BILL NO. 104

(as introduced)

3rd Session, 61st General Assembly
Nova Scotia
60 Elizabeth II, 2011



Government Bill



Gaming Control Act
(amended)



The Honourable John MacDonell
Minister responsible for Part II of the Gaming Control Act



First Reading: November 18, 2011

(Explanatory Note)

Second Reading: November 25, 2011

Third Reading: December 8, 2011 (LINK TO BILL AS PASSED)

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Explanatory Note

This Bill amends the Gaming Control Act to update the Act to reflect changes that have been made by various orders in council from 2000 to the present. The amendments reflect the revised operating structure by providing that the Minister of Service Nova Scotia and Municipal Relations is responsible for various inspection and enforcement roles previously carried out by the Nova Scotia Gaming Control Commission (subsequently, the Alcohol and Gaming Authority) and that the Nova Scotia Utility and Review Board is responsible for the adjudicative functions previously carried out by the Commission.

In addition, this Bill replaces the method of appointing the Executive Director and Directors. The Act requires an order in council at present, but the amendments will make these Civil Service Act positions.

This Bill also repeals Part V of the Justice and Administration Reform (2000) Act, which is not proclaimed, because the amendments made by Part V of that Act have been updated and replaced by this Bill.

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An Act to Amend Chapter 4
of the Acts of 1994-95,
the Gaming Control Act

Be it enacted by the Governor and Assembly as follows:

1 Section 3 of Chapter 4 of the Acts of 1994-95, the Gaming Control Act, is amended by

(a) striking out clause (c);

(b) striking out "of Gaming Control" in the second line of clause (g) and substituting "appointed pursuant to Section 41";

(c) striking out the period at the end of clause (q) and substituting a semi-colon; and

(d) adding immediately after clause (q) the following clause:

2 Subsection 12(5) of Chapter 4 is amended by striking out "Commission" in the first line and substituting "Utility and Review Board".

3 Clause 24(1)(e) of Chapter 4 is amended by striking out "Commission" in the second line and substituting "Minister of Service Nova Scotia and Municipal Relations".

4 Section 38 of Chapter 4 is repealed and the following Section substituted:

5 The heading immediately preceding Section 40 and Sections 40 to 55 are repealed and the following Sections substituted:

6 (1) Subsection 56(1) of Chapter 4 is amended by

(a) striking out "Commission" in the first line and substituting "Minister";

(b) striking out "it" in the second line of clause (a) and substituting "the Minister";

(c) adding "and" after the semicolon at the end of clause (b);

(d) striking out the semicolon at the end of clause (c) and substituting a period; and

(e) striking out clauses (d) to (g).

(2) Subsection 56(2) of Chapter 4 is repealed and the following subsection substituted:

(3) Subsection 56(3) of Chapter 4 is amended by striking out "Commission" in the first line and substituting "Utility and Review Board".

(4) Subsection 56(4) of Chapter 4 is amended by striking out "Commission" in the first and second lines and in the third line and substituting in each case "Utility and Review Board".

(5) Subsection 56(5) of Chapter 4 is repealed.

7 (1) Subsection 57(1) of Chapter 4 is amended by striking out "Commission" both times it appears in the eighth line and substituting in each case "Utility and Review Board".

(2) Subsection 57(2) of Chapter 4 is amended by striking out "Commission" in the first line and substituting "Utility and Review Board".

8 Section 58 of Chapter 4 is repealed and the following Section substituted:

9 Section 59 of Chapter 4 is repealed and the following Section substituted:

10 Sections 60 to 66 of Chapter 4 are repealed.

11 (1) Subsection 67(1) of Chapter 4 is amended by striking out "Commission" in the second line and substituting "Minister".

(2) Subsection 67(2) of Chapter 4 is amended by striking out "Commission" in the second line and substituting "Minister".

(3) Subsection 67(3) of Chapter 4 is amended by striking out "Commission" in the third line and substituting "Minister".

12 Chapter 4 is further amended by adding immediately after Section 67A the following Section:

13 Subsection 76(1) of Chapter 4 is amended by striking out "Commission" in the fourth line and substituting "Minister".

14 (1) Subsection 78(2) of Chapter 4 is amended by striking out "Commission" in the fourth line and substituting "Utility and Review Board".

(2) Subsection 78(3) of Chapter 4 is amended by striking out "Commission" in the third line and substituting "Utility and Review Board".

(3) Subsection 78(6) of Chapter 4 is amended by striking out "Commission" in the fourth line and substituting "Utility and Review Board".

(4) Subsection 78(7) of Chapter 4 is amended by striking out "Commission" in the third line and substituting "Utility and Review Board".

(5) Subsection 78(8) of Chapter 4 is amended by

(a) striking out "Commission" in the second line and substituting "Utility and Review Board"; and

(b) striking out "Commission" in the third line of clause (b) and substituting "Utility and Review Board".

(6) Subsection 78(9) of Chapter 4 is amended by striking out "Commission" in the second and in the third and fourth lines and substituting in each case "Utility and Review Board".

(7) Subsection 78(10) of Chapter 4 is amended by striking out "Commission" in the first and in the third lines and substituting in each case "Utility and Review Board".

(8) Subsection 78(11) of Chapter 4 is amended by striking out "Commission" in the second and in the third lines and substituting in each case "Utility and Review Board".

(9) Subsection 78(12) of Chapter 4 is amended by striking out "Commission" in the first line and substituting "Utility and Review Board".

15 (1) Subsection 79(4) of Chapter 4 is amended by striking out "Commission" in the second line and substituting "Executive Director or the Utility and Review Board, as the case may be,".

(2) Subsection 79(5) of Chapter 4 is amended by striking out "Commission" in the fifth line and substituting "Executive Director or the Utility and Review Board, as the case may be,".

16 Section 80 of Chapter 4 is amended by

(a) striking out (1) in the first line; and

(b) striking out "Commission" in the third line of clause (c) and substituting "Executive Director or the Utility and Review Board, as the case may be,".

17 (1) Subsection 83(1) of Chapter 4 is amended by

(a) striking out "Commission" in the first line substituting "Director of Registration"; and

(b) striking out "by the Commission" in the third line and substituting "pursuant to this Act".

(2) Subsection 83(2) of Chapter 4 is amended by striking out "Commission" in the third line substituting "Department".

18 Clause 92(2)(a) of Chapter 4 is amended by striking out "Commission" in the fourth line and substituting "Executive Director".

19 Subsection 93(3) of Chapter 4 is repealed and the following subsection substituted:

20 (1) Subsection 99(1) of Chapter 4 is amended by striking out "Commission" in the second line and substituting "Utility and Review Board".

(2) Subsection 99(4) of Chapter 4 is amended by striking out "Commission" in the first line and substituting "Utility and Review Board".

21 Section 101 of Chapter 4 is amended by striking out "Commission" in the first line and substituting "Executive Director".

22 (1) Subsection 103(1) of Chapter 4 is amended by striking out "Commission" in the first line and substituting "Minister".

(2) Subsection 103(2) of Chapter 4 is amended by

(a) striking out "Commission" in the first line and substituting "Minister"; and

(b) striking out "Executive Director's" in the second and third lines and substituting "Minister's".

23 (1) Subsection 111(3) of Chapter 4 is amended by striking out "Commission" in the last line and substituting "Utility and Review Board".

(2) Subsection 111(4) of Chapter 4 is amended by striking out "Commission" in the fourth line and substituting "Utility and Review Board".

24 (1) Subsection 112(3) of Chapter 4 is amended by striking out "Commission" in the last line and substituting "Utility and Review Board".

(2) Subsection 112(4) of Chapter 4 is amended by striking out "Commission" in the third line and substituting "Utility and Review Board".

(3) Subsection 112(5) of Chapter 4 is amended by striking out "Commission" in the second line and substituting "Executive Director or the Utility and Review Board, as the case may be,".

25 (1) Subsection 113(1) of Chapter 4 is amended by striking out "Commission" in the third and fourth lines and substituting "Utility and Review Board".

(2) Subsection 113(2) of Chapter 4 is amended by striking out "Commission" in the third line and substituting "Utility and Review Board".

(3) Subsection 113(3) of Chapter 4 is amended by

(a) striking out "Commission" in the first line and substituting "Utility and Review Board"; and

(b) striking out "Commission" in the third line of clause (b) and substituting "Utility and Review Board".

(4) Subsection 113(4) of Chapter 4 is amended by striking out "Commission" in the second and in the third lines and substituting in each case "Utility and Review Board".

(5) Subsection 113(5) of Chapter 4 is amended by striking out "Commission" in the first and in the third lines and substituting in each case "Utility and Review Board".

(6) Subsection 113(6) of Chapter 4 is amended by striking out "Commission" in the second and in the third lines and substituting in each case "Utility and Review Board".

(7) Subsection 113(7) of Chapter 4 is amended by striking out "Commission" in the first line and substituting "Utility and Review Board".

26 (1) Subsection 114(1) of Chapter 4 is amended by striking out ", the regulations or the Commission" in the last line and substituting "or the regulations".

(2) Subsection 114(2) of Chapter 4 is amended by striking out "Commission" in the third and fourth, in the fifth and in the last lines and substituting in each case "Utility and Review Board".

27 Subsection 115 of Chapter 4 is amended by

(a) striking out "Commission or Executive Director, after hearing" in the first and second lines and substituting "Executive Director or Utility and Review Board, after a hearing";

(b) striking out "Commission or Executive Director" in the fifth and sixth lines and substituting "Executive Director or Utility and Review Board"; and

(c) striking out "the Commission" in the sixth line.

28 (1) Subsection 116(1) of Chapter 4 is amended by striking out "Regulation" in the fifth line and substituting "Registration".

(2) Subsection 116(3) of Chapter 4 is amended by striking out "Commission" in the second and in the third and fourth lines and substituting in each case "Utility and Review Board".

29 Clause 117(d) of Chapter 4 is amended by striking out "Commission" in the third and in the fifth lines and substituting in each case "Utility and Review Board".

30 Chapter 4 is further amended by adding immediately preceding Section 119 the following Section:

31 Subsection 126(2) is repealed and the following subsection substituted:

32 (1) Subsection 127(1) of Chapter 4 is amended by

(a) striking out "Commission" in the first and second lines of clause (c) and substituting "Minister"; and

(b) striking out clauses (k), (l) and (m) and substituting the following clauses:

(c) striking out "Commission" in the second line of clause (n) and substituting "Utility and Review Board";

(d) striking out "Commission" in the second line of clause (o) and substituting "Utility and Review Board";

(e) adding immediately after clause (u) the following clause:

(f) striking out "Commission" in the first and second lines of clause (af) and substituting "Executive Director";

(g) striking out "Commission" in the first and second lines of clause (as) and substituting "Minister"; and

(h) striking out "Commission" in the first and second lines of clause (ay) and substituting "Executive Director".

(2) Subsection 127(2) of Chapter 4 is amended by striking out "Commission" in the first line and substituting "Minister".

(3) Subsection 127(4) of Chapter 4 is amended by striking out "Commission" in the second line and substituting "Minister".

33 (1) Subsection 128(3) of Chapter 4 is amended by adding "Nova Scotia Gaming Control" immediately before "Commission" in the third line.

(2) Section 128 of Chapter 4 is further amended by adding immediately after subsection (3) the following subsection:

(3) Subsection 128(5) of Chapter 4 is amended by striking out "the Commission" in the third line and substituting "Her Majesty in right of the Province".

(4) Subsection 128(6) of Chapter 4 is amended by striking out "or the Commission" in the last line and substituting ", the Minister or Her Majesty in right of the Province".

34 Chapter 28 of the Acts of 2000, the Justice and Administration Reform (2000) Act, is amended by

(a) striking out the two headings immediately preceding Section 25; and

(b) repealing Sections 25 to 54.

35 This Act, other than subclause 1(b) and clauses 4 and 5, comes into force on such day as the Governor in Council orders and declares by proclamation.

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