iGaming Alberta Act

i GAMING ALBERTA ACT Chapter I-0.2 Table of Contents 1 Definitions 2 Establishment of corporation 3 Crown agent 4 Board 5 Duties and functions of board 6 Limitations on policies 7 Interim chief executive officer 8 Chief executive officer 9 Audit committee 10 Responsibility of directors and officers 11 Revenue and General Revenue Fund 12 Borrowing 13 Agreements 14 Access to reports and accounts 15 Crown liability 16 Corporate liability 17 Indemnities 18 Bylaws 19 Reports, records and information 20 Disclosure of personal information by corporation 21 Ministerial directives 22 Complying with directives 23 Regulations 24 Related amendments 25 Coming into force HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definitions 1 In this Act, (a) “board” means the board of directors appointed under section 4; (b) “corporation” means the corporation established by section 2; (c) “director” means a director of the board; (d) “electronic channel” means a website, an application, a downloadable program or another electronic transmission method; (e) “iGaming site” means an electronic channel maintained for the purpose of playing or operating a lottery scheme; (f) “lottery scheme” means a lottery scheme as defined in subsection 207(4) of the Criminal Code (Canada); (g) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (h) “online lottery scheme” means a lottery scheme offered through an iGaming site that is operated by an iGaming supplier registered under the Gaming, Liquor and Cannabis Act ; (i) “personal information” means personal information as defined in the Freedom of Information and Protection of Privacy Act . Establishment of corporation 2 (1) A corporation to be known as the Alberta iGaming Corporation, or by such other name as may be prescribed by the regulations, is established. (2) Subject to the regulations, the mandate of the corporation is (a) to develop, undertake, organize, conduct and manage online lottery schemes on behalf of the Government of Alberta, (b) to ensure that online lottery schemes are developed, undertaken, organized, conducted and managed in accordance with the Criminal Code (Canada) and the Gaming, Liquor and Cannabis Act , (c) subject to the Minister’s approval, to enter into agreements to develop, undertake, organize, conduct and manage online lottery schemes on behalf of, or in conjunction with, the governments of one or more provinces or territories of Canada or their agents, (d) to promote responsible gaming with respect to online lottery schemes, and (e) to carry out any other powers, duties and functions established by the regulations. (3) The corporation has the capacity and, subject to this Act and the regulations, the rights, powers and privileges of a natural person. (4) The share capital of the corporation consists of one share owned by the Crown. (5) The corporation must maintain its head office and principal place of business in Alberta. (6) The fiscal year of the corporation is April 1 to the following March 31. (7) The Auditor General is the auditor for the corporation. Crown agent 3 (1) The corporation is an agent of the Crown and may exercise its powers and perform its duties only as an agent of the Crown. (2) An action or other legal proceeding in respect of a right or obligation acquired or incurred by the corporation, whether in its name or in the name of the Crown, may be brought or taken by or against the corporation in the name of the corporation in any court that would have jurisdiction if the corporation were not an agent of the Crown. Board 4 (1) The corporation shall have a board consisting of not more than 7 directors appointed by the Minister. (2) The Minister shall designate one of the directors as chair and may designate another member as vice‑chair. (3) A vice‑chair has all the powers, duties and functions of the chair unless the designation of the vice‑chair provides otherwise. (4) A director ceases to hold office when (a) the director’s appointment expires, (b) the director’s appointment is terminated by the Minister, (c) the director is disqualified under the regulations, or (d) the director resigns. (5) Notwithstanding subsection (4)(a), a director continues to hold office after the expiry of the director’s term until whichever of the following occurs first: (a) a successor is appointed; (b) the director is reappointed; (c) 6 months have elapsed since the expiry of the director’s term. Duties and functions of board 5 (1) The board shall manage or supervise the management of the business and affairs of the corporation. (2) Without limiting the generality of subsection (1), the board is responsible for (a) overseeing the corporation’s financial affairs, (b) setting the corporation’s strategic direction, including the creation of business plans and annual reports, (c) establishing policies respecting the business and affairs of the corporation, and (d) ensuring that the powers and duties of the corporation are appropriately carried out. (3) Subject to the regulations, the board may delegate, on terms and conditions the board considers advisable, to a committee of the board, to any director, officer or employee of the corporation or to any other person any of the board’s powers, duties and functions except the power to (a) approve the corporation’s budget, including the budget for capital expenditures and staffing, (b) approve the corporation’s business plans and annual reports, (c) appoint or remove the chief executive officer under section 8, (d) approve the financial statements referred to in section 9, (e) make, amend or repeal board policies, or (f) make, amend or repeal bylaws or resolutions. Limitations on policies 6 The Minister may determine, by order, categories of policies that the board must not establish or that the board must submit to the Minister for approval prior to being established under section 5(2)(c). Interim chief executive officer 7 (1) The Minister may appoint an individual as interim chief executive officer for a maximum term of 2 years. (2) An interim chief executive officer ceases to hold office when one of the following occurs: (a) the interim chief executive officer’s term expires; (b) 2 years have elapsed since the date the Minister first appointed an interim chief executive officer under subsection (1). (3) The interim chief executive officer shall (a) exercise the powers and perform the duties and functions determined by the Minister, and (b) report to the board. (4) The interim chief executive officer may, on terms and conditions the interim chief executive officer considers advisable, delegate to any employee of the corporation or any other person any of the interim chief executive officer’s powers, duties or functions. (5) The interim chief executive officer may serve as the chair of the board of the corporation. (6) The power to appoint an interim chief executive officer under this section expires when one of the following occurs: (a) the Minister has authorized the board under section 8(1)(a) to appoint a chief executive officer; (b) 2 years have elapsed since the date the Minister first appointed an interim chief executive officer under subsection (1). (7) An individual appointed as interim chief executive officer may be appointed by the board as chief executive officer under section 8. Chief executive officer 8 (1) The board may appoint an individual as chief executive officer of the corporation (a) if the Minister has authorized the board in writing to do so during the period commencing with the coming into force of this Act and ending 2 years after the date the Minister first appointed an interim chief executive officer under section 7(1), or (b) 2 years after the date the Minister first appointed an interim chief executive officer under section 7(1), whichever occurs first. (2) The board may revoke the appointment of an individual appointed by the board as chief executive officer of the corporation. (3) The chief executive officer shall (a) exercise the powers and perform the duties and functions determined by the board, and (b) report to the board. (4) The chief executive officer may, on terms and conditions the chief executive officer considers advisable, delegate to any employee of the corporation or any other person any of the chief executive officer’s powers, duties or functions. Audit committee 9 The board shall appoint from its members an audit committee to (a) review the corporation’s financial statements and the auditor’s report and provide recommendations to the board prior to its approval of the corporation’s financial statements, (b) review the corporation’s internal audit and financial control policies, determine whether those policies are being complied with and report its findings to the board, and (c) carry out any other powers, duties and functions determined by the board. Responsibility of directors and officers 10 Every director and officer of the corporation, in exercising their powers and discharging duties, shall (a) act honestly and in good faith and with a view to the best interests of the corporation, and (b) exercise the care, diligence and skill that a reasonable and prudent person would exercise in comparable circumstances. Revenue and General Revenue Fund 11 (1) The corporation is required to transfer its surplus funds into the General Revenue Fund as directed by the Minister. (2) For the purposes of this section, the Minister may (a) determine the meaning of surplus funds, (b) determine the corporation’s surplus funds, and (c) require the corporation to provide any information the Minister considers necessary to determine those things. Borrowing 12 (1) The corporation may not borrow an amount of money of $500 000 or more unless the borrowing is approved by the Minister for any purpose the Minister considers appropriate. (2) Total borrowing by the corporation must not exceed a debt limit set by the Minister, if any. Agreements 13 The corporation may not enter into an agreement with any person in a manner that is contrary to the regulations, if any. Access to reports and accounts 14 (1) The corporation shall ensure that any person with whom it enters into an agreement to provide for the operation of an iGaming site, an online lottery scheme or a related business is required to make available to the corporation, immediately on its request, reports, accounts, records and other documents in respect of the operation of the site, scheme or business. (2) The corporation is authorized to indirectly collect personal information, if necessary, for the purposes of subsection (1). (3) A report, account, record or other document that a person may be required, under an agreement referred to in subsection (1), to make available to the corporation is deemed to form part of the records of the corporation for the purposes of the Auditor General Act . Crown liability 15 (1) No cause of action lies or shall be commenced against any current or former Minister, Deputy Minister, officer or employee of the Crown for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions. (2) Despite section 5(2) of the Proceedings Against the Crown Act , subsection (1) does not relieve the Crown of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1). (3) No cause of action lies or shall be commenced against the Crown or any person specified in subsection (1) for an act or omission of a person other than the Crown or a person specified in that subsection, if the act or omission is related, directly or indirectly, to the exercise or performance, or intended exercise or performance, of a power, duty or function under this Act. Corporate liability 16 (1) No cause of action lies or may be commenced against any current or former director, officer or employee of the corporation for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions. (2) Subsection (1) does not relieve the corporation of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1). Indemnities 17 (1) The corporation may, subject to the regulations, indemnify (a) a present or former director or officer of the corporation, (b) an employee or former employee of the corporation, (c) an individual who acts or acted at the corporation’s request as a director or officer, or in a similar capacity, of another entity, whether incorporated or unincorporated, of which the corporation or Crown is or was a direct or indirect security holder or creditor, or (d) the heirs and legal representatives of a person referred to in clause (a), (b) or (c) against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by that person with respect to a civil, criminal or administrative action or proceeding to which that person is made a party by reason of holding such a position if that person acted honestly, in good faith and with a view to the best interests of the corporation or, as the case may be, to the best interests of the other entity for which the individual acted as a director or officer or in a similar capacity at the corporation’s request, and in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, that person had reasonable grounds for believing that the conduct that is the subject of the action or proceeding was lawful. (2) An indemnity under subsection (1) must be (a) in writing, and (b) authorized by a resolution of the board. (3) The corporation shall not provide indemnities other than those (a) authorized by subsection (1), or (b) provided in accordance with the regulations. Bylaws 18 (1) Subject to the regulations, the board may make bylaws respecting the business and affairs of the corporation. (2) The board shall provide a copy of a bylaw to the Minister as soon as practicable after making the bylaw. Reports, records and information 19 (1) The corporation must, as soon as practicable after the end of each fiscal year, provide the Minister with a report that summarizes its operations during the last fiscal year and that contains (a) the audited financial statements of the corporation, (b) general information and remarks regarding the administration of this Act during the year, and (c) any other information that the corporation considers relevant or the Minister requests. (2) The Minister must lay a copy of the report before the Legislative Assembly if it is sitting, and if it is not sitting, within 15 days after the commencement of the next sitting. (3) The corporation shall, in addition to the report required under subsection (1), submit to the Minister any reports, records, accounts and other documents or information that the Minister considers necessary, at such time and in the form and manner as the Minister determines, including personal information. (4) The corporation shall allow the Minister or the Minister’s representative to (a) inspect and make copies of all reports, records, accounts and other documents of the corporation and, in the case of an electronic document, make or cause to be made a printout of the electronic document, and (b) otherwise review the operations of the corporation as the Minister considers necessary. (5) If the information disclosed under subsection (1) or (3), or contained in reports, records, accounts and other documents inspected or copied under subsection (4), is personal information, the Minister may only collect and use that personal information for (a) the purposes of reviewing and monitoring the operations of the corporation and ensuring the corporation is carrying out the purpose and intent of this Act and the regulations, (b) the purposes of administering this Act and the regulations, and (c) any other purpose authorized by the regulations. (6) If the information disclosed under subsection (1) or (3), or contained in reports, records, accounts and other documents inspected or copied under subsection (4), relates to labour relations, is a trade secret or is of a confidential commercial, financial, scientific or technical nature, the information is to be treated as having been provided in confidence. Disclosure of personal information by corporation 20 The corporation may disclose information, including personal information, that is collected by the corporation in accordance with this Act to the government of a province or territory of Canada or its agent for the purpose of administering this Act or for any other purpose authorized by the regulations. Ministerial directives 21 The Minister may issue directives that must be followed by the corporation or the board, or both, in carrying out the powers, duties and functions of the corporation or board under this Act. Complying with directives 22 (1) In this section, “directive” means (a) a directive issued under section 21, (b) a directive issued by the Treasury Board under the Financial Administration Act , (c) a policy set under section 10 of the Alberta Public Agencies Governance Act , and (d) any other directive or direction issued under another enactment. (2) The board shall ensure that any directive issued to or required to be followed by the board, and the corporation shall ensure that any directive issued to or required to be followed by the corporation, is implemented in a prompt and efficient manner and in accordance with section 10, and compliance by the board or the corporation, as the case may be, with any directive is deemed to be in compliance with section 10. Regulations 23 The Lieutenant Governor in Council may make regulations (a) prescribing a name for the corporation; (b) expanding or clarifying the mandate of, or the powers, duties or functions to be exercised or performed by, the corporation; (c) imposing limits on the powers, duties or functions to be exercised or performed by the corporation; (d) respecting the dispute resolution process or processes used by the corporation when developing, undertaking, organizing, conducting or managing online lottery schemes on behalf of the Government of Alberta; (e) respecting the disqualification of directors; (f) respecting delegation by the board; (g) respecting the corporation entering into agreements; (h) respecting the giving of indemnities by the corporation under section 17, including any terms and conditions applicable to those indemnities; (i) respecting the making of bylaws by the board; (j) respecting the collection and use of information, including personal information, by the Minister under section 19(5); (k) respecting the disclosure of personal information by the corporation to a province or territory of Canada or its agent under section 20; (l) respecting the issuance of and compliance with directives; (m) respecting subsidiaries of the corporation; (n) respecting the operation of the corporation generally; (o) respecting the dissolution of the corporation and the winding up of the affairs of the corporation; (p) defining for the purposes of this Act any term or expression that is used in this Act but not defined; (q) respecting any other matter or thing the Lieutenant Governor in Council considers necessary to carry out the purposes of this Act. 24 (This section amends another Act; the amendments have been incorporated into that Act.) Coming into force 25 This Act comes into force on Proclamation. (NOTE: Sections 1(a) to (g) and (i) and 2 to 23 proclaimed in force June 4, 2025. Sections 1(h), 24(1) to (9), (10), except to the extent that it enacts section 49.1(1)(b) of the Gaming, Liquor and Cannabis Act, and (11) to (20) proclaimed in force January 13, 2026. Section 24(10), to the extent that it enacts section 49.1(1)(b) of the Gaming, Liquor and Cannabis Act, proclaimed in force June 18, 2026.)