2018

4A .....................................................

ad. 282/2009

4 A( 1) ...........................................

am. 101/2012

4 A( 2) ...........................................

fc. 87/2011, 113/2013, 110/2015

4 A( 3) ...........................................

rs . 101/2012

5 ........................................................

am. 17/2018

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

am. 17/2018

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

rs . 208/2000

6(3) ...................................................

am. 17/2018

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

rs . 17/2018

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

am. 17/2018

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

rs . 17/2018

9(2) ...................................................

rep. 208/2000

12(3) .................................................

rs . 13/2002

14 ......................................................

am. 17/2018

15(1) .................................................

am. 17/2018

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

am. 17/2018

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

am. 17/2018

16(1) .................................................

rs . 17/2018

16(2) .................................................

am. 17/2018

19(2) .................................................

am. 17/2018

20(4)-(5) ...........................................

am. 17/2018

21 ......................................................

am. 17/2018

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

The Nova Scotia

Gaming Corporation referred to in s. 2(1)(

g) 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. 1994-95, 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.

(corrected

by N.S. Reg. 17/2018, which removed or replaced all references to the

Commission to reflect amendments to the Act made by S.N.S. 2011, c. 63,

proclaimed in force by N.S. Reg. 10/2018)

Jul 15, 1997

The reference in s. 4 A( 1) to

the Minister of Service Nova Scotia and Municipal Relations should be read as

a reference to the Minister of Service Nova Scotia in accordance with O.I.C.

2014-71 under the Public Service Act ,

R.S.N.S. 1989, c. 376.

Apr 1, 2014

The reference in s. 4 A( 1) to

the Minister of Service Nova Scotia and Municipal Relations should be read as

a reference to the Minister of Service Nova Scotia and Internal Services in

accordance with O.I.C. 2019-149 under the Public Service Act , R.S.N.S.

1989, c. 376.

Jun 3, 2019

The reference in s. 4 A( 1) to

the Minister of Service Nova Scotia and Municipal Relations should be read as

a reference to the Minister of Service Nova Scotia in accordance with O.I.C.

2023-148 under the Public Service Act , R.S.N.S. 1989, c. 376.

May 23, 2023

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.

Document details

CollectionNova Scotia — Regulations
CitationN.S. Reg. 42/1995
Date1995-01-01
Typeregulation
Volume / chapterjust regulations regs gcvideo.htm
Languageen
Formathtm
SourcePROVINCIAL
Identifier4d91a58941c9efa3db61bd6966461fa0f0ad4936

Source file is stored in the law ingest library (htm).