This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Ticket Lottery Regulations

made under

Section 127 of the

Gaming Control Act

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

O.I.C. 95-260 (effective May 31, 1995), N.S. Reg. 41/95

as amended to O.I.C. 2018-107 (effective April 10, 2018), N.S. Reg. 63/2018

Table of Contents

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

Click here to go to the text of the regulations .

Citation

Definitions

Licences and permits

Fees

Suspension or cancellation

Advertising

Rules

Conduct and management

Inspectors and auditors

Collection

Offences

Citation

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

Definitions

2 In these regulations

“accountant” means

(

i) a public accountant within the meaning of the Public Accountants Act , or

(ii) a person who provides services in the nature of the investigation or audit

of accounting records, the preparation of balance sheets, profit and loss

statements and financial statements, bookkeeping, cost accounting,

budget preparation, payroll preparation, preparation of tax returns and

account reconciliation,

but does not include the services of any such public accountant or other such person

acting as a liquidator, receiver, receiver-manager, trustee in bankruptcy or other like

person;

“Act” means the Gaming Control Act ;

“advertising” means any form of notice, the apparent purpose of which is to convey

information to the public in and by newspaper or other printed publication, poster,

circular notice, radio, television or any other form or medium of public

communication;

“business day” means any working day when banks are open to conduct business in

the Province;

“charitable, religious or community objects or purposes” means objects or purposes

for

(

i) the alleviation of poverty or the consequences of poverty,

(ii) education including the advancement of literacy,

(iii) the furthering of religious or societal values, or

(iv) any other purposes beneficial to the community;

“charitable or religious organization” includes an organization that performs acts in

furtherance of charitable, religious or community objects or purposes without profit

or personal financial gain to its members;

“documents” means money, securities, books, records, letters, telegrams, vouchers,

invoices, deposit slips, accounts, bank and trust and loan company statements,

receipts, computer tapes and discs and records and statements, including financial

statements, whether original, copy or facsimile and whether computerized or not;

“draw” means the determination by lot of the winner or winners of a ticket lottery;

“expenses” means all expenses incurred in the conduct and management of a ticket

lottery;

“gross receipts” means the total revenue derived from all sources in the conduct and

management of a ticket lottery;

“house rules” means the written rules made by a licensee, in addition to these

regulations, for the purpose of the conduct and management of a ticket lottery;

“inspectors or auditors” means inspectors or auditors appointed pursuant to the Act

or these regulations, members of the Royal Canadian Mounted Police or members of

a municipal police force within the meaning of the regulations made pursuant to the

Police Act ;

“licence” means a licence issued pursuant to these regulations to conduct and

manage a ticket lottery offering a prize or prizes valued at or in excess of $4000.01

in total;

“licensee” means a person holding a licence or permit issued by the Executive

Director pursuant to these regulations;

“money” includes negotiable instruments;

“net receipts” means gross receipts less expenses;

“permit” means a permit issued under these regulations to conduct and manage a

ticket lottery offering a prize or prizes valued at or less than $4000 in total;

“purchaser” means any person who acquires a ticket at a sale in the Province for use

of the purchaser or for use by other persons at the expense of the purchaser or on

behalf of or as agent for a principal who desires to acquire such ticket at the expense

of the purchaser;

“sale” means a transfer of title whereby at a price in money paid by a purchaser to a

vendor, a vendor delivers to a purchaser a ticket for a ticket lottery;

“sport pool” means a ticket raffle, the winning of which is based on the results of a

series of sporting events;

“ticket lottery” means a lottery scheme for which a licence or permit has been issued

pursuant to these regulations and by which a prize comprised of an

article of value or

cash or both, or reward of any kind, is awarded or disposed of by selling to a number

of persons, for a fraction of the value of the prize, a chance of winning the prize, any

winner being determined by lot.

Licences and permits

(1) The Executive Director may, upon application by a person, issue a licence or permit

to such person to conduct and manage a ticket lottery, provided that the applicant

undertakes in the application that the total net receipts from ticket sales will be used

for charitable, religious or community objects or purposes.

(2) Tickets having a selling price of $5 or more per ticket shall be sold individually for

the price indicated and no discounted prices are permitted in respect of the sale of

more than one ticket per sale to a purchaser, unless two separate and distinct sets of

tickets are used or another method for ensuring financial accountability is established

that is satisfactory to the Executive Director.

(1) An applicant for a licence shall state on the application the

(

a) name and address of the applicant;

(

b) exact location, date and time of the draw;

(

c) start date and finish date of the ticket lottery;

(

d) number of draws;

(

e) number of tickets printed;

(

f) price per ticket or group of tickets;

(

g) description of the prize;

(

h) prize value;

(

i) geographical area in the Province in which tickets will be sold and money

expended from their sale;

(

j) names, addresses and telephone numbers of two authorized representatives of

the applicant who shall be the same two representatives who sign the

application on behalf of the applicant;

(

k) procedures respecting how the draw is to be conducted and the winners

determined; and

(

l) the charitable or religious objects or purposes of the ticket lottery.

(2) An applicant for a permit shall state on the application the

(

a) name and address of the applicant;

(

b) exact location, date and time of the draw;

(

c) description of the prize;

(

d) total prize value;

(

e) number of tickets to be printed;

(

f) price per ticket or group of tickets;

(

g) name, address and telephone number of one authorized representative of the

applicant who shall be the representative who signs the application on behalf of

the applicant; and

(

h) the charitable or religious objects or purposes that will be advanced by the

ticket lottery.

(3) Unless an exemption is granted by the Executive Director, a licensee shall indicate

on each ticket

(

a) the name and address of the licensee;

(

b) the words “licensed by Service Nova Scotia” together with the assigned licence

or permit number;

(

c) the price per ticket or group of tickets;

(

d) a description of the prize;

(

e) the exact location, date and time of the draw; and

(

f) any house rules or restrictions respecting the conduct and management of the

ticket lottery.

(4) A licensee shall forward to the Executive Director

(

a) respecting a 1-day licence, within 30 days after the date on which the licence

expires; and

(

b) respecting a licence valid for a period greater than 1 day, within 30 calendar

days after the last business day of each calendar month during such period,

commencing with the month in which the licence is issued,

a specimen ticket together with a report showing

(

i) the number of tickets printed,

(ii) the number of tickets sold,

(iii) the number of tickets unsold,

(iv) the price per ticket or group of tickets,

(

v) the gross receipts from ticket sales,

(vi) the total expenses,

(vii) the total value of a prize awarded, and

(viii) a complete list of all prizes awarded and the names, addresses and

telephone numbers of the winners.

5 Wages, salaries and other expenses paid by a licensee, either directly or indirectly, for

selling tickets and for conducting, managing or assisting in the conduct or management of

a ticket lottery may be deducted from the gross receipts, provided that such wages, salaries

and other expenses are fair and reasonable as determined by the Executive Director and

have been disclosed on the application form.

Fees

(1) The Executive Director may make a value determination of any prizes awarded by a

licensee and thereupon the value for the purpose of these regulations shall be as

determined by the Executive Director.

(2) A licensee shall pay to the Department a fee equal to 2.13% of the value of all prizes

awarded in the ticket lottery authorized by the licence.

7 A licensee shall forward to the Executive Director fees payable under

Section 6 by a

cheque or similar instrument made payable to the Department and enclosed with the report

required to be filed with the Executive Director under subsection 4(4).

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

(2) A licence or permit issued under these regulations is not transferable or assignable.

or permit as it considers necessary or desirable for the public interest and for the proper

administration of these regulations.

Suspension or cancellation

10 The Executive Director may suspend or cancel a licence or permit where

(

a) a licensee contravenes any requirement of the application or breaches any of

the terms or conditions of the licence or any provision of the Act or these

regulations; or

(

b) the Executive Director determines that it is in the public interest to suspend or

cancel the licence or permit.

11 A licence or permit may be issued for a day or for a period not exceeding 3 years.

12 Every application, report, licence or permit referred to in the regulations shall be in such

form as the Executive Director may from time to time approve or prescribe.

Advertising

(1) No licensee shall in any way engage in advertising, or permit anyone with whom the

licensee contracts to engage in advertising that

(

a) implies ticket lotteries promote or are required for social acceptance, personal

or financial success or the resolution of any economic, social or personal

problems;

(

b) contains endorsements by well-known personalities that suggest playing ticket

lotteries contributed to their success; or

(

c) compares playing ticket lotteries to other forms of gaming in Nova Scotia.

(2) All ticket lottery advertisements shall state, in size and form approved by the

Executive Director,

(

a) the name of the licensee;

(

b) the date, time and place of the ticket draw; and

(

c) the current lottery licence or permit number and the year issued by the

Executive Director,

and shall clearly state the total cash value of prizes to be awarded.

(3) At the request of the Executive Director, a licensee shall provide the Executive

Director with samples of advertising and promotional materials to be used in

connection with a ticket lottery for approval by the Executive Director.

(4) A licensee shall not insert an advertisement in any publication which reserves a

space or spaces for a ticket purchaser to place any name, address or telephone

number that can be extracted from the advertisement and forwarded to the licensee in

the original or duplicated form to be used as an entry in a licensed ticket lottery

draw.

(5) Ticket lotteries licensed by the Executive Director shall not be advertised outside the

Province nor shall tickets be sold outside the Province.

(6) No lottery ticket originating outside the Province or primarily for the benefit of

charitable, religious or community objects or purposes outside the Province shall be

sold in the Province.

Rules

(1) A licensee may establish house rules, not inconsistent with these regulations or the

conduct and management of ticket lotteries.

(2) A licensee shall

(

a) make available to any purchaser on request, all house rules established

pursuant to subsection (1); and

(

b) read the house rules aloud immediately prior to the draw.

(3) House rules governing the operation of a draw must include, but are not restricted to,

a description of

(

a) the exact location of the draw;

(

b) the procedures respecting how the draw is to be conducted and how winners

are to be determined;

(

c) restrictions, if any, regarding the purchase of tickets by members of any

sponsoring organization and their families;

(

d) the minimum number of tickets which must be sold before either

(

i) a draw date extension will be requested, or

(ii) the draw will be cancelled;

(

e) the order in which the prizes will be awarded;

(

f) the circumstances in which cash in lieu of prizes will be offered; and

(

g) the procedure to be followed if the winner cannot be located.

(1) Every draw shall be conducted by the licensee in public, in the presence of at least 3

persons at the time and place indicated on the application.

(2) In the case of a sport pool, entries must be opened, recorded and witnessed by a

panel established by the licensee consisting of at least 3 persons for the purpose of

verifying participation in and winners of the ticket lottery.

(3) Only entries received by the deadline date established by the licensee shall be

eligible to participate in a ticket lottery.

(4) Where the identity of a prize winner is known upon completion of a draw, the

licensee shall contact the prize winner immediately in person or by telephone and

inform the prize winner of the result of the draw.

(5) Where the holder of a ticket is required to be present at a ticket lottery draw, this

requirement must be printed on the ticket and must be contained in the house rules.

(6) A second draw must be made for prizes unclaimed after 90 days following the

original draw date and this requirement must be printed on the ticket and must be

contained in the house rules.

16 A licence or permit may limit the geographical area and time period within which lottery

tickets may be sold.

17 No licensee shall permit the dispensing of lottery tickets by means of a machine unless

authorized by the Executive Director.

(1) Prizes shall be awarded by the licensee at the time, place and in the manner stated in

the application filed by the licensee pursuant to subsection 4(1).

(2) No licensee shall reschedule any draw date or cancel a ticket lottery without the prior

written approval of the Executive Director.

(3) The Executive Director may require an applicant to deposit with the Executive

Director, a bond or other security satisfactory to the Executive Director in such

amount as may be determined by the Executive Director which shall not in any case

be greater than 6 times the value of the prizes to be awarded to ensure that the prizes

are available to the winners upon completion of the lottery.

19 If the licensee is a charitable or religious organization, it shall conduct a ticket lottery in the

geographical location set out in the application and authorized in the licence.

Conduct and management

(1) Only personnel under the supervision of the licensee shall conduct, manage or assist

in the conduct or management of a ticket lottery.

(2) Only the licensee shall

(

a) conduct and manage a ticket lottery and handle cash transactions in relation

thereto; and

(

b) be responsible for advertising or promoting the ticket lottery.

(3) A person convicted of any criminal offence, for which such person did not receive a

pardon, shall not be involved in any manner or capacity in the conduct and

management of any ticket lottery, unless the Executive Director considers on review,

that the involvement of such person would not bring the conduct and management of

such ticket lottery into disrepute.

(4) The conduct and management of a ticket lottery and draw shall not be delegated to

any organization or to any person who is not a member of the licensee.

(5) A commission for selling tickets may be paid to a charitable or religious

organization if the intention to do so is stated in the application for the licence or

permit.

Inspectors and auditors

(1) The Minister may appoint inspectors or auditors for the administration of these

regulations.

(2) Inspectors or auditors shall have the power to inquire into the conduct and

management of a ticket lottery and shall advise the Executive Director of the results

of their inquiries.

(3) Inspectors or auditors may enter at any reasonable time, on or about the premises

occupied by any licensee or the premises where the records of the licensee are kept

or believed to be kept, to determine whether the Act and these regulations are being

and have been complied with or to inspect, audit and examine books of account and

documents.

(4) The person occupying the premises referred to in subsection (3) shall answer all

questions posed by the inspectors or auditors and shall produce such books of

account and documents as may be required.

(5) All records relating to the conduct and operation of a ticket lottery shall be retained

by the licensee for a least 3 years after the expiration of the licence period unless

their destruction at an earlier date is expressly authorized in writing by the Executive

Director.

(6) A licensee holding a licence having a term of 90 days or more shall submit a

financial statement to the Executive Director with each application for the renewal of

such licence and the Executive Director may require the applicant, at the expense of

the applicant, to submit such statement in the form of an independent audit of the

financial affairs of the applicant conducted by an accountant.

Collection

22 Any amounts that are due and payable to the Department pursuant to the Act or the

regulations may be recovered by action in any court of competent jurisdiction as a debt due

to the Department and the court may make an Order as to the costs of such action.

Offences

23 Every person who contravenes a provision of these regulations is guilty of an offence and

is liable, on

summary conviction, to a fine of not more than $3000 and, in default of

payment, to imprisonment for a term not exceeding 6 months.

Legislative History

Reference Tables

Ticket Lottery Regulations

N.S. Reg. 41/1995

Gaming Control Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the

Ticket Lottery Regulations made under the Gaming Control Act includes all of the following

regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

41/1995

May

31, 1995

date

specified

Apr

28, 1995

6/2002

Jan

11, 2002

date

specified

Jan

25, 2002

77/2004

Apr 1,

date

specified

Apr 6,

16/2018

Jan

23, 2018

date

specified

Feb 2,

63/2018

Apr

10, 2018

date

specified

Apr

27, 2018

The

following regulations are not yet in force and are not included in the

current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

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

am.

16/2018 (clause letters removed)

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

rep. 16/2018

2, defn. of “licensee” ........................

am. 16/2018

2, defn. of “licence” .........................

am. 63/2018 4

2, defn. of “permit” ..........................

am. 63/2018 4

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

am. 16/2018

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

am. 16/2018

4(3)(b) ...............................................

am. 16/2018

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

am. 16/2018

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

am. 16/2018

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

fc. 77/2004; am. 16/2018

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

rs. 16/2018

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

am. 16/2018

9-10 ...................................................

am. 16/2018

11 ......................................................

am. 6/2002

12 ......................................................

am. 16/2018

13(2)-(3) ..........................................

am. 16/2018

13(5) ................................................

am. 16/2018

17-18 .................................................

am. 16/2018

20(3) .................................................

am. 16/2018

21(1)-(2) ...........................................

am. 16/2018

21(5)-(6) ...........................................

am. 16/2018

22 ......................................................

am. 16/2018

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

T he Nova Scotia Gaming Control Commission and the Liquor License Board,

referred to in ss. 2(

g) and 4(3)(

b) are amalgamated as the Alcohol and Gaming

Authority by O.I.C. 97-470 under the Gaming Control Act , S.N.S.

1984-95, c. 4, the Liquor Control Act , R.S.N.S. 1989, c. 260, the Theatres

and Amusements Act , R.S.N.S. 1989, c. 466 and the

Interpretation Act ,

R.S.N.S. 1989, c. 235.

(corrected by N.S. Reg. 14/2008, which removed or

replaced all references to the Commission to reflect amendments to the Act

made by S.N.S. 2011, c. 63, proclaimed in force by N.S. Reg. 10/2018)

Jul 15, 1997

Amendments made by N.S. Reg. 63/2018 cited repealed

clause letters in

Section 2.

Apr 10, 2018

The Public Accountants Act referred to in s. 2

is repealed by s. 34 of the Financial Measures

(2019) Act , S.N.S.

2019, c. 4. Refer to the Chartered

Professional Accountants Act , S.N.S. 2015, c. 55 for continued licensing

of public accountants.

Sep 1, 2019

Amending instructions in N.S. Reg 63/2018 specify

amendments to clauses 2(

n) and (r), which do not exist; amendments made to the

definitions of “licence” and “permit” for the purposes of this consolidation.

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of

regulations on this subject matter.