Ontario Lottery and Gaming Corporation Act, 1999, S.O. 1999, c. 12, Sched. L

Ontario Lottery and Gaming Corporation Act, 1999

S.O. 1999, CHAPTER 12
Schedule L

Historical version for the period June 1, 2012 to December 9, 2015.

Last amendment:  2011, c. 9, Sched. 34.

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CONTENTS

 

Interpretation

Purposes of Act

0.1 The purposes of this Act are,

(a) to enhance the economic development of the Province;

(b) to generate revenues for the Province;

(c) to promote responsible gaming; and

(d) to ensure that anything done for a purpose set out in clause (a), (b) or (c) is also done for the public good and in the best interests of the Province.  2011, c. 9, Sched. 34, s. 1.

Definitions

1. In this Act,

“board” means the board of directors of the Corporation; (“conseil”)

“Corporation” means the Ontario Lottery and Gaming Corporation; (“Société”)

“employee” means a permanent full-time employee; (“employé”)

“gaming site” means premises or an electronic channel maintained for the purpose of playing or operating a lottery scheme; (“site de jeu”)

“lottery scheme” has the same meaning as in subsection 207 (4) of the Criminal Code (Canada); (“loterie”)

“Minister” means the member of the Executive Council designated by the Lieutenant Governor in Council to administer this Act; (“ministre”)

“prescribed” means prescribed by a regulation made under this Act. (“prescrit”)  1999, c. 12, Sched. L, s. 1; 2011, c. 9, Sched. 34, s. 2.

Ontario Lottery and Gaming Corporation

Corporation established

2. (1) A corporation without share capital is hereby established to be known in English as the Ontario Lottery and Gaming Corporation and in French as Société des loteries et des jeux de l’Ontario.  1999, c. 12, Sched. L, s. 2 (1).

Composition

(2) The Corporation is composed of at least five members to be appointed by the Lieutenant Governor in Council.  1999, c. 12, Sched. L, s. 2 (2).

Crown agency

(3) The Corporation is for all its purposes an agent of Her Majesty and all its powers may be exercised only as an agent of Her Majesty.  1999, c. 12, Sched. L, s. 2 (3).

Fiscal year

(4) The fiscal year of the Corporation is the same as the fiscal year of the Province.  1999, c. 12, Sched. L, s. 2 (4).

Other Acts

(5) The Corporations Act and the Corporations Information Act do not apply to the Corporation.  1999, c. 12, Sched. L, s. 2 (5).

Note: On the first day that both section 3 of Schedule 34 to the Better Tomorrow for Ontario Act (Budget Measures), 2011 and subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 are in force, subsection (5) is amended by striking out “The Corporations Act” at the beginning and substituting “The Not-for-Profit Corporations Act, 2010”.  See: 2011, c. 9, Sched. 34, ss. 3, 14.

Conflict of interest and indemnification

(6) Sections 132 and 136 of the Business Corporations Act apply to the Corporation and to the members of the board.  1999, c. 12, Sched. L, s. 2 (6).

Objects of the Corporation

3. The following are the objects of the Corporation:

1. To develop, undertake, organize, conduct and manage lottery schemes on behalf of Her Majesty in right of Ontario.

2. To provide for the operation of gaming sites.

3. To ensure that lottery schemes and gaming sites are conducted, managed and operated in accordance with the Criminal Code (Canada), this Act and the Gaming Control Act, 1992 and the regulations made under them.

4. To provide for the operation of any business that the Corporation considers to be reasonably related to operating a gaming site or lottery scheme, including any business that offers goods and services to persons who play lottery schemes in a gaming site.

5. If authorized by the Lieutenant Governor in Council, to enter into agreements to develop, undertake, organize, conduct and manage lottery schemes on behalf of, or in conjunction with, the government of one or more provinces of Canada.

6. To do such other things as the Lieutenant Governor in Council may by order direct.  1999, c. 12, Sched. L, s. 3; 2011, c. 9, Sched. 34, s. 4.

Powers of the Corporation

4. (1) Except as limited by this Act, the Corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects.  1999, c. 12, Sched. L, s. 4 (1).

Restriction, real property

(2) The Corporation is not authorized to acquire, hold or dispose of any interest in real property except with the approval of the Chair of Management Board and the Minister of Finance and on the terms set by them.  1999, c. 12, Sched. L, s. 4 (2).

Same, borrowing

(3) The Corporation may not borrow money or give security against property except with the approval of the Minister and the Minister of Finance.  2011, c. 9, Sched. 34, s. 5.

Borrowing, approval

(3.1) An approval under subsection (3) may be subject to such terms and conditions as the Minister and the Minister of Finance consider advisable.  2008, c. 7, Sched. Q, s. 1.

Guarantee of loan

(4) Subject to the approval of the Lieutenant Governor in Council, the Minister of Finance may, upon such conditions as he or she considers proper, guarantee, on behalf of Ontario, the repayment of any loan made to the Corporation, together with interest on the loan.  1999, c. 12, Sched. L, s. 4 (4).

Board of directors

5. (1) The board of the Corporation is composed of the members of the Corporation.  1999, c. 12, Sched. L, s. 5 (1).

Chair and vice-chair

(2) The Lieutenant Governor in Council may designate a chair and a vice-chair of the board from among the members of the board.  1999, c. 12, Sched. L, s. 5 (2).

Remuneration

(3) The members of the board shall be paid such remuneration as the Lieutenant Governor in Council determines.  1999, c. 12, Sched. L, s. 5 (3).

Quorum

(4) A majority of members of the board constitutes a quorum.  1999, c. 12, Sched. L, s. 5 (4).

Powers of the board

6. The board may make by-laws regulating its proceedings and generally for the conduct and management of the affairs of the Corporation.  1999, c. 12, Sched. L, s. 6.

Remuneration of senior employees

7. (1) The remuneration, including salary and benefits, of senior employees of the Corporation must be approved by the Minister.  1999, c. 12, Sched. L, s. 7 (1).

Employees’ pension plan

(2) The Corporation shall be deemed to have been designated by the Lieutenant Governor in Council under the Public Service Pension Act as an organization whose employees are required to be members of the Public Service Pension Plan.  1999, c. 12, Sched. L, s. 7 (2).

Service with predecessor corporations

(3) Service with the Ontario Lottery Corporation and the Ontario Casino Corporation of an employee shall be deemed to be service with the Corporation for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act, 2000 or any other Act or under any employment contract.  2011, c. 9, Sched. 34, s. 6.

No personal liability

8. No action or other proceeding may be instituted against any member of the Corporation or person appointed to the service of the Corporation for any act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty.  1999, c. 12, Sched. L, s. 8.

Accounting system

9. (1) The Corporation shall establish and maintain an accounting system satisfactory to the Minister of Finance.  1999, c. 12, Sched. L, s. 9 (1).

Auditor

(2) The board shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit the accounts and financial transactions of the Corporation annually.  1999, c. 12, Sched. L, s. 9 (2); 2004, c. 8, s. 46.

Same

(3) The Minister may at any time require that any aspect of the affairs of the Corporation be audited by an auditor appointed by the Minister.  1999, c. 12, Sched. L, s. 9 (3).

Annual report

10. (1) Every year, the Corporation shall give the Minister a report on the affairs of the Corporation for the preceding fiscal year and shall include in the report such information as the Minister may specify.  1999, c. 12, Sched. L, s. 10 (1).

Same

(2) The Minister shall submit the Corporation’s annual report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session.  1999, c. 12, Sched. L, s. 10 (2).

Auditor’s report

(3) The board shall give the Minister a copy of every auditor’s report.  1999, c. 12, Sched. L, s. 10 (3).

Other reports, etc.

(4) The board shall give the Minister such additional information and reports as the Minister may request.  1999, c. 12, Sched. L, s. 10 (4).

Access by Corporation to other records

11. (1) The Corporation shall ensure that any person with whom it has entered into a contract to provide for the operation of a gaming site or a related business is required to make available immediately to the Corporation upon request all reports, accounts, records and other documents in respect of the operation of the gaming site or related business.  2011, c. 9, Sched. 34, s. 7.

Auditor General

(2) The reports, accounts, records and other documents shall be deemed to form part of the accounts of the Corporation for the purpose of the Auditor General Act.  1999, c. 12, Sched. L, s. 11 (2); 2004, c. 17, s. 31.

Gaming Sites

Requirements re gaming sites

12. The Corporation shall not authorize a gaming site to be established until the Corporation takes the prescribed steps and unless the Corporation requires the prescribed conditions to be met in respect of the proposed gaming site.  1999, c. 12, Sched. L, s. 12; 2011, c. 9, Sched. 34, s. 9.

General

Funding of major capital expenditures

13. (1) If the Corporation proposes to undertake a major capital expenditure, the Corporation shall borrow the necessary funds with the approval required by subsection 4 (3).  2011, c. 9, Sched. 34, s. 10.

Major capital expenditure

(2) An expenditure is a major capital expenditure for the purposes of this section in either of the following circumstances:

1. If it satisfies the prescribed criteria for a major capital expenditure or any class of major capital expenditure.

2. If the Minister notifies the Corporation in writing that the expenditure is a major capital expenditure for the purposes of this Act.  2011, c. 9, Sched. 34, s. 10.

Payments from revenue

14. (1) The Corporation shall make the following payments out of the revenue that it receives from all gaming sites and lottery schemes and the operation of all related businesses, in the following order of priority:

1. Payment of prizes and winnings to players.

2. Payments that the regulations made under this Act require the Corporation to make to the Consolidated Revenue Fund.

3. Payment of the operating expenses of the Corporation.

4. Payment of money to the Alcohol and Gaming Commission of Ontario under subsection 8 (2) of the Alcohol and Gaming Regulation and Public Protection Act, 1996.

5. Payments required to be made by the Corporation under an agreement relating to the distribution of a portion of the Corporation’s revenues to First Nations of Ontario that is,

i. entered into by the Province of Ontario and representatives of First Nations of Ontario, and

ii. approved by the Lieutenant Governor in Council on the recommendation of the Minister and the Minister of Finance.  2011, c. 9, Sched. 34, s. 10.

Same, certain capital expenditures

(2) After making the payments required by subsection (1), the Corporation may make payments out of the remaining revenue described in that subsection for capital expenditures in relation to the operation of gaming sites or lottery schemes, other than major capital expenditures referred to in section 13.  2011, c. 9, Sched. 34, s. 10.

Payments from net revenue

(3) After making the payments required by subsection (1) and permitted by subsection (2), the Corporation shall pay the amount remaining from the revenue described in subsection (1) into the Consolidated Revenue Fund at such times and in such manner as the Minister of Finance may direct.  2011, c. 9, Sched. 34, s. 10.

Publication of First Nations agreements

14.1 The Minister shall publish any agreement described in paragraph 5 of subsection 14 (1), and any amendments to such agreements, in The Ontario Gazette.  2011, c. 9, Sched. 34, s. 10.

14.2 Repealed:  2011, c. 9, Sched. 34, s. 10.

Regulations

15. (1) The Lieutenant Governor in Council may make regulations,

(a) defining words and expressions used in this Act that are not defined in this Act;

(b) regulating lottery schemes conducted and managed by the Corporation;

(c) prescribing the conditions and qualifications to entitlement to prizes in any lottery scheme conducted and managed by the Corporation;

(d) prescribing requirements for the establishment of a gaming site;

(e) prohibiting classes of individuals from entering or remaining in a gaming site during the playing of a lottery scheme in the site;

(f) prescribing criteria for determining whether an expenditure or class of expenditures is a major capital expenditure for the purposes of section 13;

  (f.1) Repealed:  2011, c. 9, Sched. 34, s. 11 (4).

(g) requiring the Corporation to pay into the Consolidated Revenue Fund a specified percentage of the revenue that it receives from the operation of gaming sites, lottery schemes and related businesses under this Act after paying prizes and winnings to players, and prescribing the time for making such payments;

(h) exempting any person, premises, channel or lottery scheme from any requirement of this Act or of a regulation made under it, subject to any conditions that may be prescribed;

(i) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.  1999, c. 12, Sched. L, s. 15 (1); 2008, c. 7, Sched. Q, s. 4; 2011, c. 9, Sched. 34, s. 11 (1-4).

Same

(2) The Statutory Powers Procedure Act does not apply to the exercise of the power to make regulations under clause (1) (e).  1999, c. 12, Sched. L, s. 15 (2).

Same

(3) The percentage of revenue prescribed for the purposes of clause (1) (g) must not exceed 20 per cent.  1999, c. 12, Sched. L, s. 15 (3).

Classes

(4) A regulation may establish different requirements for different classes of person, premises, channel, lottery scheme or activity.  1999, c. 12, Sched. L, s. 15 (4); 2011, c. 9, Sched. 34, s. 11 (5).

Transitional Provisions

Assets and liabilities

16. (1) Repealed:  2011, c. 9, Sched. 34, s. 12.

Agreements

(2) Any agreement or instrument in effect immediately before this section comes into force to which the Ontario Lottery Corporation or the Ontario Casino Corporation is a party has effect on and after this section comes into force as if,

(a) the Corporation were substituted for the Ontario Lottery Corporation or the Ontario Casino Corporation, as the case requires, as a party to the agreement or instrument; and

(b) any reference in the agreement or instrument to the Ontario Lottery Corporation or the Ontario Casino Corporation were a reference to the Corporation.  1999, c. 12, Sched. L, s. 16 (2).

Same

(3) Subsection (2) does not constitute a breach, termination or repudiation of the agreement or instrument or the frustration of the agreement or instrument, or an event of default or force majeure.  1999, c. 12, Sched. L, s. 16 (3).

17.-22. Repealed:  2011, c. 9, Sched. 34, s. 12.

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