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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 September 6, 2000]
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Contents |
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Section |
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1 In this Act:
"corporation" means the corporation continued under section 2;
"lottery" has the same meaning as "lottery scheme" in the Criminal Code;
"lottery ticket" includes a receipt or other record provided to a person participating in a lottery by which the person is, at the time of purchasing the record or at a later time, able to determine, from the face of the record or by comparing the information shown on the face of the record with information provided from another source, whether the person has won a prize, including, without limitation, a sum of money, as a result of the person's participation in the lottery.
2 (1) The British Columbia Lottery Corporation is continued.
(2) Despite its incorporation under the Company Act, the British Columbia Lottery Corporation is a corporation without share capital, consisting of not more than 9 directors appointed by the Lieutenant Governor in Council.
(3) The Company Act does not apply to the corporation but the Lieutenant Governor in Council may declare that all or part of the Company Act does apply.
(4) The Lieutenant Governor in Council may appoint one of the directors as chair of the corporation.
(5) A member of the Executive Council or of the public service who is appointed a director of the corporation ceases to be a director when the person ceases to be a member of the Executive Council or of the public service.
(6) A director must be paid reasonable travelling and incidental expenses necessarily incurred in discharging duties and, in addition, may be paid for services as a director or chair remuneration set by the Lieutenant Governor in Council.
3 (1) The corporation is, for all purposes, an agent of the government.
(2) The Minister of Finance and Corporate Relations is the fiscal agent of the corporation.
(3) The corporation may acquire and dispose of real and personal property.
4 The objects of the corporation are the following:
(a) to develop, undertake, organize, conduct and manage lottery schemes on behalf of the government;
(b) if authorized by the minister, to enter into agreements to develop, undertake, organize, conduct and manage lottery schemes on behalf of or in conjunction with the government of Canada or the government of another province, or an agent of either of them;
(c) if authorized by the minister, to enter into the business of supplying any person with computer software, tickets or any other technology, equipment or supplies related to the conduct of lotteries in or out of British Columbia, or any other business related to the conduct of lotteries;
(d) if authorized by the minister, to enter into agreements with a person regarding any lottery conducted or managed on behalf of the government;
(e) to do other things the minister may require from time to time.
5 (1) The directors must manage the affairs of the corporation and may
(a) exercise the powers conferred on them under this Act,
(b) exercise the powers of the corporation on behalf of the corporation, and
(c) delegate the exercise or performance of any power or duty conferred or imposed on them to a person employed by the corporation.
(2) Despite subsection (1), the directors must not implement a new type of lottery scheme or game that was not in operation on the date this Act comes into force except with the approval of the minister.
(3) A resolution in writing, signed by all the directors, is as valid and effectual as if it had been passed at a meeting of directors properly called and constituted.
6 (1) The Public Service Act does not apply to the officers and employees of the corporation.
(2) [Repealed 1999-44-84.]
(3) The Lieutenant Governor in Council may declare that the Public Service Benefit Plan Act applies to the officers and employees of the corporation.
7 (1) The corporation must establish and maintain an accounting system satisfactory to the minister and must, whenever required by the minister, render detailed accounts of its revenues and expenditures for the period or to the day the minister designates.
(2) All books or records of account, documents and other financial records must at all times be open for inspection by the minister or a person the minister designates.
(3) The accounts of the corporation must, at least once in every year, be audited and reported on by an auditor appointed by the directors, and the costs of the audit must be paid by the corporation.
(4) The corporation must each year submit to the minister and the minister must, as soon as practicable, lay before the Legislative Assembly
(a) a report of the corporation on its operations for the preceding fiscal year, and
(b) an audited financial statement showing the assets and liabilities of the corporation at the end of the preceding fiscal year and the operations of the corporation for that year in the form required by the minister.
(5) The audited financial statement referred to in subsection (4) must be prepared in accordance with generally accepted accounting principles.
(6) The fiscal year end of the corporation is March 31.
8 The net profits of the corporation after provision for prizes, the payment of expenses of operations and any payments the corporation is obliged to make under agreements entered into in respect of lotteries under section 4 (b) or (d) must be paid into the consolidated revenue fund at the times and in the manner directed by the Lieutenant Governor in Council.
9 Subject to the approval of the Lieutenant Governor in Council, the corporation may in any year pay to a municipality in which it has property a grant not exceeding the amount that would be payable as taxes on the property in that year if the property were not exempt from taxation by the municipality.
10 A director of the corporation is not personally liable for anything done or omitted to be done in good faith in the exercise or purported exercise of the powers conferred under this Act.
11 (1) In this section, "resell" means, in relation to lottery tickets,
(a) to resell one or more lottery tickets after they have been purchased from a person authorized under this Act to sell the tickets at retail,
(b) to sell an interest in one or more lottery tickets that have been or are to be purchased from a person authorized under this Act to sell the tickets at retail, or
(c) to sell an interest in any prizes won as a result of participation in a lottery scheme for which one or more lottery tickets have been or are to be purchased from a person authorized under this Act to sell the tickets at retail.
(2) A person must not, directly or indirectly, do any of the following:
(a) resell or offer to resell lottery tickets to a person outside British Columbia;
(b) advertise to resell lottery tickets to a person outside British Columbia or advertise regarding the possibility of such resale;
(c) distribute lottery tickets for the purpose of reselling referred to in paragraph (a);
(d) have in the person's possession lottery tickets for the purpose of reselling referred to in paragraph (a);
(e) conspire with another person to do anything referred to in paragraphs (a) to (d).
(3) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine of not more than $100 000.
(4) If a corporation commits an offence under subsection (2), an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence also commits the offence and is liable to the penalty set out in subsection (3) whether or not the corporation is convicted of the offence.
(5) An information in respect of an offence under this section must be laid within 2 years from the time when the subject matter of the information arose.
12 (1) The directors of the corporation may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the directors may make regulations as follows:
(a) limiting and regulating the sale of lottery tickets of the corporation by persons other than the corporation and prescribing the fees, commissions and discounts in such sales;
(b) governing the manner of selecting prize winners under a lottery or any class of lottery conducted by the corporation;
(c) prescribing the conditions and qualifications for entitlement to prizes in a lottery or any class of lottery.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada