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| B.C. Reg. 208/2002 O.C. 645/2002 |
Deposited July 19, 2002 effective August 19, 2002 |
| This archived regulation consolidation is current to December 3, 2004 and includes changes enacted and in force by that date. For the most current information, click here. |
Gaming Control Act; Financial Administration Act
[includes amendments up to B.C. Reg. 280/2004]
1 In this Regulation, "Act" means the Gaming Control Act.
2 (1) For the purposes of the definition of "associate" in section 1 (1) of the Act, "financial interest", in relation to a licensee, registrant or applicant for a licence or registration, includes an interest
(a) as a participant in a revenue sharing agreement with the licensee, registrant or applicant, or
(b) as a supplier, other than the lottery corporation, an insurance company or savings institution, of credit, goods or services to whom the licensee, registrant or applicant is indebted, whether for money or anything of value, and whether the indebtedness is secured or unsecured.
(2) For the purposes of paragraph (a) of the definition of "associate" in section 1 (1) of the Act, the following classes of persons are prescribed as being included within that definition:
(a) security holders, comprised of persons who hold, directly or indirectly, shares or other securities issued by licensees, registrants or applicants for licences or registration if, in the case of indirect holders, the indirect interests are known or reasonably ought to be known to the licensees, registrants or applicants;
(b) holding entities, comprised of entities organized as holding corporations or partnerships, trust funds or income funds having investments in licensees, registrants or applicants for licences or registrations;
(c) beneficial interest holders, comprised of persons having beneficial interests
(i) in shares or other securities referred to in paragraph (a) that are held by other persons, or
(ii) in holding corporations or partnerships, trust funds or income funds referred to in paragraph (b)
if the beneficial interests of those persons are known or reasonably ought to be known to the licensees, registrants or applicants;
(d) contingent interest holders, comprised of persons entitled, on exercising warrants, share options or other rights, to acquire
(i) shares or other securities, or
(ii) beneficial interests in shares or other securities,
issued by licensees, registrants or applicants for licences or registrations, whether or not those warrants, options or rights may be exercised only after the fulfilment of a condition precedent, if the entitlements are known or reasonably ought to be known to the licensees, registrants or applicants;
(e) revenue sharers, comprised of participants in revenue sharing agreements with licensees, registrants or applicants for licences or registrations;
(f) suppliers, other than the lottery corporation, insurance companies or savings institutions, of credit, goods or services to whom licensees, registrants or applicants for licenses or registrations are indebted, whether for money or anything of value, and whether the indebtedness is secured or unsecured, if the indebtedness is for more than $50 000 and has been outstanding for more than 90 consecutive days.
[am. B.C. Reg. 280/2004, s. 1.]
3 The following classes of additional services are prescribed for the purposes of the definition of "gaming services" in section 1 of the Act as being included within that definition:
(a) ancillary casino services, comprised of services routinely provided in casino gaming facilities, including the following services that are so provided:
(i) building maintenance;
(ii) equipment maintenance;
(iii) janitorial;
(iv) retail;
(v) concession sales of food or other products or services;
(b) security services, comprised of security services, surveillance services or both provided at a gaming facility.
4 The following classes of persons are excluded from the definition of "gaming services provider" in section 1 of the Act:
(a) government bodies, comprised of public bodies as defined in the Auditor General Act, that provide facilities for gaming;
(b) lottery ticket retailers, comprised of persons that under contracts with the lottery corporation, sell lottery tickets as retailers;
(c) lottery ticket distributors, comprised of persons that contract with the lottery corporation to deliver lottery tickets and related equipment to lottery ticket retailers within British Columbia;
(d) hardware servicers, comprised of persons that service computer or telecommunications hardware to the lottery corporation or to lottery ticket retailers;
(e) gaming workers.
5 (1) The following classes of individuals are excluded from the definition of "gaming worker" in section 1 of the Act:
(a) Repealed. [B.C. Reg. 280/2004, s. 2 (b).]
(b) lottery ticket retailer employees, comprised of employees of lottery ticket retailers;
(c) lottery ticket distributor employees, comprised of employees of lottery ticket distributors;
(d) hardware servicer employees, comprised of employees of hardware servicers;
(e) small raffle managers, comprised of individuals who manage ticket raffles for licensees, in which the total value of the tickets available for sale is less than $250 000;
(f) lottery corporation employees, comprised of officers and employees of the lottery corporation;
(g) bingo floorworkers, comprised of individuals who circulate among the players at a bingo facility to provide services such as distributing bingo supplies and collecting money from the players;
(h) concession workers, comprised of individuals who operate wheels of fortune under a gaming event licence.
(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.
[am. B.C. Reg. 280/2004, s. 2.]
6 The following classes of things supplied to gaming facilities are prescribed for the purposes of the definition of "gaming supplies" in section 1 of the Act as being included within that definition:
(a) management systems, comprised of electronic gaming management systems;
(b) cash registers, comprised of cash registers that are part of bingo online gaming management systems, commonly known as "point of sale systems";
(c) verification systems, comprised of bingo or lottery scheme verification systems;
(d) gaming software, comprised of software used for gaming.
7 (1) The following classes of things supplied to gaming facilities are excluded from the definition of "gaming supplies" in section 1 of the Act:
(a) gaming furnishings, comprised of furnishings that are not part of a lottery scheme or horse racing;
(b) table layouts, comprised of table layouts used for marking player or betting positions;
(c) non-electronic equipment, comprised of non-electronic equipment used for marking the position of a player’s bet, other than value chips or slot tokens;
(d) player tracking systems, comprised of player tracking systems used solely for monitoring player spending and player preferences;
(e) cash registers, comprised of cash registers that are not part of an online bingo management system;
(f) federally regulated horse racing supplies, comprised of gaming supplies if they are used in connection with horse racing and are subject to federal regulation;
(g) Repealed. [B.C. Reg. 280/2004, s. 3 (b).]
(h) out of Province only sales, comprised of those supplies that are made, sold, advertised, or distributed only for sale outside of British Columbia.
(i) Repealed. [B.C. Reg. 280/2004, s. 3 (b).]
(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.
[am. B.C. Regs. 60/2003, s. 1; 280/2004, s. 3.]
8 (1) For the purposes of the definition of "casino gaming" in section 1 of the Act, "social occasion casino" means a series of casino games that are offered in conjunction with a social event that is for the exclusive enjoyment and benefit of members of the gaming event licensee and their guests.
(2) For the purposes of sections 73, 86, 91 and 92 of the Act, "immediately" means without delay.
Part 2 — British Columbia Lottery Corporation
9 Written directives issued under section 6 (1) of the Act to the lottery corporation by the minister must be published by the general manager
(a) in one issue of the Gazette, and
(b) on the branch's website over a period of at least 12 months.
10 The expression "community input", used in section 19 (2) of the Act, includes comments, information and representations received, from persons who reside in the community or are representative of organizations in the community, by the municipality, regional district or first nation, that has the authority referred to in section 19 (1) (a) of the Act, after the municipality, regional district or first nation has both
(a) given public notice within the community of the proposal and the particulars of the proposal, and
(b) provided an opportunity for the residents and representatives to provide comments, information and representations concerning the proposal, in the form of
(i) one or more public hearings or public meetings,
(ii) a referendum of the residents, or
(iii) an alternative form of opportunity, if any, established by directive of the general manager.
11 (1) In this section:
"highway" means highway as defined in section 1 of the Highway Act;
"municipality, regional district or first nation" does not include the municipality, regional district or first nation that has the authority over land use planning at the place where
(a) a facility is proposed to be developed, used or operated as a gaming facility,
(b) an existing facility is proposed to be relocated, or
(c) a substantial change as set out in section 18 (1) (c) of the Act is proposed for a gaming facility.
(2) For the purposes of the Act "materially affected", in relation to a municipality, regional district or first nation, means that, as a result of the proposal proceeding, the municipality, regional district or first nation can demonstrate a likelihood that it will
(a) incur significant new infrastructure or policing costs,
(b) experience increased traffic with a significant impact on its highways, or
(c) Repealed. [B.C. Reg. 280/2004, s. 4 (b).]
[am. B.C. Reg. 280/2004, s. 4.]
12 For the purposes of the Act, "substantial change", in relation to the type or extent of lottery schemes or horse racing at a gaming facility includes
(a) Repealed. [B.C. Reg. 60/2003, s. 2.]
(b) adding bingo events at the gaming facility if bingo events are not currently conducted there,
(c) adding casino gaming at a gaming facility if casino gaming is not currently conducted there,
(d) adding horse racing at a gaming facility if horse racing is not currently conducted there, and
(e) adding slot machines at the gaming facility if it is currently without slot machines.
(f) Repealed. [B.C. Reg. 60/2003, s. 2.]
[am. B.C. Reg. 60/2003, s. 2.]
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.
[en. B.C. Reg. 280/2004, s. 5.]
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.
[en. B.C. Reg. 280/2004, s. 5.]
13 The approval that may be granted under section 19 (1) (a) of the Act by the municipality, regional district or first nation that has the authority referred to in section 19 (1) (a) of the Act must
(a) be in the form of a resolution or of a letter on the official letterhead of the municipality, regional district or first nation and delivered in duplicate to
(i) the lottery corporation, and
(ii) the general manager,
(b) specify the effective date of the approval, if different from the date of the resolution or letter,
(c) be executed by the duly authorized official or officials of the municipality, regional district or first nation,
(d) identify the municipalities, regional districts and first nations that have been consulted,
(e) Repealed. [B.C. Reg. 280/2004, s. 6 (b).]
(f) summarize the outcome of the consultations, and
(g) confirm the manner in which it obtained community input.
[am. B.C. Reg. 280/2004, s. 6.]
13.1 The lottery corporation must get approval from the municipality, regional district or first nation that has authority over land use planning at the location of a gaming facility prior to increasing the number of slot machines at the gaming facility beyond a number presently approved by that municipality, regional district or first nation.
(a) and (b) Repealed. [B.C. Reg. 280/2004, s. 7 (b).]
[am. B.C. Reg. 280/2004, s. 7.]
14 For the purpose of section 21 (3) (a) of the Act, the prescribed period is 60 days.
Part 4 — Gaming Policy and Enforcement Branch
15 Written directives issued under section 26 (1) of the Act to the general manager by the minister must be published by the general manager
(a) in one issue of the Gazette, and
(b) on the branch's website over a period of at least 12 months.
16 Written directives issued under section 28 (1) of the Act to the branch, the lottery corporation or both must be published by the general manager
(a) in one issue of the Gazette, and
(b) on the branch's website over a period of at least 12 months.
17 An administrative fine imposed under section 37 (1) (b) of the Act by the general manager on a gaming event licensee must not exceed $5 000.
18 (1) In this section:
"applicant" does not include an applicant gaming worker who is a minor;
"class A licence" means a gaming event licence issued under Part 5 of the Act which licence authorizes the licensee to conduct, manage and operate a lottery scheme referred to in section 207 (1) (b) of the Criminal Code for which the projected gross revenue, specified in the licence, exceeds $20 000;
"class B licence" means a gaming event licence issued under Part 5 of the Act which licence authorizes the licensee to conduct, manage and operate
(a) a lottery scheme referred to in section 207 (1) (b) of the Criminal Code for which the projected gross revenue, specified in the licence, does not exceed $20 000, or
(b) a lottery scheme referred to in section 207 (1) (d) of the Criminal Code;
"class C licence" means a gaming event licence issued under Part 5 of the Act which licence authorizes the licensee to conduct, manage and operate a lottery scheme referred to in section 207 (1) (c) of the Criminal Code;
"general manager", in relation to a decision under Part 5 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) At the time of application for a licence the applicant must pay to the branch
(a) for a Class A licence an application fee of $50,
(b) for a Class B licence an application fee of $25, and
(c) for a Class C licence an application fee that is the sum of the following amounts:
(i) $150 for the first or only game authorized under the licence;
(ii) $50 for each additional game authorized under the licence;
(iii) $25 for each operator listed in the licence.
(3) Under a directive made by the Minister of Finance under section 47 of the Financial Administration Act there is a fee of $500, as set out in that directive, for an internal review of a decision of the general manager in the circumstances described in that directive.
(4) Remission under section 19 of the Financial Administration Act is hereby authorized of an internal review fee paid under the directive referred to in subsection (3) by a person who requested the review and who, on completion of the review, obtained a decision that was
(a) different than the decision reviewed, and
(b) consistent with the decision sought by the person who requested the review.
Part 6 — Grants to Eligible Organizations
19 The prescribed standards of eligibility for an organization referred to in section 41 of the Act are that the organization
(a) must
(i) be a not-for-profit organization whose members, officers and directors do not receive remuneration from it in their capacity as members, officers or directors,
(ii) operate and provide programs of community benefit, that are inclusive and accessible,
(iii) have a voluntary and broadly based membership,
(iv) deliver programs established and maintained by volunteers, and
(v) have at least 2/3 of its board members residing in British Columbia, or
(b) must be an association that
(i) is comprised only of organizations that meet the standards of eligibility under paragraph (a), and
(ii) complies with the conditions, if any, that the general manager considers appropriate in the circumstances.
[en. B.C. Reg. 60/2003, s. 4.]
20 (1) The following types of horse racing are prescribed as exempted types to which section 45 of the Act does not apply:
(a) barrel racing, comprised of horse racing in which mounted horses run around a pattern of barrels;
(b) chariot racing, comprised of horse racing in which chariots and drivers are drawn by horses over a distance or around a pattern;
(c) chuckwagon racing, comprised of horse racing in which chuckwagons and drivers are drawn by horses around a pattern of barrels and may be accompanied by mounted outriders;
(d) endurance racing, comprised of horse racing in which mounted horses run distances of 20 miles or more;
(e) exhibition racing, comprised of horse racing conducted for non-competitive, promotional purposes;
(f) gymkhana racing, comprised of horse racing in which mounted horses run a series of barrel, keyhole, flag or other similar racing events;
(g) Roman racing, comprised of horse racing in which horses are ridden by persons who stand with one foot on each of two horses.
(2) An exemption under subsection (1) is inapplicable if pari-mutuel betting, as regulated by the Criminal Code, takes place at the event.
21 Repealed. [B.C. Reg. 60/2003, s. 5.]
22 (1) In this section "general manager", in relation to a decision under Part 7 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) If an internal review of a decision of the general manager under Part 7 of the Act is required by a provision of Part 7 of the Act, or is permitted or required under the rules made under section 53 of the Act, the person requesting the internal review must pay an internal review fee of $500 at the time of the request.
(3) Remission under section 19 of the Financial Administration Act is hereby authorized of an internal review fee paid under subsection (3) by a person who requested the review and who, on completion of the review, obtained a decision that was
(a) different than the decision reviewed, and
(b) consistent with the decision sought by the person who requested the review.
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.
[en. B.C. Reg. 280/2004, s. 8.]
24 An administrative fine imposed under section 51 (2) (c) of the Act on a horse racing licensee must not exceed $5 000.
25 The general manager and the director of racing for the branch are designated as the persons who may
(a) appoint the race track officials, designated race horse training centre officials and employees referred to in section 54 (2) (i) of the Act, and
(b) compel the discharge for cause of those race track officials, designated race horse training centre officials or employees.
26 For the purposes of section 55 (b) of the Act, the following categories of persons are prescribed:
(a) director of racing, comprised of the employee in the branch who holds the position of director of horse racing;
(b) steward, comprised of individuals who are stewards at race meetings;
(c) judge, comprised of individuals who are judges at race meetings;
(d) inspector, comprised of personnel whose duties include inspection and testing functions at race meetings.
Part 8 — Registration of Gaming Services Providers and Workers
27 For the purposes of section 55 (b) of the Act, the following categories of persons are prescribed:
(a) inspectors, comprised of persons designated as inspectors under section 78 of the Act;
(b) investigators, comprised of persons designated as investigators under section 81 of the Act;
(c) licensing officials, comprised of persons to whom the general manager, under section 24 of the Act, has delegated the discretion to recommend, approve or sign a licence;
(d) grants officials, comprised of persons to whom the general manager, under section 24 of the Act, has delegated the discretion to recommend or approve grants referred to in section 41 of the Act;
(e) registration officials, comprised of persons to whom the general manager, under section 24 of the Act, has delegated the discretion to recommend, approve or sign registrations as gaming services providers or gaming workers;
(f) on-site gaming officials, comprised of lottery corporation employees whose duties require routine access to gaming facilities;
(g) senior lottery corporation officials, comprised of individuals appointed or employed in senior capacities with the lottery corporation.
28 An administrative fine imposed under section 69 (2) of the Act on a registrant must not exceed
(a) $20 000 if the registrant is a gaming services provider, or
(b) $5 000 if the registrant is a gaming worker.
29 (1) The following classes of registration as gaming services providers are established:
(a) casino services providers, comprised of gaming services providers that provide casino gaming services at gaming facilities;
(b) bingo services providers, comprised of gaming services providers that provide bingo gaming services at gaming facilities;
(c) security services providers, comprised of gaming services providers that provide security services, surveillance services or both at a gaming facilities;
(d) concessionaire games operators, comprised of gaming services providers that provide gaming services at licensed gaming events;
(e) suppliers, comprised of gaming services providers who each carry out one or more of the activities described in paragraphs (a) to (c) of the definition of "gaming services provider" for remuneration of a total value that exceeds $25 000 during the most recent 12 month period, including the value of gaming supplies supplied by associates of the person;
(f) smaller suppliers, comprised of gaming services providers who each carry out one or more of the activities described in paragraphs (a) to (c) of the definition of "gaming services provider" for remuneration of a total value that does not exceed $25 000 during the most recent 12 month period, including the value of gaming supplies supplied by associates of the person;
(g) horse racing operators, comprised of gaming services providers that provides gaming services at
(i) horse racing teletheatres,
(ii) race tracks for horse racing at which there are more than 50 race days a year, or
(iii) both;
(h) seasonal horse racing operators, comprised of gaming services providers that provide gaming services at horse racetracks at which there are 50 race days a year or fewer;
(i) ticket rafflers, comprised of gaming services providers that run ticket raffles;
(j) social occasion casino operators, comprised of gaming services providers that provide casino gaming services at licensed gaming events;
(k) gaming lessors, comprised of gaming services providers that as lessors provide premises to be used as facilities for gaming to other gaming services providers;
(l) ancillary services providers, comprised of gaming services providers that provide ancillary services as prescribed under section 3 (a);
(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).
(2) The following classes of registration as gaming workers are established:
(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.
[am. B.C. Reg. 280/2004, s. 9.]
30 (1) The register maintained under section 56 of the Act must include the following as public information for persons registered as gaming services providers:
(a) name of registrant;
(b) registration number;
(c) registrant's business address;
(d) location of any gaming premises operated by the registrant;
(e) status of registration;
(f) expiry date of registration.
(2) The register maintained under section 56 of the Act must include the following as public information for persons registered as gaming workers:
(a) name of registrant;
(b) name and business address of the registered gaming services provider for which the registrant is a gaming worker;
(c) registration number;
(d) status of registration;
(e) expiry date of registration.
31 (1) In this section, "applicant" does not include an applicant gaming worker who is a minor.
(2) At the time of application for registration the applicant must pay to the branch, for registration in any of the classes of gaming providers set out in any of paragraphs (a) to (j) of this subsection, the application fee specified in that paragraph, plus $250 for each background investigation to be carried out in assessing the application:
(a) casino services providers, $5 000;
(b) bingo services providers, $2 000;
(c) security services providers, $2 000;
(d) concessionaire games operators, $2 000;
(e) suppliers, $2 000;
(f) smaller suppliers, $1 000;
(g) horse racing operators, $2 000;
(h) seasonal horse racing operators, $250;
(i) ticket rafflers, $2 000;
(j) social occasion casino operators, $2 000;
(k) senior officials, $250.
(3) At the time of application for registration the applicant must pay to the branch, for registration in any of the classes of gaming workers set out in any of paragraphs (a) to (c) of this subsection, the application fee specified in that paragraph:
(a) Repealed. [B.C. Reg. 280/2004, s. 10 (b).]
(b) senior employees, $250;
(c) race horse owners, class A licence managers and other employees, $25.
[am. B.C. Reg. 280/2004, s. 10.]
32 (1) In this section, "general manager", in relation to a decision under 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) Under a directive made by the Minister of Finance under section 47 of the Financial Administration Act there is a fee of $500, as set out in that directive, for an internal review of a decision of the general manager in the circumstances described in that directive.
(3) Remission under section 19 of the Financial Administration Act is hereby authorized of an internal review fee paid under the directive referred to in subsection (2) by a person who requested the review and who, on completion of the review, obtained a decision that was
(a) different than the decision reviewed, and
(b) consistent with the decision sought by the person who requested the review.
33 The term of a registration under Part 8 of the Act must not exceed 5 years for a gaming services provider and 3 years for a gaming worker.
[am. B.C. Reg. 280/2004, s. 11.]
34 It is a condition of the 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) 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,
(c) report to the general manager any civil litigation, 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,
(d) if the provider is a casino service provider or a bingo service provider, report to the general manager any new creditor and the amounts and terms of the indebtedness to that creditor,
(e) disclose to the general manager the identity of any creditor to whom indebtedness previously reported is no longer owed by the gaming services provider,
(f) 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,
(g) 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,
(h) post in public view in any gaming facility the gaming services provider operates the certificate of registration for that facility,
(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.
[am. B.C. Reg. 280/2004, s. 12.]
35 It is a condition of the registration of a gaming worker that
(a) he or she must submit to and co-operate in background investigations, including interviews at the request of the general manager, conducted under the Act,
(b) he or she must 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,
(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,
(c) if his or her duties pertain to security or surveillance at a gaming facility, produce for inspection his or her official identification at the request of an inspector, an investigator of the branch, an onsite gaming official of the lottery corporation or a police officer, and
(d) if his or her duties do not pertain to security or surveillance at a gaming facility, wear or display official identification in a manner clearly visible to the public, while on duty at a gaming facility.
[am. B.C. Reg. 280/2004, s. 13.]
36 For the purposes of section 95 (c) of the Act, gaming supplies that have been approved, individually or according to type, by the general manager must be identified by means of
(a) a decal issued by the branch, attached to the gaming supplies, and
(b) certifying that the equipment has been approved by the general manager and meets the technical integrity standards required.
Part 10 — Restricted Access to Gaming
37 It is a condition of a gaming licence of class B that its holder may
(a) sell lottery tickets to minors only if
(i) the minor is 13 years of age or older, or
(ii) accompanied by an adult who is apparently the minor's parent or guardian and who consents to the sale, and
(b) allow a minor to sell raffle tickets on the holder's behalf, at not more than $5 a ticket, if the minor does so only as a volunteer.
38 (1) The presence of a minor is allowed
(a) at a race track for horse racing if the minor
(i) is a horse racing licensee carrying out activities described in section 45 (2) of the Act,
(ii) is carrying out the duties of his or her employment as an exercise rider, groom or hot-walker at a race track,
(iii) is an employee carrying out the duties of his or her employment at the race track, other than as a gaming worker, and is under the supervision of his or her employer,
(iv) is under the supervision of his or her parent or guardian, or
(v) is present for the purpose of watching horse races, is not participating in gaming and does not have access to any part of the gaming facility in which horses are kept or trained,
(b) at a permanent bingo facility if the minor is an employee carrying out the duties of his or her employment at the bingo facility, other than as a gaming worker, and is under the supervision of his or her employer, and
(c) at a licensed bingo gaming event or licensed ticket raffle if the minor
(i) is under the supervision of his or her parent or guardian, or
(ii) is an employee carrying out the duties of his or her employment at the bingo facility or ticket raffle, other than as a gaming worker, and is under the supervision of his or her employer.
39 The following persons are disqualified from participation in lottery schemes:
(a) a casino gaming services provider at any gaming facility at which the gaming services provider provides gaming services;
(b) a casino gaming worker at any gaming facility at which his or her employer provides gaming services;
(c) a bingo gaming services provider at any gaming facility at which the gaming services provider provides gaming services;
(d) a bingo gaming worker while carrying out the duties of his or her employment at any gaming facility at which his or her employer provides gaming services.
40 (1) While serving in an official capacity every horse racing official and every assistant to a horse racing official must not wager directly or indirectly on the outcome of a horse race.
(2) An owner, trainer, or other person that has an interest in a horse running in any horse race must not
(a) bet on the race, or
(b) cause another person to bet on the race on behalf of the owner, trainer, or other person
unless
(c) the bet is that the horse will win, place or show, or
(d) both of the following conditions are met:
(i) the bet is in an exactor, quinella, triactor or superfecta betting pool;
(ii) the horse is
(A) selected in the win, place or show position,
(B) included in all combinations on each betting ticket,
(C) bet on in an amount equal to the amounts of the bets the owner, trainer or other person makes on the horses that are in the race and that are horses in which the owner, trainer, or other person has no interest.
(3) An owner, trainer, or other person that has an interest in one or more horses running in any race as part of a feature betting pool, requiring the selection of the winner in more than one race, must not bet in that pool unless
(a) in each race in which the owner, trainer or other person has an interest in only one horse, the bet is on that horse only, or
(b) in each race in which the owner, trainer or other person has an interest in 2 or more horses, the bet is on those horses only.
(4) A jockey must not wager on a horse race in which he or she is riding unless
(a) the owner or trainer of the horse makes the wager for the jockey, and
(b) the wager is on the jockey's mount to win.
(5) A driver must not wager on a horse race in which he or she is driving unless
(a) if the driver
(i) is not the owner or trainer of the horse, the owner or trainer makes the wager for the driver, or
(ii) if the driver is the owner or trainer of the horse, a licensed delegate of the driver makes the wager for the driver, and
(b) the wager is on the driver's horse to win.
(6) A jockey referred to in subsection (4) and a driver referred to in subsection (5) must ensure that a record of a wager referred to in subsection (4) or (5), as the case may be, is kept available for presentation on request to the stewards or judges.
Part 11 – Horse Race Betting Fees
41 For the purposes of section 14 (2) (c) of the Act, the following organizations are prescribed to receive payments each month in the following proportions:
(a) Hastings Entertainment Inc., on behalf of the thoroughbred racing industry, the total amount paid by thoroughbred racetracks in British Columbia to the lottery corporation under section 17 (1) (c) of the Act, less any deductions required under section 14 (2) (a) and (b) of the Act;
(b) the B.C. Standardbred Breeders Society, on behalf of the standardbred racing industry, the total amount paid by standardbred racetracks in British Columbia to the lottery corporation under section 17 (1) (c) of the Act, less any deductions required under section 14 (2) (a) and (b) of the Act;
(c) TBC Teletheatre BC, on behalf of both the thoroughbred and standardbred racing industries, the total amount paid by TBC Teletheatre BC to the lottery corporation under section 17 (1) (c) of the Act, less any deductions required under section 14 (2) (a) of the Act.
[en. B.C. Reg. 59/2003, Sch.]
42 Operators collecting horse race betting fees must, under section 17 (1) (c) of the Act, pay the fees collected to the British Columbia Lottery Corporation on or before the last day of the first week of each month for each preceding month, together with a report of all money deposited, bets made and fees collected for that period.
[en. B.C. Reg. 59/2003, Sch.]
Note: this regulation repeals B.C. Regs. 286/98 under the Lottery Act and 167/2000 under the Horse Racing Act
[Provisions relevant to the enactment of this regulation: Gaming Control Act, S.B.C. 2002, c. 14, sections 54, 104 and 105; Financial Administration Act, R.S.B.C. 1996, c. 138, section 19]
Copyright (c) 2004: Queen's Printer, Victoria, British Columbia, Canada