L-6, r. 4 - Regulation respecting bingo

Full text
chapter L-6, r. 4
Regulation respecting bingo
LOTTERIES — BINGOS
Act respecting lotteries, publicity contests and amusement machines
(chapter L-6, ss. 34, 36, 49.0.1 and 119).
L-6
April 1 2016
The duties prescribed in the Regulation have been indexed as of 1 April 2019 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 30 March 2019, page 278. (ss. 10, 10.1, 11, 12, 13, 14, 16, 17)
DIVISION I
DEFINITIONS
1. For the purposes of the first paragraph of section 49.0.1 of the Act respecting lotteries, publicity contests and amusement machines (chapter L-6) and this Regulation,
“charitable purposes” means objects or purposes intended to relieve suffering or poverty and those intended to promote education or achieve any other objective favourable to the population in the fields of culture, the arts, sports or community interests; (fins charitables)
“religious purposes” means objects or purposes intended to promote a religions doctrine. (fins religieuses)
O.C. 1107-2007, s. 1.
DIVISION II
CATEGORIES OF LICENCES
2. The categories of licences in the bingo lottery scheme are as follows:
(1)  in-hall bingo licence;
(2)  media bingo licence;
(3)  recreational bingo licence;
(4)  fair or exhibition bingo licence;
(5)  agricultural concession bingo licence;
(6)  bingo licence for a public place of amusement;
(7)  bingo hall manager’s licence; and
(8)  bingo supplier’s licence.
Operation of the licences is governed by the Bingo Rules (chapter L-6, r. 5).
O.C. 1107-2007, s. 2.
3. An in-hall bingo licence, a media bingo licence and a recreational bingo licence may be issued only to a charitable or religious organization.
An in-hall bingo licence may authorize the holder to sell instant win tickets and 50/50 tickets.
O.C. 1107-2007, s. 3; O.C. 1046-2011, s. 1.
4. A fair or exhibition bingo licence may be issued only to the board of a fair or exhibition.
O.C. 1107-2007, s. 4.
5. An agricultural concession bingo licence may be issued only to the operator of a concession leased from the board of a fair or exhibition.
O.C. 1107-2007, s. 5.
6. A bingo licence for a public place of amusement, a bingo hall manager’s licence and a bingo supplier’s licence may be issued to a person or partnership.
O.C. 1107-2007, s. 6.
DIVISION III
VALIDITY AND APPLICATION DEADLINE
7. The period of validity of a licence referred to in section 2 is determined as follows:
(1)  an in-hall bingo licence and a bingo hall manager’s licence are valid for 3 years
(a)  beginning on 1 June of the year of its issue and ending on 31 May of the third year following the year of its issue, if the hall covered by the application is situated in any of the following regions: 01 Bas St-Laurent, 02 Saguenay-Lac-Saint-Jean, 04 Mauricie, 05 Estrie, 07 Outaouais, 08 Abitibi-Témiscamingue, 09 Côte-Nord, 10 Nord du Québec, 16 Montérégie or 17 Centre-du-Québec;
(b)  beginning on 1 December of the year of its issue and ending on 30 November of the third year following the year of its issue, if the hall covered by the application is situated in any of the following regions: 03 Capitale-Nationale, 06 Montréal, 11 Gaspésie-Îles-de-la-Madeleine, 12 Chaudières-Appalaches, 13 Laval, 14 Lanaudière or 15 Laurentides;
(2)  a fair or exhibition bingo licence and an agricultural concession bingo licence are valid for the duration of the fair or exhibition for which they are issued;
(3)  a bingo licence for a public place of amusement is valid for the duration of the festival for which it is issued; and
(4)  a media bingo licence, a recreational bingo licence and a bingo supplier’s licence are valid for 3 years beginning on the date indicated on the licence.
Where the board authorizes a modification in the management method for in-hall bingo pursuant to section 4 of the Bingo Rules (chapter L-6, r. 5), the board adjusts, if applicable, the period of validity of the licence based on that of other licences for the hall covered by the application for modification.
For the purposes of subparagraph 1, the administrative regions are those described in the Décret concernant la révision des limites des régions administratives du Québec (chapter D-11, r. 1).
O.C. 1107-2007, s. 7; O.C. 1046-2011, s. 2.
8. A licence application must be sent to the board at least 60 days before the date on which the applicant proposes to carry on the activities authorized by the licence.
Despite the foregoing, an application for an in-hall bingo licence and a bingo hall manager’s licence must be sent at least 4 months before the beginning of the period of validity of the licence applied for, as determined in section 7.
The person or partnership that submits an application for authorization to the board may be relieved from the default to comply with the period for sending a licence application provided for in the first and second paragraphs to avoid serious harm to a charitable or religious organization. Where the applicant is relieved from the default, the board adjusts, if applicable, the period of validity of the licence to the period of validity established in subparagraph 1 of the first paragraph of section 7 on the basis of the administrative region where the hall covered by the application is situated.
O.C. 1107-2007, s. 8; O.C. 1046-2011, s. 3.
9. At least 30 days before the beginning of the period of validity of an in-hall bingo licence or a bingo hall manager’s licence, the board must send the applicant a notice informing the applicant of the processing status of the application.
O.C. 1107-2007, s. 9.
DIVISION IV
FEES AND DUTIES
§ 1.  — Examination fees
10. The fees payable for the examination of an application for the issue of a licence referred to in section 2, other than a recreational bingo licence, are $137.
O.C. 1107-2007, s. 10.
10.1. The fees payable for the examination of an application for a modification in the management method for in-hall bingo, pursuant to section 4 of the Bingo Rules (chapter L-6, r. 5), are $137. The same applies for an application to obtain the authorization by the board to be relieved from the default to comply with the period for sending a licence application pursuant to section 8.
O.C. 1046-2011, s. 4.
§ 2.  — Duties
11. The duties payable for the issue of an in-hall bingo licence and a media bingo licence are determined on the basis of the funding needs established for each year during the period of validity of the licence pursuant to subparagraph 7 of the first paragraph of section 38 of the Bingo Rules (chapter L-6, r. 5) and to the third paragraph of that section. The duties are
(1)  $60.50 if the funding needs are $0 or more but less than $2,000 per year;
(2)  $120 if the funding needs are $2,000 or more but less than $4,000 per year;
(3)  $301 if the funding needs are $4,000 or more but less than $7,500 per year;
(4)  $418 if the funding needs are $7,500 or more but less than $15,000 per year;
(5)  $659 if the funding needs are $15,000 or more but less than $30,000 per year;
(6)  $897 if the funding needs are $30,000 or more but less than $45,000 per year;
(7)  $1,138 if the funding needs are $45,000 or more but less than $60,000 per year;
(8)  $1,255 if the funding needs are $60,000 or more but less than $75,000 per year;
(9)  $1,435 if the funding needs are $75,000 or more but less than $90,000 per year; and
(10)  $1,615, if the funding needs are $90,000 or more per year.
If the in-hall bingo licence authorizes the holder to sell instant win tickets and 50/50 tickets, duties of $622 are added to those prescribed in the first paragraph if the applicant’s funding needs are $15,000 or more per year.
O.C. 1107-2007, s. 11; O.C. 1046-2011, s. 5.
12. The duties payable for the issue of a recreational bingo licence are $18 per year, regardless of the number of bingo events held during the period of validity of the licence.
O.C. 1107-2007, s. 12; O.C. 1046-2011, s. 6.
13. The duties payable for the issue of a fair or exhibition bingo licence and an agricultural concession bingo licence are $72 per day on which bingo is conducted and operated during the fair or exhibition.
O.C. 1107-2007, s. 13.
14. The duties payable for the issue of a bingo licence for a public place of amusement are $72 per day on which bingo is conducted and operated during the festival.
O.C. 1107-2007, s. 14.
15. The duties payable for the issue of a hall manager’s licence are determined, for a particular hall, on the basis of the value of the prizes awarded to winners during the period of validity of the licence. The duties correspond to 0.37% of the value of the prizes awarded to winners of regular games and special games, including progressive jackpots and consolation prizes, instant win tickets and 50/50 tickets.
O.C. 1107-2007, s. 15; O.C. 1046-2011, s. 7.
16. The duties payable for the issue of a bingo supplier’s licence are $1,195 per year.
O.C. 1107-2007, s. 16; O.C. 1046-2011, s. 8.
17. The duties payable for the issue of a duplicate of a lost, destroyed or damaged licence are $7.
O.C. 1107-2007, s. 17.
§ 3.  — Miscellaneous
18. Payment of the examination fees under this Regulation must be made to the board at the time the licence application is filed. The fees are not refundable.
O.C. 1107-2007, s. 18.
19. Payment of the duties under this Regulation must be made to the board at the time the application for the issue of a licence is filed.
The annual duties for the maintenance of an in-hall bingo licence must be paid at least 4 months before the anniversary date of the issue of the licence. In the case of a media bingo licence, a recreational bingo licence or a bingo supplier’s licence, the annual duties must be paid at least 60 days before that date.
Despite the foregoing, the duties payable for the issue of a bingo hall manager’s licence are determined monthly on the basis of the value of the prizes awarded to winners in the preceding month, according to the percentage in section 15. They must be paid to the board on or before the 25th day of the month following the month considered for calculation purposes and be accompanied by the following information:
(1)  the name, address and licence number of the bingo hall manager;
(2)  the name and address of the bingo hall;
(3)  the month covered by the payment; and
(4)  the total value of the prizes awarded in the month to winners of regular games and special games, including progressive jackpots and consolation prizes, instant win tickets and 50/50 tickets.
O.C. 1107-2007, s. 19; O.C. 1046-2011, s. 9.
20. Payment of the fees and duties under this Regulation may be made in cash or by cheque or postal money order made out to the Minister of Finance, or using an electronic payment means.
O.C. 1107-2007, s. 20.
21. Beginning on 1 April 2009, the fees and duties under this Regulation are adjusted on 1 April of each year based on the percentage change in the general Consumer Price Index for Canada, as determined by Statistics Canada, for the period beginning on 1 January and ending on 31 December of the preceding year.
The adjusted fees and duties 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 fees and duties 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. 1107-2007, s. 21; O.C. 1049-2011, s. 1.
DIVISION V
AMENDING PROVISIONS
22. (Amendment integrated into c. L-6, r. 11).
O.C. 1107-2007, s. 22.
23. (Amendment integrated c. L-6, r. 11).
O.C. 1107-2007, s. 23.
DIVISION VI
TRANSITIONAL AND FINAL
24. (Obsolete).
O.C. 1107-2007, s. 24.
25. Despite subparagraph 1 of the first paragraph of section 7, in-hall bingo licences and bingo hall manager’s licences for a hall situated in any of the regions referred to in subparagraph b of that subparagraph are valid for an 18-month period beginning on 1 June 2008, if the applicants of such licences have sent their application to the board in accordance with section 24.
In that case and despite section 11, the duties payable for the issue of an in-hall bingo licence referred to in the first paragraph are
(1)  $75 if the funding needs are less than $3,000;
(2)  $150 if the funding needs are $3,000 or more but less than $6,000;
(3)  $375 if the funding needs are $6,000 or more but less than $11,250;
(4)  $525 if the funding needs are $11,250 or more but less than $22,500;
(5)  $825 if the funding needs are $22,500 or more but less than $45,000;
(6)  $1,125 if the funding needs are $45,000 or more but less than $67,500;
(7)  $1,425 if the funding needs are $67,500 or more but less than $90,000;
(8)  $1,575 if the funding needs are $90,000 or more but less than $112,500;
(9)  $1,800 if the funding needs are $112,500 or more but less than $135,000; and
(10)  $2,025, if the funding needs are $135,000 or more.
If the in-hall bingo licence authorizes the holder to sell instant win tickets, duties of $780 are added to those prescribed in the preceding paragraph if the applicant’s funding needs are $22,500 or more.
O.C. 1107-2007, s. 25.
26. The licences referred to in section 1 of the Regulation respecting bingos (O.C. 1270-97, 97-09-24) that are in force on 31 May 2008 cease to have effect on that date, except recreational bingo licences, agricultural concession bingo licences and bingo licences for a public place of amusement, which remain in force until their respective expiry date.
O.C. 1107-2007, s. 26.
27. The duties paid by the holder of an in-hall bingo licence or a media bingo licence pursuant to subparagraph 1 or 4 of the first paragraph of section 9 of the Regulation respecting bingos (O.C. 1270-97, 97-09-24) for every bingo event authorized by the holder’s licence and planned after 31 May 2008 are refunded to the holder.
O.C. 1107-2007, s. 27.
28. The annual duties of $550 paid by the holder of a bingo hall operator’s licence pursuant to the first paragraph of section 8 of the Regulation respecting bingos (O.C. 1270-97, 97-09-24) and covering in particular the period between 1 June 2008 and the expiry date of the holder’s licence are refunded to the holder in proportion to the number of days within that period.
In addition, the amounts paid by the holder for every bingo event authorized by the licence and planned after 31 May 2008 are refunded to the holder.
O.C. 1107-2007, s. 28.
29. This Regulation replaces the Regulation respecting bingos (O.C. 1270-97, 97-09-24).
O.C. 1107-2007, s. 29.
30. (Omitted).
O.C. 1107-2007, s. 30.
TRANSITIONAL
2011
(O.C. 1046-2011) SECTION 10. Despite subparagraph 1 of the first paragraph of section 7 of the Regulation respecting bingo (chapter L-6, r. 4), the first in-hall bingo licences and bingo hall manager’s licences covering a hall situated in any of the regions referred to in subparagraph a of that subparagraph, issued after 17 November 2011, are in force for a period of 24 months beginning on the date of their issue.
SECTION 11. Despite subparagraph 1 of the first paragraph of section 7 of the Regulation respecting bingo (chapter L-6, r. 4), the first in-hall bingo licences and bingo hall manager’s licences covering a hall situated in any of the regions referred to in subparagraph b of that subparagraph, issued after 17 November 2011, are in force for a period of 12 months beginning on the date of their issue.
SECTION 12. Despite the last paragraph of section 11 of the Regulation respecting bingo (chapter L-6, r. 4), the holder of an in-hall bingo licence who is authorized to sell instant win tickets may also sell 50/50 tickets as of 17 November 2011. The duties paid to obtain authorization to sell instant win tickets also allow the sale of 50/50 tickets.
REFERENCES
O.C. 1107-2007, 2007 G.O. 2, 4009
O.C. 1046-2011, 2011 G.O. 2, 3028
O.C. 1049-2011, 2011 G.O. 2, 3040