BILL NO. 81

(as introduced)

4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012

Government Bill

Gaming Control Act
(amended)

The Honourable David A. Wilson
Minister responsible for Part I of the Gaming Control Act

First Reading: May 7, 2012

(Explanatory Notes)

Second Reading: May 8, 2012

Third Reading: May 17, 2012 (LINK TO BILL AS PASSED)

Clause 1 provides that the purpose of the Act includes establishing a framework for conducting, managing, controlling, regulating and investing in casinos, other lottery schemes and related businesses so as to increase the level of sustainable economic activity within Nova Scotia and increase the net revenue of the Government.

Clause 2 amends the definition of "Corporation" to reflect the new name of the Nova Scotia Gaming Corporation.

Clause 3 amends a heading to reflect the new name of the Nova Scotia Gaming Corporation.

(a) adds a definition of "Deputy Minister"; and

(b) changes the definition of Minister in Part I of the Gaming Control Act to mean the member of the Executive Council assigned responsibility for Part I of that Act.

Clause 6 clarifies the objects of the Corporation.

Clause 7 authorizes the Board of the Corporation to make by-laws to manage the Corporation's affairs and business.

Clause 8 changes the composition of the Board, provides for the term of appointment for Board members appointed by the Governor in Council and limits the total number of terms that may be served by Governor in Council appointees.

Clause 9 provides that the Deputy Minister responsible for Part I of the Gaming Control Act is the Chair of the Board, and provides for the selection of a member to preside over a Board meeting in the absence of the Chair.

Clause 10 provides that the quorum must include at least three of the following: the Deputy Minister responsible for Part I of the Gaming Control Act, the Deputy Minister of Finance, the Deputy Minister of Health and Wellness and the public servant appointed by the Minister responsible for Part I.

Clause 11 provides that the Minister determines the head office of the Corporation.

Clause 12 removes the requirement that the Corporation receive approval from the Governor in Council when engaging the services of professional persons, technical persons and experts.

Clause 13 corrects an error in a cross-reference.

Clause 14 requires the Corporation to make available to the public a copy of the rules of games of chance offered in a casino.

(a) replaces references to the Governor in Council with references to the Minister responsible for Part I of the Gaming Control Act;

(b) authorizes the Corporation to, with the approval of the Minister responsible for Part I, enter into an agreement or take any action that the Board considers necessary, incidental or conducive to meeting its objects or exercising its powers; and

(c) extends the provision that constitutes as agents of the Crown persons who enter into certain agreements with the Corporation to persons who enter into an agreement with the Corporation that the Board considers necessary, incidental or conducive to meeting its objects or exercising its powers.

Clause 17 extends the tax-exempt status of the Corporation and its property to wholly-owned subsidiaries of the Corporation and the property of those subsidiaries.

Clause 18 makes an amendment consequential to the amendment contained in paragraph 16(b).

(a) corrects an error in the Gaming Control Act; and

(b) repeals provisions that allow for a casino operator or a casino complex to be exempted from a municipal by-law.

1 Clause 2(a) of Chapter 4 of the Acts of 1994-95, the Gaming Control Act, is amended by striking out "and regulating casinos and other lottery schemes" in the second and third lines and substituting ", regulating and investing in casinos, other lottery schemes and related businesses".

2 Clause 3(d) of Chapter 4 is amended by striking out "Gaming" in the first and second lines and substituting "Provincial Lotteries and Casino".

3 The heading immediately preceding Section 6 of Chapter 4 is amended by striking out "GAMING" in the second line and substituting "PROVINCIAL LOTTERIES AND CASINO".

6 In this Part,
(a) "Deputy Minister" means the deputy minister assigned responsibility for this Part;

(b) "Minister" means the member of the Executive Council assigned responsibility for this Part.

8 (1) The Nova Scotia Gaming Corporation is hereby continued as a body corporate under the name Nova Scotia Provincial Lotteries and Casino Corporation.

(2) The members of the Board who held office immediately before the coming into force of this Section cease to hold office upon the coming into force of this Section.

(d) with the approval of the Minister, do such other things within the expertise of the Corporation in respect of casinos, lottery schemes and lottery and gaming services in order to increase the net revenue of the Province.

(a) adding "(1)" after the Section number; and

(b) adding the following subsection:

(2) The Board of Directors may make by-laws for the management of the business and affairs of the Corporation.

(1) The Board consists of
(a) the Deputy Minister;

(b) the Deputy Minister of Finance;

(c) the Deputy Minister of Health and Wellness or a person designated by the Deputy Minister of Health and Wellness;

(d) a public servant appointed by the Minister; and

(e) where the Governor in Council considers it advisable, not more than three persons appointed by the Governor in Council.

(2) Where the Deputy Minister is the Deputy Minister of Finance or the Deputy Minister of Health and Wellness, the Deputy Minister has and is entitled to exercise two votes.

(3) A member of the Board appointed pursuant to clause (1)(e)

(a) holds office for such term, not exceeding three years, as the Governor in Council determines; and

(b) may be re-appointed, but in no case may a member serve for more than three consecutive terms.

13 (1) The Deputy Minister is the Chair of the Board.

(2) In the absence of the Chair, the members of the Board present at a meeting of the Board shall select one of the members present to preside over the meeting.

14 (1) Subject to subsection (2), a majority of the members of the Board constitutes a quorum.

(2) The quorum must include at least three of the members of the Board referred to in clauses 12(1)(a) to (d).

11 Section 17 of Chapter 4 is amended by striking out "Governor in Council" in the last line and substituting "Minister".

12 Subsection 19(2) of Chapter 4 is amended by striking out "with the approval of the Governor in Council and" in the first and second lines.

13 Subsection 20(2) of Chapter 4 is amended by striking out "(1)(b)" in the second line and substituting "25(1)(b)".

(c) make available to the public a copy of the rules of play for games of chance offered in a casino as approved pursuant to Part II;

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

(b) striking out "Governor in Council," in the first and second and in the last lines of clause (b) and substituting in each case "Minister";

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

(d) striking out "Governor in Council" in the first and second lines of clause (d) and substituting "Minister";

(e) striking out "Governor in Council" in the first and second lines of clause (e) and substituting "Minister"; and

(f) striking out clause (f) and substituting the following clause:

(f) with the approval of the Minister, enter into any other agreement or take any other action that the Board considers necessary, incidental or conducive to meeting its objects or exercising its powers;

(a) striking out "and" in the second line and substituting a comma; and

(b) adding "and any cost associated with the exercise of the Corporation's powers pursuant to clause 25(f)" immediately after "schemes" in the third line.

17 Subsection 27(1) of Chapter 4 is amended by striking out "and its property" in the first line and substituting ", its wholly-owned subsidiaries and the property of the Corporation and its wholly-owned subsidiaries".

(e) payments pursuant to Section 26;

19 (1) Clause 37(1)(a) of Chapter 4, as amended by Chapter 4 of the Acts of 2003, is further amended by striking out "does" in the first line and substituting "do".

(2) Subsections 37(3) and (4) of Chapter 4 are repealed.

20 Sections 2 to 5, 7 to 11 and 14 and clauses 15(1)(a) and 15(c) to (e) come into force on such day as the Governor in Council orders and declares by proclamation.