BILL NO. 36

1st Session, 57th General Assembly
Nova Scotia
47 Elizabeth II, 1998

Private Member's Bill

Gaming Control Act
(amended)

Helen MacDonald
Cape Breton The Lakes

First Reading: October 20, 1998

(Explanatory Note)

Second Reading:

Third Reading:

This Bill authorizes the holding of a plebiscite respecting the operation of video lottery terminals in a community and, where the vote is against such operation, prohibits their operation in that community.

Be it enacted by the Governor and Assembly as follows:

1 Chapter 4 of the Acts of 1994-95, the Gaming Control Act, is amended by adding immediately after Section 67 the following Sections:

67A (1) In this Section and Sections 67B to 67D,

(a) "community" means a municipality and includes a voting area designated pursuant to subsection (3);

(b) "municipality" means a regional municipality, a town or a municipality of a county or district;

(c) "video lottery terminal" means a game or contrivance played for consideration, singly or in conjunction with another or others, in or through a computer, microprocessor or video machine, whether manual, mechanical or electrical, but does not include a video lottery terminal for which a registration certificate, licence or permit is, or has been, issued or renewed by a band gaming commission established pursuant to an agreement between Her Majesty in right of the Province and a band within the meaning of the Indian Act (Canada).

(2) Where the Commission receives

(a) a copy of a resolution of the council of a community that is a municipality; or

(b) a petition of at least twenty per cent of the resident electors of a community,

requesting that a vote of the resident electors of the community, respectively, be taken on the question of the operation of video lottery terminals in the community, the Commission may, subject to Section 67D, take a vote of those electors in the manner prescribed in this Section, Sections 67B and 67C and the regulations made pursuant to this Section.

(3) Notwithstanding subsection (2), the Commission may at the request of any person designate as a "voting area" any area comprised of a municipal polling district or districts or combination of municipal polling districts, or any combination of these districts and one or more towns.

(4) Where a vote is taken pursuant to this Section, the ballot paper shall contain the following words:

Are you in favour of the operation of video lottery terminals in your community?
	Yes
	No

(5) Where a vote of the electors is to be taken pursuant to this Section,

(a) the voting upon the question of the proposed sale shall be by ballot on a day fixed by the Commission;

(b) notice of the time and place of the voting shall be given by a notice conspicuously posted in several public places in the community and by advertisement in a newspaper published in the community or, if no newspaper is published in the community, in a newspaper having general circulation in the community and by such other media as the Commission may determine;

(c) the voting on such question shall be in accordance with the regulations made pursuant to this Section;

(d) the Commission shall provide, or cause to be provided, a suitable place or places in the community in which the vote upon the question may be taken;

(e) the Commission shall appoint one or more officers to receive and conduct the vote in such places and any officer so appointed has the same powers and privileges as the corresponding officers in the case of an election for a member of the House of Assembly; and

(f) generally, Sections 124 to 127 and Sections 198 to 218 of the Elections Act apply mutatis mutandis in so far as applicable.

(6) The officers appointed to receive and conduct the vote shall immediately after the close of the poll proceed to open the ballot boxes and, in the presence of the clerk at the poll and of at least three electors, to add together the number of votes in favour of the question submitted and the number of votes against the question submitted and shall make a return to the Commission in such form and in such manner as may be prescribed by the regulations made pursuant to this Section.

(7) The Commission may make a tariff of fees, costs, allowances and expenses to be paid and allowed to persons appointed to conduct and receive the vote and of other persons employed at or with respect to the taking of the vote and may from time to time revise and amend the tariff.

(8) The fees, costs, allowances and expenses shall be paid by the Commission.

(9) Subject to the approval of the Governor in Council, the Commission shall give such directions and make such regulations and prepare such forms as may appear to be necessary or convenient for carrying out this Section and for the guidance of persons appointed to conduct and receive the vote and other officers or persons employed in the taking of a vote and may apply, modify or alter any of the provisions of the Elections Act and may make due provision for circumstances that may arise and that are not otherwise provided for.

(10) The exercise of the authority contained in subsections (7) and (9) are regulations within the meaning of the Regulations Act.

(11) Subject to Section 67C, the forms to be used at the taking of a vote upon the question and the procedure with respect to voting and other matters shall be the same as nearly as may be as in the case of an election of a member to the House of Assembly but such forms and procedure may be modified and altered to such extent as may be deemed necessary.

67B (1) An enumeration shall be conducted in the community and persons entitled to vote are the electors named on the official list of electors prepared for the vote and other persons permitted to vote in accordance with this Section.

(2) The person conducting the vote shall appoint one enumerator for each polling division unless the Commission directs that additional enumerators be appointed.

(3) The enumeration shall be conducted in accordance with the Elections Act as it may be modified or altered by the Commission in the circumstances.

(4) A person whose name is not on the official list of electors shall be permitted to vote on ordinary polling day following the procedure in the Elections Act as modified or altered by the Commission in the circumstances.

67C (1) Except as otherwise provided by Section 67A or 67B or the regulations made pursuant to Section 67A, the provisions of the Elections Act respecting

(a) the time and manner of holding the poll;

(b) the holding of advance polls;

(c) the secrecy of voting;

(d) the forms to be used and the oaths to be administered; and

(e) the powers and duties of persons acting as returning officers, deputy returning officers and poll clerks,

and all the provisions relating to corrupt practices, illegal acts, offences and penalties and their prosecutions apply to the taking of a vote by or under the direction of the Commission.

(2) Notwithstanding this Act or the regulations made pursuant to Section 67A, only persons of the full age of nineteen years are eligible to vote where a vote is taken pursuant to Section 67A.

(3) Notwithstanding this Act or the regulations made pursuant to Section 67A, ballot papers shall be marked by electors in accordance with the Elections Act.

(4) Any qualified elector may petition for a judicial recount.

(5) The person conducting the vote may petition for a recount where that person has reasonable and probable grounds to believe that votes were conducted improperly.

(6) The Controverted Elections Act applies mutatis mutandis to the taking of a vote by or under the direction of the Commission.

(7) Notwithstanding this Act, where the Elections Act is amended during the conduct of a vote, the amendments do not apply to the conduct of that vote.

67D (1) Where a majority of the electors who vote on a question pursuant to Sections 67A to 67C,

(a) vote in the affirmative, video lottery terminals may continue to be operated in the community in accordance with this Act and the regulations;

(b) vote in the negative, then, notwithstanding any registration certificate, licence or permit issued pursuant to this Act, no video lottery terminals may be operated in the community after sixty days following the vote unless an affirmative vote has been given on another vote taken pursuant to Sections 67A to 67C.

(2) Where a vote has been taken in a community pursuant to Sections 67A to 67B, no further or other vote shall again be taken in that community until a period of five years has elapsed from the taking of the vote and a request for a vote has been made to the Commission in accordance with Section 67A.