O. Reg. 198/00: LOTTERY SCHEMES USING LOTTERY TICKETS

 

Ontario Lottery and Gaming Corporation Act, 1999
Loi de 1999 sur la Société des Loteries et des Jeux de l’Ontario

ONTARIO REGULATION 198/00

Lottery schemes using Lottery tickets

Consolidation Period:  From June 1, 2012 to the e-Laws currency date.

Last amendment: 85/12.

Legislative History: 283/07, 85/12.

This Regulation is made in English only.

Application

1. This Regulation applies with respect to every lottery scheme conducted and managed by the Corporation in which lottery tickets are used.  O. Reg. 85/12, s. 2.

2. In this Regulation,

“authorized seller” means a person authorized by the Corporation to sell lottery tickets for a lottery scheme.  O. Reg. 85/12, s. 2.

Sale of Lottery Tickets

3. No person other than the Corporation, a subsidiary of the Corporation or an authorized seller shall sell a lottery ticket to the public.  O. Reg. 85/12, s. 3.

4. (1) Subject to subsection (2), no authorized seller shall directly or indirectly sell a lottery ticket for a price other than the face amount shown on the ticket or, for an electronic ticket, the face amount indicated by the software.  O. Reg. 85/12, s. 3.

(2) The Corporation may permit an authorized seller to sell a lottery ticket for a price other than the face amount.  O. Reg. 85/12, s. 3.

5. The Corporation may limit the participation of a person or group of persons in a lottery scheme in which lottery tickets are used.  O. Reg. 85/12, s. 3.

6. Revoked:  O. Reg. 85/12, s. 3.

Game Rules for the Lottery Scheme

7. (1) The Corporation shall establish game rules governing the conduct and management of lottery schemes in which lottery tickets are used.  O. Reg. 85/12, s. 4.

(2) The game rules may govern promotional schemes that relate to those lottery schemes.  O. Reg. 85/12, s. 4.

(3) The Corporation shall keep a copy of the game rules for those lottery schemes at its head office and shall make a copy available to a person who requests it.  O. Reg. 85/12, s. 4.

8. If the Corporation conducts and manages, on behalf of Her Majesty in right of Ontario under an agreement, a lottery scheme in which lottery tickets are used, the Corporation shall do so in accordance with game rules established in accordance with the agreement.  O. Reg. 85/12, s. 4.

9. (1) Every person who participates in a lottery scheme in which lottery tickets are used is bound by the game rules for the scheme.  O. Reg. 85/12, s. 4.

(2) It is a condition of participating in such a lottery scheme that the participant agrees to be bound by the game rules for the scheme.  O. Reg. 85/12, s. 4.

(3) Every seller who sells a lottery ticket is bound by the game rules for the lottery scheme.  O. Reg. 85/12, s. 4.

9.1 Revoked:  O. Reg. 85/12, s. 5.

Prizes

10. (1) In a lottery scheme in which lottery tickets are used, a person is not entitled to claim a prize if,

(a) the person is or was ineligible to participate in the scheme;

(b) the ticket or other evidence of participation or attempted participation is unissued, not paid for, illegible, mutilated, altered, counterfeited or forged in whole or in part; or

(c) the ticket or other evidence of participation or attempted participation is defective, misprinted, incomplete or produced in error.  O. Reg. 198/00, s. 10; O. Reg. 85/12, s. 6 (1).

(2) A person is not entitled to claim a prize in a lottery scheme in which lottery tickets are used if, when the lottery ticket was purchased, the person was a member of the board of directors of the Corporation, a person employed by the Corporation, a member of the board of directors of the Alcohol and Gaming Commission of Ontario or a person employed by the Commission.  O. Reg. 85/12, s. 6 (2).

11. (1) It is a condition for a participant to collect a prize in a lottery scheme that the participant,

(a) satisfy the Corporation that the participant is a winner; or

(b) satisfy the arbitrators that the participant is a winner if the right to the prize has been subject to an arbitration under section 11.2 and the Corporation has not paid the prize at the time that the arbitrators make their determination in the arbitration.  O. Reg. 283/07, s. 2.

(2) The participant is not eligible to collect the prize unless he or she agrees to the following conditions:

1. The Corporation is authorized to publish in any medium the participant’s name and address and a current photograph, and the participant will not make a claim against the Corporation for broadcasting, printing, royalty or other rights.

2. The participant will give the Corporation, upon request, a valid release for the payment of the prize and will not make any further claim in respect of that prize.  O. Reg. 198/00, s. 11 (2).

11.1 (1) If a person, other than the Corporation, disputes the right of a participant to claim a prize or a portion of a prize in a lottery scheme, then, as a condition for collecting or retaining the prize, the participant and the person shall submit to any investigations that the Corporation conducts into the issue of the right to the prize or the portion of the prize.  O. Reg. 283/07, s. 3.

(2) If a person, other than the Corporation, disputes the right of a participant to claim a prize or a portion of a prize in a lottery scheme and if the prize or the portion of the prize is valued at $10,000 or more, then the participant and the person may agree to submit the issue of the right to the prize or the portion of the prize to the dispute resolution mechanism described in section 11.2 after the investigations mentioned in subsection (1), if any, have been completed.  O. Reg. 283/07, s. 3.

11.2 (1) If the issue of the right of a participant in a lottery scheme to a prize or a portion of a prize is submitted to resolution under this section, the person disputing the right of the participant shall give written notice of the dispute to the participant, the board of the Corporation and the chair of the board of the Alcohol and Gaming Commission of Ontario.  O. Reg. 283/07, s. 3.

(2) The parties to the dispute shall have 45 days from the giving of the notice to resolve the dispute among themselves.  O. Reg. 283/07, s. 3.

(3) If the parties resolve the dispute to their reasonable satisfaction within the 45 days, the parties shall file a notice of resolution with the board of the Corporation and the chair of the board of the Alcohol and Gaming Commission of Ontario and the dispute shall not be subject to an arbitration under this section.  O. Reg. 283/07, s. 3.

(4) If no resolution of the dispute is achieved under subsection (3) and the person who gave the notice mentioned in subsection (1) still wishes to resolve the dispute, then,

(a) the dispute shall be arbitrated under the Arbitration Act, 1991, except to the extent that the application of that Act is expressly modified by this section; and

(b) the agreement to submit the dispute to the application of this section constitutes an arbitration agreement as defined in that Act.  O. Reg. 283/07, s. 3.

(5) The persons subject to an arbitration under this section shall be the parties to the dispute, including any persons who have possession of the lottery ticket and any persons who have received the prize or any portion of it.  O. Reg. 283/07, s. 3; O. Reg. 85/12, s. 7.

(6) The arbitrators of the dispute shall be,

(a) the members of the board of the Alcohol and Gaming Commission of Ontario that the chair of that board appoints; or

(b) the other persons that the chair of that board designates.  O. Reg. 283/07, s. 3.

(7) The chair of the board of the Alcohol and Gaming Commission of Ontario shall establish and publish rules for the conduct of an arbitration under this section.  O. Reg. 283/07, s. 3.

(8) The rules shall form part of the arbitration agreement.  O. Reg. 283/07, s. 3.

(9) The Corporation shall give notice to the arbitrators whether it has conducted any investigations described in subsection 11.1 (1) with respect to the subject matter of the dispute and if so, shall provide the arbitrators with the results of the investigations and a summary of their key findings once the investigations have been completed.  O. Reg. 283/07, s. 3.

(10) Not before receiving the notice and the material described in subsection (9), the arbitrators shall determine what persons, if any, are entitled to the prize or portion of the prize that is the subject of the dispute and may order,

(a) the Corporation to make payments to the persons that the arbitrators determine are entitled to the prize or portion of the prize, if the Corporation has not paid the prize or portion of the prize and has received and acknowledged the notice mentioned in subsection (1); or

(b) the persons who have received the prize or portion of the prize to pay it to the other persons who the arbitrators determine are entitled to it in accordance with the order, if the Corporation has paid the prize or portion of the prize.  O. Reg. 283/07, s. 3.

(11) Despite the Arbitration Act, 1991, the arbitrators may, on their own initiative or on the motion of any party, dismiss any person’s claim to have an interest in the prize paid by the Corporation or any portion of it without holding a hearing, if they are of the opinion that,

(a) the claim is not made in good faith or is frivolous or vexatious;

(b) the claim is made only for the purpose of delay;

(c) the claimant’s history of commencing claims amounts to an abuse of process; or

(d) the claim is not supported by sufficient evidence.  O. Reg. 283/07, s. 3.

12. (1) The Corporation shall not pay a prize or a purported prize in a lottery scheme if the payment of the prize could cause the total amount of the prizes to be won in the scheme, as set out in the game rules for the scheme, to be exceeded.  O. Reg. 198/00, s. 12 (1).

(2) Subsection (1) applies despite any statement to the contrary that is set out or implied by an advertisement or lottery ticket used in the lottery scheme.  O. Reg. 85/12, s. 8.

13. (1) The Corporation shall establish and maintain a reserve fund for prizes in lottery schemes in which lottery tickets are used.  O. Reg. 85/12, s. 9.

(2) The Corporation shall maintain in the reserve fund an amount at least equal to the sum of the prizes available to be won in each lottery scheme to which the fund relates.  O. Reg. 198/00, s. 13 (2).

(3) The monetary value of a prize that is not a money prize is the cost to the Corporation of the prize, as calculated by the Corporation.  O. Reg. 198/00, s. 13 (3).

(4) No payments may be made from the reserve fund except payments of prizes to winners in the lottery schemes to which the fund relates.  O. Reg. 198/00, s. 13 (4).

Cancellation, etc., of a Lottery Scheme

14. (1) At any time before the period for claiming prizes expires, the Corporation may suspend, recall, withdraw or cancel all or part of a lottery scheme in which lottery tickets are used.  O. Reg. 85/12, s. 10.

(2) The Corporation may impose such conditions on the suspension, recall, withdrawal or cancellation of all or part of a lottery scheme as it considers appropriate.  O. Reg. 198/00, s. 14 (2).

(3) Upon suspending, recalling, withdrawing or cancelling all or part of a lottery scheme, the Corporation shall not pay to any participant in the scheme an amount greater than the amount the participant paid to a vendor in order to participate in the scheme.  O. Reg. 198/00, s. 14 (3).

(4) Upon suspending, recalling, withdrawing or cancelling all or part of a lottery scheme, the Corporation is not liable to reimburse a participant in the scheme unless the participant’s ticket or such other evidence of his, her or its participation or attempted participation as the Corporation may require is returned to the Corporation.  O. Reg. 198/00, s. 14 (4).