L-6, r. 1 - Regulation respecting amusement machines

Full text
chapter L-6, r. 1
Regulation respecting amusement machines
AMUSEMENT MACHINES
Act respecting lotteries, publicity contests and amusement machines
(chapter L-6, ss. 34, 36 and 119).
L-6
January 1 2016
The fees prescribed in the Regulation have been indexed as of 1 January 2020 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 21 December 2019, page 851. (ss. 2.1, 2.4)
1. In this Regulation,
(a)  Act means the Act respecting lotteries, publicity contests and amusement machines (chapter L-6);
(b)  operator means a person who possesses, leases or borrows an amusement machine described in section 1.1 and who places at the disposal of the public such an amusement machine for the purposes of deriving income therefrom;
(c)  (paragraph revoked).
R.R.Q., 1981, c. L-6, r. 1, s. 1; O.C. 1591-86, s. 1; O.C. 659-92, s. 1; 1046-2019O.C. 1046-2019, s. 1.
1.1. This Regulation applies to all amusement machines offering the possibility of accumulating free games, additional game time or winning a prize of any kind.
1046-2019O.C. 1046-2019, s. 2.
2. (Revoked).
R.R.Q., 1981, c. L-6, r. 1, s. 2; O.C. 1591-86, s. 2; 1046-2019O.C. 1046-2019, s. 3.
2.1. A person who carries on an activity of operator must hold an operator’s licence and have paid the duties of $234.
Where the operator is a non-profit organization contemplated in subparagraph e of section 119 of the Act, the duties for that licence are $15.
O.C. 1591-86, s. 2.
2.2. Subject to sections 3 and 4, licences and registration markers with respect to amusement machines are issued at the same time, for a maximum period of 1 year.
O.C. 1591-86, s. 2; 1046-2019O.C. 1046-2019, s. 4.
2.3. When applying for a licence, an operator wishing to place at the disposal of the public an amusement machine described in section 1.1 must obtain a registration marker from the Régie des alcools, des courses et des jeux.
O.C. 1591-86, s. 2; O.C. 623-89, s. 1; O.C. 659-92, s. 2; 1046-2019O.C. 1046-2019, s. 5.
2.4. The annual duties for the registration of an amusement machine described in section 1.1 are $117 for each machine.
O.C. 1591-86, s. 2; O.C. 623-89, s. 2; O.C. 659-92, s. 3; 1046-2019O.C. 1046-2019, s. 6.
3. Where a licence and registration markers are issued for a period of less than one year, the duties under sections 2.1 and 2.4 are payable in the proportion that the number of months and days for which the licence and markers are issued is of 12 months.
R.R.Q., 1981, c. L-6, r. 1, s. 3; O.C. 1591-86, s. 2; O.C. 623-89, s. 3; 1046-2019O.C. 1046-2019, s. 7.
4. The holder of an operator’s licence who applies to the board for additional registration markers must forward to the board the form duly completed and the amount of the duties under section 2.4, for the number of months and days, in proportion to 12 months, that remain before the expiry date of his licence.
R.R.Q., 1981, c. L-6, r. 1, s. 4; O.C. 1591-86, s. 2; O.C. 623-89, s. 3; 1046-2019O.C. 1046-2019, s. 8.
5. A licence or a registration marker for an amusement machine is issued in the name of the holder of the operator’s licence. It shall remain the property of the board.
R.R.Q., 1981, c. L-6, r. 1, s. 5; O.C. 623-89, s. 3.
5.1. The holder of an operator’s licence wishing to be reimbursed for the duties he paid for a registration marker must return it to the board or submit proof that it is irretrievable together with the form duly completed.
O.C. 623-89, s. 3; 1046-2019O.C. 1046-2019, s. 9.
6. (Revoked).
R.R.Q., 1981, c. L-6, r. 1, s. 6; O.C. 1591-86, s. 3.
7. Where a licence is lost, destroyed, damaged or made unusable, the holder must apply for a duplicate, which the board shall issue upon proof of loss or destruction or upon return of the damaged or unusable licence.
Where a registration marker is damaged or irretrievable, the holder of the operator’s licence must apply for a duplicate, which the board shall issue upon return of the damaged marker or upon proof that the marker is irretrievable.
R.R.Q., 1981, c. L-6, r. 1, s. 7; O.C. 1591-86, s. 4; O.C. 623-89, s. 4.
8. A person wishing to obtain a licence must ensure that the form, documents and information referred to in section 36 of the Act are forwarded to the board at least 30 days before the latter must make a decision with respect to such licence.
R.R.Q., 1981, c. L-6, r. 1, s. 8.
9. The payment of the duties under this Regulation is made at the time the application for the licence and registration markers is made.
In the case of an application for an operator’s licence and for registration markers for machines for which the duties to be paid exceed $2,000, the payment of the duties may be made in 2 equal instalments: the first payment, at the time the licence is applied for and the second payment, within 4 months after the date on which the licence is issued.
Those terms are not, however, available to a holder that in the last 3 years has been in default to pay, on the due date, the duties attaching to the licence and registration markers for the amusement machines or a notice of assessment.
R.R.Q., 1981, c. L-6, r. 1, s. 9; O.C. 1591-86, s. 5; O.C. 623-89, s. 5; 1046-2019O.C. 1046-2019, s. 10.
9.1. (Revoked).
O.C. 1591-86, s. 5; O.C. 623-89, s. 6.
10. The board shall reimburse the person whose licence application is rejected or the operator who is refused permission by the board to make additional amusement machines available to the public for the amount of duties paid in accordance with section 9.
R.R.Q., 1981, c. L-6, r. 1, s. 10.
11. The duties and fees payable under sections 2.1 and 2.4 are adjusted on 1 January of each year, based on the percentage change in the All-Items Consumer Price Index for Canada, for the 12-month period ending on 30 September of the preceding year, as determined by Statistics Canada. The adjustment rate may not be less than zero.
The adjusted duties and fees are rounded off as follows:
(1)  where the annual increase resulting from the adjustment is between $0.01 and $0.25, they are increased by $0.25;
(2)  where the annual increase resulting from the adjustment is between $0.25 and $0.50, they are increased by $0.50;
(3)  where the annual increase resulting from the adjustment is between $0.50 and $1.00, they are increased by $1.00; and
(4)  where the annual increase resulting from the adjustment is greater than $1.00,
(a)  they are reduced to the nearest dollar if they contain a fraction of a dollar less than $0.50; or
(b)  they are increased to the nearest dollar if they contain a fraction of a dollar equal to or greater than $0.50.
For the purposes of the first paragraph, the board is to publish each year, after their determination, the new duties and fees by means of a notice in Part 1 of the Gazette officielle du Québec and, if the board considers it appropriate, by any other means.
O.C. 1054-2011, s. 1; 1046-2019O.C. 1046-2019, s. 11.
REFERENCES
R.R.Q., 1981, c. L-6, r. 1
O.C. 1591-86, 1986 G.O. 2, 2638
O.C. 623-89, 1989 G.O. 2, 2188
O.C. 659-92, 1992 G.O. 2, 2564
O.C. 1054-2011, 2011 G.O. 2, 3044
1046-2019, 2019 G.O. 2, 2730O.C. 1046-2019, 2019 G.O. 2, 2730