Vol. 53 No. 24 -- 358/2010

Volume 53, No. 24
B.C. Reg. 358/2010

The British Columbia Gazette, Part II
December 14, 2010

B.C. Reg. 358/2010, deposited December 7, 2010, pursuant to the GAMING CONTROL ACT [Sections 104 and 105] and the MISCELLANEOUS STATUTES AMENDMENT ACT (No. 3), 2010 [Section 247]. Order in Council 825/2010, approved and ordered December 6, 2010.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(a) sections 91 to 93, 98 and 112 (c) of the Miscellaneous Statutes Amendment Act (No. 3), 2010, S.B.C. 2010, c. 21, are brought into force, and

(b) the Gaming Control Regulation, B.C. Reg. 208/2002, is amended as set out in the attached Schedule.

— R. COLEMAN, Minister of Public Safety and Solicitor General; M. COELL, Presiding Member of the Executive Council.

Schedule

1 Section 3 of the Gaming Control Regulation, B.C. Reg. 208/2002, is amended by adding the following:

(e) promotional services, comprised of marketing, advertising or other promotional services provided at a gaming facility for commercial purposes.

2 Section 4 (b) is repealed.

3 Section 5 (2) is amended

(a) by repealing paragraph (d) and substituting the following:

(d) lottery retailer personnel, comprised of individuals who agree to assume managerial responsibility described in section 34 (2) (a) (i) and who are party to a valid and subsisting agreement with the lottery corporation regarding that responsibility; , and

(b) by adding the following paragraph:

(f) hospitality retailer personnel, comprised of individuals who agree to assume managerial responsibility described in section 34 (2) (b) (i) and who are party to a valid and subsisting agreement with the lottery corporation regarding that responsibility.

4 Section 6 is amended

(a) by striking out "The following classes of things supplied to gaming facilities are prescribed" and substituting "The following classes of things supplied to gaming facilities or operated by the lottery corporation are prescribed", and

(b) by adding the following paragraph:

(e) network systems, comprised of computer-based hardware, software and interface elements that function as a delivery network for lottery schemes.

5 Section 7 (1) (b) is repealed.

6 Section 29 is amended

(a) in subsection (1) (c) and (d) by striking out "has paid remuneration" where it appears and substituting "has paid gross remuneration",

(b) in subsection (1) by adding the following paragraphs:

(t) lottery retailers, comprised of gaming services providers that contract with the lottery corporation to sell lottery tickets in a site to which access by minors is not restricted, but not to offer or provide any other type of provincial gaming at the site;

(u) class A hospitality retailers, comprised of gaming services providers that contract with the lottery corporation to sell lottery tickets in site to which access by minors is restricted and in respect of which there is a valid and subsisting liquor primary licence under the Liquor Control and Licensing Act, but not to offer or provide any other type of provincial gaming at the site;

(v) class B hospitality retailers, comprised of gaming services providers that contract with the lottery corporation to sell lottery tickets, to provide other types of provincial gaming or to do both in sites to which access by minors is restricted and in respect of which there is a valid and subsisting liquor primary licence under the Liquor Control and Licensing Act. , and

(c) by repealing subsection (2) (i) and substituting the following:

(i) lottery retailer personnel, comprised of gaming workers described in section 5 (2) (d) [classes of gaming workers excluded from and included in definition in section 1 of Act];

(j) hospitality retailer personnel, comprised of gaming workers described in section 5 (2) (f).

7 Section 31 is amended

(a) in subsection (2) by striking out "set out in any of paragraphs (a) to (s) of this subsection, the application fee specified in that paragraph, plus $250 for each background investigation to be carried out in assessing the application" and substituting "set out in any of paragraphs (a) to (v) of this subsection, the application fee specified in that paragraph, plus $250 for a background investigation, if any, to be carried out in assessing the application as it relates to an associate" ,

(b) in subsection (2) by adding the following paragraphs:

(t) lottery retailers, $45 per lottery retail site operated by the retailer;

(u) class A hospitality retailers, $45 per hospitality retail site operated by the retailer;

(v) class B hospitality retailers, $45 per hospitality retail site operated by the retailer. ,

(c) by adding the following subsection

(2.1) An applicant for a class registration under subsection (1) (t), (u) or (v) who operates only one retail site for which the application applies is exempt from the per site fee set out in subsection (1) (t), (u) or (v), as the case May be. ,

(d) in subsection (3) by striking out "subsection (2) (a) to (s)" and substituting "subsection 2 (a) to (v)", and

(e) by repealing subsection (4) (c) and substituting the following:

8 Section 32 is repealed and the following substituted:

Refund of certain fees

32 (1) In this section, "general manager", in relation to a decision under Part 7 or Part 8 of the Act, includes an individual to whom the general manager, under section 24 (3) of the Act, has delegated powers and duties relevant to the decision.

(2) Subsection (5) applies if

(a) a person requests an internal review of a decision referred to in section 25 (4) of the Act in relation to a horse racing licence or any other decision of the general manager under Part 7 of the Act, and

(b) on completion of the review, the person requesting the review obtains a decision that is

(i) different than the decision reviewed, and

(ii) consistent with the decision sought by the person.

(3) Subsection (5) applies if

(a) a person requests an internal review of a decision referred to in section 25 (4) of the Act in relation to a licence, registration or application referred to in section 105 (1) (c) or (d) of the Act, and

(b) on completion of the review, the person requesting the review obtains a decision that is

(i) different than the decision reviewed, and

(ii) consistent with the decision sought by the person.

(4) A person who requests an internal review of a decision referred to in subsection (2) (a) or (3) (a) must pay a fee of $500 on making the request.

(5) A person who obtains a decision described in subsection (2) (b) or (3) (b) May request a refund of the fee imposed under subsection (4) for requesting the internal review and the branch must, on that request, refund to the person the amount of that fee.

9 Section 34 is repealed and the following substituted:

Conditions of registration for gaming services providers

34 (1) Subject to subsection (2), it is a condition of registration of a gaming services provider that it must

(a) submit to and co-operate in background investigations, including interviews at the request of the general manager, conducted under the Act,

(b) ensure that an individual appointed or employed by the gaming services provider is registered as a gaming worker in the appropriate class of gaming workers if the person is a person who must be so registered,

(c) if the provider is a casino services provider, a bingo services provider or a community gaming centre services provider, be a party to a valid and subsisting agreement with the lottery corporation regarding the provision of gaming services,

(d) ensure that a person that is, under the definition of "associate" in section 1 (1) of the Act, an associate of the gaming services provider is approved by the general manager as required under the Act,

(e) ensure that minors are not present at a gaming facility or at a licensed gaming event that the gaming services provider operates, unless the presence of minors is allowed under section 38,

(f) obey the standard operating procedures and rules of play that are

(i) established by the general manager or the lottery corporation, and

(ii) relevant to the type of gaming pertinent to the registration,

(g) obey all applicable public interest standards established by the general manager under section 27 (2) of the Act,

(h) comply with section 77 (1) of the Act,

(i) post in public view in any gaming facility the gaming services provider operates the certificate of registration for that facility,

(j) sell lottery tickets to minors only in the circumstances set out in section 37 (a) and allow a minor to sell raffle tickets on its behalf only in the circumstances set out in section 37 (b),

(k) retain in the gaming facility all official identification cards issued to gaming workers who are employees for that facility and who are off duty,

(l) not contravene section 87 (a) (i) or (b) of the Act and ensure that an individual appointed or employed by the gaming services provider does not contravene that section,

(m) immediately report to the general manager any civil litigation, criminal or regulatory investigation or other legal proceeding involving the gaming services provider, whether commenced by the gaming services provider or by another person and whether in British Columbia or another jurisdiction,

(n) immediately report to the general manager a suspension, cancellation or refusal of licensing, registration or renewal, in another jurisdiction, of the gaming services provider or of any officer, director or associate of the gaming services provider,

(o) disclose to the general manager the identity of any creditor to whom indebtedness previously reported is no longer owed by the gaming services provider,

(p) report to the general manager all of the following:

(i) any new creditor and the amounts and terms of the indebtedness to that creditor;

(ii) any default to a creditor;

(iii) any renegotiation of indebtedness to a creditor and the amounts and terms of the indebtedness to that creditor,

(q) if a reporting company, provide to the general manager, at the time of issue, copies of all

(i) press releases, and

(ii) other records

that the gaming services provider is required to file with the securities and exchange commission or a similar authority in the jurisdiction of record for the gaming services provider,

(r) within 30 days after the expiry of a month in which one or more registered employees ceased employment with the gaming services provider, submit to the general manager

(i) a list of those former employees for that month, and

(ii) if applicable, the official identification cards of those former employees,

(s) report to the general manager any change in the gaming services provider's name or address,

(t) unless the gaming services provider is a lottery retailer to which subsection (2) (a) applies or is a hospitality retailer to which subsection (2) (b) applies, immediately report to the general manager any conduct or activity at or near a gaming facility that is or May be contrary to the Criminal Code, the Act or any regulation under the Act.

(2) In addition to the conditions of registration set out in subsection (1),

(a) it is a condition of the registration of a lottery retailer described in section 29 (1) (t) [classes of registration established] that it must

(i) appoint, designate or have in its employ an individual who assumes managerial responsibility for those retail sites operated by the lottery retailer in which lottery tickets are sold,

(ii) ensure that the individual referred to in subparagraph (i) is registered as a gaming worker in the class of registration established in section 29 (2) (i),

(iii) be a party to a valid and subsisting agreement with the lottery corporation regarding the provision of such gaming services,

(iv) post in public view in those retail sites operated by the lottery retailer the certificate of registration for that site,

(v) if any of the following occur in respect of the individual referred to in subparagraph (i), report the matter immediately to the general manager:

(A) the appointment or designation of the individual ends;

(B) the individual ceases to be employed by the lottery retailer;

(D) the individual is otherwise unable to fulfill managerial responsibility for a retail site to which the certificate of registration applies, and

(vi) comply with section 86 of the Act, and

(b) it is a condition of the registration of a hospitality retailer described in section 29 (1) (u) or (v) [classes of registration established] that it must

(i) appoint, designate or have in its employ an individual who assumes managerial responsibility for those hospitality retail sites operated by the hospitality retailer in which lottery tickets are sold or other types of provincial gaming are offered or provided,

(ii) ensure that the individual referred to in subparagraph (i) is registered as a gaming worker in the class of registration established in section 29 (2) (j),

(iii) be a party to a valid and subsisting agreement with the lottery corporation regarding the provision of such gaming services,

(iv) post in public view in those hospitality retail sites operated by the hospitality retailer the certificate of registration for that site,

(v) if any of the following occur in respect of the individual referred to in subparagraph (i), report the matter immediately to the general manager:

(A) the appointment or designation of the individual ends;

(B) the individual ceases to be employed by the hospitality retailer;

(D) the individual is otherwise unable to fulfill managerial responsibility for a retail site to which the certificate of registration applies, and

(vi) comply with section 86 of the Act.

10 Section 41 is repealed.

11 Section 42 is amended by striking out "the British Columbia Lottery Corporation" and substituting "the government".

12 The following section is added:

Prescribed organization

43 The Great Canadian Gaming Corporation is prescribed for the purposes of section 16 (2) (b) of the Act and is to receive the fees collected under section 16 (1) of the Act less any deductions required under section 16 (2) (a) of the Act.