Definitions and interpretation

1   (1) In this regulation:

"Act" means the Gaming Control Act;

"direct marketing campaign" means a campaign to market, advertise or promote something by communicating with individuals using their contact information, including, without limitation, by mail, telephone, text message, email or social media message;

"direct marketing message" means a marketing, advertising or promotional message communicated by means of a direct marketing campaign;

"education authority" means

(a) a board of education or francophone education authority as defined in section 1 (1) of the School Act,

(b) a francophone education authority as defined in section 1 (1) of the School Act, or

(c) an authority as defined in section 1 (1) of the Independent School Act;

"gaming advertisement" means a message, transmitted by any means, that markets, advertises or promotes a lottery scheme;

"gaming retailer" means a registered gaming services provider that is a member of the gaming retailer class established by section 10 [classes of registered gaming services providers] of the Gaming Control Regulation;

"inducement" means a bonus, credit, gift, reward or other benefit, but does not include a prize;

"inducement offer" means an offer to provide an inducement in return for participation in a provincial gaming scheme;

"professional athlete" includes an individual who receives compensation for competing in a sport, including an electronic sport, and an Olympic athlete;

"responsible gambling message" means a message that communicates information about any of the following:

(a) measures that can be taken to prevent or mitigate problem gambling;

(b) how to access services to prevent, mitigate or treat problem gambling;

"school" means a facility or part of a facility operated by an education authority at which students receive instruction in an educational program.

(2) In this regulation, marketing, advertising or promoting a lottery scheme includes indirectly marketing, advertising or promoting a lottery scheme by

(a) marketing, advertising or promoting a brand,

(b) raising awareness respecting revenue from the conduct and management of a lottery scheme, or

(c) encouraging an individual to do any of the following:

(i) attend a provincial gaming facility for the purpose of participating in a provincial gaming scheme;

(ii) attend a place or an event for the purpose of participating in a gaming event;

(iii) access the lottery corporation's online platform.

Application

2   In this regulation, the requirements and prohibitions respecting marketing, advertising or promotion do not apply in relation to the following:

(a) a sign indicating the address or location of a provincial gaming facility but not otherwise marketing, advertising or promoting a lottery scheme;

(b) a sign at or adjacent to a place of business operated by a gaming retailer indicating lottery tickets are available for purchase at that place but not otherwise marketing, advertising or promoting a lottery scheme.

Prohibited content

3   (1) The lottery corporation, a registered gaming services provider or a gaming event licensee must not depict any of the following in a gaming advertisement:

(a) an explicitly sexual act;

(b) violence;

(c) trauma;

(d) cruelty;

(e) a realistic image of death;

(f) behaviour associated with problem gambling;

(g) peer pressure to participate in a lottery scheme;

(h) gambling while intoxicated or consuming alcohol or another drug.

(2) Subsection (1) (c), (f), (g) and (h) does not apply in relation to

(a) a responsible gambling message, or

(b) a message that communicates any of the following information:

(i) information intended to correct a misconception about how the outcome of a lottery scheme is determined;

(ii) information about the role of chance or skill in determining the outcome of a lottery scheme;

(iii) information about the signs of problem gambling;

(iv) information about harm that can result from problem gambling.

Prohibition against false or misleading marketing, advertising or promotion

4   (1) The lottery corporation, a registered gaming services provider or a gaming event licensee must not include in a gaming advertisement false or misleading information about the odds of winning a lottery scheme, including, without limitation, by falsely stating or implying

(a) that winning is a probable or certain outcome, or

(b) that a participant's odds of winning are affected by the extent of the participant's skill, practice or experience.

(2) The lottery corporation, a registered gaming services provider or a gaming event licensee must not include in a gaming advertisement false or misleading information that creates or perpetuates a misconception about a lottery scheme.

(3) The lottery corporation, a registered gaming services provider or a gaming event licensee must not, in a gaming advertisement, misrepresent the benefits of participation in a lottery scheme, including, without limitation, by marketing, advertising or promoting a lottery scheme as any of the following:

(a) an alternative to employment;

(b) a reliable source of income;

(c) an investment;

(d) a way to recover a gambling or other financial loss;

(e) a solution to financial hardship.

(4) Subsections (1), (2) and (3) do not apply in relation to

(a) a responsible gambling message, or

(b) a message that communicates any of the following information:

(i) information intended to correct a misconception about how the outcome of a lottery scheme is determined;

(ii) information about the role of chance or skill in determining the outcome of a lottery scheme;

(iii) information about the signs of problem gambling;

(iv) information about harm that can result from problem gambling.

Prohibition against false or misleading description of prize

5   (1) The lottery corporation, a registered gaming services provider or a gaming event licensee must not include in a gaming advertisement false or misleading information about a prize that may be won by participating in a lottery scheme.

(2) Without limiting subsection (1), information about a prize is misleading if

(a) the prize is an annuity, and

(b) the information does not describe it as an annuity.

Requirement to include responsible gambling message

6   (1) In marketing, advertising or promoting a provincial gaming scheme, the lottery corporation or a registered gaming services provider must, subject to subsections (3) and (4), include a responsible gambling message in the gaming advertisement.

(2) The lottery corporation or registered gaming services provider must ensure that the responsible gambling message is

(a) in a form that is clearly legible or audible, as applicable, and

(b) communicated in the language used in the other parts of the gaming advertisement.

(3) If a responsible gambling message cannot be included in a gaming advertisement because of the gaming advertisement's size or duration, the lottery corporation or registered gaming services provider must

(a) include in the gaming advertisement a website address, a link or another means of accessing a website, and

(b) ensure a responsible gambling message is immediately and prominently displayed once an internet user accesses the website.

(4) Subsection (1) does not apply in relation to the following:

(a) a gaming advertisement that markets, advertises or promotes a brand by displaying a logo associated with the lottery corporation, a registered gaming services provider or a provincial gaming scheme but does not otherwise market, advertise or promote a provincial gaming scheme;

(b) a gaming advertisement that raises awareness respecting revenue from the conduct and management of provincial gaming schemes but does not otherwise market, advertise or promote a provincial gaming scheme;

(c) a sign at or adjacent to a place of business operated by a gaming retailer indicating the amount of a prize but not otherwise marketing, advertising or promoting a provincial gaming scheme.

Requirement to include age restriction

7   (1) In marketing, advertising or promoting a provincial gaming scheme, the lottery corporation or a registered gaming services provider must clearly indicate in the gaming advertisement that an individual must be at least 19 years old to participate in a provincial gaming scheme.

(2) Subsection (1) does not apply in relation to the following:

(a) a gaming advertisement that markets, advertises or promotes a brand by displaying a logo associated with the lottery corporation or a registered gaming services provider but does not otherwise market, advertise or promote a provincial gaming scheme;

(b) a gaming advertisement that raises awareness respecting revenue from the conduct and management of provincial gaming schemes but does not otherwise market, advertise or promote a provincial gaming scheme.

Prohibition against misleading statement about odds of winning

8   The lottery corporation or a registered gaming services provider must not state or imply in a gaming advertisement that an individual's odds of winning are affected by the amount of time or money the individual spends participating in a provincial gaming scheme.

Prohibition against suggesting urgency to participate

9   The lottery corporation or a registered gaming services provider must not suggest in a gaming advertisement an urgency to participate in a provincial gaming scheme other than by communicating any of the following information:

(a) a deadline to participate in a provincial gaming scheme, including, without limitation, a deadline to purchase a lottery ticket;

(b) the number of lottery tickets available for purchase;

(c) the number of winning lottery tickets that have not yet been purchased;

(d) the date of a sports game or other event on which a provincial gaming scheme is based.

Prohibitions against use of widely recognized athlete

10   (1) The lottery corporation or a registered gaming services provider must not include in a gaming advertisement the name, image or voice of an individual who, because of the individual's athletic achievement, is, or could reasonably be expected to be, widely recognized.

(2) The lottery corporation or a registered gaming services provider must not market, advertise or promote a provincial gaming scheme by displaying on clothing worn by or equipment used by a professional athlete words or a logo associated with the lottery corporation, the gaming services provider or a provincial gaming scheme, other than words or a logo associated with the prevention or mitigation of problem gambling.

(3) Despite subsection (1), the lottery corporation or a registered gaming services provider may use the name or image of an individual described in that subsection for any of the following purposes, provided the name or image is not transmitted on cable television, an online streaming network or a billboard:

(a) if a prize includes an opportunity to meet or watch a performance of the individual, to describe the prize;

(b) if the individual plays a role in determining the outcome of a provincial gaming scheme, to describe that role;

(c) if the advertisement is for sports betting, to depict or represent a sport.

(4) The prohibition in subsection (1) does not apply in relation to a gaming advertisement that consists only of one or more of the following:

(a) a responsible gambling message;

(b) a message that communicates any of the following information:

(i) information intended to correct a misconception about how the outcome of a provincial gaming scheme is determined;

(ii) information about the role of chance or skill in determining the outcome of a provincial gaming scheme;

(iii) information about the signs of problem gambling;

(iv) information about harm that can result from problem gambling.

Prohibition against use of celebrity

11   (1) The lottery corporation or a registered gaming services provider must not include in a gaming advertisement for a provincial gaming scheme the name, image or voice of an individual or character who for any reason, including the following, is, or could reasonably be expected to be, a role model for minors:

(a) a past or present position of public trust;

(b) a special achievement in any field of endeavour;

(c) an association with a charity or an advocacy activity;

(d) reputation;

(e) media or social media exposure.

(2) Despite subsection (1), the lottery corporation or a registered gaming services provider may use the name or image of an individual described in that subsection for any of the following purposes, provided the name or image is not transmitted on cable television, an online streaming network or a billboard:

(a) if a prize includes an opportunity to meet or watch a performance of the individual, to describe the prize;

(b) if the individual plays a role in determining the outcome of a provincial gaming scheme, to describe that role.

(3) The prohibition in subsection (1) does not apply in relation to a gaming advertisement that consists only of one or more of the following:

(a) a responsible gambling message;

(b) a message that communicates any of the following information:

(i) information intended to correct a misconception about how the outcome of a provincial gaming scheme is determined;

(ii) information about the role of chance or skill in determining the outcome of a provincial gaming scheme;

(iii) information about the signs of problem gambling;

(iv) information about harm that can result from problem gambling.

Prohibition against depiction of minor

12   The lottery corporation or a registered gaming services provider must not depict in a gaming advertisement for a provincial gaming scheme an individual who is, or could reasonably be mistaken for, a minor.

Prohibition against advertising near school or playground or directing advertisement to minor

13   (1) The lottery corporation or a registered gaming services provider must not display a gaming advertisement for a provincial gaming scheme on or immediately adjacent to the grounds of a school or a public playground.

(2) The lottery corporation or a registered gaming services provider must not do any of the following:

(a) direct a gaming advertisement for a provincial gaming scheme to a minor;

(b) market, advertise or promote a provincial gaming scheme to a minor by means of a direct marketing campaign;

(c) market, advertise or promote a provincial gaming scheme using a symbol or the name, image or voice of a character that appeals primarily to, or could reasonably be expected to appeal primarily to, minors;

(d) market, advertise or promote a provincial gaming scheme by a means that appeals primarily to, or could reasonably be expected to appeal primarily to, minors.

Requirement to exclude individual from direct marketing campaign

14   (1) The lottery corporation or a registered gaming services provider must take reasonable steps not to market, advertise or promote a provincial gaming scheme to a self-excluded individual by means of a direct marketing campaign.

(2) If an individual provides to the lottery corporation or a registered gaming services provider written notice that the individual does not consent to receiving direct marketing messages, the lottery corporation or registered gaming services provider must take reasonable steps not to market, advertise or promote a provincial gaming scheme to the individual by means of a direct marketing campaign.

Transparency requirements applicable to inducement

15   (1) The lottery corporation or a registered gaming services provider must not communicate false or misleading information about an inducement offer.

(2) Without limiting subsection (1), information about an inducement offer is false or misleading if any of the following apply:

(a) the inducement is described as free, but the inducement offer is conditional on the recipient making a payment or deposit or risking a loss of the recipient's own funds;

(b) the inducement is described as risk-free, but the inducement offer is conditional on the recipient risking a loss of the recipient's own funds.

(3) If the lottery corporation or a registered gaming services provider markets, advertises or promotes an inducement offer, the lottery corporation or registrant must

(a) include in the marketing, advertisement or promotion, in a form that is clearly legible or audible, as applicable,

(i) the material terms and conditions of the offer, and

(ii) if all terms and conditions of the offer are not included in the advertisement, a website address, a link or another means of accessing a website where the additional terms and conditions are displayed, and

(b) ensure, if paragraph (a) (ii) applies, that the additional terms and conditions are immediately and prominently displayed once an internet user accesses the website.

Direct marketing of inducement

16   The lottery corporation or a registered gaming services provider must not market, advertise or promote an inducement offer to an individual by means of a direct marketing campaign unless

(a) the individual consents in writing to receiving direct marketing messages about inducement offers, and

(b) the direct marketing message includes information describing how the individual may withdraw that consent.

Requirement to include licence number

17   A gaming event licensee or registered gaming services provider that is transmitting a gaming advertisement must include in the gaming advertisement the number assigned by the general manager to the licence authorizing the conduct and management of the gaming event.

Requirement to include responsible gambling message

18   (1) A gaming event licensee or registered gaming services provider that is transmitting a gaming advertisement must, subject to subsection (3), include a responsible gambling message in the gaming advertisement.

(2) The gaming event licensee or registered gaming services provider must ensure that the responsible gambling message is

(a) in a form that is clearly legible or audible, as applicable, and

(b) communicated in the language used in the other parts of the gaming advertisement.

(3) Subsection (1) does not apply in relation to the following:

(a) a gaming advertisement for a gaming event with a projected gross revenue of less than $5 000;

(b) a gaming advertisement that, because of its size or duration, cannot include a responsible gambling message.

Prohibition against depiction of minor in advertisement for gaming event

19   A gaming event licensee or registered gaming services provider must not depict, in a gaming advertisement for a gaming event, an individual who is, or could reasonably be mistaken for, a minor unless the purpose of the depiction is to represent an intended beneficiary of the proceeds from the gaming event.