Interprovincial Ticket Lotteries Regulations

made under Section 127 of the

Gaming Control Act

S.N.S. 1994-95, c. 4

O.I.C. 2024-43 (effective February 9, 2024), N.S. Reg. 29/2024

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
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Citation

Definitions

Recognized organization

Interprovincial ticket lottery licence

Exception to Ticket Lottery Regulations

Interprovincial agreement

Licence application

Applicant to deposit bond

Form of application, report or licence

Licence terms and conditions

Term of licence

Licence is not transferable

Limit to time period for ticket sales

Suspension or cancellation of licence

Lottery ticket requirements

House rules

Designated goods and services

Registered charitable gaming operating equipment suppliers

Charitable gaming operating equipment supplier registration or renewal

Charitable gaming operating equipment

Appendix A List of Recognized Organizations

Citation

1 These regulations may be cited as the Interprovincial Ticket Lotteries Regulations.

Definitions

2 In these regulations,

“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;

“charitable gaming operating equipment” means any materials, machines, websites, computer software or related items used in a ticket lottery to

(i) sell lottery tickets in the Province,

(ii) account for sales in the Province,

(iii) facilitate the selection of winners in a draw for which purchasers in the Province are eligible, or

(iv) pay prizes for which purchasers in the Province are eligible;

“charitable or religious organization” means a charitable or religious organization under paragraph 207(1)(b) of the Criminal Code (Canada) that performs acts in furtherance of charitable, religious or community objects or purposes without profit or personal financial gain to its members;

“charitable, religious or 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;

“conduct and manage” includes advertising, marketing, offering for sale, selling or attempting to sell lottery tickets in relation to a ticket lottery;

“Department” means the Department of Service Nova Scotia;

“draw” means the determination by lot of the winner or winners of a ticket lottery;

“gross sales” means the total amount of money received by the licensee from all sources in the conduct and management of a ticket lottery scheme in all provinces operating the scheme;

“house rules” means the written rules made by a licensee, in addition to these regulations, for the purpose of the conduct and management of a ticket lottery;

“inspectors or auditors” means inspectors or auditors appointed under 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 under the Police Act;

“interprovincial agreement” means an agreement between the Province and the government of another province as referenced in subsection 207(1) of the Criminal Code (Canada) that meets the requirements in Section 6;

“licensee” means a person who is a recognized organization and holds a licence issued by the Executive Director under these regulations;

“lottery ticket” means a ticket in relation to a ticket lottery that is licensed under these regulations;

“net proceeds” means the amount of money raised by the licensee for sales in the Province after deducting the allowable expense amount in accordance with subsection 22(1);

“operating expenses” means all expenses incurred, directly or indirectly, in the conduct and management of the scheme by the licensee in all provinces operating a ticket lottery scheme, including licensing and other associated government fees, wages, salaries and prize costs;

“Province” means the Province of Nova Scotia;

“purchaser” means any person who acquires a lottery ticket through a sale for use of the purchaser or for use by other persons at the expense of the purchaser or on behalf of or as agent for a principal who desires to acquire that lottery ticket at the expense of the purchaser;

“recognized organization” means a charitable or religious organization that is recognized by the Governor in Council as eligible to apply for a licence and included on the list in Appendix A;

“sale” means a transfer of title by which at a price in money paid by a purchaser to a vendor, a vendor delivers to a purchaser a ticket for a ticket lottery;

“sales in the Province” means the total money received by the licensee for a ticket lottery from all sources within the Province;

“ticket lottery” means a lottery scheme for which a licence has been issued under these regulations and by which a prize comprised of an article of value or cash or both, or reward of any kind, is awarded or disposed of by selling to a number of persons, for a fraction of the value of the prize, a chance of winning the prize, any winner being determined by lot.

Recognized organization

3 A religious or charitable organization located outside of the province may be a recognized organization if the Governor in Council is satisfied all of the following conditions are met:

(a) the charitable or religious organization has not been convicted of a breach of a gaming or fraud provision under the Criminal Code (Canada);

(b) the operation of the proposed ticket lottery by the organization does not unfairly advantage or disadvantage any charitable or religious organization operating an authorized lottery scheme in the Province;

Interprovincial ticket lottery licence

4 Upon application by a recognized organization, the Executive Director may issue a licence to that recognized organization to conduct and manage in the Province a lottery scheme that is authorized to be conducted and managed in 1 or more other provinces, provided that all of the following conditions are met:

(a) there is a current interprovincial agreement for the recognized organization with the government of the province where the lottery scheme was first authorized to be conducted and managed;

(b) the applicant undertakes in the application that the net proceeds from lottery ticket sales originating in the Province will be used for charitable, religious or community objects or purposes in the Province;

(c) the Executive Director is satisfied that the ticket lottery will be conducted and managed with honesty, integrity and in the public interest as it relates to purchasers in the Province, and, except in the case of a registered charitable gaming operating equipment supplier providing charitable gaming operating equipment to a licensee under these regulations, the Executive Director must consider all of the following factors:

(i) whether only personnel under the supervision of the licensee will conduct, manage or assist in the conduct or management of the ticket lottery in the Province,

(ii) whether only the licensee will be responsible for advertising or promoting the ticket lottery in the Province,

(iii) whether any person convicted of any criminal offence, for which that person did not receive a pardon, will be involved in any manner or capacity in the conduct and management of the ticket lottery in the Province, and, if so, whether the Executive Director considers on review, that the involvement of that person would not bring the conduct and management of the ticket lottery into disrepute,

(iv) whether the conduct and management of the ticket lottery in the Province and draws for which purchasers in the Province are eligible will be delegated to any organization or to any person who is not a member of the licensee;

(d) the Executive Director is satisfied that the applicant has established house rules for the ticket lottery that

(i) are not inconsistent with the interprovincial agreement, these regulations or the terms and conditions of the licence to be issued to the licensee, and

(ii) otherwise satisfy the Executive Director that the ticket lottery is being conducted with honesty, integrity and in the public interest as it relates to purchasers in the Province.

Exception to Ticket Lottery Regulations

5 (1) Despite subsections 13(5) and 13(6) of the Ticket Lottery Regulations made under the Act, a licensee may do any of the following:

(a) advertise and sell in the Province lottery tickets originating outside the Province or primarily for the benefit of charitable, religious or community objects or purposes outside the Province;

(b) advertise and sell lottery tickets outside the Province.

(2) Nothing in subsection (1) permits a licensee to use proceeds from lottery ticket sales originating in the Province for the benefit of charitable, religious or community objects or purposes outside the Province.

Interprovincial agreement

6 (1) An interprovincial agreement must meet all of the following requirements:

(a) it relates to a lottery scheme that is authorized to be conducted and managed in another province under paragraph 207(1)(b) of the Criminal Code (Canada);

(b) it allows for the lots, cards or tickets of a lottery scheme authorized in that other province to be sold in the Province under subsection 207(1) of the Criminal Code (Canada);

(c) it contains provisions the Governor in Council considers reasonably necessary to safeguard purchasers in the Province, including procedures relating to auditing, enforcement, oversight, record-keeping and fair access to funds raised or prizes.

(2) An interprovincial agreement must include all of the following:

(a) the consent of the authority in the other province that first authorized the conduct and management of the lottery scheme, pursuant to paragraph 207(1)(f) of the Criminal Code (Canada), to the lottery scheme being conducted and managed in the Province under a Nova Scotia licence;

(b) terms, conditions and obligations that the consent in clause (a) is conditional upon;

(c) it states that the charitable or religious organization must be recognized by the Governor in Council before operating the ticket lottery scheme in the Province;

(d) it states that the charitable or religious organization must apply for and obtain a licence before operating the ticket lottery scheme in the Province;

(e) a procedure for the Executive Director and the authority having jurisdiction in the other province to follow if a winner for the lottery is not located or a prize is otherwise unclaimed after a specified period of time.

Licence application

7 (1) A recognized organization must apply for and obtain a licence before it may operate a lottery in the Province.

(2) All of the following information must be stated on a licence application:

(a) the name and address of the applicant;

(b) the exact location, date and time of the draw;

(d) the number of draws;

(e) the number of tickets printed;

(f) the price per ticket or group of tickets;

(g) a description of the prize;

(h) the prize value;

(i) the geographical area in the Province where tickets will be sold and money expended from their sale;

(j) the names, addresses and telephone numbers of 2 authorized representatives of the applicant who must be the same 2 representatives who sign the application on behalf of the applicant;

(k) the procedures respecting how the draw is to be conducted and the winners determined;

(l) any information required by the Executive Director relating to the applicant’s status and authorization to conduct and manage the lottery scheme in

(i) the province in which the applicant was first authorized to conduct and manage the lottery scheme, or

(ii) any other province;

(m) the charitable, religious or community objects or purposes of the ticket lottery.

Applicant to deposit bond

8 The Executive Director may require an applicant to deposit with the Executive Director a bond or other security satisfactory to the Executive Director in the form and manner and in an amount determined by the Executive Director in consideration of the anticipated value of proceeds from the sale of lottery tickets in the Province to ensure that the bond or security amount may be available, in the Executive Director’s sole discretion, to any purchasers in the Province upon completion of the ticket lottery.

Form of application, report or licence

9 An application, report or licence referred to in these regulations must be in the form the Executive Director approves or prescribes.

Licence terms and conditions

10 (1) A licence issued by the Executive Director under these regulations must include all of the following conditions:

(a) the licensee must not offer an encumbered prize in a ticket lottery;

(b) the licensee must make prizes available to purchasers in the Province who win the draw without additional costs, fees or other expenses imposed on the purchaser.

(2) The Executive Director may impose any additional terms and conditions on a licence as the Executive Director considers necessary or desirable for the public interest and the proper administration of these regulations.

Term of licence

11 A licence may be issued for 1 day or for a period not exceeding 1 year.

Licence is not transferable

12 A licence issued under these regulations is not transferable or assignable.

Limit to time period for ticket sales

13 A licence may limit the time period within which lottery tickets may be advertised or sold in the Province.

Suspension or cancellation of licence

14 The Executive Director may suspend or cancel a licence held by a recognized organization in any of the following circumstances:

(a) the licensee contravenes any requirement of the application or breaches any of the terms or conditions of the licence or any provision of the Act or these regulations;

(b) the licensee’s authorization in the province in which the lottery scheme was first authorized to be conducted or managed is suspended, has been cancelled or has expired;

Lottery ticket requirements

15 The Executive Director may establish requirements for each lottery ticket originating outside the Province that is advertised or sold in the Province, including that a licensee indicate any of the following information on each ticket:

(a) the name and address of the licensee;

(b) the words “licensed by Service Nova Scotia” and the assigned licence number;

(d) a description of the prize;

(e) the exact location, date and time of the draw;

(f) any house rules or restrictions respecting the conduct and management of the ticket lottery.

House rules

16 A licensee must make the licensee’s house rules available to any prospective purchaser in the Province on request.

Designated goods and services

17 For the purposes of Part II of the Act, charitable gaming operating equipment is designated goods and services when supplied to a licensee to facilitate the sale of lottery tickets in the Province.

Registered charitable gaming operating equipment suppliers

18 (1) “Charitable gaming operating equipment supplier” is established as a class of suppliers for the purposes of registration as a registered supplier under the Act.

(2) Only a registered charitable gaming operating equipment supplier may provide charitable gaming operating equipment to a licensee to facilitate the sale of lottery tickets in the Province.

Charitable gaming operating equipment supplier registration or renewal

19 (1) An application for registration or renewal of registration as a charitable gaming operating equipment supplier must be in a form provided by the Director of Registration and must be accompanied by a fee of $272.45.

(2) For the purposes of registration or renewal of registration under this Section, the Director of Registration may accept proof of registration from another province that is party to an interprovincial agreement, if the proof is acceptable to the Director of Registration.

(3) A registration granted or renewed under this Section expires 1 year from the date set out on the certificate of registration.

Charitable gaming operating equipment

20 (1) The Executive Director may establish technical standards for charitable gaming operating equipment and policies respecting the use of charitable gaming operating equipment by licensees and registered charitable gaming operating equipment suppliers.

(2) A registered charitable gaming operating equipment supplier must not sell or lease charitable gaming operating equipment unless

(a) the equipment meets the applicable technical standard for the equipment; or

(b) if no applicable technical standard has been established for the equipment, the equipment is approved by the Executive Director for use in a lottery scheme.

(3) A licensee must not use charitable gaming operating equipment in a lottery scheme unless

(a) the equipment meets the applicable technical standard for the equipment; or

(b) if no applicable technical standard has been established for the equipment, the equipment is approved by the Executive Director for use in a lottery scheme.

Fees

21 (1) A licensee must pay a fee to the Department, in the form and manner determined by the Executive Director, not exceeding 1.0% of sales in the Province.

(2) The fee payable under this Section is not refundable.

Allowable amounts

22 (1) The allowable expense amount that can be attributed to sales in the Province is calculated in accordance with the following formula:

allowable expense amount = OE × NS/G

in which

OE = operating expenses

NS = sales in the Province

G = gross sales.

(2) The total fees paid by a licensee to a charitable gaming operating equipment supplier for the operation of a ticket lottery in the Province must not be greater than 15% of the amount obtained by deducting the allowable prize value amount calculated under subsection (3) from sales in the Province.

(3) The allowable prize value amount that can be attributed to the Province is calculated in accordance with the following formula:

allowable prize value amount = TP × NS/G

in which

TP = total retail value of prizes

NS = sales in the Province

G = gross sales.

(4) The net proceeds of a ticket lottery must be spent for charitable, religious or community objects or purposes in the Province.

Advertising

23 (1) A licensee must not in any way engage in advertising in the Province, or permit anyone with whom the licensee contracts to engage in advertising in the Province, that

(a) implies ticket lotteries 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 ticket lotteries contributed to their success; or

(2) A ticket lottery advertisement in the Province must state the total cash value of prizes to be awarded.

(3) The Executive Director may require that a ticket lottery advertisement in the Province state any of the following information, in the size and form approved by the Executive Director:

(a) the name of the licensee;

(b) the date, time and place of the ticket draw;

(4) At the request of the Executive Director, a licensee must provide the Executive Director with samples of advertising and promotional materials to be used in the Province in connection with a ticket lottery for approval by the Executive Director.

Age restrictions

24 The Executive Director may establish age restrictions for lottery ticket purchasers in the Province.

Reports

25 Upon request by the Executive Director, a licensee must submit to the Executive Director a report, in the form and manner determined by the Executive Director, respecting any matter under the Act or regulations, including how the net proceeds from lottery ticket sales originating in the Province have been spent in the Province.

Account

26 The Executive Director may require a licensee to maintain and use, at a deposit-taking financial institution within the Province, a separate account for the purposes of depositing and administering all money received from lottery ticket sales originating in the Province.

Records

27 (1) A licensee must keep in the Province records relating to the sale of lottery tickets in the Province, unless the licensee provides an alternative method to produce the records in the Province that is approved by the Executive Director, and must provide them to the Executive Director upon request.

(2) The records required under subsection (1) must be retained by the licensee for at least 3 years after the licence period expires unless the Executive Director expressly authorizes in writing the destruction of the records at an earlier date.

Administration

28 (1) The Minister may appoint inspectors or auditors for the administration of these regulations.

(2) Inspectors or auditors have the power to inquire into the conduct and management of a ticket lottery in relation to purchasers in the Province and must advise the Executive Director of the results of their inquiries.

Appendix A
List of Recognized Organizations

Recognized Organization	Applicable Interprovincial Agreement
Jays Care Foundation	Memorandum of Understanding between the Province of Nova Scotia, as represented by the Minister of Service Nova Scotia, and the Ontario Alcohol and Gaming Commission (dated 2024)

The current consolidation of the Interprovincial Ticket Lotteries Regulations made under the Gaming Control Act includes all of the following regulations:

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.

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.

N.S. Regulation	In force date*	How in force	Royal Gazette Part II Issue
29/2024	Feb 9, 2024	date specified	Feb 23, 2024

N.S. Regulation	In force date*	How in force	Royal Gazette Part II Issue

ad. = added am. = amended	fc. = fee change ra. = reassigned		rep. = repealed rs. = repealed and substituted
Provision affected		How affected
..........................................................

N.S. Regulation	Title	In force date	Repealed date

Interprovincial Ticket Lotteries Regulations	N.S. Reg. 29/2024
Gaming Control Act
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.

	Note	Effective date