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 2018 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 23 December 2017, page 1329. (ss. 2, 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, on his own or in partnership, owns, leases or borrows under a title of ownership, a title of lease, a loan for use, a title involving a condition or a term giving him the right to become owner, or under a title giving him the right to use, as owner thereof with obligation to surrender, an amusement machine belonging to one of the classes of amusement machines listed in paragraph 2, 3 or 4 of section 2.3, and who places at the disposal of the public such amusement machine for purposes of deriving an income therefrom;
(c)  “merchant” means a person who, other than as an operator, deals in amusement machines.
R.R.Q., 1981, c. L-6, r. 1, s. 1; O.C. 1591-86, s. 1; O.C. 659-92, s. 1.
2. A person who carries on an activity of merchant must hold a merchant licence and have paid the duties of $225.
R.R.Q., 1981, c. L-6, r. 1, s. 2; O.C. 1591-86, s. 2.
2.1. A person who carries on an activity of operator must hold an operator’s licence and have paid the duties of $225.
Where the operator is a non-profit organization contemplated in subparagraph e of section 119 of the Act, the duties for that licence are $14.
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 period of 1 year.
O.C. 1591-86, s. 2.
2.3. When applying for his licence, an operator wishing to place at the disposal of the public an amusement machine belonging to one of the following classes must obtain a registration marker from the Régie des alcools, des courses et des jeux:
(1)  (paragraph revoked);
(2)  Class “B” amusement machine:
(a)  a machine commonly referred to as a pinball machine or, in French, as a “machine à boules”;
(b)  a group of machines whose operation is meant only for entertainment, with no possibility of accumulating free games, additional game time or winning a prize of any kind and constituting a single, inseparable entity even though each of them functions independently;
(c)  a computer or video device whose operation may result in the awarding of free games or additional game time but that is not:
i.  a machine or a device for gambling or betting described in paragraph 202 (1)b of the Criminal Code (R.S.C. 1985, c. C-46);
ii.  a game or proposal, scheme, plan, means, device, contrivance or operation described in paragraph 207 (4)c of the Criminal Code;
iii.  a machine equipped with a device allowing a person to multiply his chances during each game of winning free games or additional game time by any type of operation or to erase one or more free games or accumulated additional game time and to otherwise save what was erased;
iv.  a machine, commonly referred to as a one-armed bandit, that is operated by activating a mechanism by which various symbols are placed in a line such that the player may win, according to the nature and the number of the symbols aligned, one or more free games;
(d)  a manufactured game of skill which can only be played by one person at a time and whose operation may result in the award of a prize of any kind, other than a free game or additional game time;
(e)  a game of skill of the kind described in subparagraph d and which allows for competition among players;
(3)  Class “C” amusement machine:
(a)  a merry-go-round, mechanical game or other device in or on which a person rides, commonly referred to as a ride;
(b)  a billiard, pool or snooker table or other table of the same kind;
(c)  a bowling lane;
(d)  a machine whose operation is meant only for entertainment, with no possibility of accumulating free games, additional game time or winning a prize of any kind;
(e)  a hand crafted game of skill which can only be played by one person at a time;
(4)  Class “D” amusement machine:
(a)  a merry-go-round, mechanical game or other device in or on which a person rides, commonly referred to as a ride and intended for young children.
O.C. 1591-86, s. 2; O.C. 623-89, s. 1; O.C. 659-92, s. 2.
2.4. The duties per year for the registration of the amusement machines contemplated by section 2.3 are the following:
(a)  (paragraph revoked);
(b)  $336 for each Class “B” amusement machine;
(c)  $113 for each Class “C” amusement machine;
(d)  $29.25 for each Class “D” amusement machine.
O.C. 1591-86, s. 2; O.C. 623-89, s. 2; O.C. 659-92, s. 3.
3. Notwithstanding section 2.2, where an operator applies for a licence for the first time or makes a new application for an operator’s licence not expiring on the last day of a month, the board may issue such licence and registration markers for a period of less than 1 year but not less than 11 months.
In such a case, the duties prescribed in sections 2.1 and 2.4 are paid, in proportion to 12 months, for the number of months and days for which the licence and markers are issued.
R.R.Q., 1981, c. L-6, r. 1, s. 3; O.C. 1591-86, s. 2; O.C. 623-89, s. 3.
4. The holder of an operator’s licence who applies to the board for additional registration markers must forward to the board the prescribed form duly completed and the amount of the duties prescribed in 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.
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 prescribed form duly completed.
The duties are reimbursable for the number of months and days that remain before the expiry of his operator’s licence up to a maximum of 6 months.
O.C. 623-89, s. 3.
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 duties provided for in this Regulation shall be made in cash, by certified cheque or postal money order payable to the Régie des alcools, des courses et des jeux, when applying for a licence or registration markers.
Where in the case of an application for an operator’s licence and for registration markers for machines, the duties to be paid exceed $2,000, the payment of those duties may be made in 2 equal instalments: the first payment, when applying for the licence; the second payment, within 4 months of the date on which that licence is issued.
R.R.Q., 1981, c. L-6, r. 1, s. 9; O.C. 1591-86, s. 5; O.C. 623-89, s. 5.
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, 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.
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