SNL1991 CHAPTER 53 - LOTTERIES ACT

SNL1991 CHAPTER 53 LOTTERIES ACT Amended: 1994 c34 s11; 1994 c36 s7; 2009 cR-15.01 s119; 2021 c24 CHAPTER 53 AN ACT RESPECTING THE REGULATION OF LOTTERIES AND AMUSEMENT DEVICES IN THE PROVINCE (Assented to December 11, 1991) Analysis 1. Short title 2. Definition 3. Lottery schemes 4. Licence 5. Regulations 6. Offence and penalty 6.1 Immunity 7. 1989 c.19 Amdt. 8. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Lotteries Act. 1991 c53 s1 Back to Top Definition 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. 1991 c53 s2 ; 2021 c24 s1 Back to Top Lottery schemes 3. The Minister of Finance may, with the approval of the Lieutenant-Governor in Council, (a) develop, organize, undertake, conduct and manage lottery schemes on behalf of the government of the province or on behalf of the government of the province and the governments of other provinces; (b) enter into arrangements or agreements to develop, organize, undertake, conduct and manage lottery schemes on behalf of the government of the province; and (c) enter into and carry out agreements with the governments of 1 or more of the provinces or agencies of those provinces for the purpose of incorporating a body corporate to undertake, conduct and manage lottery schemes on behalf of the parties to those agreements. 1991 c53 s3 Back to Top Licence 4. (1) In accordance with the regulations, the Minister of Justice and Public Safety or a person designated by the Minister of Justice and Public Safety may issue a licence to the owner of an electronic or mechanical amusement device. (2) Where the owner of the electronic or mechanical amusement device referred to in subsection (1) fails to obtain a licence or fails to comply with the terms and conditions contained in the licence, inspectors appointed by the Minister of Justice and Public Safety may seize and retain that device. (3) Where a person who applies for or holds a licence issued under subsection (1) is convicted of an offence under section 124.1 of the Liquor Control Act , the Minister of Justice and Public Safety shall refuse to issue or shall cancel or suspend that person's licence. (4) Where a person who applies for or holds a licence issued under subsection (1) is convicted of an offence under Part IX of the Revenue Administration Act , the Minister of Justice and Public Safety shall refuse to issue or shall cancel or suspend that person's licence. 1991 c53 s4 ; 1994 c34 s11 ; 1994 c36 s7 ; 2009 cR-15.01 s119 ; 2021 c24 s2 Back to Top Regulations 5. The Lieutenant-Governor in Council may make regulations (a) respecting the development, conduct, management and organization of lottery schemes under this Act; (b) prescribing the issuance of licences and the terms and conditions to be contained in licences to conduct and manage lottery schemes; (c) authorizing the issuance of licences and prescribing the terms and conditions to be contained in licences to operate or manage mechanical and electronic amusement devices; (d) respecting the amounts and values of prizes and the terms and conditions to be attached to the prizes; (e) respecting the consideration to be paid or given to secure a chance to win prizes; (f) prescribing fees to be paid with respect to a lottery scheme; (g) respecting agents and sellers and the fees or commissions to be given to them in respect of the distribution or sale of tickets or other chances in lottery schemes under this Act; (h) respecting the manner in which tickets or other chances in lottery schemes under this Act are to be sold or made available to the public; (i) that the Lieutenant-Governor in Council considers necessary for the administration of this Act; (j) defining a word or expression used in this Act and not defined in this Act; and (k) respecting matters, necessary or advisable to carry out effectively the purpose of this Act. 1991 c53 s5 Back to Top Offence and penalty 6. (1) A person who fails to comply with or otherwise contravenes this Act or the regulations is guilty of an offence and every person who is guilty of an offence is liable on summary conviction in the case of a 1st conviction to a fine not exceeding $1,000 and in the case of a 2nd or subsequent conviction for a similar offence to a fine not exceeding $5,000 and, in either case, in default of payment to imprisonment for a term not exceeding 6 months. (2) For the purpose of subsection (1), an offence shall not be considered a 2nd or subsequent offence unless it has been committed within 24 months from the date of the last previous offence. (3) Every continuance for a day or part of a day of the failure to comply or other contravention referred to in subsection (1) constitutes a separate offence. 1991 c53 s6 Back to Top 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. 2021 c24 s3 Back to Top 1989 c.19 Amdt. 7. (1) Paragraph 6(2)(a) of The Department of Justice Act, 1989 is amended by adding immediately after subparagraph (i) the following: (i.1) lottery schemes; (2) Schedule A to the Act is amended by adding the following item: 87.1 Lotteries Act 1991 c53 s7 Back to Top Commencement 8. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. (In force - Feb. 21/92) 1991 c53 s8