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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to November 2, 1999]
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Contents |
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1 In this Act:
"committee" means the Lotteries Advisory Committee established under section 3;
"lottery scheme" means lottery scheme as defined in section 207 (4) of the Criminal Code;
"minister" includes a person designated in writing by the minister;
"person" includes an unincorporated charitable, religious or other organization.
2 (1) The minister may, on behalf of the government, subject to section 5,
(a) conduct and manage lottery schemes in British Columbia,
(b) make arrangements with and cooperate with Canada or other provinces, or with their departments or agencies acting on behalf of their respective governments, in jointly conducting and managing lottery schemes in British Columbia and other provinces, and
(c) act as agent for Canada or other provinces or their departments or agencies acting on behalf of their respective governments in conducting and managing lottery schemes in British Columbia and other provinces.
(d) [Repealed 1998-37-8.]
(2) The minister is charged with the administration of this Act.
2.1 (1) The Lieutenant Governor in Council may license persons to conduct and manage lottery schemes in British Columbia.
(2) The Lieutenant Governor in Council, by order, may delegate, to an authority specified in the order, the discretion under subsection (1) to license persons to conduct and manage lottery schemes in British Columbia.
(3) The discretion under this section to issue licences, of the Lieutenant Governor in Council or of an authority to which that discretion is delegated under this section, includes the discretion to attach terms and conditions to the licences that
(a) may differ for different licensees, and
(b) must be consistent with the terms and conditions prescribed under section 7.
(4) Each of the Provincial Secretary and Minister of Government Services, the Attorney General and the Public Gaming Control Branch is conclusively deemed to be, and to have been between May 27, 1986 and the end of March 31, 1987, and the British Columbia Gaming Commission is conclusively deemed to be, and to have been since March 31, 1987, an authority to whom the discretion under subsection (1) to license persons to conduct and manage lottery schemes in British Columbia has been delegated by order under subsection (2).
(5) A licence or purported licence is conclusively deemed to have been validly issued under this section on the date of the licence or purported licence if the licence
(a) was issued by
(i) the Provincial Secretary and Minister of Government Services, the Attorney General or the Public Gaming Control Branch between May 27, 1986 and the end of March 31, 1987, or
(ii) the British Columbia Gaming Commission between March 31, 1987 and the date of Royal Assent to the Miscellaneous Statutes Amendment Act (No. 3), 1998, and
(b) authorizes or authorized, or purports or purported to authorize, a person to conduct and manage a lottery scheme.
3 (1) The Lieutenant Governor in Council may establish a committee called the Lotteries Advisory Committee for
(a) advising the minister respecting the administration of this Act or the regulations or any matter respecting the conduct of lottery schemes,
(b) assisting the minister in the administration of this Act and the regulations, and
(c) performing other functions the Lieutenant Governor in Council specifies.
(2) The committee is to be composed of that number of persons determined and appointed by the Lieutenant Governor in Council, who must also set their terms of office.
(3) If a committee is established under subsection (1), the Lieutenant Governor in Council must appoint a chair and a vice chair from among the members of the committee.
(4) The members of the committee may be paid the remuneration the Lieutenant Governor in Council approves and, in addition, may be reimbursed for reasonable travelling and out of pocket expenses incurred by them as members of the committee.
(5) Subject to the approval of the minister, the committee may make rules
(a) of procedure for the proper conduct of its affairs, and
(b) concerning the calling, holding and conducting of its meetings.
4 The minister may establish within the ministry a branch of the public service for administering this Act and the regulations, and may, under the Public Service Act, employ officers and employees the minister considers necessary for that purpose.
5 For this Act, the minister may do one or more of the following:
(a) with the approval of the Lieutenant Governor in Council, on behalf of the government, enter into agreements or arrangements with Canada, or the other provinces or their departments or agencies;
(b) enter into agreements or arrangements with municipalities, regional districts or other local government bodies, or with another person;
(c) act as director of, or a shareholder in, any corporation lawfully authorized to conduct or manage lottery schemes, or appoint members of the committee to act as directors or shareholders, and participate in any way the minister considers advisable in its affairs;
(d) enter into agreements or arrangements with a corporation referred to in paragraph (c);
(e) delegate to the committee any power and authority that the minister may lawfully delegate under this Act that the minister considers necessary or advisable to assist in the administration of this Act.
6 (1) The minister must annually prepare a report respecting the administration of this Act and the operation of any lottery schemes conducted by the minister in British Columbia or jointly with Canada or other provinces, or with municipalities, regional districts, local government bodies or other persons during the previous fiscal year.
(2) The minister must lay the report before the Legislature within 15 days after the commencement of the first session in the following year.
6.1 [Repealed 1999-32-47.]
7 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) respecting the conduct and operation of lottery schemes by the government or jointly with Canada, or other provinces, municipalities, regional districts, local government bodies or other persons;
(b) setting agents' or sellers' fees or commissions payable under the regulations;
(c) prescribing terms and conditions of licences relating to the conduct, management and operation of, or participation in, lottery schemes;
(d) prescribing fees respecting licences.
(3) A regulation made under this Act may
(a) be made applicable generally or to a specific person, thing or transaction, or class of persons, things or transactions,
(b) for the purpose of the regulation, define classes of persons including classes that may include only one person,
(c) for the purpose of the regulation, define classes of things or transactions, and
(d) provide differently for different persons, things or transactions, or for different classes of persons, things or transactions.
(4) The Lieutenant Governor in Council, by regulation, may delegate the discretion to make regulations under subsection (2) (c) or (d) or both (2) (c) and (d) to an authority specified in the regulation.
(5) Each of the Provincial Secretary and Minister of Government Services, the Attorney General and the Public Gaming Control Branch is conclusively deemed to be, and to have been between May 27, 1986 and the end March 31, 1987, and the British Columbia Gaming Commission is conclusively deemed to be, and to have been since March 31, 1987, an authority to which the discretion under subsection (2) (d) to prescribe fees respecting licences has been delegated by regulation under subsection (4).
(6) Every licence fee or purported licence fee, in respect of a lottery scheme, imposed or purported to have been imposed by
(a) the Provincial Secretary and Minister of Government Services, the Attorney General or the Public Gaming Control Branch between May 27, 1986 and the end of March 31, 1987, or
(b) the British Columbia Gaming Commission, between March 31, 1987 and the date of Royal Assent to the Miscellaneous Statutes Amendment Act (No. 3), 1998,
is conclusively deemed to have been validly imposed by regulation under this section on the date of the licence or purported licence to which the licence fee or purported licence fee pertains.
(7) The Regulations Act does not apply, and, between May 27, 1986 and the date of Royal Assent to the Miscellaneous Statutes Amendment Act (No. 3), 1998 did not apply, in respect of
(a) the licence fees referred to in subsection (6), or
(b) a regulation referred to in subsection (6).
(8) The Regulations Act applies to regulations under this Act that are made after the coming into force of this subsection by an authority to whom the Lieutenant Governor in Council delegates the regulation making authority under subsection (2) (c) or (d) or both (2) (c) and (d).
[Schedule repealed 1999-32-47.]
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada