| This consolidation is unofficial and is for reference only.
For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations, or refer to the Royal Gazette Part II. |
| Regulations are amended frequently.
Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation. |
| Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. |
| This electronic version is copyright ©
, Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form. |
Carnival and Charitable Gaming Regulations
made under Section 127 of the
Gaming Control Act
S.N.S. 1994-95, c. 4
Order in Council 95-258 (effective April 4, 1995), N.S. Reg. 39/95
as amended to O.I.C. 2018-17 (effective January 23, 2018), N.S. Reg. 14/2018
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
Licences
Exclusions
Application
Expenses
Fees
Other terms and conditions
Amendment, suspension or cancellation
Reports and forms
Conduct and operation of games of chance
Advertising
No delegation
Age limit
Inspectors or auditors
Collection
Offences
Citation
1 These regulations may be cited as the Carnival and Charitable Gaming Regulations.
Definitions
2 In these regulations
“accountant” means
(i) a public accountant within the meaning of the Public Accountants Act, or
(ii) a person who provides services in the nature of the investigation or audit
of accounting records, the preparation of balance sheets, profit and loss
statements and financial statements, bookkeeping, cost accounting,
budget preparation, payroll preparation, preparation of tax returns and
account reconciliation,
but does not include the services of any such public accountant or other such person
acting as a liquidator, receiver, receiver-manager, trustee in bankruptcy or other like
person;
“Act” means the Gaming Control Act;
“advertising” means any form of notice, the apparent purpose of which is to convey
information to the public in and by newspaper or other printed publication, poster,
circular notice, radio, television or any other form or medium of public
communication;
“agricultural exhibition” includes an event where agricultural or fishing products are
presented or where activities relating to agriculture or fishing take place;
“charitable, religious community objects or purposes” means objects or purposes for
(i) the alleviation of poverty or the consequences of poverty,
(ii) education including the advancement of literacy,
(iii) the furthering of religious or societal values, or
(iv) any other purposes beneficial to the community;
“charitable or religious organization” includes an organization that performs acts in
furtherance of charitable, religious or community objects or purposes without profit
or personal financial gain to its members;
“commercial carnival” includes a game of chance, the purpose of which is to provide
amusement or recreation for the public, that is conducted for gain and that is played
in a building, tent, enclosure, place or structure, and the apparatus, machine,
contrivance or device at or by which the game of chance is played;
“expenses” means all expenses incurred in the conduct and management of a lottery
scheme licensed pursuant to these regulations;
“game of chance” means a lottery scheme licensed pursuant to these regulations;
“gross receipts” means the total revenue derived from all sources in the conduct and
management of a game of chance;
“inspectors or auditors” means inspectors or auditors appointed pursuant to the Act
or these regulations, members of the Royal Canadian Mounted Police or members of
a municipal police force within the meaning of the regulations made pursuant to the
Police Act;
“licence” means a licence to conduct and manage a game of chance issued pursuant
to these regulations;
“licensee” means a person or charitable or religious organization licensed to conduct
and manage a game of chance pursuant to these regulations;
“merchandise game” means a game of chance offering items of merchandise as
prizes;
“money prize game” means a game of chance offering money as prizes;
“monte carlo, casino or millionaire events” means charitable events which include
events at which merchandise games of chance are played without the use of legal
tender; and
total profit” means gross receipts less expenses.
Licences
3 The Executive Director may, upon application by a person or charitable or religious
organization, issue a licence to conduct a game of chance at a public place.
Exclusions
4 A person that conducts or manages bingo at an annual agricultural exhibition shall not
require a licence where by virtue of subsection 206(3) of the Criminal Code (Canada),
clauses 206(1)(f) and (g) thereof do not apply to that person.
Application
5 (1) An applicant for a licence shall indicate on the application the
(a) name and address of the applicant;
(b) proposed start and finish date of the game of chance;
(c) proposed location of operation of the game of chance;
(d) proposed times of operation of the game of chance;
(e) description of the game of chance;
(f) name of the game of chance;
(g) proposed number of games of chance;
(h) names, addresses and telephone numbers of two representatives of the
applicant; and
(i) if the application is made by a charitable or religious organization, the
geographical location expected to benefit from the funds raised.
(2) After conducting a game of chance, a licensee shall file with the Executive Director,
a game of chance report showing
(a) the name and address of the licensee;
(b) the licence number issued by the Executive Director;
(c) the location of operation of the game of chance;
(d) the number of merchandise games;
(e) the number of money prize games;
(f) the gross receipts of the game of chance;
(g) the expenses of the game of chance;
(h) the total value of all prizes awarded at the game of chance;
(i) the total profit of the game of chance;
(j) the name of the financial institution to which deposits are made;
(k) the total amount deposited to the licensee's account at a financial institution;
and
(l) if the application is made by a charitable or religious organization, the
geographical areas which received benefit from the funds raised.
Expenses
6 Wages, salaries or other expenses paid by the licensee, either directly or indirectly, for
conducting, managing or assisting in the conduct or management of a game of chance may
be deducted from the gross receipts, provided that the Executive Director determines that
such wages, salaries or other expenses are fair and reasonable.
Fees
7 Every licensee shall pay to the Department the following fees:
(a) for a game of chance awarding a cash prize, $12.05 per day;
(b) for a game of chance awarding a merchandise prize, no fee;
(c) for a game of chance awarding a cash prize other than bingo operated at an
outdoor carnival, $6.05 per day; and
(d) $30.15 dollars payable with the application for a licence for monte carlo,
casino or millionaire events.
8 (1) Licensing fees are payable to the Department, and an applicant for a licence must
forward payment of the licensing fee to the Executive Director with their application.
(2) Fees payable to the Department pursuant to these regulations are not refundable.
Other terms and conditions
9 A licence is not transferable or assignable.
10 The Executive Director may impose such other terms and conditions on a licensee as it
considers necessary for the proper administration of these regulations.
Amendment, suspension or cancellation
11 The Executive Director may amend, suspend or cancel a licence where
(a) a licensee provides any incorrect information on its application;
(b) the licensee does not provide the Executive Director with changes to
information contained in the application within 15 days of the change;
(c) a licensee contravenes any requirement of the application or breaches any term
or condition of the licence or any provision of the Act or these regulations; or
(d) the Executive Director determines that it is in the public interest to amend,
suspend or cancel the licence.
Reports and forms
12 (1) The Executive Director may require a licensee to submit reports in addition to the
report required under subsection 5(2).
(2) Applications, reports and licences shall be in such form as the Executive Director
prescribes or approves from time to time.
(3) Every licensee shall keep such records and books of account as the Executive
Director may require for the administration and enforcement of these regulations.
Conduct and operation of games of chance
13 No licensee shall reschedule the date of operation of a game of chance without the prior
written approval of the Executive Director.
14 If the licensee is a charitable or religious organization, it shall conduct a game of chance in
the place set out in the application and authorized in the licence.
Advertising
15 (1) No licensee shall in any way engage in advertising or permit anyone with whom the
licensee contracts to engage in advertising for money prize games that
(a) imply money prize games promote or are required for social acceptance,
personal or financial success or the resolution of any economic, social or
personal problems;
(b) contains endorsements by well-known personalities that suggest playing money
prize games contributed to their success;
(c) is specifically directed at encouraging individuals under 19 years of age to play
money prize games; or
(d) compares playing money prize games to other forms of gaming in Nova
Scotia.
(2) All advertising shall display the name of the licensee and the licence number issued
by the Executive Director.
(3) Only the licensee shall advertise or promote the game of chance.
No delegation
16 Where a licence is issued,
(a) only personnel under the direct supervision of the licensee shall conduct,
manage or assist in the conduct or management of the game of chance; and
(b) only the licensee shall operate the game of chance and handle cash
transactions.
Age limit
17 (1) No licensee, its employees, servants or agents shall permit a person under the age of
19 years to
(a) have access to the gaming premises area where monte carlo, casino or
millionaire events are held; or
(b) play money prize games.
(2) No licensee, its employees, servants or agents shall fail to take necessary steps to
prevent a person under the age of 19 years from
(a) having access to the gaming premises area where monte carlo, casino or
millionaire events are held; or
(b) playing money prize games.
(3) No person under the age of 19 years shall
(a) seek access to the gaming premises area where monte carlo, casino or
millionaire events are held; or
(b) play money prize games.
Inspectors or auditors
18 (1) The Minister may appoint inspectors or auditors for the administration of the Act
and these regulations.
(2) Inspectors or auditors shall have the power to inquire into the conduct and
management of a game of chance and shall advise the Executive Director of the
results of their inquiries.
(3) Inspectors or auditors may enter at any reasonable time, on or about the premises
occupied by any licensee or the premises where the records of the licensee are kept
or believed to be kept, to determine whether the Act and these regulations are being
and have been complied with or to inspect, audit and examine books of account,
records, documents and receipts.
(4) The person occupying the premises referred to in subsection (3) shall answer all
questions posed by the inspectors or auditors and shall produce such books of
account, records, documents and receipts as may be required.
(5) All records relating to the conduct and operation of a game of chance shall be
retained by the licensee for a least 3 years after the expiration of the licence period
unless their destruction at an earlier date is expressly authorized in writing by the
Executive Director.
(6) A licensee holding a licence having a term of 90 days or more, shall submit a
financial statement to the Executive Director with each application for the renewal of
such licence and the Executive Director may require the applicant, at the expense of
the applicant, to submit such statement in the form of an independent audit of the
applicant's financial affairs conducted by an accountant.
Collection
19 Any amounts that are due and payable to the Department under the Act or these
regulations may be recovered by action in any court of competent jurisdiction as a debt due
to the Department and the court may make an Order as to the costs of such action.
Offences
20 Every person who contravenes a provision of these regulations is guilty of an offence and
is liable, on summary conviction, to a fine of not more than $3000 and, in default of
payment, to imprisonment for a term not exceeding 6 months.
Legislative History
Reference Tables
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Carnival and Charitable Gaming Regulations
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N.S. Reg. 39/1995
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Gaming Control Act
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Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only.
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Source Law
The current consolidation of the
Carnival and Charitable Gaming Regulations made
under the Gaming Control Act includes all of the
following regulations:
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39/1995
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Apr 4,
1995
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date
made
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Apr
28, 1995
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75/2004
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Apr 1,
2004
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date
specified
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Apr 6,
2004
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170/2008
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Apr 1,
2008
|
date
specified
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Apr
18, 2008
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112/2009
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Apr 1,
2009
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date
specified
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Apr
14, 2009
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85/2011
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Apr 1,
2011
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date
specified
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Apr
15, 2011
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111/2013
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Apr 1,
2013
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date
specified
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Apr
12, 2013
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14/2018
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Jan
23, 2018
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date
specified
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Feb 2,
2018
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The
following regulations are not yet in force and are not included in the current
consolidation:
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
|
ad. = added
am. = amended
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fc. = fee change
ra. = reassigned
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rep. = repealed
rs. = repealed and substituted
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2 ........................................................
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am.
14/2018 (clause letters removed)
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2, defn. of “Commission” ..........
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rep. 14/2018
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3........................................................
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am. 14/2018
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5(2) ..................................................
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am. 14/2018
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6 .......................................................
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am. 14/2018
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7 .......................................................
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fc. 75/2004, 170/2008, 112/2009, 85/2011, 111/2013; am.
14/2018
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8(1) ..................................................
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rs. 14/2018
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8(2) ..................................................
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am. 14/2018
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10-13 ................................................
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am. 14/2018
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15(2) ................................................
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am. 14/2018
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18(1)-(2) ..........................................
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am. 14/2018
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18(5)-(6) ..........................................
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am. 14/2018
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19 .....................................................
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am. 14/2018
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Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections:
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1
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The Nova Scotia Gaming
Control Commission and the Liquor License Board amalgamated as the Alcohol
and Gaming Authority by O.I.C. 97-470 under the Gaming Control Act,
S.N.S. 1984-95, c. 4, the Liquor Control Act, R.S.N.S. 1989, c. 260,
the Theatres and Amusements Act, R.S.N.S. 1989, c. 466 and the Interpretation
Act, R.S.N.S. 1989, c. 235.
(corrected by N.S. Reg. 14/2008, which removed or
replaced all references to the Commission to reflect amendments to the Act
made by S.N.S. 2011, c. 63, proclaimed in force by N.S. Reg. 10/2018)
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Jul 15, 1997
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2
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The Public Accountants Act referred to in s. 2
is repealed by s. 34 of the Financial Measures (2019) Act, S.N.S.
2019, c. 4. Refer to the Chartered
Professional Accountants Act, S.N.S. 2015, c. 55 for continued licensing
of public accountants.
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Sep 1, 2019
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Repealed and Superseded:
Note: Only
regulations that are specifically repealed and replaced appear in this
table. It may not reflect the entire
history of regulations on this subject matter.