B.C. Reg. 280/2004, deposited June 18, 2004, pursuant to the GAMING CONTROL ACT [Sections 54, 104 and 105]. Order in Council 630/2004, approved and ordered June 17, 2004.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that 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 2 (2) (d) of the Gaming Control Regulation, B.C. Reg. 208/2002, is amended by adding "whether or not those warrants, options or rights may be exercised only after the fulfillment of a condition precedent," after "registrations,".

2 Section 5 is amended

(a) by renumbering the section as section 5 (1),

(b) by repealing paragraph (1) (a),

(c) in subsection (1) by adding the following paragraph:

(h) concession workers, comprised of individuals who operate wheels of fortune under a gaming event licence.", and

(d) by adding the following subsection:

(2) The following classes of individuals are included in the definition of "gaming worker" in section 1 of the Act:

(a) race horse owners, comprised of persons who own a horse that is used for horse racing under Part 7 of the Act;

(b) class A licence managers, comprised of persons having managerial or financial responsibility for the operation or conduct of a gaming event authorized by a class A licence for which the projected gross revenue, specified in the licence, exceeds $250 000.

3 Section 7 is amended

(a) by renumbering the section as section 7 (1),

(b) by repealing paragraphs (1) (g) and (i), and

(c) by adding the following subsection:

(2) The following classes of things supplied for licensed gaming events are excluded from the definition of "gaming supplies" in section 1 of the Act:

(a) raffle tickets, comprised of tickets used in conjunction with licensed gaming events;

(b) supplies sold only to gaming licensees, comprised of those supplies that are made, sold, advertised or distributed only for the purpose of sale to gaming licensees;

(c) non-electronic licensed gaming equipment, comprised of non-electronic gaming equipment used for licensed gaming events.

4 Section 11 (2) is amended

(a) by striking out "includes that" and substituting "means that", and

(b) by repealing paragraph (c).

5 The following sections are added:

Consultations respecting gaming facilities

12.1 (1) In this section:

"host local government" means the municipality, regional district or first nation that has the authority referred to in section 19 (1) (a) of the Act;

"proposed decision" means a proposed decision by the lottery corporation under section 18 of the Act to develop, use or operate a facility as a gaming facility, to relocate an existing gaming facility or substantially change the type or extent of lottery schemes or horse racing at a gaming facility.

(2) Before a host local government approves under section 19 (1) (a) of the Act a proposed decision, for the purpose of conducting the consultations referred to in section 19 (1) (b) of the Act the host local government must

(a) notify, in writing, the municipalities, regional districts and first nations with which it must consult regarding the proposed decision, and

(b) provide the lottery corporation with a copy of each notice provided under paragraph (a).

(3) A notice under subsection (2) must

(a) provide information about the proposed decision, including the location and type of the gaming facility or of the proposed gaming facility, and any other general information that, in the opinion of the host local government, would facilitate the notice recipient's consideration of the proposed decision, and

(b) advise that the notice recipient may provide, within 30 days after the day the notice is received, written comments regarding the proposed decision and that those comments must be confined to the matters set out in subsection (5).

(4) A municipality, regional district or first nation that receives a notice under subsection (2) may provide, within 30 days after the date the notice was received, its written comments to the host local government regarding the proposed decision.

(5) Comments provided under subsection (4) must be confined to the following matters:

(a) infrastructure or policing costs;

(b) traffic and highway use.

(6) Subject to subsection (7), the host local government must consider written comments provided under subsection (4) that are confined to the matters set out in subsection (5) and, if requested by the sender of those comments, must provide a written reply to them.

(7) If a municipality, regional district or first nation that receives a notice under subsection (2) does not provide written comments under subsection (4), the host local government may proceed on the basis that consultations with that municipality, regional district or first nation have taken place and are concluded.

(8) A host local government must notify, in writing, each municipality, regional district and first nation to which it sent a notice under subsection (2) of its decision whether or not to approve the proposed decision.

(9) if a notice under subsection (2) or (8) is sent by ordinary mail, it must be sent to the most recent address known to the sender and is deemed to be received

(a) on the fifth day after the day it is mailed, or

(b) if that day is a Saturday or holiday, on the next day that is not a holiday.

(10) If a notice under subsection (2) or (8) is sent by electronic transmission, it is deemed to be received

(a) on the day it was sent, or

(b) if that day is a Saturday or holiday, on the next day that is not a holiday.

Filing of objections

12.2 An objection under section 21 (1) of the Act must be filed within 10 days after the date the notice under section 12.1 (8) was received.

6 Section 13 is amended

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

(d) identify the municipalities, regional districts and first nations that have been consulted, , and

(b) by repealing paragraph (e).

7 Section 13.1 is amended

(a) by striking out "slot machines at the gaming facility" and substituting "slot machines at the gaming facility beyond a number presently approved by that municipality, gaming facility or first nation.", and

(b) by repealing paragraphs (a) and (b).

8 Section 23 is repealed and the following substituted:

Terms of licence

23 (1) The term of a horse racing licence for individuals that are gaming workers must not exceed 3 years and for persons who are gaming service providers must not exceed 5 years.

(2) A horse racing licence for an individual who is a gaming worker, other than a gaming worker who is an owner of a race horse, automatically expires on the day the individual ceases to be a gaming worker.

9 Section 29 is amended

(a) in subsection (1) (e) and (f) by striking out "$10 000" and substituting "$25 000",

(b) by repealing subsection (1) (m) and substituting the following:

(m) senior officials, comprised of each of the 5 highest paid officers of a gaming services provider and each individual who, whether or not among those 5 highest paid officers,

(i) is the chair or a vice chair of the board of directors or the president, a vice president, the secretary, the treasurer or the general manager of the gaming services provider, or

(ii) performs functions of the gaming services provider similar to those normally performed by an individual occupying any of the offices described in subparagraph (i); , and

(c) in subsection (2), by repealing paragraphs (a) to (c) and substituting the following,

(a) senior employees, comprised of each individual who

(i) is a gaming control manager, security services provider at a gaming facility or program manager reporting directly to an individual in the senior officials class, or

(ii) performs functions of the gaming services provider similar to those normally performed by an individual occupying any of the positions described in subparagraph (i);

(b) race horse owners, comprised of persons who own a horse that is used for horse racing under Part 7 of the Act;

(c) class A licence managers, comprised of persons having managerial or financial responsibility for the operation or conduct of a gaming event authorized by a class A licence for which the projected gross revenue, specified in the licence, exceeds $250 000; and

(d) other employees, comprised of individuals who are gaming workers but who are not in any of the other classes set out in this subsection.

10 Section 31 is amended

(a) in subsection (2) by adding the following paragraph:

(k) senior officials, $250.

(b) in subsection (3) by repealing paragraph (a), and

(c) in paragraph (3) (c) by adding "race horse owners, class A licence managers and" at the beginning of the paragraph.

11 Section 33 is amended by striking out "is 5 years" and substituting "must not exceed 5 years".

12 Section 34 is amended

(a) in paragraph (a) by adding ", including interviews at the request of the general manager," after "background investigations",

(b) by adding "if the provider is a casino service provider or a bingo service provider," at the beginning of paragraph (d), and

(c) by adding the following paragraphs:

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

(j) 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 the regulations under the Act.

13 Section 35 is amended

(a) in paragraph (a) by adding ", including interviews at the request of the general manager," after "background investigations",

(b) by adding the following paragraphs:

(b.1) he or she must immediately report to the general manager

(i) the loss of his or her official identification card,

(ii) a change of his or her name, and

(iii) any criminal charges or criminal investigation involving the gaming worker, or any civil litigation in which there are allegations of fraud, theft, deceit or misrepresentation involving the gaming worker.

(b.2) he or she remains employed as a gaming worker, .

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