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c) Queen's Printer,

Victoria, British Columbia, Canada

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Disclaimer

2000 Legislative Session: 4th Session, 36th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE JOY MacPHAIL

MINISTER OF LABOUR

BILL 30 – 2000

GAMING CONTROL ACT

Contents

Section

Part 1 –

Interpretation

Definitions

Part 2 – Gaming Control Authority

Authority established

Exercise of powers in the public interest

Minister's general policy directions to the authority

Mandate of the authority

Authority to report on its operations

Location, relocation or expansion of gaming facilities require authority's approval

Local government or first nation approval required for gaming facilities

Matters relevant to location of new gaming facilities or the relocation of existing ones

Dispute resolution as to location or relocation of gaming facility

Delegation of authority powers and duties

Executive director

Staff and consultants

Part 3 – Racing Commission

Definitions

British Columbia Racing Commission

Structure of commission

Powers of commission

Requirement for racing licence

Racing commission may issue or renew racing licences

Validation of existing racing licences

No assignment or transfer of racing licence

No horse racing except on race days

Assignment of race days

Powers of inspection

Tests and analyses

No interference

Enforcement

Appeals

Appeal to Court of Appeal

Powers on hearings and appeals

Special reports

Horse racing rules

Power to make regulations

Part 4 – Licensed Gaming

Division 1 – Authority of Lieutenant Governor in Council

Licensed gaming events

Division 2 – British Columbia Charitable Gaming Commission

Charitable gaming commission

Panels of the charitable gaming commission

Executive director

Staff and consultants

Delegation by charitable gaming commission

Charitable gaming commission responsibilities

Commission to report on its operations

Division 3 – Gaming Event Licences

Licence formalities

Licence not assignable

Conditions precedent to gaming event licence

Rules as licence conditions

Division 4 – Licence Administration and Enforcement

Reasons for refusal of licence

Suspension or cancellation of licence

Written reasons and written reply

Inquiries

Rules of the charitable gaming commission

Part 5 – British Columbia Lottery and Casino Corporation

Division 1 – Corporation Continued

Corporation continued under new name

Corporation an agent of the government

Management

Officers and employees

Division 2 – Provincial Gaming

Lottery and casino corporation's mandate

Rules of the lottery and casino corporation

Division 3 – Lottery and Casino Corporation Finances

Financial administration

Corporation to report on its operations

Grants in place of taxes

Application of revenue– other than from casinos

Application of revenue – casinos

Application of revenue– electronic bingo

Part 6 – Special Account

Definitions

BC Gaming Special Account

Funding

Payments to local governments and first nations

Development assistance compensation

Expenditures for contributions and costs of charitable gaming commission

Expenditures for policing and certain programs

Annual reduction of special account balance

Obligations of charitable or religious organizations

Part 7 – Gaming Audit and Investigation Office

Division 1 – Office Continued

GAIO

Appointment of the director

Delegation by director

Division 2 – Clearance of Gaming Personnel

Clearance of personnel by GAIO

Division 3 – Registration of Gaming Services Providers and Gaming Services Workers

Director of GAIO's responsibilities

Registration not assignable

Conditions precedent to registration

Eligibility– corporations

Eligibility – partnerships

Eligibility –individuals

Application for registration as a gaming services provider

Costs of investigations

Refund of deposit

Registration as gaming services provider

Application for registration as a gaming worker

Registration as gaming worker

Division 4 – Registration Administration and Enforcement

Reasons for refusal of registration

Suspension or cancellation of registration

Written reasons and written reply

Inquiries

Registration cancelled on dispossession of business

Requirements respecting organizational changes

Unregistered gaming services prohibited

Unregistered use of or dealing in gaming supplies prohibited

Gaming worker registration required

Division 5 – Technical Integrity Compliance

Definitions

Technical integrity standards

Part 8 – Compliance

Division 1 – Audits, Inspections and Investigations

Definitions

Financial reporting requirements

Inspectors

Inspection powers

Investigations by GAIO

Search of residence under warrant

Order to freeze property

Order for compliance

Video surveillance

Information to be provided to GAIO

Requirement to submit to audit, inspection or investigation

Division 2 – Offences and Penalties

Prohibited activities

Unauthorized sale of lottery tickets prohibited

Offences

Penalties

Division 3 – General

Remedies preserved

Court order to comply

Responsibility of directors, officers and partners

Limitation period

Evidence by certificate

Part 9 – Regulations

Regulations – general

Regulations –specific powers

Part 10 – Transitional

Licences validly issued

Acts to be given legal effect

123-128

Consequential Amendments

Commencement

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 –

Interpretation

Definitions

1 In this Act:

"adult" means a person 19 years of age or older;

"associate" , in relation to a licensee, registrant or applicant for a licence or registration, means

(

a) any person that has a financial interest in the licensee, registrant or applicant, in the licensee's, registrant's or applicant's business or in a facility to which the licence, registration or application relates,

(

b) if the licensee, registrant or applicant is an individual or a partnership in which one or more of the partners other than a limited partner is an individual,

(

i) the spouse of the individual,

(ii) any relative of the individual or the spouse referred to in subparagraph (

i) if the relative has the same residence as the individual,

(iii) any corporation controlled by the individual, any of the corporation's officers and directors and any person that has a financial interest in the corporation, and

(iv) any corporation that is affiliated with the corporation referred to in subparagraph (iii), the affiliated corporation's officers and directors and any person having a financial interest in the affiliated corporation, or

(

c) if the applicant or licensee is a partnership in which one or more of the partners other than a limited partner is a corporation, or is a corporation, any other corporation that is affiliated with the applicant, licensee or corporation, any of the affiliated corporation's officers and directors and any person that has a financial interest in the affiliated corporation;

"authority" means the British Columbia Gaming Control Authority established under

section 2;

"bingo event" means a series of bingo games played by persons competing

(

a) at a single location for prizes, or

(

b) at 2 or more locations for prizes in a common prize pool,

but does not include a lottery scheme involving the use of tickets that are based on concepts used in bingo games;

"casino gaming" means a series of casino games, but does not include

(

a) a social occasion casino as defined by regulation, or

(

b) a series of casino games

conducted and managed by a charitable or religious organization under the terms of a licence issued by the charitable gaming commission;

"charitable gaming commission" means the British Columbia Charitable Gaming Commission continued under

section 35;

"charitable or religious organization" has the same meaning as it has in

section 207 of the Criminal Code;

"community casino" means a facility or proposed facility for casino gaming other than a destination casino;

"designated race horse training centre" means any site at which the training of race horses is conducted and that is designated in the regulations as a designated race horse training centre;

"destination casino" means a facility or proposed facility for casino gaming designated by order of the minister as a destination casino;

"director of GAIO" means the director of GAIO, appointed under

section 73;

"electronic bingo" means a bingo event at which bingo games are played on or through a slot machine as defined in

section 198 (3) of the Criminal Code or on or through a computer or video device;

"GAIO" means the Gaming Audit and Investigation Office continued under

section 72;

"gaming event" means a lottery scheme referred to in

section 207 (1) (b), (c), (

d) or (

f) of the Criminal Code;

"gaming event licence" means a licence issued by the Lieutenant Governor in Council or the charitable gaming commission under

Part 4 and includes a licence issued under the Lottery Act, R.S.B.C. 1996, c. 278;

"gaming facility" means

(

a) a race track for horse racing,

(

b) a permanent bingo facility,

(

c) a facility for casino gaming, and

(

d) any other facility within a prescribed class of facility;

"gaming services" means services that are required for or comprise any component of the activities of conducting, managing, operating or presenting a lottery scheme or horse racing, and includes services in a class of services prescribed for the purpose of this definition but does not include services in a class of services excluded from this definition by regulation;

"gaming services provider" means a person who

(

a) provides gaming services,

(

b) provides, services or tests gaming supplies, or

(

c) provides or trains gaming workers,

and includes persons in a class of persons prescribed for the purpose of this definition, but does not include a person in a class of persons excluded from this definition by regulation;

"gaming supplies" means supplies, equipment and devices used or intended to be used for gaming, and includes things in a class of things prescribed for the purpose of this definition, but does not include

(

a) normal office furnishings, equipment or supplies, or

(

b) classes of things excluded from this definition by regulation;

"gaming worker" means an individual

(

a) who is paid to assist in the conduct, management, operation or presentation of a lottery scheme or of horse racing, or

(

b) who is in any class of individuals connected in any capacity with the gaming industry or its regulation and is prescribed for the purpose of this definition,

but does not include an individual in a class of individuals excluded from this definition by regulation;

"horse racing" means the conduct or presentation of racing in which horses participate;

"licence" means a racing licence or gaming event licence;

"lottery and casino corporation" means the British Columbia Lottery and Casino Corporation continued under

section 51;

"lottery scheme" has the same meaning as in

section 207 (4) of the Criminal Code;

"lottery ticket" includes a receipt or other record provided to a person participating in a lottery scheme by which the person, at the time of purchasing the record or at a later time, is able to determine, from the face of the record or by comparing the information shown on the face of the record with information provided from another source, whether the person has won a prize, including, but not limited to, a sum of money, as a result of the person's participation in the lottery scheme;

"municipality" includes the City of Vancouver;

"person" includes an unincorporated charitable, religious or other organization;

"provincial gaming" means a lottery scheme referred to in

section 207 (1) (

a) of the Criminal Code;

"race day" means a day assigned to an association by the racing commission under

section 23 on which the association may carry on horse racing;

"race meeting" means a series of any type of horse races conducted or presented by any person whether on one day or each of a series of days;

"racing commission" means the British Columbia Racing Commission continued under

section 15 (1);

"racing licence" means a licence issued by the racing commission under

Part 3 and includes a licence issued under the Horse Racing Act, R.S.B.C. 1996, c. 198;

"registered" means registered under

Part 7 as a gaming services provider or gaming services worker;

"reporting issuer" has the same meaning as it has in the Securities Act;

"residence" means a place used by a person as a permanent private dwelling, including any structure or land adjacent to the private dwelling that is used for the convenience or enjoyment of the occupants of the dwelling;

"spouse" means a person who

(

a) is married to another person and is not living separate and apart, within the meaning of the Divorce Act (Canada), from the other person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender;

"voting share" means a share of a class of shares of a corporation that carries the right to vote under all circumstances on a resolution electing directors, and includes a share of a class of shares of a corporation that carries the right to vote on such a resolution because of the occurrence of a contingency that has occurred and is continuing.

(2) For the definition of "associate" in subsection (1), a corporation is affiliated with another corporation if it is an affiliate of the other corporation within the meaning of the Company Act.

Part 2 – Gaming Control Authority

Authority established

(1) The British Columbia Gaming Control Authority is established, consisting of not more than 7 members each appointed under subsection (2).

(2) The Lieutenant Governor in Council may appoint the members of the authority and may set the remuneration and other terms of appointment of the members appointed under subsection (1).

(3) The Lieutenant Governor in Council may designate one member of the authority to be chair and may designate one vice chair or 2 vice chairs from among the other members of the authority.

(4) The members of the authority must be paid for reasonable travelling and incidental expenses incurred by them in the performance of their duties.

(5) A vacancy in the membership of the authority or the incapacity of any of the members does not impair the power of the remaining members to act.

(6) A person who is the chair, a vice chair, a member of the authority or the executive director may exercise the powers and must perform the duties delegated to that person by the authority under

section 11.

Exercise of powers in the public interest

3 The authority is responsible for the overall integrity of gaming in British Columbia.

Minister's general policy directions to the authority

(1) The minister may issue written directives to the authority on matters of general policy including but not limited to

(

a) implementation through the racing commission, charitable gaming commission or lottery and casino corporation, as the case may be, of new types of

(

i) lottery schemes, or

(ii) horse racing, or

(

b) the extent, scope or type of gaming in British Columbia.

(2) The authority must comply with the directives.

Mandate of the authority

(1) For lottery schemes and horse racing in British Columbia, the authority may issue directives applicable to the racing commission, charitable gaming commission and the lottery and casino corporation, or to any of them, as to the carrying out responsibilities under this Act, including but not limited to directives,

(

a) respecting the extent or type of gaming activities that may be carried on at a gaming facility,

(

b) establishing limitations respecting ownership, control or both of gaming services providers in general or of classes of gaming services providers,

(

c) respecting type of lottery schemes for which gaming event licences may be issued,

(

d) respecting types of horse racing for which racing licences may be issued,

(

e) respecting specified activities in conjunction with lottery schemes or horse racing at a gaming facility or a gaming event, in circumstances, or on conditions, that may be set out in the directives,

(

f) respecting security and surveillance at gaming facilities or classes of gaming facilities,

(

g) respecting the technical integrity of lottery schemes,

(

h) establishing criteria that a gaming services provider or a proponent, other than the lottery and casino corporation, must meet before a proposal for a new gaming facility is considered,

(

i) establishing criteria for the review and evaluation of proposals for new gaming facilities or for the relocation of existing gaming facilities,

(

j) prohibiting or restricting the extension of credit to participants in gaming events and governing the extension of credit,

(

k) approving the formula for determining the amount of gaming revenue that

(

i) must be returned to charitable or religious organizations in connection with a licensed gaming event, or

(ii) may be retained by or paid to a gaming services provider in connection with a bingo event or casino gaming, and

(

l) establishing policies to address problem gambling at gaming facilities.

(2) The authority may

(

a) request that GAIO conduct an investigation respecting

(

i) the integrity of gaming, or

(ii) the conduct, management, operation or presentation of gaming at a particular gaming event or gaming facility,

(

b) refer a complaint from a gaming patron to GAIO if the authority believes that the patron or another person has been adversely affected by an irregularity in the conduct, management, operation or presentation of gaming,

(

c) make inquiries or carry out research into any matter that affects or could reasonably be expected to affect the integrity of gaming, and

(

d) do other things relating to gaming that are authorized or directed by the Lieutenant Governor in Council.

(3) In carrying out its responsibilities under subsection (1), the authority must not

(

a) engage in the conduct, management, operation or presentation of any form of gaming,

(

b) enter into an agreement with Canada or the government of another province with respect to the conduct, management, operation or presentation of gaming, or

(

c) enter into an agreement with a gaming services provider.

Authority to report on its operations

(1) The authority must each year submit to the minister who, as soon as practicable, must lay before the Legislative Assembly a report of the authority on its operations for the preceding fiscal year.

(2) In addition to the report referred to in subsection (2), the authority, at the request of the minister, must report on specific matters in the manner and at the times required by the minister.

Location, relocation or expansion of gaming facilities require authority's approval

(1) A facility at any location, other than a lawful gaming facility in existence immediately before the coming into force of this section, must not be developed, used or operated as a gaming facility unless

(

a) if the gaming facility is intended for horse racing, the racing commission and the intended operator of the gaming facility first receive the written approval of the authority to that development, use and operation,

(

b) if the gaming facility is intended for bingo events, the charitable gaming commission and any intended licensee or gaming services provider first receive the written approval of the authority to that development, use and operation, and

(

c) if the gaming facility is intended for casino events, the lottery and casino corporation and any intended gaming services provider first receive the written approval of the authority to that development, use and operation.

(2) A gaming facility at any location in British Columbia must not be relocated to another location or used or operated at another location unless

(

a) if the gaming facility is for horse racing, the racing commission and the operator or intended operator of the gaming facility first receive the written approval of the authority to that relocation, use and operation,

(

b) if the gaming facility is intended for bingo events, the charitable gaming commission and any gaming licensee, intended gaming licensee, gaming services provider or intended gaming services provider, first receive the written approval of the authority to the relocation, use and operation, and

(

c) if the gaming facility is intended for casino events, the lottery and casino corporation and any gaming services provider or intended gaming services provider first receive the written approval of the authority to the relocation, use and operation.

(3) A substantial change in the type or extent of gaming events at a gaming facility at any location in British Columbia must not be made unless

(

a) if the gaming facility is for horse racing, the racing commission and the operator or intended operator of the gaming facility first receive the written approval of the authority to the change,

(

b) if the gaming facility is intended for bingo events, the charitable gaming commission and any licensee, intended licensee, gaming services provider or intended gaming services provider first receive the written approval of the authority to the change, and

(

c) if the gaming facility is intended for casino events, the lottery and casino corporation, and any gaming services provider or intended gaming services provider first receive the written approval of the authority to the change.

(4) A written approval referred to in this

section may be given by the authority and may be unconditional or subject to specified conditions.

Local government or first nation approval required for gaming facilities

(1) The authority must not give a written approval under

section 7 unless the authority

(

a) first receives the approval, in the prescribed form and manner, of the municipality, regional district or first nation that has authority over land use planning at the place where the gaming facility

(

i) is proposed to be located, as described in

section 7 (1),

(ii) is proposed to be relocated, as described in

section 7 (2), or

(iii) for which the substantial change referred to in

section 7 (3), is proposed, is located,

(

b) is satisfied that the municipality, regional district or first nation referred to in paragraph (

a) has consulted each municipality, regional district or first nation that is immediately adjacent or that the authority considers will be materially affected by the gaming facility or proposed gaming facility and its location, relocation or substantial change, as the case may be, and

(

c) is satisfied, in the case of the location or relocation of a gaming facility, that any applicable requirements of Division 3 of

Part 7 respecting the registration of the proponent as a gaming services provider have been complied with.

(2) A municipality, regional district or first nation must not give an approval referred to in subsection (1) (

a) unless, before or concurrently with giving the approval, the municipality, regional district or first nation satisfies the authority that adequate community input has been sought and considered.

Matters relevant to location of new gaming facilities or the relocation of existing ones

9 In deciding under

section 7 whether to approve the location or relocation of a gaming facility, the authority may take into account factors that the authority considers relevant and must consider

(

a) any views communicated to the authority by

(

i) the racing commission, the charitable gaming commission and the lottery and casino corporation, as to the expected impact of the gaming facility on other gaming facilities or activities in affected communities,

(ii) the gaming services providers that are operating other gaming facilities in affected communities,

(iii) the charitable or religious organizations that are participating or wish to participate in lottery events or horse racing, as the case may be, in the affected communities, and

(iv) administrators of problem gambling programs or services in affected communities,

(

b) any objection filed under

section 10, and,

(

c) if the authority, under

section 10, has required participation in alternate dispute resolution, the report of the results of the alternate dispute resolution proceedings.

Dispute resolution as to location or relocation of gaming facility

(1) A municipality, regional district or first nation that is immediately adjacent to the municipality, regional district or first nation that has authority over land use planning at the place where a gaming facility is proposed to be located or relocated may file an objection with the authority in the form and in the manner required by the authority, setting out how the objector will be materially affected by a gaming facility at the intended location.

(2) If the authority receives an objection under subsection (1), then, within 30 days after the filing of the objection, the authority may require the municipality, regional district or first nation in which the gaming facility is to be located or relocated to participate in a form of non binding dispute resolution required by the authority with any immediately adjacent municipalities, regional districts or first nations.

(3) The results of the alternate dispute resolution proceedings under this

section must be reported to and considered by the authority before the authority decides whether to approve the application for the location or relocation of the gaming facility.

Delegation of authority powers and duties

(1) The authority may delegate any of its powers and duties under this Act to the chair, a vice chair, a member of the authority or the executive director.

(2) A delegation under this

section must be made in writing and may be unconditional or subject to specified conditions.

Executive director

(1) The authority must appoint under the Public Service Act a person to be the executive director.

(2) The executive director is the chief administrative officer of the authority and must obey the policy directives and perform the duties given by the authority.

(3) The executive director, by conditional or unconditional written authorization, may delegate the executive director's powers and duties to any person employed under

section 13.

(4) Despite subsection (3), the executive director must not delegate powers or duties of the authority that are delegated to the executive director by the authority.

(5) Persons employed in the office of the executive director as directors are deputies of the executive director.

Staff and consultants

13 Officers and other employees required to carry out the responsibilities of the authority may be appointed under the Public Service Act and the authority may determine their duties.

Part 3 – Racing Commission

Definitions

14 In this Part:

"appeal board" means an appeal board appointed under

section 28 (3) (a) (i);

"association" means an association as defined in

section 204 (11) of the Criminal Code.

British Columbia Racing Commission

(1) The British Columbia Racing Commission, composed of not less than 3 nor more than 7 members appointed by the Lieutenant Governor in Council, is continued as a corporation.

(2) The Lieutenant Governor in Council may set the terms of office of the members of the racing commission.

(3) The members of the racing commission are entitled to be paid the remuneration approved by the Lieutenant Governor in Council and must be paid for reasonable travelling and incidental expenses incurred by them in the performance of their duties.

Structure of commission

(1) The Lieutenant Governor in Council may designate a member of the racing commission as chair and one or more other members as vice chair.

(2) The racing commission may adopt procedures

(

a) for conducting its affairs, and

(

b) concerning the calling, holding and conducting of its meetings.

Powers of commission

(1) The racing commission is responsible for regulating horse racing and may

(

a) regulate the operation of all sites in British Columbia at which horse racing is carried on,

(

b) regulate the operation of all designated race horse training centres,

(

c) enforce observance of and compliance with this Part and all regulations and rules made under this Part, and

(

d) do other things relating to horse racing the Lieutenant Governor in Council may authorize or require.

(2) The racing commission, under the Public Service Act, may employ the officials, clerks and other employees it considers necessary to allow it to exercise its powers and perform its duties under this Part.

(3) Subject to subsection (4), the racing commission may delegate, in writing, all or any of the powers conferred on it by this Part to any one or more members of the racing commission or to any one or more persons or classes of persons appointed or employed by the racing commission.

(4) The racing commission may not delegate the power to make rules under this Part.

(5) The racing commission may hold hearings relating to any of its powers or duties under this Part.

Requirement for racing licence

(1) A person must not hold a race meeting, manage or operate a race track or designated race horse training centre unless the person

(

a) is licensed to do so under a racing licence, and

(

b) does so in accordance with this Part, the regulations, the rules under this Part and the licence.

(2) A person must not aid in, enter in, judge, start, race in, drive in or ride in a horse race within British Columbia or do any other act in any way related to horse racing unless the person

(

a) is licensed to do so under a racing licence, and

(

b) does so in accordance with this Part, the regulations, the rules under this Part and the licence.

(3) This

section does not apply in respect of

(

a) race meetings or horse racing of a prescribed type exempted by the racing commission, and

(

b) other race meetings or horse racing exempted by the Lieutenant Governor in Council.

Racing commission may issue or renew racing licences

(1) On application, the racing commission may

(

a) issue or renew or refuse to issue or renew any racing licence required under this Part, and

(

b) impose conditions in respect of racing licences or renewals of racing licences.

(2) If the racing commission refuses to issue or renew a racing licence to an applicant, the racing commission, on request, must provide written reasons to the applicant for the refusal.

Validation of existing racing licences

20 A licence issued or renewed by the racing commission before August 19, 1993 is deemed to have been validly issued or renewed under the Horse Racing Act, R.S.B.C. 1996, c. 198.

No assignment or transfer of racing licence

21 A racing licence is not assignable or transferable.

No horse racing except on race days

22 A person must not carry on horse racing or present horse racing except on a day assigned to that person by the racing commission as a race day.

Assignment of race days

(2) An assignment of race days by the racing commission under subsection (1) is final and conclusive and is not open to question or review in a court on any grounds.

Powers of inspection

(1) In this section, "retention period" in respect of a record, thing, substance or sample removed under subsection (4) that is or may be produced in evidence at any disciplinary hearing or other proceeding under this Part, means the period beginning on the day that the record, thing, substance or sample is removed and ending on the day that the last appeal period related to any decision made at the disciplinary hearing or proceeding or at any appeal arising from it expires.

(

a) enter and inspect any part of the grounds of a race track or designated race horse training centre including, without limitation,

(

i) any stables, stands and parking areas operated as part of or in conjunction with the race track or the designated race horse training centre,

(ii) any property used by the licensee to operate the race track or designated race horse training centre, and

(iii) any property used in conjunction with the operation of the race track or designated race horse training centre;

(

b) inspect any property including, without limitation, motor vehicles, brought on to the grounds of a race track or designated race horse training centre by or on behalf of a licensee;

(

c) require any person who is participating in or who is in any way associated with horse racing including, without limitation, a race meeting or the operation of a race track or designated race horse training centre, and who has possession of or control over any records or things relating to horse racing, including, without limitation, the race meeting, the race track or the designated race horse training centre, to promptly produce the records and things that may be relevant to the inspection;

(

e) require a licensee to respond promptly to or to promptly provide sworn statements in response to inquiries made by the person conducting the inspection;

(

f) if a thing produced under paragraph (

c) or (

d) is or contains a substance, take the thing or the substance or a sample of the thing or the substance;

(

g) inspect, audit, examine and copy or take extracts from the records and things produced under paragraph (

c) or (

d) that are relevant to the inspection.

(3) Unless designated as an inspector by GAIO under

section 101, a person who is appointed or employed by the racing commission for the purposes of this section, or who is a judge or steward referred to in subsection (2), may not exercise any of the powers conferred by subsection (2).

(4) A person conducting an inspection under subsection (2) may

(

a) remove any record or thing produced under subsection (2) (

c) or (

d) for the purposes of making copies or extracts of the record or thing, and

(

b) remove any thing or substance or any sample of a thing or substance taken under subsection (2) (

f) for the purposes of testing or analyzing the thing or the substance.

(5) A person removing a record or thing under subsection (4) (

a) must give a receipt for it to the person by whom it was produced and, if requested to do so within 60 days after the end of the retention period, must return the record or thing within a reasonable time after the request.

(6) A person removing a thing or substance or any sample of a thing or substance for testing or analysis under subsection (4) (b)

(

a) must give a receipt for the thing, substance or sample to the person by whom it was produced, and

(

b) if requested by that person within 60 days after the end of the retention period, must return, within a reasonable time after the request, the portion of the thing or substance, if any, that was not required for the testing or analysis.

(7) If records or things inspected under subsection (2) (

g) or removed under subsection (4) (

a) are copied, the copies, if certified by the person who made them as being true copies of the originals, are admissible in evidence to the same extent, and have the same evidentiary value, as the original records or things without proof of the appointment or signature of the person who certified them.

Tests and analyses

(

a) to submit to a search of the licensee's person, and

(

b) to provide samples of the licensee's blood, saliva, urine, breath or other materials for testing or analysis.

(2) Unless designated as an inspector by GAIO under

section 101, a person who is appointed or employed by the racing commission for the purposes of this section, or who is a judge or steward referred to in subsection (1), may not carry out a test or an analysis under this section.

(3) A licensee must comply with a demand made under subsection (1).

(

a) enter any part of the grounds of a race track or designated race horse training centre, including but not limited any stables operated as part of or in conjunction with a race track or designated race horse training centre, and

(

b) take samples from the horses of blood, saliva, urine or other materials necessary for the tests or analyses.

No interference

(1) When required to do so by a person conducting an inspection under

section 24 or making a test or analysis under

section 25, a licensee must provide

(

a) to the person conducting an inspection under

section 24, all records, things, substances and samples and all statements and information that the person conducting the inspection is entitled to have produced or provided under

section 24, and

(

b) to the person conducting a test or analysis under

section 25, unhindered access to any horses that the person making the test or analysis may require.

(2) A person must not

(

a) destroy, alter or refuse to produce any record, thing or substance required by a person conducting an inspection under

section 24, or

(

b) prevent or interfere with or attempt to prevent or interfere with the lawful exercise by a person referred to in

section 24 or 25 of any power conferred on that person under the applicable section.

Enforcement

(1) In addition to any other powers the racing commission has under this Act, the racing commission may take action against a racing licensee under this

section for any of the following reasons:

(

a) the racing licensee's failure to comply with a requirement of this Part, the regulations, the rules under this Part or a term or condition of the racing licence;

(

b) conviction of the racing licensee of an offence under the laws of Canada, a province or any other jurisdiction or under the bylaws of a municipality or regional district if the racing commission considers that the nature or circumstances of the offence render the person unsuitable for licensing;

(

c) the existence of a circumstance that would prevent the issue of a racing licence to the racing licensee;

(

d) suspension or cancellation of a municipally, regionally, provincially or federally granted licence, permit or certificate that the licensee is required to hold in order to carry out the activities for which the licensee holds a racing licence under this Part.

(2) If the racing commission has the right under subsection (1) to take action against a racing licensee, the racing commission may do any one or more of the following with or without a hearing:

(

a) issue a warning to the racing licensee;

(

c) impose a fine on the racing licensee within the limits prescribed;

(

d) suspend or cancel the racing licence, in whole or in part;

(

e) deny the racing licensee the privileges of the grounds in respect of any one or more race tracks.

(3) The racing commission must, on request, give written reasons for any action taken under subsection (2) (

b) to (e).

(4) Suspension or cancellation of a racing licence takes effect on the date that the racing licensee is informed of the suspension or cancellation.

(6) Before cancelling a racing licence under subsection (2) (d), the racing commission must give the racing licensee notice of the reasons for the proposed cancellation and an opportunity to show why the racing licence should not be cancelled.

Appeals

(1) Subject to subsection (5), an appeal may be brought under this

section by a person in respect of any of the following decisions:

(

a) to refuse to issue or renew a racing licence to the appellant;

(

b) to take an action against the appellant under

section 27 (2) (

b) to (e);

(

c) to impose terms or conditions on the appellant's racing licence under

section 19 (1) or 27 (5).

(2) Subject to subsection (3) (b), an appeal may be brought under subsection (1) by filing a notice of appeal with the racing commission not more than 30 days after the appellant receives notice of the matter being appealed.

(3) Not more than 30 days after receiving a notice of appeal, the chair of the racing commission must

(

a) if there are 3 or more members of the racing commission who were not involved in making the decision being appealed,

(

i) appoint an appeal board consisting of 3 members of the racing commission who were not involved in making the decision, and

(ii) appoint a member of the appeal board as the chair of that board, or

(

b) in any other case, inform the appellant that an appeal board cannot be appointed under this section.

(4) An appeal board may confirm, reverse or vary the decision appealed.

(5) An appeal from a decision of an appeal board may not be brought under this section.

Appeal to Court of Appeal

(1) An appeal from a decision of an appeal board lies to the Court of Appeal with leave of a justice of that court.

(2) If, under

section 28 (3) (b), an appeal board cannot be appointed to hear an appeal from a decision, an appeal from the decision lies to the Court of Appeal with leave of a justice of that court.

(3) An appeal may be brought under this

section not more than 30 days after

(

a) in the case of an appeal referred to in subsection (1), the appellant is informed of the decision in respect of which the appellant may appeal, or

(

b) in the case of an appeal under subsection (2), the appellant is informed under

section 28 (3) (

b) that an appeal board cannot be appointed under that section.

Powers on hearings and appeals

30 The racing commission, for the purposes of

section 17 (5), and an appeal board, for the purposes of

section 28, has the powers, privileges and protections of sections 12, 15 and 16 of the Inquiry Act given to a commissioner appointed under

Part 2 of that Act.

Special reports

(1) The racing commission must each year submit to the minister who, as soon as practicable, must lay before the Legislative Assembly a report of the racing commission on its operations for the preceding fiscal year.

(2) In addition to the report referred to in subsection (1), the racing commission, at the request of the minister, must report on specific matters in the manner and at the times required by the minister.

Horse racing rules

(1) After first receiving the written approval of the authority, the racing commission may make rules for the purposes of this Part respecting security and surveillance at gaming facilities or classes of gaming facilities.

(2) Subject to any limitations the Lieutenant Governor in Council may prescribe and to the directives of the authority, the racing commission may make rules dealing with all aspects of horse racing additional to those set out in subsection (1), including, but not limited to, rules as follows:

(

a) respecting the issue and renewal of racing licences;

(

b) requiring the licensing of race horse owners, race horse trainers, drivers, jockeys, apprentice jockeys, grooms, jockeys' agents, jockeys' valets, exercise riders, trades persons, concessionaires and other persons working or employed in or about race tracks, or employed by the operators of race tracks or by persons carrying on horse racing;

(

c) requiring racing licensees or classes of racing licensees to do or refrain from doing any one or more things related to or in any way connected with horse racing;

(

e) establishing the qualifications that an applicant must hold to be eligible to obtain a racing licence of any type, and the criteria by which those qualifications may be determined;

(

f) respecting the form and content of and the information to be supplied in an application for a racing licence under this Part;

(

h) respecting the form and content of any racing licence;

(

i) requiring a racing licensee, as one of the conditions of a racing licence, to file reports with the racing commission;

(

j) specifying the form, manner of filing, times of filing and information and records to be included with the reports required under paragraph (i);

(

k) setting expiry dates for racing licences, with power to set different dates for different racing licences and different types of racing licences;

(

l) requiring a racing licensee to keep the records, in the form and at the place ordered by the racing commission;

(

m) requiring the owners of race horses to register racing colours, assumed names, partnerships and contracts, and any other matters and things that the racing commission considers appropriate;

(

n) specifying certain duties that associations must perform in relation to horse racing;

(

o) respecting the conduct of race meetings and the operation and management of race tracks including, without limitation, rules respecting the disqualification of horses, the redistribution of purse money, the return of any purse money or prizes and the return of any claimed horse and the consideration paid for it;

(

p) respecting the operation and management of designated race horse training centres;

(

q) requiring an association operating a race track to permit the training of horses on the track for the periods and on the terms the racing commission considers appropriate;

(

r) delegating any of the powers the racing commission is authorized to delegate under

section 17 (3).

(3) The racing commission must provide to the Lieutenant Governor in Council and to the authority copies of the rules under this

section within 30 days after those rules and amendments are made.

(4) The rules may specify that the approval or consent of a member of the racing commission or some other specified person is required before a specified action may be taken.

(5) If there is a conflict between the rules and this Act or the regulations, the provision of this Act or the regulations prevails.

Power to make regulations

(1) For the purposes of this Part, the Lieutenant Governor in Council may make regulations referred to in

section 41 of the

Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(

a) prescribing the powers and duties of the chair and of the other members of the racing commission and conferring on the racing commission the powers considered necessary to permit the racing commission to perform its duties under this Part;

(

b) prescribing limits on any of the powers of the racing commission under this Part;

(

c) prescribing the rules, practices and procedures to be followed by an appeal board in performing its duties and functions and in exercising its powers;

(

d) authorizing or directing the racing commission to do one or more things relating to horse racing;

(

e) designating a site at which race horse training is conducted as a designated race horse training centre;

(

f) specifying the types of race meetings or horse racing that the racing commission may exempt from the prohibitions contained in

section 18;

(

g) imposing fees for anything done or permitted to be done under this Part, including, without limitation, for the application for and the issue or renewal of any racing licence under this Part, with power to prescribe different fees for different classes of persons or racing licences, and requiring the payment of money, in addition to the fees, to cover expenses for anything done or permitted to be done under this Part;

(

h) prescribing limits on the amount of a fine that may be imposed by the racing commission under

section 27 (2) (c);

(

i) providing for the approval by the racing commission of the appointments of race track or designated race horse training centre officials or employees whose duties relate to the actual running of horse races, and for compelling the discharge for cause of those officials or employees.

Part 4 – Licensed Gaming

Division 1 – Authority of Lieutenant Governor in Council

Licensed gaming events

(1) The Lieutenant Governor in Council may license persons to conduct and manage gaming events in British Columbia.

(2) The Lieutenant Governor in Council, by order, may delegate, to the charitable gaming commission, to another authority specified in the order or to a person specified in the order, the discretion under subsection (1) to license persons to conduct and manage gaming events in British Columbia.

(3) The discretion under this

section to license persons to conduct and manage gaming events includes the discretion to attach conditions to the gaming event licences that

(

a) may differ for different gaming event licensees or classes of gaming event licensees, and

(

b) must be consistent with the conditions of gaming event licences prescribed under

section 120.

Division 2 – British Columbia Charitable Gaming Commission

Charitable gaming commission

(1) The British Columbia Gaming Commission is continued and renamed as the British Columbia Charitable Gaming Commission, consisting of not more than 7 members each appointed under subsection (2).

(2) The Lieutenant Governor in Council may appoint the members of the charitable gaming commission and set the remuneration and other terms of appointment of each member.

(3) The Lieutenant Governor in Council may designate a member of the charitable gaming commission as chair and one or more other members as vice chair.

(4) The members of the charitable gaming commission must be paid for reasonable travelling and incidental expenses incurred by them in the performance of their duties.

(5) A vacancy in the membership of the charitable gaming commission or the incapacity of any of the members does not impair the power of the remaining members to act.

(6) The charitable gaming commission may

(

a) determine its own procedure, and

(

b) provide for the regulation and conduct of its meetings.

Panels of the charitable gaming commission

(1) The chair may establish one or more panels of the charitable gaming commission, and, in matters referred to a panel by the chair, a panel has the powers of the charitable gaming commission.

(2) The chair may refer a matter that is before the charitable gaming commission to a panel or a matter that is before a panel to the charitable gaming commission or another panel.

(3) A panel consists of 2 or more members of the charitable gaming commission appointed by the chair.

(4) The chair may terminate an appointment to a panel and may fill a vacancy on a panel before the commencement of a hearing.

Executive director

(1) The charitable gaming commission must appoint a person under the Public Service Act to be the executive director.

(2) The executive director is the chief administrative officer of the charitable gaming commission and must obey the policy directives given by the charitable gaming commission.

(3) The executive director may exercise the powers and must perform the duties vested in or imposed on

(

a) the executive director under this Act, and

(

b) the charitable gaming commission under this Act that are delegated to the executive director by the charitable gaming commission.

(4) The executive director, by conditional or unconditional written authority, may delegate the executive director's powers and duties under this Act or another enactment to any person employed under

section 38.

(5) Despite subsection (4), the executive director must not delegate powers or duties of the charitable gaming commission that are delegated to the executive director by charitable gaming commission.

(6) A person to whom the executive director, by written authority under subsection (4), delegates powers and duties may exercise the powers and must perform the duties in accordance with the written authority.

(7) Persons employed in the office of the executive director as directors are deputies of the executive director.

Staff and consultants

38 Officers and other employees required to carry out the responsibilities of the charitable gaming commission may be appointed under the Public Service Act and the charitable gaming commission may determine their duties.

Delegation by charitable gaming commission

(1) Subject to any prescribed limitations and subsection (3), the charitable gaming commission may delegate any of its responsibilities to

(

a) the chair, a vice chair or a member of the charitable gaming commission, or

(

b) the executive director or an officer of the charitable gaming commission.

(2) A delegation under this

section must be made in writing and may be unconditional or subject to specified conditions.

(3) The charitable gaming commission may not delegate its power to make rules under

section 50.

Charitable gaming commission responsibilities

(1) The charitable gaming commission,

(

a) subject to first receiving the written approval of the authority, may enter into the business of supplying any person with operational services, computer software or any other technology, equipment or supplies related to the conduct of

(

i) paper bingo, or

(ii) any other business related to the conduct or management of gaming events,

(

b) may specify the fairs or exhibitions at which gaming events or categories of gaming events may be conducted,

(

c) may enter into agreements with persons, other than registered gaming services providers, respecting gaming events,

(

d) subject to first receiving the written approval of the authority, may enter into agreements with registered gaming services providers for services required for the conduct, management or operation of gaming events, but only under agreements that require the registered gaming services providers to provide those services under the control of the charitable gaming commission,

(

e) either directly or through an agreement with a registered gaming services provider, may provide, acquire, distribute or manage the supply and use of bingo paper,

(

f) in the exercise of the licensing discretion delegated to the charitable gaming commission under

section 34 (2), is responsible for gaming event licences, including, but not limited to licences to be issued to eligible charitable or religious organizations in respect of all forms of bingo events the conduct and management of which is lawful under the Criminal Code,

(

g) may assign gaming event licensees to premises or gaming facilities for the purpose of participating in gaming events,

(

h) must monitor compliance by gaming event licensees with this Act, the regulations and the rules of the charitable gaming commission,

(

i) must monitor compliance by eligible charitable or religious organizations that receive funding under

section 68 with this Act, the regulations and the rules of the charitable gaming commission,

(

j) must monitor compliance by gaming services providers with the rules of the charitable gaming commission,

(

k) may audit and inspect the operation of gaming events and the premises and facilities where gaming events are carried on,

(

l) may audit and inspect the books, records and accounts of a gaming event licensee, a person who receives funds under

section 68 or a gaming services provider, and

(

m) must do other things relating to gaming events that the Lieutenant Governor in Council may authorize or require.

(2) However, the charitable gaming commission must not

(

a) implement or permit a gaming event licensee to implement a new type of lottery scheme that was not in operation on the date this

section comes into force without first receiving the written approval of the authority, or

(

b) license a charitable or religious organization to conduct and manage casino gaming other than a social occasion casino.

Commission to report on its operations

(1) The charitable gaming commission must each year submit to the minister who, as soon as practicable, must lay before the Legislative Assembly a report of the charitable gaming commission on its operations for the preceding fiscal year.

(2) In addition to the report referred to in subsection (1), the charitable gaming commission, at the request of the minister, must report on specific matters in the manner and at the times required by the minister.

Division 3 – Gaming Event Licences

Licence formalities

(1) A gaming event licence may be signed by the chair of the charitable gaming commission or, if authorized by the chair, by the executive director or an officer of the charitable gaming commission.

(2) The charitable gaming commission may authorize the signature on a licence to be reproduced by mechanical or electronic means.

Licence not assignable

43 A licence is not assignable or transferable.

Conditions precedent to gaming event licence

44 The charitable gaming commission may not issue or renew a gaming event licence unless

(

a) the charitable gaming commission considers it appropriate to do so,

(

b) the applicant is eligible for the licence or renewal, and

(

c) the requirements under this Part for issuing or renewing the gaming event licence have been met.

Rules as licence conditions

(1) The rules of the charitable gaming commission

(

a) under

section 50 (1) (

m) respecting the activities authorized by a gaming event licence, whether the rules are made before or after issuance or renewal of the gaming event licence, are conditions of the gaming event licence, with effect in relation to a particular gaming event licence on and after the date the rules are provided to the gaming event licensee, under subsection (2), and

(

b) under

section 50 (1) (

a) to (c), whether the rules are made before or after registration of a gaming serviced provider that provides services to a gaming event licensee, are conditions of the registration of the gaming services provider, with effect in relation to a particular registration on and after the date the rules are provided to the registrant, under subsection (3).

(2) The charitable gaming commission must provide each gaming event licensee with a copy of

(

a) the rules of the charitable gaming commission that are conditions of the gaming event licence, and

(

b) any amendments to those rules.

(3) The charitable gaming commission must provide each gaming services provider with a copy of the rules of the charitable gaming commission under

section 50 (1) (

a) to (c).

(4) Subject to subsection (5), the conditions referred to in subsection (1), are additional to any conditions attached under

section 2 or prescribed under

section 120.

(5) To the extent, if any, that the conditions referred to in subsection (1) are inconsistent with any conditions prescribed under

section 120 the conditions so prescribed prevail.

Division 4 – Licence Administration and Enforcement

Reasons for refusal of licence

(1) The charitable gaming commission may refuse to issue or renew a licence if the applicant for the licence or renewal or any of the applicant's directors, officers, employees or associates

(

a) is considered by the charitable gaming commission, on reasonable grounds, to be a detriment to the integrity or lawful conduct or management of gaming events,

(

b) no longer meets a licence requirement under this Part or did not meet such a requirement at the time of licensing,

(

c) has breached or is in breach of a condition of the licence of the licensee,

(

d) has made a material misrepresentation, omission or misstatement in the application for the licence or renewal of licence of the licensee or in reply to an inquiry by a person conducting an audit, inspection or investigation under this Part,

(

e) has been refused a similar licence, registration or authorization either in British Columbia or in another jurisdiction,

(

f) has held a similar licence, registration or authorization that has been suspended or cancelled either in British Columbia or in another jurisdiction, or

(

g) has been convicted of an offence, inside or outside of British Columbia that in the opinion of the charitable gaming commission calls into question the honesty or integrity of the applicant.

(2) An applicant who applies for a renewal of a licence must meet all of the charitable gaming commission's licensing requirements that are in effect at the time the application for renewal is made.

(3) In making a decision to refuse to issue or renew a licence, the charitable gaming commission must consider the public interest and may take into account

(

a) the current level and allocation of funding from gaming events and the special account within the applicant's community,

(

b) the number of licences that have been issued previously or are currently in place in the applicant's community, and

(

c) the number of contributions from the special account that have been made previously to eligible organizations in the applicant's community.

Suspension or cancellation of licence

(1) The charitable gaming commission may

(

a) cancel, suspend for a period of time, impose new conditions on, or vary existing conditions of, a licence for any of the reasons under

section 46, or

(

b) impose a fine on the licensee within prescribed limits.

(2) In addition to the actions that the charitable gaming commission may take under subsection (1), the charitable gaming commission may issue a warning to a licensee.

(3) A suspension under subsection (1) takes effect on the day it is issued and remains in effect until

(

a) the charitable gaming commission lifts the suspension or cancels the license, or

(

b) the licensee surrenders the licence to the charitable gaming commission.

Written reasons and written reply

(1) The charitable gaming commission must provide the applicant for a licence or the licensee, as the case may be, with written reasons for a decision of the charitable gaming commission under

section 46 or 47 (1)

(

a) refusing an application to issue or renew a licence,

(

b) suspending or cancelling a licence,

(

c) imposing new conditions on a licence,

(

d) varying existing conditions of a licence, or

(

e) imposing a fine on the licensee.

(2) Within 30 days after the date the charitable gaming commission provides the written reasons to the applicant or licensee, the applicant or licensee may file a written reply with the charitable gaming commission.

(3) Within 60 days after receiving a written reply under subsection (2), the charitable gaming commission must confirm or vary its decision.

Inquiries

(1) The charitable gaming commission may make inquiries and require information from an applicant or licensee that the charitable gaming commission considers necessary to decide whether or not to

(

a) issue or renew a licence,

(

b) suspend or cancel a licence,

(

c) impose conditions on a licence, or

(

d) vary existing conditions of a licence.

(2) For the purposes of an inquiry under subsection (1), whenever made, the charitable gaming commission may require the applicant or licensee to submit to a background investigation conducted by GAIO under

Part 8.

(3) Every licensee, when required in writing by the charitable gaming commission, must provide the charitable gaming commission with reports and information specified by the charitable gaming commission for the purposes of determining compliance under this Act.

Rules of the charitable gaming commission

(1) After first receiving the written approval of the authority, the charitable gaming commission may make rules for the purposes of this part respecting security and surveillance at gaming facilities or classes of gaming facilities.

(2) The charitable gaming commission may make rules for the purposes of this Part as follows:

(

a) respecting gaming events or categories of gaming events;

(

b) governing how gaming services providers carry out their responsibilities to gaming event licensees at gaming events;

(

c) setting rules of play for gaming events or categories of gaming events;

(

d) establishing classes of gaming event licence;

(

e) respecting application procedures for licences or for payments from the special account established under

section 64;

(

f) respecting conditions and eligibility requirements that must be met before a gaming event licence is issued or a payment is made to an eligible charitable or religious organization under

section 68;

(

g) requiring and governing books, accounts and other records to be kept by licensees, by charitable or religious organizations that have received funds under

section 68 or by registrants, including, but not limited to, prescribing time schedules for the retention of those books, accounts and other records;

(

h) respecting the posting by licensees of licences and notices;

(

i) respecting the requirements and consequences that apply

(

i) if a charitable or religious organization that is either licensed or has received funds under

section 68 ceases to operate during the term of the licence or the period during which the funds advanced under

section 68 were intended to be used,

(ii) if a gaming licensee sells or assigns the business or undertaking under which the activities authorized by the gaming event licence are carried out, or becomes dispossessed of the business or undertaking by bankruptcy or the operation of law, or

(iii) if a gaming licensee who is an individual dies;

(

j) respecting conditions for the use of funds earned by a gaming event licensee at a gaming event or paid to an eligible charitable or religious organization under

section 68;

(

k) governing the manner of selecting prize winners at a gaming event;

(

l) prescribing the conditions and qualifications for entitlement to prizes at any gaming event licensed, authorized or conducted and managed by the charitable gaming commission;

(

m) respecting the activities authorized by a gaming event licence.

(3) The Regulations Act applies to a charitable gaming commission rule.

(4) If a charitable gaming commission rule is inconsistent with or conflicts with the Act or a regulation made by the Lieutenant Governor in Council, the Act or the regulation prevails.

Part 5 – British Columbia Lottery and Casino Corporation

Division 1 – Corporation Continued

Corporation continued under new name

(1) The British Columbia Lottery Corporation is continued as a corporation and renamed as the British Columbia Lottery and Casino Corporation consisting of not more than 9 directors, each appointed by the Lieutenant Governor in Council.

(2) The Lieutenant Governor in Council may appoint the directors of the lottery and casino corporation and set the remuneration and other terms of appointment of each member.

(3) Despite its incorporation under the Company Act, the lottery and casino corporation is a corporation without share capital.

(4) The Company Act does not apply to the lottery and casino corporation but the Lieutenant Governor in Council may declare that all or part of the Company Act does apply.

(5) The Lieutenant Governor in Council may appoint one of the directors as chair of the lottery and casino corporation.

(6) The directors of the lottery and casino corporation must be paid for reasonable travelling and incidental expenses incurred by them in the performance of their duties and, in addition, may be paid remuneration set by the Lieutenant Governor in Council for services as a director or chair.

Corporation an agent of the government

(1) The lottery and casino corporation is, for all purposes, an agent of the government.

(2) The Minister of Finance and Corporate Relations is the fiscal agent of the lottery and casino corporation.

(3) The lottery and casino corporation may acquire and dispose of real and personal property.

Management

(1) The directors must manage the affairs of the lottery and casino corporation and may

(

a) exercise the powers conferred on them under this Act,

(

b) exercise the powers of the lottery and casino corporation on behalf of the lottery and casino corporation, and

(

c) delegate the exercise or performance of any power or duty conferred or imposed on them to a person employed by the lottery and casino corporation.

(2) A resolution in writing, signed by all the directors, is as valid and effectual as if it had been passed at a meeting of directors properly called and constituted.

Officers and employees

(1) The Public Service Act does not apply to the officers and employees of the lottery and casino corporation.

(2) The Lieutenant Governor in Council may declare that the Public Sector Pension Plans Act applies to the lottery and casino corporation and its employees.

(3) The Lieutenant Governor in Council may declare that the Public Service Benefit Plan Act applies to the officers and employees of the lottery and casino corporation.

Division 2 – Provincial Gaming

Lottery and casino corporation's mandate

(1) The lottery and casino corporation is responsible for the conduct and management of provincial gaming on behalf of the government and, without limiting the generality of the foregoing,

(

a) may conduct, manage and operate provincial gaming on behalf of the government, either alone or in conjunction with the government of another province,

(

c) subject to first receiving the written approval of the minister, may enter into the business of supplying any person with operational services, computer software, tickets or any other technology, equipment or supplies related to the conduct of

(

i) gaming in or out of British Columbia, or

(ii) any other business related to gaming,

(

d) may enter into agreements with persons, other than registered gaming services providers, respecting provincial gaming,

(

e) subject to first receiving the written approval of the authority, may enter into agreements with registered gaming services providers for services required for the conduct, management or operation of provincial gaming, but only under agreements that require the registered gaming services providers to provide those services under the control of the lottery and casino corporation,

(

f) set rules of play for lottery schemes or any class of lottery schemes that the lottery and casino corporation is authorized to conduct, manage or operate, and

(

g) do other things the minister may authorize or require.

(2) However, the lottery and casino corporation must not

(

a) implement a new type of lottery scheme that was not in operation on the date this

section comes into force without first receiving the written approval of the authority, or

(

b) conduct, manage or operate bingo events without first receiving the written approval of the minister.

Rules of the lottery and casino corporation

(1) After first receiving the written approval of the authority the lottery and casino corporation may make rules for the purposes of this Part respecting security and surveillance at gaming facilities or classes of gaming facilities.

(2) The lottery and casino corporation may make rules for the purposes of this Part as follows:

(

a) requiring and governing books, accounts and other records to be kept by registered gaming services providers, including, but not limited to, prescribing time schedules for the retention of those books, accounts and other records;

(

b) limiting and regulating the sale of lottery tickets of the lottery and casino corporation by persons other than the lottery and casino corporation and prescribing the fees, commissions and discounts in the sales;

(

c) governing the manner of selecting prize winners under a lottery scheme or any class of lottery scheme conducted and managed by the lottery and casino corporation;

(

d) prescribing the conditions and qualifications for entitlement to prizes in a lottery scheme or any class of lottery scheme conducted and managed by the lottery and casino corporation.

(3) The Regulations Act applies to a rule of the lottery and casino corporation.

(4) If a rule of the lottery and casino corporation is inconsistent with or conflicts with the Act or a regulation made by the Lieutenant Governor in Council, the Act or the regulation prevails.

Division 3 – Lottery and Casino Corporation Finances

Financial administration

(1) The lottery and casino corporation must establish and maintain an accounting system satisfactory to the minister and, whenever required by the minister, must render detailed accounts of its revenues and expenditures for the period or to the day the minister designates.

(2) All books or records of account, documents and other financial records must at all times be open for inspection by the minister or a person the minister designates.

(3) The accounts of the lottery and casino corporation, at least once in every year, must be audited and reported on by an auditor appointed by the directors, and the costs of the audit must be paid by the lottery and casino corporation.

(4) The fiscal year end of the lottery and casino corporation is March 31.

Corporation to report on its operations

(1) The lottery and casino corporation must each year submit to the minister who, as soon as practicable, must lay before the Legislative Assembly

(

a) a report of the lottery and casino corporation on its operations for the preceding fiscal year, and

(

b) an audited financial statement showing the assets and liabilities of the lottery and casino corporation at the end of the preceding fiscal year and the operations of the lottery and casino corporation for that year in the form required by the minister.

(2) In addition to the report referred to in subsection (1), the lottery and casino corporation, at the request of the minister, must report on specific matters in the manner and at the times required by the minister.

(3) The audited financial statement referred to in subsection (1) must be prepared in accordance with generally accepted accounting principles.

Grants in place of taxes

59 Subject to the approval of the Lieutenant Governor in Council, the lottery and casino corporation, in any year, may pay to a municipality in which it has real property a grant not exceeding the amount that would be payable as taxes on the property in that year if the property were not exempt from taxation by the municipality.

Application of revenue – other than from casinos

60 The net income in each fiscal year, other than from casino gaming and from electronic bingo, of the lottery and casino corporation, after the lottery and casino corporation makes provision in that fiscal year for any payments it is obliged to make under agreements entered into in respect of lotteries under

section 55 (1) (

b) must be paid into the consolidated revenue fund at the times and in the manner directed by the Lieutenant Governor in Council.

Application of revenue – casinos

61 The net income in each fiscal year, from casino gaming, of the lottery and casino corporation after the lottery and casino corporation in that fiscal year must be paid into the BC Gaming Special Account at the times and in the manner directed by the Lieutenant Governor in Council.

Application of revenue – electronic bingo

62 The net income in each fiscal year, from electronic bingo, of the lottery and casino corporation after the lottery and casino corporation makes provision in that fiscal year must be paid into the BC Gaming Special Account at the times and in the manner directed by the Lieutenant Governor in Council.

Part 6 – Special Account

Definitions

63 In this Part:

"B licence" means a licence issued by the charitable gaming commission for the purpose of conducting and managing a small, occasional bingo event;

"charitable gaming proceeds" means

(

a) for the fiscal year ending on March 31, 1999, $125 million,

(

b) for each subsequent fiscal year the amount calculated by

(

i) determining the ratio between the consumer price index at the beginning of that subsequent fiscal year and the consumer price index for the month of March 1998, and

(ii) applying the ratio to $125 million, and

(

c) for the fiscal year immediately following the fiscal year in which the combined annual net income from bingo events and community casino gaming first equals or exceeds 3 times the then applicable amount of charitable gaming proceeds calculated under paragraph (b), and for each subsequent fiscal year, an amount that equals $125 million or 1/3 of the combined annual net income from bingo events and community casino gaming whichever is greater;

"charity bingo component" for a fiscal year means

(

a) the aggregate net income of all gaming licensees during that fiscal year that is derived from bingo events conducted and managed by those licensees other than net income from bingo events conducted and managed under the authority of a B licence, and

(

b) the aggregate net income during that fiscal year that is derived the conduct and management from electronic bingo;

"charity gaming amount" means the charitable gaming proceeds minus the charity bingo component;

"combined annual net income from bingo and community casino gaming" for a fiscal year means the sum of

(

a) the charity bingo component, and

(

b) money paid under sections 61 and 62 into the BC Gaming Special Account less the amount paid to a municipality, regional district or first nation under

section 66 (1);

"consumer price index" means the "All-items" index for the City of Vancouver of the Consumer Price Index for Canada published by Statistics Canada under the Statistics Act (Canada);

"fiscal year" means the fiscal year of the government.

BC Gaming Special Account

64 An account called the BC Gaming Special Account is established as a special account in the general fund of the consolidated revenue fund.

Funding

65 The BC Gaming Special Account consists of the money paid into it under sections 61 and 62.

Payments to local governments and first nations

(1) The Minister of Finance and Corporate Relations must pay out of the BC Gaming Special Account in each fiscal year to each municipality, regional district or first nation that has the authority over land use planning at the location of a community casino, a contribution in an amount that is equal to a proportion, prescribed by the Lieutenant Governor in Council, of the lottery and casino corporation's net income, in that fiscal year, derived from casino gaming at that destination casino if the municipality, regional district or first nation

(

a) has entered into an agreement respecting gaming revenue with British Columbia, and

(

b) is not in default of the agreement.

(2) The Minister of Finance and Corporate Relations must pay out of the BC Gaming Special Account in each fiscal year to each municipality, regional district or first nation that has the authority over land use planning at the location of a destination casino, a contribution in an amount that is equal to a proportion, prescribed by the Lieutenant Governor in Council, of the lottery and casino corporation's net income, in that fiscal year, derived from casino gaming at that destination casino if the municipality, regional district or first nation

(

a) has entered into an agreement respecting gaming revenue with British Columbia, and

(

b) is not in default of the agreement.

Development assistance compensation

(1) Subject to subsection (2), the Minister of Finance and Corporate Relations must pay out of the BC Gaming Special Account, in each fiscal year, a contribution for development assistance compensation in an agreed amount to each gaming services provider that

(

a) is the proponent of a destination casino,

(

b) has entered into an agreement respecting gaming revenue with British Columbia, and

(

c) is not in default of the agreement.

(2) A contribution under subsection (1) to a gaming services provider proponent of a destination casino must not exceed in total, a proportion, prescribed by the Lieutenant Governor in Council, of the lottery and casino corporation's net income, in that fiscal year, derived from casino gaming at that destination casino.

Expenditures for contributions and costs of charitable gaming commission

(1) Subject to subsection (2) and as directed by the charitable gaming commission, the Minister of Finance and Corporate Relations must pay out of the BC Gaming Special Account in each fiscal year the following amounts:

(

a) contributions to eligible charitable or religious organizations in amounts that the charitable gaming commission considers reasonable;

(

b) an amount towards the costs incurred by the charitable gaming commission for its responsibilities in relation the contributions referred to in paragraph (a).

(2) The aggregate amount of the contributions in any fiscal year under subsection (1) (

a) must be equal to, and must not exceed, the charity gaming amount, applicable to that fiscal year.

Expenditures for policing and certain programs

69 The Minister of Finance and Corporate Relations must pay out of the BC Gaming Special Account during each fiscal year the following amounts:

(

a) an amount, not exceeding the amount prescribed by the Lieutenant Governor in Council, towards the costs incurred by GAIO for funding police and prosecutorial programs related to gaming;

(

b) an amount, not exceeding the amount prescribed by the Lieutenant Governor in Council, towards the responsible minister's costs incurred for establishing and carrying out

(

i) programs with respect to gaming awareness and research, and

(ii) programs for the prevention and treatment of gaming addiction.

Annual reduction of special account balance

(1) The Minister of Finance and Corporate Relations must ascertain and specify in writing the balance standing to the credit of the BC Gaming Special Account at the end of each fiscal year, after allowing for all payments required to be made during that fiscal year under this Part.

(2) At the end of each fiscal year the BC Gaming Special Account is reduced by the amount of the balance that the Minister of Finance and Corporate Relations specifies in writing in accordance with subsection (1).

Obligations of charitable or religious organizations

71 A charitable or religious organization that receives a contribution from the special fund under

section 68 must comply with

Part 4 of the Act in the same manner and to the same extent as the holder of a gaming event licence issued by the charitable gaming commission.

Part 7 – Gaming Audit and Investigation Office

Division 1 – Office Continued

GAIO

(1) The Gaming Audit and Investigation Office is continued as an office of the government under the direction of the Attorney General.

(2) The purpose of GAIO is to carry out the responsibilities given to it under this Act.

Appointment of the director

73 The Attorney General must appoint under the Public Service Act an individual to be the director of GAIO.

Delegation by director

(1) The director of GAIO may delegate any of his or her powers and duties under this Act to any person employed in GAIO.

(2) A delegation under this

section must be made in writing and may be unconditional or subject to specified conditions.

Division 2 – Clearance of Gaming Personnel

Clearance of personnel by GAIO

75 It is a condition precedent to

(

a) the appointment of a person as a member of the authority, of the racing commission, of the charitable gaming commission or as a director of the lottery and casino corporation, or

(

b) the employment by the authority, by the racing commission, by the charitable gaming commission or by the lottery and casino corporation of a person in prescribed categories

that the prospective member, director or employee undergo a background investigation under

Part 8 by the director of GAIO to ascertain the suitability of the person for appointment or employment.

Division 3 – Registration of Gaming Services Providers and Gaming Services Workers

Director of GAIO's responsibilities

(1) The director of GAIO must

(

a) maintain a register of persons who are registered as gaming services providers or gaming workers or in any of the classes of registration prescribed under

section 120,

(

b) record in the register the names of persons registered under this Division and other information and records required to be included by a provision of this Act or of the regulations,

(

c) in the register distinguish, in accordance with the regulations, between confidential information and public information, and

(

d) make the public information available during business hours for inspection by persons on payment of the prescribed fee.

(2) The director of GAIO may register persons as gaming services providers or gaming workers.

(3) The discretion under this

section to register persons as gaming services providers or gaming workers includes the discretion to attach conditions to the registrations that

(

a) may differ for different registrants or classes of registrants, and

(

b) must be consistent with the conditions of registrations prescribed under

section 120.

Registration not assignable

77 A registration as a gaming services provider or gaming worker is not assignable or transferable.

Conditions precedent to registration

78 The director of GAIO may not register or renew the registration of a person unless

(

a) the director considers it appropriate to do so,

(

b) the applicant is eligible for registration or renewal of registration, and

(

c) the requirements under this Act for registration or renewal of registration have been met.

Eligibility – corporations

79 A corporation is not eligible to be registered as a gaming services provider unless it is incorporated or continued under the Company Act, the Society Act or another enactment or is an extraprovincial company as defined in the Company Act, registered under that Act.

Eligibility – partnerships

80 A partnership is not eligible to be registered as a gaming services provider unless

(

a) the partnership and each partnership that is a partner in the partnership is registered under the Partnership Act or legislation comparable to the Partnership Act in another jurisdiction, and

(

b) each individual partner meets the requirements of

section 81 and each corporation that is a partner meets the requirements of

section 79.

Eligibility – individuals

(1) An individual is not eligible to be registered as a gaming services provider unless the individual

(

a) is an adult, and

(

b) is qualified under this Act.

(2) An individual is not eligible to be registered as a gaming worker unless

(

a) the individual is

(

i) an adult, or

(ii) a minor in a prescribed class of gaming workers, and

(

b) is qualified under this Act.

Application for registration as a gaming services provider

(1) An applicant for registration or renewal of registration as a gaming services provider must submit to the director of GAIO

(

a) an application in the form and with content required by the director,

(

b) information, affidavits and documents required by the director that the director considers relevant to the application,

(

c) at the time of the application, the prescribed application fee, and

(

d) a deposit, to be held in trust by the minister responsible for the Financial Administration Act, in an amount equal to the director's written estimate of GAIO's costs of the background investigation referred to in

section 85 (1) (c).

(2) If, after commencement of the background investigation referred to in

section 85 (1) (c), an applicant withdraws an application referred to in subsection (1) of this section, the director of GAIO may authorize discontinuance of the background investigation, at any stage, if the director considers that the discontinuance is not detrimental to the public interest.

(3) In making a decision under subsection (2), the director of GAIO must take into account the circumstances and any reasons for withdrawal given to the director by the applicant.

Costs of investigations

(1) The director of GAIO may prepare a certificate setting out the costs of a background investigation, including but not limited to the cost of the time spent by the director and persons employed in GAIO, and any fees paid to an expert, inspector, investigator or witness.

(2) The applicant, licensee or registrant, or the director of GAIO, may apply to a master or registrar of the Supreme Court to review the certificate under the Rules of Court as if the certificate were a bill of costs, and on the review the master or registrar must review the costs and may vary them if the master or registrar considers that they are unreasonable or not related to the background investigation.

(3) The tariff of costs in the Rules of Court does not apply to and in respect of a certificate reviewed under this section.

Refund of deposit

(1) A deposit submitted under

section 82 (1) must be refunded to the applicant if, at any time before commencement of the background investigation, the application for registration or renewal of registration is withdrawn by the applicant or refused by the director of GAIO.

(2) Subject to

section 82 (2), after commencement of the background investigation referred to in

section 85 (1) (c),

(

a) GAIO must proceed with the background investigation to its conclusion, even if the applicant withdraws the application, and

(

b) the deposit submitted under subsection (1) is not refundable, except to the extent of the amount, if any, by which it exceeds GAIO's costs of the background investigation, determined under

section 83.

(3) If the director grants an authorization under

section 82 (2), any part of the deposit submitted under

section 82 (1) that exceeds GAIO's costs of the background investigation, determined under

section 83, up to the time of discontinuance must be refunded to the applicant.

Registration as gaming services provider

(1) On application, the director of GAIO may issue or renew the registration of a gaming services provider if

(

a) the applicant has paid the application fee referred to in

section 82 (1) (c),

(

b) the applicant has submitted the deposit referred to

section 82 (1) (

d) and, immediately before the time of issuance or renewal, the deposit is in trust as set out in

section 82 (1) (d),

(

c) the applicant has submitted to a background investigation conducted by GAIO under

Part 8 and GAIO has reported the results to the director, and

(

d) the director considers it appropriate to issue or renew the registration, taking into account the information on the application, the report referred to in paragraph (

c) and any other information, affidavits and documents that the director considers are relevant to the application.

(2) The term of the registration of a gaming services provider is 5 years and is to be specified in the register.

(3) Any part of the deposit submitted under

section 82 (1) (

d) that exceeds GAIO's costs of the background investigation, determined under

section 83 must be refunded to the applicant.

Application for registration as a gaming worker

(1) An applicant for registration or renewal of registration as a gaming worker must submit to the director of GAIO

(

a) an application in the form and with the content required by the director,

(

b) information, affidavits and documents that the director considers relevant to the application, and

(

c) at the time of the application, the prescribed fee for registration as a gaming worker.

(2) The director of GAIO may waive the prescribed fee under subsection (1) (c), if the applicant is a member or employee of the authority, the racing commission, the charitable gaming commission or the lottery and casino corporation and the application is submitted in relation to or as a condition of the applicant's appointment or employment.

Registration as gaming worker

(1) On application, the director of GAIO may register or renew the registration of the applicant as a gaming worker if

(

a) the applicant has paid the registration fee referred to in subsection 86 (1) or is exempt under subsection 86 (2) from the payment of that fee,

(

b) the applicant has submitted to a background investigation conducted by GAIO under

Part 8 and GAIO has reported the results to the director, and

(

c) the director considers it appropriate to register or renew the registration, taking into account the information on the application, the report referred to in paragraph (

b) and any other information, affidavits and documents that the director considers are relevant to the application.

(2) The term of a gaming worker's registration is 3 years and is to be specified in the register.

Division 4 – Registration Administration and Enforcement

Reasons for refusal of registration

88 The director of GAIO may refuse to issue or renew the registration of a gaming services provider or gaming worker if the applicant for the registration or renewal or any person who is a director, officer, employee, or associate of the applicant or is a partner in the applicant

(

a) is considered by the director, on reasonable grounds, to be a detriment to the integrity or lawful conduct or management of gaming,

(

b) no longer meets a registration requirement under this Act or did not meet such a requirement at the time of registration,

(

c) has breached or is in breach of a condition of the registration of the registrant,

(

d) has made a material misrepresentation, omission or misstatement in the application for the registration or renewal of registration of the registrant or in reply to an inquiry by a person conducting an audit, inspection or investigation under this Act,

(

e) has been refused a similar registration, licence or authority in British Columbia or in another jurisdiction,

(

f) has held a similar registration, licence or authority in British Columbia or in another jurisdiction and the similar registration, licence or authority has been suspended or cancelled, or

(

g) has been convicted of an offence, inside or outside of British Columbia that in the opinion of the director of GAIO calls into question the honesty or integrity of the applicant.

Suspension or cancellation of registration

89 The director of GAIO may cancel, suspend for a period of time, impose new conditions on, or vary existing conditions of, a registration of any registrant for any of the reasons under

section 88.

Written reasons and written reply

(1) The director of GAIO must provide the applicant for registration or the registrant, as the case may be, with written reasons for a decision of the director under

section 88 or 89

(

a) refusing an application to issue or renew a registration,

(

b) suspending or cancelling a registration,

(

c) imposing conditions on a registration, or

(

d) varying existing conditions of a registration.

(2) Within 30 days after the date the director of GAIO provides the written reasons to the applicant or registrant, the applicant or registrant may file a written reply with the director.

(3) Within 60 days after receiving a written reply under subsection (2), the director of GAIO must confirm or vary his or her decision.

Inquiries

(1) The director of GAIO may make inquiries and require information from an applicant or registrant that the director considers necessary to decide whether or not to exercise a discretion under this Part to

(

a) grant or renew a registration,

(

b) suspend or cancel a registration,

(

c) impose conditions on a registration, or

(

d) vary existing conditions of a registration.

(2) For the purposes of an inquiry under subsection (1), whenever made, the director of GAIO may require the applicant or registrant to submit to a background investigation conducted by GAIO under

Part 8.

(3) Every registrant, when required in writing by the director of GAIO, must provide the director with reports and information specified by the director for the purposes of determining compliance under this Act.

Registration cancelled on dispossession of business

(1) A registration as a gaming services provider is cancelled if

(

a) the registrant, through bankruptcy, insolvency, secured creditor realization, the operation of law or the death or incapacity of a person who is primarily responsible for carrying on the activities authorized by the registration on behalf of the registrant, ceases to carry on the activities authorized under the registration, or

(

b) an individual who is the registrant dies or becomes unable, through mental or physical disability, to continue to carry on the activities authorized by the registration.

(2) However, if subsection (1) applies, the director of GAIO may issue a temporary registration to a person to carry on the activities that were authorized by the cancelled registration.

(3) A temporary registration is valid for one year and, except as to its term, is subject to the same conditions as the registration cancelled under subsection (1).

(4) A person registered under a temporary registration may apply for a new registration while the temporary registration is still in force.

(5) The registrant under a registration referred to in subsection (1) or, in the event of the registrant's death or disability, the personal representative of the registrant, must give notice of an event described in subsection (1) to the director of GAIO within 10 days after the event.

Requirements respecting organizational changes

(1) It is a condition of registration as a gaming services provider that the registrant deliver notice immediately to the director of GAIO of

(

a) a change in the directors, officers or associates of a registrant that is a corporation or in the partners, officers or associates of a registrant that is a partnership, and

(

b) the direct or indirect acquisition or disposition by a person or group of persons acting in concert, in one or more transactions, of

(i) 5% or more of the outstanding voting shares in the capital of a registrant or an associate of that registrant that is a corporation, or

(ii) one or more securities issued by the registrant, other than voting shares described in subparagraph (i), if the amount paid up under the security or securities is equal to or greater than 5% of the aggregate paid up capital of the licensee.

(2) The notice under subsection (1) may be given to the director of GAIO in advance, in which case the director, not later than 60 days after receiving the notice, must

(

a) approve the intended change in directors, officers, partners or associates, or the intended acquisition or disposition of shares or securities, as the case may be, if the director considers that it will not constitute grounds for taking action under

section 89, and notify the registrant to that effect,

(

b) refuse to approve the intended change in directors, officers, partners or associates, or the intended acquisition or disposition of shares or securities, as the case may be, if the director considers that it will constitute grounds for taking action under

section 89, and notify the registrant to that effect, giving written reasons for the refusal, or

(

c) specify a new date on or before which the director must decide whether to grant approval under paragraph (

a) or to refuse approval under paragraph (b), if the director considers that the extension is necessary or desirable for the purpose of making inquiries under

section 91 or, under that section, requiring information from the licensee, and notify the licensee to that effect, giving written reasons for the extension.

Unregistered gaming services prohibited

94 A person, other than the racing commission, the charitable gaming commission or the lottery and casino corporation, must not provide gaming services unless the person is

(

a) a registered gaming services provider and acts in accordance with the conditions of registration, or

(

b) a person who is excluded by regulation from the definition of "gaming services provider" and acts in accordance with the conditions, if any, of the exemption.

Unregistered use of or dealing in gaming supplies prohibited

95 A person, other than the racing commission, the charitable gaming commission or the lottery and casino corporation, must not keep for any purpose other than private or personal use, make, sell, advertise or distribute any gaming supplies unless

(

a) the gaming supplies have been approved, individually or according to type, by the director of GAIO and are identifiable under regulations prescribed by the Lieutenant Governor in Council as gaming supplies that have received that approval, and

(

b) the person is a registrant or licensee and is

(

i) acting in accordance with the conditions of registration or of the licence, and

(ii) is authorized, under an agreement with the racing commission, the charitable gaming commission or the lottery and casino corporation, as the case may be, to use, make, sell, advertise or distribute gaming supplies approved by GAIO, or

(

c) is excluded by regulation from the definition of "gaming services provider" and acts in accordance with the conditions, if any, of the exemption.

Gaming worker registration required

(1) A person must not work as a gaming worker unless that person

(

a) is a registered gaming worker, or

(

b) is excluded by regulation from the definition of "gaming worker" and acts in accordance with the conditions, if any, of the exemption.

(2) A person must not employ or engage another person as a gaming worker unless the other person

(

a) is a registered gaming worker, or

(

b) is excluded by regulation from the definition of "gaming worker" and acts in accordance with the conditions, if any, of the exemption.

Division 5 – Technical Integrity Compliance

Definitions

97 In this Division, "gaming equipment" means gaming supplies that

(

a) are operated on or through a computer, video device or slot machine as defined in

section 198 (3) of the Criminal Code, and

(

b) are used or intended to be used as part of or in connection with a lottery scheme.

Technical integrity standards

(1) The charitable gaming commission and the lottery and casino corporation must not use gaming equipment in connection with a lottery scheme unless GAIO has issued a certificate of technical integrity, individually or according to type for the lottery scheme and the gaming equipment.

(2) The charitable gaming commission must not permit a licensee to use gaming equipment in connection with a lottery scheme that is a bingo event unless GAIO has issued a certificate of technical integrity, individually or according to type, for lottery scheme and the gaming equipment.

(3) GAIO may issue a certificate of technical integrity under this

section only if satisfied that the gaming equipment and lottery scheme will be fair, honest, secure, and safe, individually or according to type according to standards approved by the authority.

Part 8 – Compliance

Division 1 – Audits, Inspections and Investigations

Definitions

99 In this Division:

"applicant" includes a person who has submitted an application under

section 82 in respect of which a background investigation referred to in

section 83 has not been concluded, even if the person has withdrawn the application after commencement of the background investigation;

"background investigations" means background investigations authorized under this Part;

"inspector" means a person designated as an inspector under

section 101;

"justice" means justice as defined in the Offence Act;

"licensee" includes a former licensee and a charitable or religious organization that receives a contribution from the special account under

section 68;

"registrant" includes a former registrant.

Financial reporting requirements

(1) Every gaming event licensee, if required by the charitable gaming commission, must submit at the time or times determined by the charitable gaming commission, a financial statement in the form and with the content required by the charitable gaming commission, covering the licensee's activities during that financial year in relation to the licence.

(2) Every registered gaming services provider must submit annually to the director of GAIO, within 6 months after the end of each financial year of the registrant,

(

a) a financial statement in the form and with the content required by the director covering the registrant's activities during that financial year in relation to the registration,

(

b) if required by the director, a financial statement audited by an auditor approved by the director, and

(

c) any other information required by the director that he or she considers relevant.

Inspectors

(1) If satisfied as to the qualifications of a person recommended as an inspector, the director of GAIO, by written designation, may designate as an inspector

(

a) for the purposes of

Part 3, a person recommended by the racing commission,

(

b) for the purposes of

Part 4, a charitable gaming commission employee recommended by the charitable gaming commission, in relation to

(

i) lottery schemes conducted, managed or operated by or on behalf of the charitable gaming commission, and

(ii) gaming events conducted and managed by gaming event licensees, and

(

c) for the purposes of

Part 5, a lottery and casino corporation employee recommended by the lottery and casino corporation, in relation to lottery schemes conducted, managed or operated by or on behalf of the lottery and casino corporation.

(2) A person designated under subsection (1) as an inspector, may conduct inspections for the purposes of

(

a) Part 3, 4 or 5, as the case may be, in accordance with the person's designation,

(

b) assessing applications for licences or registration, as the case may be, and

(

c) monitoring compliance of licensees and registrants with this Act, the regulations, the rules and the conditions of licences and registration.

(3) A person's status as an inspector designated under this

section ceases if

(

a) the director of GAIO revokes the designation on grounds the director considers sufficient, or

(

b) the person ceases to be an employee of the charitable gaming commission or lottery and casino corporation, or ceases to be an employee or appointee of the racing commission.

Inspection powers

(1) For the purposes referred to in

section 101 (2), an inspector may

(

a) inspect gaming facilities, locations or premises,

(

b) require any person who has possession or control over any of the records or things of a licensee or registrant to produce the records and things,

(

c) take reasonable samples of gaming supplies,

(

d) inspect, audit and examine the records, things and samples,

(

e) remove any of the records for the purpose of making copies or extracts or otherwise recording or marking them for identification, and

(

f) remove any of the things or samples for the purpose of examination, analyses and testing or marking them for identification.

(2) A person who has custody or control of records or things that an inspector considers necessary for the inspection must produce all the records and things that the inspector may require for the purposes of this section.

(3) Subject to subsection (4), an inspector may enter at any reasonable time any business premises of a licensee or registrant or the premises at which the records or things referred in subsection (1) are kept.

(4) An inspector who under this

section removes records or things

(

a) may make copies of, take extracts from or otherwise record them,

(

b) must give a receipt for them to the person from whom they are taken,

(

c) must return them within a reasonable time, and

(

d) may return them with alterations reasonably necessary for the exercise of the powers conferred under subsection (1).

(5) The power to enter premises under subsection (3) must not be used without the consent of the occupier to enter a dwelling occupied as a residence.

Investigations by GAIO

(1) For the purposes referred to in

section 101 (2), GAIO, at the request of the authority, the racing commission or the charitable gaming commission, may conduct background investigations, including but not limited to criminal records checks and inquiries as to financial stability, of

(

a) applicants for licences,

(

b) licensees, and

(

c) directors, officers, employees or associates of

(

i) applicants for prescribed classes of licences, and

(ii) licensees in prescribed classes of licences.

(2) For the purposes referred to in

section 101 (2), GAIO, on its director's own initiative or at the request of the authority, the racing commission, the charitable gaming commission or the lottery and casino corporation, may conduct background investigations, including but not limited to criminal records checks and inquiries as to financial stability, of

(

a) applicants for registration,

(

b) registrants, and

(

c) directors, officers, employees or associates of

(

i) applicants for registration as gaming services providers, and

(ii) registered gaming services providers.

(3) On the director of GAIO's own initiative or at the request of the authority, the racing commission, the charitable gaming commission or the lottery and casino corporation, GAIO may, for the administration and enforcement of this Act, conduct gaming investigations, audits and compliance tests.

(4) In the conduct of an investigation under this section, the director of GAIO or a person employed in GAIO and designated by the director of GAIO has all the powers and duties that an inspector has under

section 102.

(5) The director of GAIO must report the results of investigations referred to in subsection (3)

(

a) to the Attorney General, if the results raise issues that the director considers to warrant the attention of the Attorney General,

(

b) if the investigation is undertaken at the request of the authority, the racing commission, the charitable gaming commission or the lottery and casino corporation, or if the director otherwise considers it appropriate to do so, to the authority, the racing commission, the charitable gaming commission or the lottery and casino corporation, or to more than one of them, and

(

c) if the investigation is undertaken by the director of GAIO at GAIO's own initiative and the investigation concerns the activities of a licensee or registrant, to the racing commission, the charitable gaming commission or the lottery and casino corporation, as the case may be, if the licensee is subject to a licence issued by the racing commission or the charitable gaming commission or the registrant is subject to the direction or control of the racing commission, the charitable gaming commission or the lottery and casino corporation.

Search of residence under warrant

(1) In addition to any other powers under this Part, the director of GAIO or a person authorized by the director, for the purposes referred to in

section 101 (2), may enter a dwelling occupied as a residence without the consent of the occupier, under the authority of a warrant issued under subsection (2).

(2) A justice may issue a warrant authorizing the director of GAIO or a person authorized by the director and, if appropriate, any peace officer that the director of GAIO may call on for assistance to enter a dwelling occupied as a residence in accordance with the warrant, for the purposes referred to in

section 101 (2), if the justice is satisfied by evidence on oath that there are in the place records or things that there are reasonable grounds to believe are relevant to the exercise of those powers.

Order to freeze property

(1) The director of GAIO may make one or more of the orders set out in subsection (2) (

a) to (

d) if the director of GAIO

(

a) believes on reasonable grounds that a person who is a racing licensee, gaming event licensee, gaming services provider or gaming worker has contravened

(

i) a requirement of this Act,

(ii) a requirement of the regulations of the Lieutenant Governor in Council under this Act,

(iii) a requirement of the rules under this Act of the racing commission, gaming commission or the lottery and casino corporation,

(iv) a condition of a horse racing licence or gaming event licence, or

(

v) a condition of registration as a gaming services provider or gaming worker

if the requirement or condition is in relation to the handling of, or accounting for, money derived from gaming events or horse racing,

(

b) believes on reasonable grounds that a person who is a racing licensee, gaming event licensee, gaming services provider or gaming worker is or will be insolvent or otherwise financially unstable and the insolvency or instability may result in a failure to account for money derived from gaming events or horse racing, or

(

c) criminal proceedings have been instituted are being instituted or about to be instituted that, in the director's opinion, involve the conduct of the affairs of the person.

(2) The orders referred to in subsection (1) are orders that require

(

a) a person having in British Columbia on deposit or under control or for safe keeping any assets of a person named in the order to hold the assets in trust,

(

b) a person named in the order not to withdraw any of the person's assets from the possession of another person named in the order having them on deposit, under control or for safe keeping,

(

c) a lessor, named in the order, of safety deposit boxes, safes or compartments in safes, not to permit the opening or removal of a safety deposit box, safe or compartment in a safe leased to a person named in the order, or

(

d) a person named in the order to hold the assets affected by the order in that person's possession, safekeeping or control in trust for an interim receiver, custodian, trustee, receiver manager, receiver or liquidator who has been appointed or whose appointment has been applied for under the Company Act, the Law and Equity Act, the Personal Property Security Act, the Supreme Court Act, the Bankruptcy and Insolvency Act (Canada) or the Winding-up Act (Canada).

(3) Particular assets affected by an order made under this

section continue to be affected by the order and remain frozen under it until

(

a) all of the assets are released because of a revocation under this

section of the order, or

(

b) an order is made under this

section releasing the particular assets.

(4) An order under this

section does not apply to assets in a stock exchange clearing house or to securities in process of transfer by a transfer agent unless the order expressly so states.

(5) If a bank, trust company or credit union is the holder of assets described in subsection (2) (

a) an order under that subsection applies only to offices, branches or agencies specified in the order.

(6) On the director of GAIO's own motion, or on the written application of a person named in or directly affected by an order under this section, the director of GAIO may

(

a) revoke an order made under this section, or

(

b) order the release of particular assets among the assets affected by an order under this section.

Order for compliance

106 If the director of GAIO considers that a person has not complied with an order made under this Act, the director of GAIO may apply to the Supreme Court for either or both of the following:

(

a) an order directing the person to comply with the order or restraining the person from violating the order;

(

b) an order directing the directors and officers of the person to cause the person to comply with or to cease violating the order,

and the Supreme Court may make an order it considers appropriate.

Video surveillance

107 The director of GAIO or a person authorized by the director, may place a gaming site under video surveillance to ascertain compliance with this Act, the rules or regulations.

Information to be provided to GAIO

(1) The authority, the racing commission, the charitable gaming commission and the lottery and casino corporation must provide to GAIO any information, records or things requested by GAIO that are relevant to an investigation or an investigative audit under this Act.

(2) The authority, the racing commission, the charitable gaming commission, the lottery and casino corporation and a registrant or licensee must notify GAIO immediately about any conduct, activity or incident occurring in connection with a gaming event or horse racing, if that body, registrant or licensee has reasonable grounds to believe that the conduct, activity or incident involves or involved

(

a) the commission of an offence under a provision of the Criminal Code that is relevant to a lottery event or horse racing, has been committed, or

(

b) the commission of an offence under this Act or the regulations.

Requirement to submit to audit, inspection or investigation

109 A person must not

(

a) obstruct or interfere with a person acting under the authority of this

Part in conducting an audit, inspection or investigation, or

(

b) withhold, destroy, tamper with, conceal or refuse to produce any information, record or thing that is required by the person conducting the audit, inspection or investigation.

Division 2 – Offences and Penalties

Prohibited activities

110 A person, other than the government or a person authorized under this Act, must not conduct, manage or operate a lottery scheme.

Unauthorized sale of lottery tickets prohibited

111 A person must not sell, offer for sale, purchase for resale, or do anything in furtherance of selling, offering for sale or purchasing for resale, any lottery ticket, whether it originates inside or outside of British Columbia, unless the person is

(

a) the lottery and casino corporation,

(

b) a person authorized by the lottery and casino corporation, or

(

c) a licensee under the conditions of a licence issued by the charitable gaming commission.

Offences

(1) Section 5 of the Offence Act does not apply to this Act or to the regulations.

(2) A person commits an offence who

(

a) contravenes

section 18 (1), 25 (3), 26 (1) or (2), 94, 95, 102 (2), 109, 110 or 111,

(

b) makes a statement in a record filed or provided under this Act that is false or misleading with respect to a material fact or that omits to state a material fact, the omission of which makes the statement false or misleading,

(

c) contravenes

section 18 (2), 96 (1) or (2) or 100 (1) or (2), or

(

d) does not comply with a condition of a licence or registration.

(3) A person does not commit an offence under subsection (2) (

b) if at the time of the statement the person did not know that the statement was false or misleading and, exercising due diligence, could not have known that the statement was false or misleading.

(4) If a corporation commits an offence under this Act, an employee, officer, director or agent of the corporation who authorizes, permits or acquiesces in the offence commits the same offence whether or not the corporation is convicted of the offence.

Penalties

(1) A person who commits any offence under

section 112 (2) (

a) or (

b) is liable,

(

a) in the case of a corporation on a first conviction, to a fine of not more than $100 000 and, on each subsequent conviction, to a fine of not more than $200 000, and

(

b) in the case of an individual

(

i) on a first conviction, to a fine of not more than $100 000 or to imprisonment for not more than 6 months or to both, and

(ii) on each subsequent conviction, to a fine of not more than $200 000 or to imprisonment for not more than 12 months or to both.

(2) A person who commits an offence under

section 112 (2) (

c) or (

d) is liable to a fine of not more than $5 000.

Division 3 – General

Remedies preserved

114 A proceeding, conviction or penalty for an offence under this Act does not relieve a person from any other liability.

Court order to comply

115 If a person is convicted of an offence under this Act or the regulations, then, in addition to any punishment the court may impose, the court may order the person to comply with the provisions of this Act or the regulations.

Responsibility of directors, officers and partners

(1) If a corporation is a licensee or registrant and a duty is imposed under this Act on the licensee or registrant, the duty is also imposed on each director or officer of the corporation.

(2) If a partnership is a licensee or registrant and a duty is imposed under this Act on the licensee or registrant, the duty is also imposed on each partner or officer of the partnership.

Limitation period

117 Proceedings under this Act or the regulations must not be commenced more tha