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O. Reg. 347/00: REQUIREMENTS FOR ESTABLISHING A CASINO OR CHARITY CASINO

filed June 19, 2000 under Ontario Lottery and Gaming Corporation Act, 1999, S.O. 1999, c. 12, Sched. L

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ONTARIO REGULATION 347/00

made under the

Ontario Lottery and Gaming Corporation Act, 1999

Made: June 14, 2000
Filed: June 19, 2000

REQUIREMENTS FOR ESTABLISHING A CASINO OR CHARITY CASINO

part i
application and interpretation

1. (1) This Regulation applies with respect to the establishment of casinos and charity casinos.

(2) This Regulation does not apply with respect to the establishment of slot machine facilities located at race tracks.

(3) Despite subsection (1), this Regulation does not apply with respect to the establishment of a casino or a charity casino,

(a) in any municipality or on any reserve where the Ontario Casino Corporation authorized a casino under the Ontario Casino Corporation Act, 1993; or

(b) in any municipality or on any reserve where the Ontario Lottery Corporation authorized a charity casino under the Ontario Lottery Corporation Act.

2. (1) In this Regulation,

“authorized referendum question” means, with respect to a particular period, a question specified in section 10 as being authorized during that period;

“council” means, with respect to a municipality, the council of the municipality and, with respect to a First Nation, means the council of the band;

“eligible municipality” means, with reference to a particular period, a municipality that is designated as such for that period under section 4;

“eligible reserve” means, with reference to a particular period, a reserve that is designated as such for that period under section 4;

“First Nation” means a band within the meaning of the Indian Act (Canada);

“municipality” means a city, town, township or village.

(2) In this Regulation, “band”, “council of a band”, “member of a band” and “reserve” have the same meaning as in the Indian Act (Canada).

part ii
general requirements

Authority to Establish Casinos and Charity Casinos

3. (1) The Corporation may authorize the establishment of a casino or a charity casino in an eligible municipality or on an eligible reserve, subject to the conditions and restrictions set out in this Regulation.

(2) The Corporation shall not authorize the establishment of a casino or a charity casino in any other municipality or on any other reserve.

(3) During the period beginning on July 1, 2000 and ending on March 31, 2003, the Corporation cannot authorize the establishment of,

(a) more than one charity casino;

(b) a charity casino at a race track; or

Designation of Eligible Municipalities and Eligible Reserves

4. (1) The Corporation shall designate municipalities and reserves that are eligible to be considered as possible locations for the establishment of a casino or charity casino.

(2) The Corporation shall make its designations of eligibility based upon the Corporation’s economic analysis of the market potential for additional casinos or charity casinos in Ontario.

(3) The Corporation shall notify the applicable council of the Corporation’s designation of an eligible municipality or eligible reserve and shall publish notice of all designations in The Ontario Gazette.

(4) The designations apply for the period beginning on July 1, 2000 and ending on March 31, 2003.

(5) No designation shall be made under this section after March 31, 2003.

Prescribed Conditions

5. (1) The Corporation shall not authorize the establishment of a casino or a charity casino, as the case may be, in an eligible municipality or on an eligible reserve unless the following conditions are met:

1. The council of the municipality or the council of the band submits the authorized referendum question specified in section 10 to the electors or members of the band in accordance with section 9.

2. A majority of electors or members of the band who vote on the referendum question cast their ballots in favour of the proposal described in the referendum question.

3. Within 60 days after the vote on the referendum question or within such longer period as the Corporation may permit, the council notifies the Corporation that it wishes to establish a casino or charity casino.

(2) The Corporation shall not authorize the establishment of a casino or a charity casino in an eligible municipality or on an eligible reserve unless, within 60 days after the vote on the referendum question or within such longer period as the Corporation may permit, the council agrees to the revenue sharing plan proposed by the Corporation for the revenues generated by the proposed casino or charity casino.

6. (1) The Corporation shall not authorize the establishment of a casino or charity casino in an eligible municipality or on an eligible reserve unless, in the opinion of the Corporation, the municipality or reserve is a suitable location for a casino or charity casino.

(2) The Corporation shall consider the following factors and may consider such other factors as it considers appropriate when determining whether a municipality or a reserve is a suitable location for a casino or charity casino:

1. The cost of establishing the proposed casino or charity casino.

2. The viability of the proposed casino or charity casino.

(3) Before deciding whether a municipality or a reserve is a suitable location for a casino or charity casino, the Corporation shall give the Chair of Management Board such information as he or she may request and shall inquire whether, in his or her opinion, the municipality or reserve is a suitable location for a casino or charity casino.

(4) The Corporation shall consider the opinion of the Chair of Management Board of Cabinet in deciding whether a municipality or reserve is a suitable location for a casino or charity casino.

7. (1) The site of the casino or charity casino within the eligible municipality or eligible reserve must be approved by the Corporation.

(2) The Corporation shall not give its approval for the site of the casino or charity casino unless, within 60 days after the vote on the referendum question or within such longer period as the Corporation may permit, the council agrees that it will initiate any necessary rezoning of the site.

Public Notice of Authorization

8. (1) Upon authorizing the establishment of a casino or charity casino, the Corporation shall make available to the public, on request, a summary of the basis upon which it gave the authorization.

(2) The summary must describe the Corporation’s reasons for its decision.

part iii
requirements for referendum

9. (1) If a council is considering whether to establish a casino or charity casino in an eligible municipality or on an eligible reserve, the council must submit the authorized referendum question specified in section 10 to its electors or to the members of the band, as the case may be.

(2) The council of an eligible municipality must submit the referendum question to the electors in accordance with the Municipal Elections Act and this Regulation.

(3) The council of an eligible municipality must submit the referendum question to the electors when the regular election is held under the Municipal Elections Act and while the municipality is an eligible municipality, and not before or after that election.

(4) The council of a band on an eligible reserve must submit the referendum question to the members of the band in accordance with subsections 8.1 (3), (4) and (5) of the Municipal Elections Act and any regulations made under that Act that relate to rights and duties under those subsections and in accordance with this Regulation.

(5) The council of a band on an eligible reserve must submit the referendum question to the band members on the same dates as the regular election held under the Municipal Elections Act and while the reserve is an eligible reserve, and not before or after that election.

(6) If the referendum question is to be submitted to the members of a band,

(a) the Municipal Elections Act shall be read as if the First Nation were a municipality;

(b) references in that Act to the council of a municipality shall be read as references to the council of the band;

(c) references in that Act to the passing of a by–law shall be read as references to the authorization adopted by the council of the band;

(d) references in that Act to the submission of a question to electors shall be read as references to the submission of a question to the members of the band; and

(e) references in that Act to the clerk of a municipality shall be read as references to an administrator appointed by the council of the band to exercise the powers and perform the duties of such a clerk under the Municipal Elections Act.

(7) Where the Municipal Elections Act requires that notice be given to the Minister of Municipal Affairs and Housing, the council shall also give notice to the Chair of Management Board of Cabinet.

10. (1) The following are the authorized referendum questions for the purposes of this Regulation:

1. For a casino in an eligible municipality, the text set out as Form 1.

2. For a casino on an eligible reserve, the text set out as Form 2.

3. For a charity casino in an eligible municipality, other than a charity casino at a race track, the text set out as Form 3.

4. For a charity casino on an eligible reserve, the text set out as Form 4.

5. For a charity casino at a race track in an eligible municipality, the text set out as Form 5.

(2) During the period beginning on July 1, 2000 and ending on March 31, 2003, the authorized referendum question that may be used for the eligible municipalities is the question set out in Form 3 and the authorized referendum question that may be used for the eligible reserves is the question set out in Form 4.

Form 1