BILL NO. 81
(as introduced)
4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012
Gaming Control Act
(amended)
The Honourable David A. Wilson
Minister responsible for Part I of the Gaming Control Act
First Reading: May 7, 2012
Second Reading: May 8, 2012
Third Reading: May 17, 2012 (LINK TO BILL AS PASSED)
Explanatory Notes
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.
Clause 4(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 5 renames the Corporation and terminates the appointments of the members of the existing Board of Directors.
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.
Clause 15(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 16 provides that the costs associated with the entry into an agreement or the taking of an action, with the approval of the Minister responsible for Part I, that the Board considers necessary, incidental or conducive to meeting its objects or exercising its powers may be paid out of the Corporation's revenues.
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.
Clause 20 provides for the coming into force of this Act.An Act to Amend Chapter 4
of the Acts of 1994-95,
the Gaming Control Act
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".
4 Section 6 of Chapter 4 is repealed and the following Section substituted:(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.
(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.
6 Clause 10(d) of Chapter 4 is repealed and the following clause substituted:
(a) adding "(1)" after the Section number; and
(b) adding the following subsection:
(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.
(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.
(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)".
14 Clause 24(1)(c) of Chapter 4 is repealed and the following clause substituted:
(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:
(2) Subsection 25(4) is amended by striking out "or (c)" in the second line and substituting ", (c) or (f)".
16 Section 26 of Chapter 4 is amended by
(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".
18 Clause 29(1)(e) of Chapter 4 is repealed and the following clause substituted: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.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2012 Crown in right of Nova Scotia. Created May 7, 2012. Send comments to legc.office@novascotia.ca.
