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Part II .

Regulations are amended frequently.

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Interprovincial Ticket Lotteries Regulations

made under

Section 127 of the

Gaming Control Act

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

O.I.C. 2024-43 (effective February 9, 2024), N.S. Reg. 29/2024

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

Recognized organization

Interprovincial ticket lottery licence

Exception to Ticket Lottery Regulations

Interprovincial agreement

Licence application

Applicant to deposit bond

Form of application, report or licence

Term of licence

Licence is not transferable

Limit to time period for ticket sales

Suspension or cancellation of licence

Lottery ticket requirements

House rules

Designated goods and services

Registered charitable gaming operating equipment suppliers

Charitable gaming operating equipment supplier registration or renewal

Charitable gaming operating equipment

Fees

Allowable amounts

Advertising

Age restrictions

Reports

Account

Records

Administration

Appendix A List of Recognized Organizations

Citation

1 These regulations may be cited as the Interprovincial Ticket Lotteries Regulations .

Definitions

2 In these regulations,

“Act” means the Gaming Control Act ;

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

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

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

communication;

“charitable gaming operating equipment” means any materials, machines, websites,

computer software or related items used in a ticket lottery to

(

i) sell lottery tickets in the Province,

(ii) account for sales in the Province,

(iii) facilitate the selection of winners in a draw for which purchasers in

the Province are eligible, or

(iv) pay prizes for which purchasers in the Province are eligible;

“charitable or religious organization” means a charitable or religious organization

under paragraph 207(1)(

b) of the Criminal Code (Canada) that performs acts in

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

or personal financial gain to its members;

“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;

“conduct and manage” includes advertising, marketing, offering for sale, selling or

attempting to sell lottery tickets in relation to a ticket lottery;

“Department” means the Department of Service Nova Scotia;

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

“gross sales” means the total amount of money received by the licensee from all

sources in the conduct and management of a ticket lottery scheme in all provinces

operating the scheme;

“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 under 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 under the

Police Act ;

“interprovincial agreement” means an agreement between the Province and the

government of another province as referenced in subsection 207(1) of the Criminal

Code (Canada) that meets the requirements in

Section 6;

“licensee” means a person who is a recognized organization and holds a licence

issued by the Executive Director under these regulations;

“lottery ticket” means a ticket in relation to a ticket lottery that is licensed under

these regulations;

“net proceeds” means the amount of money raised by the licensee for sales in the

Province after deducting the allowable expense amount in accordance with

subsection 22(1);

“operating expenses” means all expenses incurred, directly or indirectly, in the

conduct and management of the scheme by the licensee in all provinces operating a

ticket lottery scheme, including licensing and other associated government fees,

wages, salaries and prize costs;

“Province” means the Province of Nova Scotia;

“purchaser” means any person who acquires a lottery ticket through a sale 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 that lottery ticket at the

expense of the purchaser;

“recognized organization” means a charitable or religious organization that is

recognized by the Governor in Council as eligible to apply for a licence and

included on the list in Appendix A;

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

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

“sales in the Province” means the total money received by the licensee for a ticket

lottery from all sources within the Province;

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

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.

Recognized organization

3 A religious or charitable organization located outside of the province may be a

recognized organization if the Governor in Council is satisfied all of the following

conditions are met:

(

a) the charitable or religious organization has not been convicted of a breach of

a gaming or fraud provision under the Criminal Code (Canada);

(

b) the operation of the proposed ticket lottery by the organization does not

unfairly advantage or disadvantage any charitable or religious organization

operating an authorized lottery scheme in the Province;

(

c) the operation of a ticket lottery by the organization within the Province is in

the public interest.

Interprovincial ticket lottery licence

4 Upon application by a recognized organization, the Executive Director may issue a

licence to that recognized organization to conduct and manage in the Province a lottery

scheme that is authorized to be conducted and managed in 1 or more other provinces,

provided that all of the following conditions are met:

(

a) there is a current interprovincial agreement for the recognized organization

with the government of the province where the lottery scheme was first

authorized to be conducted and managed;

(

b) the applicant undertakes in the application that the net proceeds from lottery

ticket sales originating in the Province will be used for charitable, religious

or community objects or purposes in the Province;

(

c) the Executive Director is satisfied that the ticket lottery will be conducted

and managed with honesty, integrity and in the public interest as it relates to

purchasers in the Province, and, except in the case of a registered charitable

gaming operating equipment supplier providing charitable gaming operating

equipment to a licensee under these regulations, the Executive Director

must consider all of the following factors:

(

i) whether only personnel under the supervision of the licensee will

conduct, manage or assist in the conduct or management of the ticket

lottery in the Province,

(ii) whether only the licensee will be responsible for advertising or

promoting the ticket lottery in the Province,

(iii) whether any person convicted of any criminal offence, for which that

person did not receive a pardon, will be involved in any manner or

capacity in the conduct and management of the ticket lottery in the

Province, and, if so, whether the Executive Director considers on

review, that the involvement of that person would not bring the

conduct and management of the ticket lottery into disrepute,

(iv) whether the conduct and management of the ticket lottery in the

Province and draws for which purchasers in the Province are eligible

will be delegated to any organization or to any person who is not a

member of the licensee;

(

d) the Executive Director is satisfied that the applicant has established house

rules for the ticket lottery that

(

i) are not inconsistent with the interprovincial agreement, these

the licensee, and

(ii) otherwise satisfy the Executive Director that the ticket lottery is being

conducted with honesty, integrity and in the public interest as it

relates to purchasers in the Province.

Exception to Ticket Lottery Regulations

(1) Despite subsections 13(5) and 13(6) of the Ticket Lottery Regulations made under

the Act, a licensee may do any of the following:

(

a) advertise and sell in the Province lottery tickets originating outside the

Province or primarily for the benefit of charitable, religious or community

objects or purposes outside the Province;

(

b) advertise and sell lottery tickets outside the Province.

(2) Nothing in subsection (1) permits a licensee to use proceeds from lottery ticket

sales originating in the Province for the benefit of charitable, religious or

community objects or purposes outside the Province.

Interprovincial agreement

(1) An interprovincial agreement must meet all of the following requirements:

(

a) it relates to a lottery scheme that is authorized to be conducted and managed

in another province under paragraph 207(1)(

b) of the Criminal Code

(Canada);

(

b) it allows for the lots, cards or tickets of a lottery scheme authorized in that

other province to be sold in the Province under subsection 207(1) of the

Criminal Code (Canada);

(

c) it contains provisions the Governor in Council considers reasonably

necessary to safeguard purchasers in the Province, including procedures

relating to auditing, enforcement, oversight, record-keeping and fair access

to funds raised or prizes.

(2) An interprovincial agreement must include all of the following:

(

a) the consent of the authority in the other province that first authorized the

conduct and management of the lottery scheme, pursuant to paragraph

207(1)(

f) of the Criminal Code (Canada), to the lottery scheme being

conducted and managed in the Province under a Nova Scotia licence;

(

b) terms, conditions and obligations that the consent in clause (

a) is conditional

upon;

(

c) it states that the charitable or religious organization must be recognized by

the Governor in Council before operating the ticket lottery scheme in the

Province;

(

d) it states that the charitable or religious organization must apply for and

obtain a licence before operating the ticket lottery scheme in the Province;

(

e) a procedure for the Executive Director and the authority having jurisdiction

in the other province to follow if a winner for the lottery is not located or a

prize is otherwise unclaimed after a specified period of time.

Licence application

(1) A recognized organization must apply for and obtain a licence before it may

operate a lottery in the Province.

(2) All of the following information must be stated on a licence application:

(

a) the name and address of the applicant;

(

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

(

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

(

d) the number of draws;

(

e) the number of tickets printed;

(

f) the price per ticket or group of tickets;

(

g) a description of the prize;

(

h) the prize value;

(

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

expended from their sale;

(

j) the names, addresses and telephone numbers of 2 authorized representatives

of the applicant who must be the same 2 representatives who sign the

application on behalf of the applicant;

(

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

determined;

(

l) any information required by the Executive Director relating to the

applicant’s status and authorization to conduct and manage the lottery

scheme in

(

i) the province in which the applicant was first authorized to conduct

and manage the lottery scheme, or

(ii) any other province;

(

m) the charitable, religious or community objects or purposes of the ticket

lottery.

Applicant to deposit bond

8 The Executive Director may require an applicant to deposit with the Executive Director a

bond or other security satisfactory to the Executive Director in the form and manner and

in an amount determined by the Executive Director in consideration of the anticipated

value of proceeds from the sale of lottery tickets in the Province to ensure that the bond

or security amount may be available, in the Executive Director’s sole discretion, to any

purchasers in the Province upon completion of the ticket lottery.

Form of application, report or licence

9 An application, report or licence referred to in these regulations must be in the form the

Executive Director approves or prescribes.

(1) A licence issued by the Executive Director under these regulations must include all

of the following conditions:

(

a) the licensee must not offer an encumbered prize in a ticket lottery;

(

b) the licensee must make prizes available to purchasers in the Province who

win the draw without additional costs, fees or other expenses imposed on

the purchaser.

licence as the Executive Director considers necessary or desirable for the public

interest and the proper administration of these regulations.

Term of licence

11 A licence may be issued for 1 day or for a period not exceeding 1 year.

Licence is not transferable

12 A licence issued under these regulations is not transferable or assignable.

Limit to time period for ticket sales

13 A licence may limit the time period within which lottery tickets may be advertised or

sold in the Province.

Suspension or cancellation of licence

14 The Executive Director may suspend or cancel a licence held by a recognized

organization in any of the following circumstances:

(

a) the 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;

(

b) the licensee’s authorization in the province in which the lottery scheme was

first authorized to be conducted or managed is suspended, has been

cancelled or has expired;

(

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

or cancel the licence.

Lottery ticket requirements

15 The Executive Director may establish requirements for each lottery ticket originating

outside the Province that is advertised or sold in the Province, including that a licensee

indicate any of the following information on each ticket:

(

a) the name and address of the licensee;

(

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

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;

(

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

the ticket lottery.

House rules

16 A licensee must make the licensee’s house rules available to any prospective purchaser

in the Province on request.

Designated goods and services

17 For the purposes of

Part II of the Act, charitable gaming operating equipment is

designated goods and services when supplied to a licensee to facilitate the sale of lottery

tickets in the Province.

Registered charitable gaming operating equipment suppliers

18 (1) “Charitable gaming operating equipment supplier” is established as a class of

suppliers for the purposes of registration as a registered supplier under the Act.

(2) Only a registered charitable gaming operating equipment supplier may provide

charitable gaming operating equipment to a licensee to facilitate the sale of lottery

tickets in the Province.

Charitable gaming operating equipment supplier registration or renewal

(1) An application for registration or renewal of registration as a charitable gaming

operating equipment supplier must be in a form provided by the Director of

Registration and must be accompanied by a fee of $272.45.

(2) For the purposes of registration or renewal of registration under this Section, the

Director of Registration may accept proof of registration from another province

that is party to an interprovincial agreement, if the proof is acceptable to the

Director of Registration.

(3) A registration granted or renewed under this

Section expires 1 year from the date

set out on the certificate of registration.

Charitable gaming operating equipment

(1) The Executive Director may establish technical standards for charitable gaming

operating equipment and policies respecting the use of charitable gaming operating

equipment by licensees and registered charitable gaming operating equipment

suppliers.

(2) A registered charitable gaming operating equipment supplier must not sell or lease

charitable gaming operating equipment unless

(

a) the equipment meets the applicable technical standard for the equipment; or

(

b) if no applicable technical standard has been established for the equipment,

the equipment is approved by the Executive Director for use in a lottery

scheme.

(3) A licensee must not use charitable gaming operating equipment in a lottery scheme

unless

(

a) the equipment meets the applicable technical standard for the equipment; or

(

b) if no applicable technical standard has been established for the equipment,

the equipment is approved by the Executive Director for use in a lottery

scheme.

Fees

(1) A licensee must pay a fee to the Department, in the form and manner determined

by the Executive Director, not exceeding 1.0% of sales in the Province.

(2) The fee payable under this

Section is not refundable.

Allowable amounts

(1) The allowable expense amount that can be attributed to sales in the Province is

calculated in accordance with the following formula:

allowable expense amount = OE × NS/G

in which

OE = operating expenses

NS = sales in the Province

G = gross sales.

(2) The total fees paid by a licensee to a charitable gaming operating equipment

supplier for the operation of a ticket lottery in the Province must not be greater

than 15% of the amount obtained by deducting the allowable prize value amount

calculated under subsection (3) from sales in the Province.

(3) The allowable prize value amount that can be attributed to the Province is

calculated in accordance with the following formula:

allowable prize value amount = TP × NS/G

in which

TP = total retail value of prizes

NS = sales in the Province

G = gross sales.

(4) The net proceeds of a ticket lottery must be spent for charitable, religious or

community objects or purposes in the Province.

Advertising

(1) A licensee must not in any way engage in advertising in the Province, or permit

anyone with whom the licensee contracts to engage in advertising in the Province,

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 the Province.

(2) A ticket lottery advertisement in the Province must state the total cash value of

prizes to be awarded.

(3) The Executive Director may require that a ticket lottery advertisement in the

Province state any of the following information, in the size and form approved by

the Executive Director:

(

a) the name of the licensee;

(

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

(

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

Executive Director.

(4) At the request of the Executive Director, a licensee must provide the Executive

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

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

Age restrictions

24 The Executive Director may establish age restrictions for lottery ticket purchasers in the

Province.

Reports

25 Upon request by the Executive Director, a licensee must submit to the Executive

Director a report, in the form and manner determined by the Executive Director,

respecting any matter under the Act or regulations, including how the net proceeds from

lottery ticket sales originating in the Province have been spent in the Province.

Account

26 The Executive Director may require a licensee to maintain and use, at a deposit-taking

financial institution within the Province, a separate account for the purposes of

depositing and administering all money received from lottery ticket sales originating in

the Province.

Records

(1) A licensee must keep in the Province records relating to the sale of lottery tickets

in the Province, unless the licensee provides an alternative method to produce the

records in the Province that is approved by the Executive Director, and must

provide them to the Executive Director upon request.

(2) The records required under subsection (1) must be retained by the licensee for at

least 3 years after the licence period expires unless the Executive Director

expressly authorizes in writing the destruction of the records at an earlier date.

Administration

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

regulations.

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

of a ticket lottery in relation to purchasers in the Province and must advise the

Executive Director of the results of their inquiries.

Appendix A

List of Recognized Organizations

Recognized Organization

Applicable Interprovincial Agreement

Jays Care Foundation

Memorandum of Understanding between the Province of

Nova Scotia, as represented by the Minister of Service

Nova Scotia, and the Ontario Alcohol and Gaming

Commission (dated 2024)

Legislative History

Reference Tables

Interprovincial Ticket Lotteries Regulations

N.S. Reg.

29/2024

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 Interprovincial Ticket Lotteries 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

29/2024

Feb 9, 2024

date specified

Feb 23, 2024

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

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

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.