First

Session, 50th General Assembly

Elizabeth II, 2021

BILL 18

AN ACT TO AMEND THE

LOTTERIES ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE SIOBHAN

COADY

Minister of Finance

and President of Treasury Board

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Lotteries

Act to

add a definition of minister;

replace all references to

"Minister of Justice" with the correct reference "Minister of

Justice and Public Safety";

provide immunity for the

government of the province, a minister, the Atlantic Lottery Corporation or any

person acting on behalf of the government of the province and their directors,

officers, employees or agents from causes of action for anything done or

omitted to be done under the Act or the regulations or in the performance of a

duty or exercise of a power related to lottery schemes;

allow a person, notwithstanding

the general immunity provision, to bring an action against the Atlantic Lottery

Corporation or any person acting on behalf of the government of the province or

a director, officer, employee or agent to recover losses suffered as a result

of a negligent act or omission by any of them in the performance of a duty or

exercise of a power related to lottery schemes but limit damages to

compensatory damages; and

prohibit an action for damages from

being instituted or continued under the Class

Actions Act or other representative proceeding.

A BILL

AN ACT TO AMEND THE LOTTERIES ACT

Analysis

S.2 R&S

Definitions

S.4 Amdt.

Licence

S.6.1 Added

Immunity

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1991 c53

as amended

Section 2 of the Lotteries Act is repealed and the following substituted:

Definitions

2. In

this Act

(a) "lottery scheme" means lottery

scheme permitted by virtue of the Criminal

Code ; and

(b) "minister" means a member of the

executive council.

Section 4 of the Act is amended by deleting the

reference "Minister of Justice" wherever it appears and substituting

the reference "Minister of Justice and Public Safety".

3. The Act is amended by adding immediately after

section 6 the following:

Immunity

6.1

(1) An

action or proceeding does not lie or shall not be instituted or continued

against the government of the province, a minister, the Atlantic Lottery

Corporation, any person acting on behalf of the government of the province or a

director, officer, employee or agent of any of them for anything done or

omitted to be done under this Act or the regulations or in the performance of a

duty or in the exercise or purported exercise of a power respecting lottery

schemes.

(2) Notwithstanding subsection (1), a person may

bring an action against the Atlantic Lottery Corporation or any person acting

on behalf of the government of the province or a director, officer, employee or

agent of any of them to recover damages in an amount equal to the loss or

damage proved to have been suffered by the person as a result of a negligent

act or omission of the Atlantic Lottery Corporation or other person acting on

behalf of the government of the province or a director, officer, employee or

agent of any of them in the performance of a duty or exercise of a power

respecting lottery schemes.

(3) The damages referred to in subsection (2) are

limited to compensatory damages and shall not include punitive damages or

exemplary damages.

(4) Notwithstanding any other law, an action for

damages referred to in subsection (2) shall not be instituted or continued

under the Class Actions Act or as a

part of any other representative proceeding.

Commencement

4. This Act is considered to have come into force

on February 21, 1992.

Queen's Printer