Ontario Lottery and Gaming Corporation Act, 1999, S.O. 1999, c. 12, Sched. L

Ontario Lottery and Gaming Corporation Act, 1999

S.O. 1999, CHAPTER 12
Schedule L

Historical version for the period November 1, 2005 to December 19, 2006.

Amended by: 2004, c. 8, s. 46; 2004, c. 17, s. 31.

Interpretation

Definitions

1.In this Act,

“board” means the board of directors of the Corporation; (“conseil”)

“casino” means the part of a gaming premises that is used for the purpose of playing or operating games of chance but does not include a charity casino or slot machine facility; (“casino”)

“charity casino” means a gaming premises at which the betting limits and number of games of chance do not exceed the prescribed limit; (“casino de bienfaisance”)

“Corporation” means the Ontario Lottery and Gaming Corporation; (“Société”)

“game of chance” means a lottery scheme conducted and managed by the Corporation,

(a) that is played on or through a slot machine, or

(b) that is played on tables or on wheels of fortune, including card games, dice games, roulette or keno,

and includes such other lottery schemes as may be prescribed; (“jeu de hasard”)

“gaming premises” means a place kept for the purpose of playing or operating games of chance; (“lieu réservé au jeu”)

“lottery scheme” has the same meaning as in the Criminal Code (Canada); (“loterie”)

“Minister” means the member of the Executive Council designated by the Lieutenant Governor in Council to administer this Act; (“ministre”)

“prescribed” means prescribed by a regulation made under this Act; (“prescrit”)

“slot machine facility” means a gaming premises where games of chance are operated on or through a slot machine and includes the premises where services ancillary to the games of chance are provided but does not include a casino or a charity casino. (“salle d’appareils à sous”) 1999, c. 12, Sched. L, s. 1.

Ontario Lottery and Gaming Corporation

Corporation established

2.(1)A corporation without share capital is hereby established to be known in English as the Ontario Lottery and Gaming Corporation and in French as Société des loteries et des jeux de l’Ontario. 1999, c. 12, Sched. L, s. 2 (1).

Composition

(2)The Corporation is composed of at least five members to be appointed by the Lieutenant Governor in Council. 1999, c. 12, Sched. L, s. 2 (2).

Crown agency

(3)The Corporation is for all its purposes an agent of Her Majesty and all its powers may be exercised only as an agent of Her Majesty. 1999, c. 12, Sched. L, s. 2 (3).

Fiscal year

(4)The fiscal year of the Corporation is the same as the fiscal year of the Province. 1999, c. 12, Sched. L, s. 2 (4).

Other Acts

(5)The Corporations Act and the Corporations Information Act do not apply to the Corporation. 1999, c. 12, Sched. L, s. 2 (5).

Conflict of interest and indemnification

(6)Sections 132 and 136 of the Business Corporations Act apply to the Corporation and to the members of the board. 1999, c. 12, Sched. L, s. 2 (6).

Objects of the Corporation

3.The following are the objects of the Corporation:

1. To develop, undertake, organize, conduct and manage lottery schemes on behalf of Her Majesty in right of Ontario.

2. To provide for the operation of gaming premises.

3. To ensure that gaming premises are operated and managed in accordance with this Act and the Gaming Control Act, 1992 and the regulations made under the Acts.

4. To provide for the operation of any business that the Corporation considers to be reasonably related to operating a gaming premises, including any business that offers goods and services to persons who play games of chance in a gaming premises.

5. If authorized by the Lieutenant Governor in Council, to enter into agreements to develop, undertake, organize, conduct and manage lottery schemes on behalf of, or in conjunction with, the government of one or more provinces of Canada.

6. To do such other things as the Lieutenant Governor in Council may by order direct. 1999, c. 12, Sched. L, s. 3.

Powers of the Corporation

4.(1)Except as limited by this Act, the Corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects. 1999, c. 12, Sched. L, s. 4 (1).

Restriction, real property

(2)The Corporation is not authorized to acquire, hold or dispose of any interest in real property except with the approval of the Chair of Management Board and the Minister of Finance and on the terms set by them. 1999, c. 12, Sched. L, s. 4 (2).

Same, borrowing

(3)The Corporation is not authorized to borrow money on its credit or give security against property except with the approval of the Minister and the Minister of Finance. 1999, c. 12, Sched. L, s. 4 (3).

Guarantee of loan

(4)Subject to the approval of the Lieutenant Governor in Council, the Minister of Finance may, upon such conditions as he or she considers proper, guarantee, on behalf of Ontario, the repayment of any loan made to the Corporation, together with interest on the loan. 1999, c. 12, Sched. L, s. 4 (4).

Board of directors

5.(1)The board of the Corporation is composed of the members of the Corporation. 1999, c. 12, Sched. L, s. 5 (1).

Chair and vice-chair

(2)The Lieutenant Governor in Council may designate a chair and a vice-chair of the board from among the members of the board. 1999, c. 12, Sched. L, s. 5 (2).

Remuneration

(3)The members of the board shall be paid such remuneration as the Lieutenant Governor in Council determines. 1999, c. 12, Sched. L, s. 5 (3).

Quorum

(4)A majority of members of the board constitutes a quorum. 1999, c. 12, Sched. L, s. 5 (4).

Powers of the board

6.The board may make by-laws regulating its proceedings and generally for the conduct and management of the affairs of the Corporation. 1999, c. 12, Sched. L, s. 6.

Remuneration of senior employees

7.(1)The remuneration, including salary and benefits, of senior employees of the Corporation must be approved by the Minister. 1999, c. 12, Sched. L, s. 7 (1).

Employees’ pension plan

(2)The Corporation shall be deemed to have been designated by the Lieutenant Governor in Council under the Public Service Pension Act as an organization whose employees are required to be members of the Public Service Pension Plan. 1999, c. 12, Sched. L, s. 7 (2).

No personal liability

8.No action or other proceeding may be instituted against any member of the Corporation or person appointed to the service of the Corporation for any act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty. 1999, c. 12, Sched. L, s. 8.

Accounting system

9. (1) The Corporation shall establish and maintain an accounting system satisfactory to the Minister of Finance. 1999, c. 12, Sched. L, s. 9 (1).

Auditor

(2) The board shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit the accounts and financial transactions of the Corporation annually. 1999, c. 12, Sched. L, s. 9 (2); 2004, c. 8, s. 46.

Same

(3) The Minister may at any time require that any aspect of the affairs of the Corporation be audited by an auditor appointed by the Minister. 1999, c. 12, Sched. L, s. 9 (3).

Annual report

10.(1)Every year, the Corporation shall give the Minister a report on the affairs of the Corporation for the preceding fiscal year and shall include in the report such information as the Minister may specify. 1999, c. 12, Sched. L, s. 10 (1).

Same

(2)The Minister shall submit the Corporation’s annual report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session. 1999, c. 12, Sched. L, s. 10 (2).

Auditor’s report

(3)The board shall give the Minister a copy of every auditor’s report. 1999, c. 12, Sched. L, s. 10 (3).

Other reports, etc.

(4)The board shall give the Minister such additional information and reports as the Minister may request. 1999, c. 12, Sched. L, s. 10 (4).

Access by Corporation to other records

11. (1) The Corporation shall ensure that any person with whom it has entered into a contract to provide for the operation of a gaming premises or a related business is required to make available immediately to the Corporation upon request all reports, accounts, records and other documents in respect of the operation of the gaming premises or related business. 1999, c. 12, Sched. L, s. 11 (1).

Auditor General

(2) The reports, accounts, records and other documents shall be deemed to form part of the accounts of the Corporation for the purpose of the Auditor General Act. 1999, c. 12, Sched. L, s. 11 (2); 2004, c. 17, s. 31.

Gaming Premises, Lotteries and Games of Chance

Requirements re gaming premises

12.The Corporation shall not authorize a gaming premises to be established until the Corporation takes the prescribed steps and unless the Corporation requires the prescribed conditions to be met in respect of the proposed gaming premises. 1999, c. 12, Sched. L, s. 12.

Prohibition, sale of lottery tickets to minors

13.(1)No person who is authorized to sell lottery tickets, and no person acting on such a person’s behalf, shall sell a lottery ticket to a person under 18 years of age. 1999, c. 12, Sched. L, s. 13 (1).

Exception

(2)Subsection (1) is not contravened if the person sells a lottery ticket to a person relying on documentation of a prescribed type and if there is no apparent reason to doubt the authenticity of the documentation or to doubt that it was issued to the person producing it. 1999, c. 12, Sched. L, s. 13 (2).

Prohibition, games of chance

(3)No person who is under 19 years of age shall enter or remain in a gaming premises, except for a person acting in the course of employment. 1999, c. 12, Sched. L, s. 13 (3).

Same

(4)The Corporation shall not permit a person under 19 years of age to play a game of chance in a gaming premises. 1999, c. 12, Sched. L, s. 13 (4).

Prohibition

(5)No person shall enter or remain in a gaming premises contrary to a regulation made under this Act during the playing of a game of chance in the gaming premises. 1999, c. 12, Sched. L, s. 13 (5).

Offence

(6)A person who contravenes subsection (1), (3) or (5) is guilty of an offence. 1999, c. 12, Sched. L, s. 13 (6).

Same

(7)Every person who enters or remains in a gaming premises during the playing of a game of chance is guilty of an offence if the Corporation has served a direction on the person in accordance with a regulation made under this Act to leave or not to enter the gaming premises. 1999, c. 12, Sched. L, s. 13 (7).

Penalty

(8)A person convicted of an offence under this section is liable to a fine of not more than $50,000 in the case of an individual or $250,000 in the case of a person who is not an individual. 1999, c. 12, Sched. L, s. 13 (8).

Human Rights Code

(9)This section shall be deemed not to infringe the right of a person under section 1 of the Human Rights Code to equal treatment with respect to services, goods and facilities without discrimination because of age. 1999, c. 12, Sched. L, s. 13 (9).

General

Payments from certain revenue

14.(1)The Corporation shall make the following payments out of the revenue that it receives from lottery tickets, charity casinos and slot machine facilities:

1. Payment of prizes.

2. Payment of the operating expenses of the Corporation.

3. Payments made under agreements approved by the Minister of Finance for the distribution by the Corporation of the proceeds of lottery schemes for the support of activities and programs for the benefit of the people of Ontario. 1999, c. 12, Sched. L, s. 14 (1).

Payments from net revenue

(2)After making the payments required by subsection (1), the Corporation shall pay the remaining revenue from lottery tickets, charity casinos and slot machine facilities into the Consolidated Revenue Fund at such times and in such manner as the Minister of Finance may direct, to be available for appropriation by the Legislature,

(a) for the promotion and development of physical fitness, sports, recreational and cultural activities and facilities therefor;

(b) for the activities of the Ontario Trillium Foundation;

(c) for the protection of the environment;

(d) for the provision of health care, including the operation of hospitals and the provision of programs for problem gambling;

(e) for the activities and objectives of charitable organizations and non-profit corporations; and

(f) for the funding of community activities and programs. 1999, c. 12, Sched. L, s. 14 (2).

Unappropriated amounts

(3)The net profits of the Corporation paid into the Consolidated Revenue Fund in a fiscal year of Ontario under subsection (2) and not appropriated in that fiscal year for one or more of the purposes set out in that subsection shall be applied to the operation of hospitals, and shall be accounted for in the Public Accounts of Ontario as part of the money appropriated by the Legislature in the fiscal year for the operation of hospitals. 1999, c. 12, Sched. L, s. 14 (3).

Payment from casinos

(4)The Corporation shall make payments out of the revenue that it receives from the operation of casinos in accordance with the following priorities:

1. Payment of winnings to players.

2. Payments that the regulations made under this Act require the Corporation to make to the Consolidated Revenue Fund.

3. Payment of the operating expenses of the Corporation.

4. Payment of money to the Alcohol and Gaming Commission of Ontario under subsection 8 (2) of the Alcohol and Gaming Regulation and Public Protection Act, 1996.

5. Payments required to be made under any agreement entered into by the Corporation with the consent of the Minister of Finance for the distribution of money received from Casino Rama. 1999, c. 12, Sched. L, s. 14 (4).

Same, net revenues

(5)After making the payments required by subsection (4), the Corporation shall pay the remaining revenue from the operation of casinos into the Consolidated Revenue Fund at such times and in such manner as the Minister of Finance may direct. 1999, c. 12, Sched. L, s. 14 (5).

Regulations

15.(1)The Lieutenant Governor in Council may make regulations,

(a) defining words and expressions used in this Act that are not defined in this Act;

(b) regulating lottery schemes conducted and managed by the Corporation;

(c) prescribing the conditions and qualifications to entitlement to prizes in any lottery scheme conducted and managed by the Corporation;

(d) prescribing requirements for the establishment of a gaming premises;

(e) prohibiting classes of individuals from entering or remaining in a gaming premises during the playing of games of chance in the premises;

(f) prescribing requirements for the service of directions for the purposes of subsection 13 (7) and the date on which the service shall be deemed to have been made;

(g) requiring the Corporation to pay into the Consolidated Revenue Fund a specified percentage of the revenue that it receives from the operation of casinos under this Act after paying winnings to players, and prescribing the time for making such payments;

(h) exempting any person or premises from any requirement of this Act or a regulation, subject to such conditions as may be prescribed;

(i) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act. 1999, c. 12, Sched. L, s. 15 (1).

Same

(2)The Statutory Powers Procedure Act does not apply to the exercise of the power to make regulations under clause (1) (e). 1999, c. 12, Sched. L, s. 15 (2).

Same

(3)The percentage of revenue prescribed for the purposes of clause (1) (g) must not exceed 20 per cent. 1999, c. 12, Sched. L, s. 15 (3).

Classes

(4)A regulation may establish different requirements for different classes of person, premises or activity. 1999, c. 12, Sched. L, s. 15 (4).

Transitional Provisions

Assets and liabilities

16.(1)On the day this section comes into force,

(a) all rights, property and assets of the Ontario Lottery Corporation and the Ontario Casino Corporation immediately before this section comes into force become the rights, property and assets of the Corporation; and

(b) the Corporation becomes liable to pay and discharge all the debts, liabilities and obligations of the Ontario Lottery Corporation and the Ontario Casino Corporation that existed immediately before that day. 1999, c. 12, Sched. L, s. 16 (1).

Agreements

(2)Any agreement or instrument in effect immediately before this section comes into force to which the Ontario Lottery Corporation or the Ontario Casino Corporation is a party has effect on and after this section comes into force as if,

(a) the Corporation were substituted for the Ontario Lottery Corporation or the Ontario Casino Corporation, as the case requires, as a party to the agreement or instrument; and

(b) any reference in the agreement or instrument to the Ontario Lottery Corporation or the Ontario Casino Corporation were a reference to the Corporation. 1999, c. 12, Sched. L, s. 16 (2).

Same

(3)Subsection (2) does not constitute a breach, termination or repudiation of the agreement or instrument or the frustration of the agreement or instrument, or an event of default or force majeure. 1999, c. 12, Sched. L, s. 16 (3).

Continued status of board members

17.(1)The appointment of any member of the board of the Ontario Lottery Corporation or the Ontario Casino Corporation in effect immediately before this section comes into force shall be deemed to be an appointment to the Corporation. 1999, c. 12, Sched. L, s. 17 (1).

Same, employees

(2)Persons who are employees of the Ontario Lottery Corporation or the Ontario Casino Corporation immediately before this section comes into force are employees of the Corporation when this section comes into force. 1999, c. 12, Sched. L, s. 17 (2).

Benefits

(3)Service with the Ontario Lottery Corporation and the Ontario Casino Corporation of an employee shall be deemed to be service with the Corporation for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act or any other Act or under any employment contract. 1999, c. 12, Sched. L, s. 17 (3).

No constructive dismissal

(4)An employee appointed to the Corporation under subsection (2) shall be deemed not to have been constructively dismissed from the Ontario Lottery Corporation or the Ontario Casino Corporation. 1999, c. 12, Sched. L, s. 17 (4).

Outstanding proceedings

18.On the day this section comes into force, the Corporation becomes a party to each ongoing proceeding to which the Ontario Lottery Corporation or the Ontario Casino Corporation is a party immediately before this section comes into force, replacing the Ontario Lottery Corporation and the Ontario Casino Corporation. 1999, c. 12, Sched. L, s. 18.

19., 20. Omitted (amends or repeals other Acts). 1999, c. 12, Sched. L, ss. 19, 20.

21. Omitted (provides for coming into force of provisions of this Act). 1999, c. 12, Sched. L, s. 21.

22. Omitted (enacts short title of this Act). 1999, c. 12, Sched. L, s. 22.

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