l-6 - Act respecting lotteries and amusement machines

Updated to 8 June 2006

This document has official status.

chapter L-6

Act respecting lotteries, publicity contests and amusement machines

1990, c. 46, s. 18.

CHAPTER I DEFINITIONS

1. In this Act, and in the regulations and rules hereunder, unless the context indicates otherwise,

(a)  “amusement machine” means a contrivance for providing amusement or a game of skill but not a video lottery machine;

(a.1)  “video lottery machine” means, with the exception of machines used by the Société des loteries du Québec in operating lottery schemes not governed by this Act, slot machines within the meaning of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) and any machine or apparatus operated by or with the assistance of computers, electronic visualizing devices or mechanical or electromechanical devices which offer games, means, schemes or devices or other activities mentioned in paragraphs a to g of subsection 1 of section 206 of the Criminal Code;

(a.2)  “State casino” means either an establishment occupied or used by the Société des loteries du Québec to conduct and manage casino lottery schemes or an establishment of which the Société des loteries du Québec or one of its subsidiaries is the owner or lessee where it operates video lottery machines;

(b)  “publicity contest” means a contest, a lottery scheme, a game, a plan or an operation which results in the awarding of a prize, carried on for the object of promoting the commercial interests of the person for whom it is carried on;

(c)  (subparagraph repealed);

(d)  (subparagraph repealed);

(e)  (subparagraph repealed);

(e.1)  “local body” means a body designated pursuant to the second paragraph of section 34;

(f)  “person” means an individual, a legal person, a partnership, an association, an heir, a sequestrator, a trustee in bankruptcy, a liquidator, a trustee or an administrator;

(g)  (subparagraph repealed);

(h)  “prescribed”, in the case of a form or of information to be provided on a form, means prescribed by the board and, in other cases, prescribed by regulation of the Government;

(i)  “board” means the Régie des alcools, des courses et des jeux, established under the Act respecting the Régie des alcools, des courses et des jeux (chapter R-6.1);

(j)  “rule” means a rule adopted by the board by virtue of this Act;

(k)  “regulation” means a regulation made by the Government by virtue of this Act;

(l)  “video lottery scheme” means a lottery scheme in which games are offered through video lottery machines which are linked to a central control computer, except if operated in a State casino;

(m)  (subparagraph repealed).

In this Act, and in the regulations and rules, the expression “lottery scheme” includes a game of chance and a game of mixed chance and skill.

1978, c. 36, s. 1; 1983, c. 49, s. 24; 1987, c. 103, s. 117; 1990, c. 46, s. 19; 1991, c. 75, s. 1; 1993, c. 39, s. 48; 1997, c. 54, s. 1; 1999, c. 40, s. 170; 2001, c. 65, s. 1.

CHAPTER II REGULATORY POWERS OF THE BOARD

1990, c. 46, s. 20; 1993, c. 39, s. 49.

2. (Repealed).

1978, c. 36, s. 2; 1990, c. 46, s. 21; 1993, c. 39, s. 49.

3. (Repealed).

1978, c. 36, s. 3; 1993, c. 39, s. 49.

4. (Repealed).

1978, c. 36, s. 4; 1981, c. 14, s. 37; 1993, c. 39, s. 49.

5. (Repealed).

1978, c. 36, s. 5; 1993, c. 39, s. 49.

6. (Repealed).

1978, c. 36, s. 6; 1993, c. 39, s. 49.

7. (Repealed).

1978, c. 36, s. 7; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1993, c. 39, s. 49.

8. (Repealed).

1978, c. 36, s. 8; 1993, c. 39, s. 49.

9. (Repealed).

1978, c. 36, s. 9; 1993, c. 39, s. 49.

10. (Repealed).

1978, c. 36, s. 10; 1989, c. 9, s. 1; 1993, c. 39, s. 49.

11. (Repealed).

1978, c. 36, s. 11; 1989, c. 9, s. 1; 1993, c. 39, s. 49.

12. (Repealed).

1978, c. 36, s. 12; 1989, c. 9, s. 1; 1993, c. 39, s. 49.

12.1. (Repealed).

1989, c. 9, s. 1; 1993, c. 39, s. 49.

13. (Repealed).

1978, c. 36, s. 13; 1986, c. 95, s. 182; 1993, c. 39, s. 49.

13.1. (Repealed).

1986, c. 95, s. 182; 1993, c. 39, s. 49.

14. (Repealed).

1978, c. 36, s. 14; 1993, c. 39, s. 49.

15. (Repealed).

1978, c. 36, s. 15; 1993, c. 39, s. 49.

16. (Repealed).

1978, c. 36, s. 16; 1979, c. 37, s. 43; 1993, c. 39, s. 49.

17. (Repealed).

1978, c. 36, s. 17; 1993, c. 39, s. 49.

18. (Repealed).

1978, c. 36, s. 18; 1993, c. 39, s. 49.

19. (Repealed).

1978, c. 36, s. 19; 1990, c. 46, s. 22; 1991, c. 75, s. 2; 1993, c. 39, s. 49.

20. Except with respect to video lotteries and State casinos, the board may make rules respecting

(a)  (subparagraph repealed);

(b)  (subparagraph repealed);

(c)  the nature, number and frequency of lottery schemes;

(d)  the distribution of dates, places and times for the conduct of lottery schemes;

(e)  the nature, the components, the specifications and the method of operation of amusement machines;

(f)  the nature, quality and use of machines or equipment utilized in activities governed by this Act;

(g)  the maintaining of public order and the safety of persons in premises in which activities governed by this Act are being carried on;

(h)  the determination of criteria for the assignment or redistribution of bingo lottery scheme licences;

(i)  the conditions for obtaining prescribed licences and the standards, restrictions or prohibitions relating to the use thereof;

Not in force

(i.1)  the conditions for obtaining an authorization to hold a publicity contest;

(i.2)  the determination of the minimum percentage of net profits and the maximum percentage of administrative expenses that the holder of a bingo licence must comply with;

(i.3)  the determination of the maximum percentage of net profits and the maximum percentage of gross revenues of a bingo that may be collected by the holder of a bingo hall manager’s licence;

(i.4)  any form of remuneration or determination of remuneration pertaining to bingo hall services that is not provided for in subparagraph i.2 or i.3;

(i.5)  the determination of criteria for prize-giving during a bingo event;

(j)  the carrying or the posting up of licences;

(j.1)  the determination of the minimum price that players may be charged for a bingo board, booklet, sheet or card;

(k)  the advertising and promotion relating to activities governed by this Act;

(l)  the reports that licence holders must submit, the form of such reports, their frequency and the information that the reports must contain, which may vary according to the categories of licences;

(m)  the registers and financial statements that licence holders must keep, the information that such documents must contain, the length of time for which and the place in which they must be preserved and the standards relating to the disposal of the amounts collected by licence holders, which may vary according to the categories of licences.

Subject to the same restriction, it may also make any other rule relating to the organization, management, conduct and operation of publicity contests and lottery schemes and to the operation of amusement machines.

Every rule shall be submitted to the Government for approval.

The rules under subparagraphs c, d, h and i to m of the first paragraph shall be made after consultation with the Secrétariat du bingo.

Any rules made by the board pursuant to subparagraphs i.2 to i.5 and j.1 of the first paragraph are not subject to the publication requirement prescribed by section 8 of the Regulations Act (chapter R-18.1).

1978, c. 36, s. 20; 1987, c. 103, s. 118; 1990, c. 46, s. 23; 1993, c. 39, s. 50; 1993, c. 71, s. 26; 1997, c. 54, s. 2; 2001, c. 65, s. 2.

20.1. With respect to video lotteries operated elsewhere than in a State casino, the board may make rules to

(a)  determine the conditions for obtaining a prescribed licence and the standards, restrictions or prohibitions relating to their use;

(b)  determine the conditions for obtaining an authorization to transport machines;

(c)  determine the categories of prescribed licences or the cases where notice of an application for a licence must be published in newspapers;

(d)  determine the types, components, specifications and mode of operation of video lottery machines;

(d.1)  determine the intervals between inspections of a video lottery machine;

(e)  determine the categories of establishments where such machines may be operated, the places where such establishments may be situated as well as the location of such machines within the establishments;

(f)  determine, for the category of licence the board indicates, the maximum number of machines that a licence holder may have in his possession;

(g)  determine the conditions relating to the participation of players;

(h)  determine the reports that licence holders must submit, the form of such reports and the information that the reports must contain, which may vary according to the categories of licences;

(i)  determine the registers and financial statements that licence holders must keep, the information that such documents must contain, the length of time for which and the place in which they must be preserved and the standards relating to the disposal of the amounts collected by licence holders, which may vary according to the categories of licences;

(j)  establish standards, restrictions or prohibitions relating to video lottery promotion, advertising and educational programs, some or all of which may only apply to certain categories of persons;

(k)  (subparagraph replaced);

(l)  establish standards relating to the maintenance of public order and to the safety of persons on premises where video lottery activities are taking place;

(m)  establish standards relating to the transport of video lottery machines.

In establishing the standards referred to in subparagraphs a, g and j of the first paragraph, the board may take into account the age, Canadian citizenship, place of residence, morality and judicial antecedents of a person.

The board may, on establishing rules under this section, exempt all the licence holders of the category governed by those rules from the application of all or some of such rules, on the conditions and for the period it determines.

Every rule shall be submitted to the Government for approval. The rules referred to in subparagraph d of the first paragraph shall be submitted to the Government on the joint recommendation of the Minister of Public Security and the Minister of Finance.

1993, c. 39, s. 51; 1993, c. 71, s. 27; 1995, c. 4, s. 1; 2001, c. 77, s. 4.

20.1.1. Notwithstanding the maximum number of video lottery machines determined by the board under its rules, the holders of a site operator’s licence who also hold a racing licence or a class “A” or class “B” race track licence issued under the Act respecting racing (chapter C‐72.1) may be authorized to hold the following maximum number of video lottery machines:

 —  125 machines at the Montréal race track;

 —  100 machines at the Québec race track;

 —  50 machines at the Trois-Rivières race track.

The Government may, on the joint recommendation of the Minister of Economic Development, Innovation and Export Trade, the Minister of Finance and the Minister of Public Security, change the maximum number of video lottery machines authorized for each race track mentioned in the first paragraph.

The board may designate other class “A” or class “B” race tracks and determine, for each one, the maximum number of video lottery machines that may be authorized.

The exercise by the board of the powers referred to in the third paragraph is subject to government approval. The Government shall be seized of the matter on the joint recommendation of the Minister of Economic Development, Innovation and Export Trade, the Minister of Finance and the Minister of Public Security.

The machines must be placed in an area for which the holder of the racing licence or the race track licence holds a bar permit. The machines may be placed in several such areas. However, only one such area may contain a number of machines that is greater than the maximum number determined by the board under its rules.

A site operator’s licence for the Montréal, Québec or Trois-Rivières race track, or for any other race track designated under this section, may be issued only to the holder of a racing licence or race track licence.

1995, c. 68, s. 4; 1997, c. 54, s. 3; 1999, c. 8, s. 20; 2003, c. 29, s. 135; 2006, c. 8, s. 31.

20.2. With respect to State casinos, the board may make rules to

(a)  establish, so as to ensure that activities are exercised under the best possible conditions of safety and morality, the conditions that must be met by persons belonging to the categories it determines among those working in a casino, performing duties connected with the casino, entrusted with the training of such persons or supplying goods or services to the casino or to the patrons as well as the directors or employees of such persons;

(b)  determine the intervals between the inspections of the gaming machines and electronic equipment to which the first paragraph of section 52.15 applies;

(c)  determine a procedure for the identification of such machines;

(d)  establish standards, restrictions or prohibitions relating to promotion, advertising, educational programs and lodging and transportation packages, some or all of which may only apply to certain categories of persons;

(e)  (subparagraph repealed);

(f)  fix the days and hours when the public may be admitted into a casino;

(g)  prescribe the conditions for admission into a casino and the grounds for exclusion;

(h)  establish standards relating to the maintenance of public order and the safety of persons in State casinos and their appurtenances.

The board may make distinctions with respect to any of the rules according to lottery schemes or categories of persons or establishments. In establishing the standards referred to in subparagraphs a, d and g of the first paragraph, the board may take into account the successful completion of a training course and the age, Canadian citizenship, place of residence, morality and judicial antecedents of a person; in establishing the standards referred to in subparagraph a of the first paragraph, the board may provide for fingerprints and photographs to be taken which will be destroyed if no contract for the hiring of personnel or the supply of goods or services is awarded or, if a contract is awarded, at the end of that contract.

Every rule shall be submitted to the Government for approval. The standards relating to the maintenance of public order and the safety of persons shall be submitted for approval on the joint recommendation of the Minister of Public Security and the Minister of Finance.

1993, c. 39, s. 51; 1993, c. 71, s. 28.

21. (Repealed).

1978, c. 36, s. 21; 1993, c. 39, s. 52.

22. (Repealed).

1978, c. 36, s. 22; 1993, c. 39, s. 52.

23. (Repealed).

1978, c. 36, s. 23; 1983, c. 49, s. 25; 1987, c. 103, s. 119; 1990, c. 46, s. 24; 1993, c. 39, s. 52.

24. (Repealed).

1978, c. 36, s. 24; 1983, c. 49, s. 26; 1984, c. 27, s. 69; 1990, c. 4, s. 546; 1990, c. 46, s. 25.

24.1. (Repealed).

1983, c. 49, s. 27; 1987, c. 103, s. 120.

25. (Repealed).

1978, c. 36, s. 25; 1983, c. 49, s. 28; 1987, c. 103, s. 120.

26. (Repealed).

1978, c. 36, s. 26; 1983, c. 49, s. 28; 1987, c. 103, s. 121; 1990, c. 46, s. 25.

27. (Repealed).

1978, c. 36, s. 27; 1983, c. 49, s. 28; 1987, c. 103, s. 122; 1990, c. 46, s. 26; 1993, c. 39, s. 52.

28. (Repealed).

1978, c. 36, s. 28; 1983, c. 49, s. 28; 1987, c. 103, s. 123; 1990, c. 46, s. 27; 1993, c. 39, s. 52.

29. (Repealed).

1978, c. 36, s. 29; 1983, c. 49, s. 29; 1987, c. 103, s. 124; 1990, c. 46, s. 28.

30. (Repealed).

1978, c. 36, s. 30; 1990, c. 46, s. 28.

31. (Repealed).

1978, c. 36, s. 31; 1983, c. 49, s. 28; 1987, c. 103, s. 125; 1988, c. 21, s. 66; 1990, c. 46, s. 29; 1993, c. 39, s. 52.

32. (Repealed).

1978, c. 36, s. 32; 1993, c. 39, s. 52.

33. (Repealed).

1978, c. 36, s. 33; 1987, c. 103, s. 126; 1990, c. 46, s. 30; 1993, c. 39, s. 52.

CHAPTER III LOTTERY SCHEMES AND AMUSEMENT MACHINES

1990, c. 46, s. 31.

DIVISION I LICENCES

34. No person may, in the matter of amusement machines, video lottery machines or lottery schemes, carry on an activity for which a licence is prescribed under this Act or the regulations thereunder, unless such a licence has been issued to him by the board upon payment to the board of the prescribed duties and the prescribed examination fees, in the manner and at the time prescribed.

However, in the case of a native community residing on a reserve or in a settlement determined by regulation and insofar as an agreement concerning the establishment of a local body has been reached between the Government and the native community, represented by its band council or the northern village, the Government may designate such local body as the body responsible for issuing bingo licences, on that reserve or settlement. The local body shall collect, for its own account, the duties prescribed in the first paragraph in respect of licences which it issues.

Any agreement reached pursuant to the second paragraph shall be tabled before the National Assembly within 15 days of being adopted by the Government or, if the Assembly is not sitting, within 15 days of resumption.

1978, c. 36, s. 34; 1987, c. 103, s. 127; 1990, c. 46, s. 32; 1991, c. 75, s. 3; 1993, c. 39, s. 53; 1993, c. 71, s. 29; 1996, c. 2, s. 733.

34.1. The provisions of this Act apply to the organization, administration, conduct and operation of a bingo game held under a licence issued by a local body.

Not in force

In that case, the powers conferred on the board by Division I of Chapter V to ascertain compliance with this Act are exercised by the local body.

1991, c. 75, s. 4; 1993, c. 71, s. 30.

35. A person who owns an amusement machine for purposes other than to derive a revenue therefrom is not required to hold, with regard to that machine, the licence provided for in section 34.

1978, c. 36, s. 35.

36. A person wishing to obtain a licence must, within the prescribed time, apply to the board by sending it the prescribed form duly completed.

He must also furnish the relevant documents and information that the board may require, and meet the conditions provided for by the rules.

Any modification relating to the documents or information contemplated in the preceding paragraphs must be reported immediately to the board under pain of revocation of the licence.

1978, c. 36, s. 36; 1990, c. 46, s. 33.

36.1. Where the board receives a licence application for which publication is prescribed by the rules it shall, before making a decision,

(1)  publish, at the expense of the applicant, a notice in a newspaper circulated in the local municipal territory where the establishment for which the licence to be used will be situated;

(2)  inform the secretary-treasurer or the clerk of the local municipality concerned.

The notice shall indicate the name of the applicant, the nature of the application and the place where the licence is to be used. It shall also indicate the address of the office of the board to which objections or interventions must be sent.

1993, c. 39, s. 54; 1996, c. 2, s. 734.

36.1.1. The board may, if it considers it advisable, conduct market surveys regarding the bingo lottery scheme; the surveys must be made public.

2001, c. 65, s. 3.

36.2. Any person, partnership or association within the meaning of the Civil Code may, within 15 days after publication of the notice, object to the issue of the licence by sending to the board a sworn written statement setting out the grounds for opposition or, if an objection has been filed, intervene in favour of the application, within 30 days after publication of that notice.

The Minister may, within the same time limits, intervene pleno jure.

The board may require that an association referred to in the first paragraph establish its representativeness.

1993, c. 39, s. 54; 1993, c. 39, s. 113; 1997, c. 43, s. 338.

36.2.1. If an objection is addressed to it in accordance with section 36.2, the board shall call a hearing to allow any interested person to make representations.

At least 10 days before the hearing, the board shall send to the applicant and to any person who has filed an objection or intervention, by registered or certified mail or by service on the person, a notice indicating the date, place and time fixed by it for the holding of the hearing.

1997, c. 43, s. 339.

36.3. Notwithstanding any municipal by-law passed under a general law or special Act, the operation of a video lottery machine is permitted provided the machine is operated in accordance with the conditions prescribed by this Act or its statutory instruments.

1995, c. 4, s. 2.

37. (Repealed).

1978, c. 36, s. 37; 1993, c. 39, s. 55.

38. (Repealed).

1978, c. 36, s. 38; 1990, c. 46, s. 34.

39. (Repealed).

1978, c. 36, s. 39; 1990, c. 46, s. 34.

40. (Repealed).

1978, c. 36, s. 40; 1987, c. 68, s. 87.

41. (Repealed).

1978, c. 36, s. 41; 1990, c. 46, s. 34.

42. (Repealed).

1978, c. 36, s. 42; 1990, c. 46, s. 34.

43. (Repealed).

1978, c. 36, s. 43; 1990, c. 46, s. 34.

44. (Repealed).

1978, c. 36, s. 44; 1990, c. 46, s. 34.

45. (Repealed).

1978, c. 36, s. 45; 1984, c. 27, s. 70; 1990, c. 46, s. 34.

45.1. (Repealed).

1984, c. 27, s. 71; 1990, c. 4, s. 547; 1990, c. 46, s. 34.

46. (Repealed).

1978, c. 36, s. 46; 1984, c. 27, s. 72; 1986, c. 95, s. 183; 1990, c. 46, s. 34.

47. Where the exercise of the privileges conferred by a licence involves, for the holder, financial responsibilities towards the board or the public, the board may, in the cases provided for by the rules, require as a condition of the issue or renewal of that licence or its maintenance that the person making the application or the holder pay to it security in the amount fixed by it, taking into account the importance of these financial responsibilities.

1978, c. 36, s. 47; 1993, c. 71, s. 31.

48. The board may require as a condition of the issue or renewal of a licence or its maintenance that the applicant or holder have and maintain, for the duration of that licence, liability insurance or such other form of protection as the board may consider satisfactory, in an amount enabling him to satisfy a claim arising out of his civil liability.

1978, c. 36, s. 48; 1984, c. 27, s. 73; 1993, c. 71, s. 31.

49. The board may impose, upon the issue or renewal of a licence, any other condition provided for by the rules as to the exercise of the privileges conferred by that licence; this condition must, however, be indicated in the licence.

1978, c. 36, s. 49; 1993, c. 71, s. 31.

49.0.1. Before issuing a bingo licence, the board must ensure that the charitable or religious purposes pursued by the applicant are consistent with those defined by regulation and that the activities for which a licence is applied for are compatible with the applicant’s constitutive charter or other documents evidencing its existence.

In order to ensure the orderly development of bingo, to maximize profitability for bingo licence holders and to enable the community to derive the greatest possible benefit from bingo proceeds, the board may consider, among other things,

(1)  all documents or information establishing the applicant’s need for funds;

(2)  the other fund-raising methods available to the applicant;

(3)  the economic consequences of the issue of the licence applied for on existing licences that may be affected thereby;

(4)  (subparagraph repealed).

1997, c. 54, s. 4; 2001, c. 65, s. 4.

49.1. An amusement machine or video lottery machine licence may be renewed for a period of one year, provided that

(1)  the prescribed duties are paid at least 30 days before the expiry date of the licence, subject to the prescribed terms and conditions of payment;

(2)  the licence holder complied with the provisions of this Act and the regulatory instruments thereunder during the period of validity that is ending;

(3)  the licence holder fulfils the other conditions for obtaining the licence, and provides any relevant document or information the board may require.

The licence holder may not invoke the fact that the notice provided for in section 49.2 was not sent, or an error in the content thereof, to justify non-compliance with the condition prescribed in subparagraph 1 of the first paragraph. However, if he proves to the board that it was impossible for him to comply with the time limit, he may pay the prescribed duties at any time up to the date of expiry of the licence.

1993, c. 71, s. 32.

49.2. At least 60 days before the expiry date of an amusement machine or video lottery licence, the board shall give notice to the licence holder informing him of the expiry date of the licence, of the amount of duties payable and of the date on which the duties must be paid for renewal.

Where the amount of such duties is altered by regulation before the expiry date of the licence, a new notice shall be sent to the licence holder informing him of the change in the amount of the duties, and, if necessary, extending the time limit for payment of the duties.

1993, c. 71, s. 32.

49.3. Where the board has received the renewal duties for a licence within the time limit, the licence remains valid, notwithstanding the expiry thereof, until the decision of the board concerning the renewal.

Where the licence is renewed, the renewal has effect from the expiry date originally prescribed.

1993, c. 71, s. 32.

49.4. The board may revoke a licence at the request of its holder, after examining the record, provided it has no serious grounds to believe that there is a basis for revoking it otherwise.

Voluntary revocation of a licence valid for six months or more entitles the holder to the reimbursement of the duties paid in proportion to the number of days during which the licence will not be used by reason of the revocation.

1993, c. 71, s. 32.

49.5. Where duties are payable in several instalments, failure to meet an instalment deadline results in the revocation by operation of law of the licence.

However, revocation does not occur if, before the board registers the revocation by operation of law, the holder proves to the board that it was impossible for him to meet the deadline and pays the prescribed duties and additional fees.

1993, c. 71, s. 32.

50. The board may, when the public interest so requires, refuse to issue, renew, suspend or revoke a licence.

It may refuse to issue or renew the licence if it considers that the use of the licence is likely to disturb public tranquility.

It may suspend or revoke a licence if

(1)  the licence was obtained following false representations;

(2)  the holder no longer fulfils the conditions for obtaining the licence;

(3)  the holder uses the licence in such a way that public tranquility is disturbed;

(4)  the holder refuses or neglects to comply with a request or an order of the board.

It may, in addition, when the holder of a licence refuses or neglects to comply with this Act, the regulations or the rules, suspend or revoke his licence or require, for its maintenance or revalidation, that he fulfil the conditions it may require as to the exercise of the privileges conferred by that licence.

1978, c. 36, s. 50; 1993, c. 71, s. 33.

50.0.0.1. An application for the issue or renewal of a licence that has been refused may not be reexamined by the board unless one year or more has elapsed from the date of the refusal or the applicant provides evidence that new circumstances have arisen since the application was refused.

2001, c. 65, s. 5.

50.0.1. The board may, in plenary session, if the public interest so requires, suspend the issue of licences for all or part of the territory of Québec for the period, not exceeding one year, determined by the board. The suspension may, however, be extended subject to the same conditions.

A suspension measure under this section may be imposed in respect of licence applications filed before the suspension measure becomes effective and in respect of which the board has not made a decision. The suspension measure may indicate the licence applications that are exempted from its application.

A suspension measure or its extension must be submitted to the Government for approval and shall take effect on the date of its publication in the Gazette officielle du Québec or on any later date mentioned therein.

1997, c. 54, s. 5; 2001, c. 65, s. 6.

50.0.2. The Government may, if it considers it expedient, establish according to the categories of licences and the terms and conditions it determines, a temporary program of financial assistance for the benefit of bingo licence holders to minimize the inconvenience that may be caused by, among other factors, the closing of a hall or the application of new rules.

2001, c. 65, s. 6.

50.0.3. The Government may require an annual contribution from bingo lottery scheme licence holders for the purpose of financing the Secrétariat du bingo. The percentage of the contribution and the collection procedure shall be determined by the Government.

2001, c. 65, s. 6.

50.1. The board, in the performance of its functions and the exercise of its powers as regards public tranquility, may, among other factors, take into account:

(1)  any noise, gathering or assembly that results or may result from an activity for which a licence is required and that may disturb the peace in the neighbourhood;

(2)  the place where the licence is used and, in particular, whether the sector concerned is a residential, commercial, industrial or tourist sector;

(3)  the measures taken by the applicant or licence holder for, and their efficiency in, preventing, on the premises where the licence is used,

(a)  the possession, consumption, sale, exchange or gift, in whatever manner, of a drug, narcotic or any other substance that may be held to be a drug or narcotic;

(b)  the possession of a firearm or any other offensive weapon;

(c)  gestures or actions of a sexual nature that may disturb the peace and related solicitation;

(d)  usurious loans or pawnbroking, or acts of violence, including theft or mischief, that may disturb the peace of the customers or the residents of the neighbourhood;

(e)  games of chance or any betting or wagering not authorized by the licence that may disturb the peace;

(f)  any contravention of an Act or a regulation concerning safety, hygiene or sanitation in a public place or public building.

1993, c. 71, s. 34.

51. (Repealed).

1978, c. 36, s. 51; 1993, c. 39, s. 55.

52. Licences are not transferable and may not be issued for a period that exceeds one year, except bingo lottery scheme licences which are issued for a period of not more than three years.

The duties prescribed by regulation shall be payable annually for the maintenance of a bingo lottery scheme licence. In the case of non-payment of the duties, the licence shall be without effect.

1978, c. 36, s. 52; 2001, c. 65, s. 7.

DIVISION I.1 VIDEO LOTTERY

1993, c. 39, s. 56.

52.1. No person may have in his possession a video lottery machine unless it is identified by means of a registration number assigned by the board.

1993, c. 39, s. 56.

52.2. No person may operate a video lottery machine unless it is the property of the Société des loteries du Québec or one of its subsidiaries and unless it is linked to the central computer control of a video lottery scheme established and managed by the Société.

1993, c. 39, s. 56.

52.3. No person may manufacture, assemble, install, maintain, repair, sell or otherwise alienate, purchase or otherwise acquire, operate or otherwise possess or have in his possession a video lottery machine unless he holds a licence issued for such purpose.

In the case of a legal person, the issue or maintenance of the licence is subject to the obligation that, in addition to the legal person, each person determined by regulation meets the conditions of the licence.

1993, c. 39, s. 56.

52.4. No licence holder may have in his possession a greater number of machines than that authorized in his licence.

1993, c. 39, s. 56.

52.5. A video lottery machine shall not be operated elsewhere than in a State casino or such other establishment as is determined by the rules. Within such other establishment, a machine shall not be situated elsewhere than in the place determined by the rules.

1993, c. 39, s. 56.

52.6. The transport of video lottery machines that are to be delivered in Québec may be carried out only by a holder of the licence referred to in section 52.3, who must obtain the authorization of the board on the conditions determined by its rules and upon payment of the prescribed duties.

This section shall not be interpreted so as to prohibit the transport of video lottery machines in transit; however, where such transport takes place without a bill of lading indicating the destination outside Québec of such machines, there shall be an absolute presumption that they are to be delivered in Québec.

1993, c. 39, s. 56.

52.7. Sections 52.1 and 52.2 do not apply to video lottery machines operated in a State casino, which must nevertheless bear an identification number assigned in accordance with the rules of the board.

Furthermore, the board, on the conditions it determines, may dispense the holder of a licence issued for the manufacture or assembly of video lottery machines from the obligation of registration set out in section 52.1.

1993, c. 39, s. 56.

52.8. Sections 52.3 and 52.6 do not apply to the Société des loteries du Québec or to its subsidiaries, but the Société and its subsidiaries must inform the board of their intentions before commencing an activity that falls within the scope of those provisions.

The board may also, on the conditions it determines, dispense a person bound by a contract with the Société or with one of its subsidiaries for the supply of goods or services relating to video lottery machines from the obligations set out in the said sections.

1993, c. 39, s. 56.

52.9. No administrator of the Société des loteries du Québec or a subsidiary of the Société having objects which relate to the video lottery scheme established and operated by the Société, and no personnel member who is assigned to the scheme may, personally or through a third person, play a machine which is a part of the scheme.

1993, c. 39, s. 56.

DIVISION I.2 STATE CASINO

1993, c. 39, s. 56.

52.10. No contract for the hiring of personnel or the supply of goods or services may be awarded by the Société des loteries du Québec in connection with the operation of a State casino to a contracting party to which a rule adopted pursuant to subparagraph a of the first paragraph of section 20.2 applies unless the board has verified that the contracting party and, where applicable, its directors and employees meet the conditions that are applicable to them under the said rule.

The same requirement applies to the awarding of such contracts by a subsidiary of the Société des loteries du Québec.

It does not apply to the awarding of contracts for the hiring of personnel or the supply of goods or services by the Société des loteries du Québec to one of its subsidiaries. However, the board shall verify that the directors of such a subsidiary meet the conditions prescribed by the said rule and shall report to the Minister.

Such verification may also be made in the course of a contract. If the board ascertains that the prescribed conditions are not met, the Société des loteries du Québec or, where applicable, its subsidiary, shall take all measures necessary to remedy the situation, in particular by transferring the employee, resiliating his contract or giving a formal notice to the supplier requiring him to take similar measures with respect to the persons concerned; the supplier is thereby authorized to take such measures.

1993, c. 39, s. 56.

52.11. Any verification under section 52.10 shall be carried out by a member of the Sûreté du Québec who is authorized by the Minister.

1993, c. 39, s. 56.

Not in force

52.12. The board shall inform the Société des loteries du Québec and, where applicable, the subsidiary of the results of the verification; the board shall mention any conditions that have not been complied with.

1993, c. 39, s. 56; 1993, c. 71, s. 35.

52.13. No director of the Société des loteries du Québec, no director of a subsidiary having objects which relate to State casinos, and no personnel member who is assigned to a State casino may, personally or through a third person, participate in a casino lottery scheme.

The same prohibition applies to members of the Sûreté du Québec or other police forces who, by reason of the duties assigned to them, may be called upon to intervene on premises where a State casino is operated.

1993, c. 39, s. 56.

52.14. To ascertain compliance with this Act, the rules or regulations thereunder or the by-laws adopted under section 13 of the Act respecting the Société des loteries du Québec (chapter S-13.1), the premises in which a State casino is operated may be placed under video surveillance.

1993, c. 39, s. 56.

DIVISION II INSPECTION AND REGISTRATION OF MACHINES

1993, c. 39, s. 57.

52.15. The Société des loteries du Québec shall, prior to their acquisition and, subsequently, at the intervals determined by the rules of the board or whenever so requested by the board, cause the gaming machines and electronic equipment directly linked to the casino lottery schemes that it operates in a State casino to be inspected and certified by a laboratory which is under the responsibility of the Minister to ensure that they operate solely on the basis of chance and that the gaming machines are adequate.

The same obligation applies, as the case may be, to the Société or to the licence holders as regards video lottery machines operated elsewhere than in a State casino, before such machines are registered, and subsequently at the intervals determined by the rules of the board or when requested by the board.

1993, c. 39, s. 58; 1993, c. 71, s. 36.

53. No person may have in his possession, possess or use a prescribed device that may be used in the exercise of privileges conferred by a licence, unless the device is registered with the board.

1978, c. 36, s. 53; 1987, c. 103, s. 128; 1996, c. 17, s. 11; 2002, c. 58, s. 8.

54. The registration provided for in section 52.1 or 53 is made upon payment to the board of the prescribed duties, in the manner and at the time prescribed.

1978, c. 36, s. 54; 1993, c. 39, s. 59.

54.1. The board may refuse to register a machine, refuse to renew the registration thereof or suspend or revoke the registration thereof if

(1)  the nature, components, specifications or mode of operation prescribed in the rules are not complied with;

(2)  the machine is used or operated for purposes other than the purposes for which it must be registered.

1993, c. 71, s. 37.

55. Sections 36, 49, 49.1 to 50, 50.1 and 52 apply, with the necessary modifications, to the registration provided for in section 52.1 or 53.

1978, c. 36, s. 55; 1990, c. 46, s. 35; 1993, c. 39, s. 60; 1993, c. 71, s. 38; 1997, c. 54, s. 6.

DIVISION III

Repealed, 1990, c. 46, s. 36.

1990, c. 46, s. 36.

56. (Repealed).

1978, c. 36, s. 56; 1987, c. 103, s. 129; 1990, c. 46, s. 36.

57. (Repealed).

1978, c. 36, s. 57; 1990, c. 46, s. 36.

CHAPTER III.1 CONSULTATIVE BODIES IN THE BINGO SECTOR

2001, c. 65, s. 8.

57.0.1. The following consultative bodies are hereby established:

(1)  the “Forum des organismes de charité ou religieux titulaires de licence de bingo”, a legal person constituted of all the religious or charitable organizations holding a bingo licence.

The object of the Forum is to encourage concerted action among bingo licence holders, promote the interests of bingo licence holders and advise the Minister on any matter submitted to the Forum by the Minister.

The Forum shall be governed by the provisions of Part III of the Companies Act (chapter C-38).

The Forum shall establish an advisory committee in particular to represent each administrative region of Québec.

(2)  the “Secrétariat du bingo”, a legal person whose object is to encourage and promote the development of bingo, make bingo development proposals to the Minister and carry out any mandate conferred on it by the Minister.

The Secrétariat’s board of directors shall be composed of five members, as follows:

(a)  three members elected from the list of the persons designated by the Forum des organismes de charité ou religieux titulaires de licence de bingo, from among the members of organizations that are members of the Forum;

(b)  one member elected from the list of the persons designated by an organization accredited by the Minister to represent the holders of a bingo hall manager’s licence not acting for profit or, if not, elected from the list of the persons designated by the Minister;

(c)  one member elected from the list of the persons designated by an organization accredited by the Minister to represent the holders of a bingo hall manager’s licence acting for the purpose of profit or, if not, elected from the list of the persons designated by the Minister.

The president of the Société des bingos du Québec, or any person designated by the president, shall participate in the meetings of the board of directors without, however, being entitled to vote.

The Secrétariat shall be governed by the provisions of Part III of the Companies Act.

2001, c. 65, s. 8.

CHAPTER IV DUTIES ON PUBLICITY CONTESTS

Not in force

57.1. No publicity contest may be held unless the board issues an authorization to the person for whom the contest is carried on, upon payment of the prescribed duties and examination fees, in the manner and at the time prescribed.

1993, c. 71, s. 39.

Not in force

57.2. The person for whom a publicity contest is carried on must indicate on every document relating to the contest the authorization number assigned by the board.

1993, c. 71, s. 39.

Not in force

57.3. The board may refuse to issue an authorization for a publicity contest or revoke such an authorization if

(1)  the public interest so requires;

(2)  the contest advertising leads contestants to believe, falsely,

(a)  that they have won a prize;

(b)  that they enjoy an advantage over other participants; or

(c)  that they have won a prize whereas they have won only a part or a component of such a prize;

(3)  the person for whom the contest is carried on does not provide all relevant information or document required by the board, or refuses or neglects to comply with a request or order of the board;

(4)  the person for whom the contest is carried on fails to comply with any of the provisions of this Act or the rules.

The board may, in addition, revoke its authorization if it is obtained following false representations.

1993, c. 71, s. 39.

58. A person for whom a publicity contest is carried on in which the total value of the prizes offered exceeds $100 must pay to the board, at the same time as he sends the form provided for in section 59, the following duties:

(a)  10% of the value of a prize offered to contestants from Québec exclusively;

(b)  3% of the value of a prize offered to a group of contestants from Canada exclusively, when that group includes contestants from Québec;

(c)  0.5% of the value of a prize offered to any other group of contestants including contestants from Québec.

1978, c. 36, s. 58.

59. The person contemplated in section 58 must, in addition,

(a)  not less than thirty days before the publicity contest is launched, in the case of a contest in which the total value of the prizes offered exceeds $1,000, or five days in any other case, notify the board that it is being held by sending it the prescribed form duly completed;

(b)  file any relevant information or document that the board may require; and

(c)  comply with all the conditions relating to the publicity contest provided for by the rules.

1978, c. 36, s. 59.

60. The board may, in the cases provided for by the rules, require from a person for whom a publicity contest is carried on, security in the amount fixed by the board, taking into account the value of the prizes offered to Québec contestants in this contest.

1978, c. 36, s. 60.

61. For the purposes of section 58, the value of a prize is that which is advertised in the advertising of the contest; if it is not, it is equal to the total amount that would be charged to a person wishing to obtain, on the Québec market, goods or services identical or similar to that prize.

1978, c. 36, s. 61.

62. For the purposes of section 58, a prize is offered to contestants from Québec exclusively when, interalia,

(a)  the rules or the advertising of a publicity contest clearly indicate that that prize is offered only to a contestant from Québec, that the contest is carried on only in Québec or that it is only for persons residing in Québec;

(b)  the participation form for a publicity contest may be obtained only in Québec; or

(c)  the main part of the commercial interests of the person for whom a publicity contest is carried on are in Québec, even if the advertising of that contest is broadcast outside Québec.

1978, c. 36, s. 62.

63. This chapter does not apply to a publicity contest carried on to promote the commercial interests of a regional periodical from outside Québec or a radio station or television station from outside Québec, even if that periodical is distributed in Québec or that station broadcasts into Québec.

1978, c. 36, s. 63.

CHAPTER V ENFORCEMENT

DIVISION I ACCOUNTING AND CONTROL

§ 1 . — Books, accounts and reports

64. The board may compel the holder of a licence to keep up to date a complete accounting system of the operations and transactions made by him in the exercise of the privileges conferred upon him by his licence.

For these purposes, he must keep at his principal establishment, at his residence or at another place designated by the board, interalia, the registers, books of account and vouchers that the board may require so that it may at any time audit the items and amount of each of the operations and transactions contemplated in the preceding paragraph.

Where the holder of a licence subject to the obligations provided for by the preceding paragraphs does not keep the appropriate registers and books of account, the board may order him to keep the registers and books of account it specifies and he must comply with that obligation.

1978, c. 36, s. 64.

65. The holder of a licence, when the board so requires, must deposit in a trust account the moneys that he collects from the public within the scope of the activities related to his licence.

Those moneys must be used only to pay the expenses incurred by him for those activities and only for the purposes for which the licence was issued to him. A withdrawal from that trust account must be made in conformity with the rules established by the board.

1978, c. 36, s. 65.

66. Any person who is required, under section 64, to keep registers and books of account must preserve them, and the documents and other vouchers necessary for the audit of the information contained in those registers and books of account, until written permission to dispose of them has been obtained from the board.

1978, c. 36, s. 66.

67. The board may require that a person holding a licence or for whom a publicity contest is carried on file with it, in the form and at the time determined by the board, a report of his activities, together with all the information required.

1978, c. 36, s. 67.

§ 2 . — Audit and inquiries

68. A member of the personnel of the board authorized by the president and, at the request of the board, any member of a police force authorized for such purposes by the Minister or any member of the Sûreté du Québec may, for an audit or examination, enter at any reasonable time any place in which registers and books must be kept under this Act, the regulations or the rules or any place where activities for which a licence is prescribed or registration is required under this Act, the regulations or the rules are carried on.

A person acting pursuant to the first paragraph may

(a)  audit or examine the registers, books, accounts, vouchers, letters, telegrams or other documents, and the property, apparatus, equipment, processes or material the audit or examination of which may, in his opinion, help him in determining if this Act, the regulations and the rules are being complied with;

(b)  compel a person found on the premises to give him reasonable assistance in his audit or examination and, for that purpose, to accompany him on the premises;

(c)  if, during an audit or examination, he believes, on reasonable grounds, that an offence against this Act, the regulations or the rules has been or is about to be committed, seize and remove anything mentioned in paragraph a that may be used as evidence of the commission of that offence and, where required, immediately put an end, on the conditions he fixes, to the activity with which that offence is connected.

1978, c. 36, s. 68; 1986, c. 95, s. 184; 1993, c. 39, s. 61.

68.1. To ascertain compliance with this Act, the rules or regulations thereunder or the by-laws adopted under section 13 of the Act respecting the Société des loteries du Québec (chapter S-13.1), a member of the personnel of the board authorized by the president may

(1)  at any reasonable time, enter a State casino or any of its appurtenances and make an inspection;

(2)  at any reasonable time, examine any property found therein which relates to the activities of the State casino;

(3)  at any reasonable time, examine and make copies of the books and other documents which relate to the State casino;

(4)  demand any other information which relates to the application of the provisions of this Act, the rules and regulations thereunder or the by-laws relating to the lottery schemes of State casinos or to video lotteries adopted under section 13 of the Act respecting the Société des loteries du Québec, as well as the production of any relevant document or video tape;

(5)  require any person on the premises to assist him and, to this end, to accompany him on the premises.

1993, c. 39, s. 62.

68.2. Any person authorized to carry out a verification, an examination or an inspection must, if it is so requested, produce a certificate issued by the board which attests to the person’s capacity.

1993, c. 39, s. 62.

69. Where the board, under this Act, terminates a lottery scheme or a publicity contest, it may

(a)  seize the amounts of money collected from the public, the prizes to be awarded and the other property relating to the conduct of that lottery scheme or publicity contest;

(b)  require the payment of the security required under this Act or confiscate the amount deposited as security;

(c)  proceed with a drawing of lots to determine as many winners as that scheme or contest provided for;

(d)  award the prizes seized to the winners; and,

(e)  out of the amounts of money seized and the amount of security paid or confiscated, after deducting the expenses incurred by the board to carry out the preceding measures,

i.  award to each winner who was not able to receive a prize mentioned in paragraph d a prize in money equivalent in value to the prize that should have been awarded to him under that scheme or contest or, if the funds are insufficient, proportionate to the value of that prize; and

ii.  if, in the case of a lottery scheme, any funds remain, pay the expenses incurred to organize and conduct it, up to the percentage of the amounts collected from the public permitted by the rules, and, if there is any remainder, remit it to the individual or agency to whom the licence for that scheme was issued or, at the discretion of the board, to a charitable or religious body; or

iii.  in the case of a publicity contest, if any funds remain, remit them to the person for whom the contest was carried on, or his representative.

1978, c. 36, s. 69.

70. The board may, by a demand that it transmits by registered or certified mail or by personal service, require from the holder of a licence or from a person for whom a publicity contest is carried on, within such reasonable time as it may fix, the filing by registered or certified mail of information, books, letters, accounts, invoices, financial statements or other documents.

The person to whom that demand is made must, within the fixed time, comply with the demand whether or not he has already filed information or documents of such a kind.

1978, c. 36, s. 70.

71. The board or any person authorized by the board or the Minister may inquire into any matter within the scope of this Act, the rules or regulations thereunder or the by-laws relating to the lottery schemes of State casinos or video lotteries adopted under section 13 of the Act respecting the Société des loteries du Québec (chapter S-13.1).

1978, c. 36, s. 71; 1989, c. 9, s. 2; 1993, c. 39, s. 63.

72. A member of the staff of the board or a person designated by the board, and a peace officer that such member of the staff or person calls to his assistance may make a search in accordance with the Code of Penal Procedure (chapter C-25.1).

1978, c. 36, s. 72; 1990, c. 4, s. 548.

73. (Repealed).

1978, c. 36, s. 73; 1986, c. 95, s. 185; 1990, c. 4, s. 549.

73.1. The board shall inform the Société des loteries du Québec of any violation of a provision of this Act, the rules or regulations thereunder or the by-laws adopted under section 13 of the Act respecting the Société des loteries du Québec (chapter S-13.1) relating to the lottery schemes of State casinos or video lotteries and may make any useful recommendation and require that it be informed of the measures taken to remedy the situation.

If no satisfactory measure has been taken within the time fixed by it, the board shall notify the Minister of Public Security and the Minister of Finance in writing.

1993, c. 39, s. 64.

74. Any minute of an inquiry or seizure provided for in section 68 or 71 must be immediately transmitted to the board or the Minister, as the case may be, by the person who made it.

1978, c. 36, s. 74; 1990, c. 4, s. 550; 1993, c. 39, s. 65.

75. Property seized under this Act must be deposited at the head office of the board or at another place designated by the board.

In the case of an amount of money, the board must deposit it in a trust account.

1978, c. 36, s. 75.

76. The board must, upon request, allow the examination of seized property by its owner or by the person who held it at the time of seizure.

1978, c. 36, s. 76.

77. Subject to section 69, property seized under this Act is, once the matter which led to the seizure has been decided, returned to its owner, unless the Court orders its confiscation; however, no book, register, account, voucher or other document may be confiscated.

1978, c. 36, s. 77; 1990, c. 46, s. 39; 1993, c. 39, s. 66.

77.1. Property which has been seized and confiscated shall be delivered to the board.

1993, c. 39, s. 67.

78. With the exception of sums of money, the board disposes, by public sale or destruction, of property that has been confiscated and property which, while not confiscated, has not been claimed within sixty days of the date on which the matter was decided.

1978, c. 36, s. 78.

79. No person may hinder or attempt to hinder in any manner whatsoever a person who performs an act that this subdivision compels or authorizes him to perform.

1978, c. 36, s. 79.

80. (Repealed).

1978, c. 36, s. 80; 1989, c. 9, s. 3; 1993, c. 39, s. 68.

DIVISION II RECOVERY

81. Any duty or other amounts exigible under this Act are debts due to the State; they are recoverable before any competent court or in any manner provided by this Act.

Any sum owing to the State under this Act shall be secured by a legal hypothec on the debtor’s property designated in the notice of registration.

1978, c. 36, s. 81; 1992, c. 57, s. 608; 1993, c. 71, s. 59; 1999, c. 40, s. 170.

82. Where an amount exigible under this Act as duty or interest is not paid, the board may issue a certificate attesting the exigibility of the debt and the amount owing; that certificate is proof of the exigibility of the debt.

This certificate may be issued by the board at any time after the expiry of thirty days after the date that debt becomes exigible. However, if, in the opinion of the board, a debt or attempts to avoid payment of the duties and if the board orders that all duties, including interest, be paid immediately upon assessment, the board may issue that certificate immediately after issuing the order.

When that certificate is filed at the office of the court of competent jurisdiction, the clerk shall enter on the back of the certificate the date of its filing and render judgment in favour of the board for the amount contemplated in the certificate and interest, if any, and costs against the person bound to pay the debt concerned. This judgment is equivalent to a judgment rendered by the competent court and has all the effects thereof.

1978, c. 36, s. 82.

DIVISION III ASSESSMENTS, REFUNDS AND RECOURSES

§ 1 . — Assessments

83. The board may determine or redetermine the amount of the duties and interest under this Act and assess or reassess, as the case may be, any amount that a person owes to the State under this Act or that a person carrying on an activity contemplated in section 34 without holding the prescribed licence should have paid under this Act,

(a)  within four years following the date on which the duties should have been paid; or

(b)  at any time, if the facts have been falsely represented through carelessness or voluntary omission or if fraud has been committed in rendering an account, filing a declaration or report or supplying information under this Act, the regulations or the rules hereunder or if no account has been rendered, no declaration or report has been filed or no information has been supplied under this Act, the regulations or the rules hereunder, provided that in the case of information, the false representation or failure to file could have influenced the determination of the amount contemplated above.

Without restricting the scope of the first paragraph, the board may also redetermine the amount of duties or interest under this Act and reassess within the 12 months following the date of mailing of a notice of first assessment, or of a notice of reassessment, as the case may be.

1978, c. 36, s. 83; 1983, c. 49, s. 30; 1999, c. 40, s. 170.

84. Every person shall, within thirty days following the date of the mailing of a notice of assessment, pay to the board the duties and interest exigible from him and then remaining unpaid, whether or not an objection to or appeal from the assessment is pending.

1978, c. 36, s. 84.

85. For the purposes of this Act, the date of mailing of a notice of assessment under this Act is presumed, in the absence of any contrary provision, to be the date indicated in any such notice, unless it is set aside by the board or any person acting in its name.

1978, c. 36, s. 85; 1999, c. 40, s. 170.

86. When a notice of assessment has been sent by the board, the assessment is deemed to have been made on the day of mailing of the notice of assessment.

1978, c. 36, s. 86.

87. Liability for the duties provided by this Act is not affected by an incorrect or incomplete assessment or by the fact that no assessment has been made.

1978, c. 36, s. 87.

88. An assessment, subject to being varied or vacated on an objection or appeal and subject to a reassessment, is deemed to be valid and binding notwithstanding any error, defect of form or omission therein or in any proceeding relating thereto.

1978, c. 36, s. 88.

§ 2 . — Refunds

89. Where a person has paid, as duties, an amount greater than that which was exigible from him under this Act, the board may refund the excess to such person; the board must make such refund if the person concerned applies therefor within four years following the date on which that excess amount was paid to the board.

1978, c. 36, s. 89.

90. Where the board, by error or on the basis of inaccurate or incomplete information, has refunded to a person an amount greater than that which should have been refunded to him, the board may at any time assess that person the amount of the excess.

1978, c. 36, s. 90.

§ 3 . — Interest

91. Notwithstanding any inconsistent provision, any claim of the board exigible under this Act bears interest at the rate fixed under section 28 of the Act respecting the Ministère du Revenu (chapter M-31).

Where an overpayment by a person is refunded to him, the interest provided for in the first paragraph is paid to him on that amount for the period ending on the day of the refund and commencing,

(a)  in the case of an application for a refund, thirty days after the application;

(b)  in other cases, thirty days after the decision of the board granting the refund.

1978, c. 36, s. 91; 1984, c. 27, s. 74.

§ 4 . — Objections

92. A person who objects to an assessment under this Act may, within 90 days from the day of mailing of the notice of assessment, serve on the board a notice of objection in duplicate in prescribed form setting out the reasons for the objection and all relevant facts.

1978, c. 36, s. 92.

93. A notice of objection under section 92 is served on the board by being sent by registered mail.

1978, c. 36, s. 93.

94. Upon receipt of the notice of objection, the board shall with all due dispatch reconsider the assessment and vacate, confirm or vary the assessment or reassess and make its decision known to the person concerned by sending him a notice by registered mail.

1978, c. 36, s. 94.

95. Section 92 does not apply to the new assessment contemplated in section 94.

1978, c. 36, s. 95.

96. A reassessment made by the board pursuant to section 94 is not invalid by reason only of not having been made within four years from the day of mailing of a notice of an original assessment.

1978, c. 36, s. 96.

97. The board may accept a notice of objection even if such notice was not served in duplicate or on the form prescribed in section 92.

1978, c. 36, s. 97.

§ 5 . — Appeals

98. Where a person has served a notice of objection under section 92, he may appeal to the Court of Québec sitting for the district in which he resides to have the assessment vacated or varied after either

(a)  the board has confirmed the assessment or reassessed, or

(b)  180 days have elapsed after service of the notice of objection and the board has not notified that person that it has vacated or confirmed the assessment or reassessed.

1978, c. 36, s. 98; 1988, c. 21, s. 66.

99. No appeal under section 98 may be instituted after the expiry of 90 days from the day notice has been mailed to the person concerned under section 94 that the board has confirmed the assessment or reassessed.

1978, c. 36, s. 99.

100. An assessment shall not be vacated or varied on appeal by reason only of any irregularity, informality, omission or error on the part of anyone in the observance of any non-peremptory provision of this Act.

1978, c. 36, s. 100.

101. The appeal before the Court of Québec is exercised by a mere motion, three copies of which must be filed in the office of the Court.

Such motion and copies may also be filed by sending them, by registered mail, to the clerk of the Court.

When the three copies of such motion have been filed and the amount of $15 mentioned in section 102 has been paid, the clerk of the Court shall immediately send two copies thereof to the board which shall then send to the clerk without delay copies of all the documents relating to the objection and assessment.

1978, c. 36, s. 101; 1988, c. 21, s. 66.

102. Upon the filing of such motion, the person concerned must pay to the clerk of the Court an amount of $15 and, if his appeal is wholly or partly successful, such amount shall be repaid to him.

The Court cannot compel that person to pay any additional costs.

1978, c. 36, s. 102.

103. The procedure on such appeal is summary. Subject to the other provisions of this subdivision, such appeal and the hearing thereof is subject to the procedure governing ordinary actions before the Court of Québec.

1978, c. 36, s. 103; 1988, c. 21, s. 66.

104. The Court may dismiss the appeal or vacate the assessment, vary it or refer it to the board for reconsideration and reassessment.

1978, c. 36, s. 104.

105. The clerk of the Court shall, within eight days from the decision on the appeal, send a copy of it, by registered mail, to the board and to the person concerned.

A decision of the Court on an appeal is a final judgment of the Court of Québec within the meaning of the Code of Civil Procedure (chapter C-25).

1978, c. 36, s. 105; 1988, c. 21, s. 66.

106. An appeal lies from any final judgment of the Court of Québec rendered under this subdivision.

The appeal is brought, heard and decided in accordance with the rules of the Code of Civil Procedure (chapter C-25), subject to any contrary provision of this subdivision.

Where, upon an appeal brought by the board otherwise than by means of a counter appeal, the amount of the duties which is the subject of the dispute is not more than $500, the Court of Appeal, when deciding on the appeal, shall grant to the respondent the reasonable and justified expenses incurred by him in respect of that appeal.

1978, c. 36, s. 106; 1988, c. 21, s. 66.

107. An appeal brought under this subdivision does not prevent the recovery, according to law, of the duties and interest which are the subject of the recourse.

Payment of the amounts contested under this subdivision is deemed made under protest.

1978, c. 36, s. 107.

108. The deposit of $15 mentioned in section 102 shall be paid into the Consolidated Revenue Fund and reimbursed out of such fund, when required.

The expenses contemplated in section 106 shall be paid out of the Consolidated Revenue Fund.

1978, c. 36, s. 108.

DIVISION IV PROOF

109. Where this Act, the regulations or the rules provide for the mailing of a demand for information or of a notice, proof may be adduced, until proof to the contrary, that this by the affidavit of a member or member of the staff of the board who had personal knowledge of the facts, provided that to such affidavit is annexed the certificate issued for the sending of the document by registered or certified mail or the part of such certificate relating to the particular case and a true copy of the demand for information or notice.

1978, c. 36, s. 109.

110. Where this Act, the regulations or the rules provide for personal service of a demand for information, a notice or any document, the service may be made by the handing of a copy of the proceeding by a member of the staff of the board or by a person generally authorized by it in writing.

The service may be made by handing a copy of the proceeding directly to the person for whom it is intended, wherever he may be; it may be made by leaving a copy at the domicile or ordinary residence of the person for whom it is intended, with a reasonable person residing there.

The member of the staff of the board or the authorized person who has made the service shall prepare an affidavit attesting

(a)  that the demand for information, the notice or document has been served;

(b)  the date and place of the service and the name of the person upon whom service has been made.

That affidavit shall be accepted as proof of personal service of the demand for information, notice or document, until proof to the contrary.

1978, c. 36, s. 110; 1983, c. 49, s. 31.

111. Where this Act, the regulations, the rules or the board oblige a person to file a return, report, statement, answer, certificate or any other document, an affidavit of a member or of a member of the staff of the board attesting that he is entrusted with the appropriate registers and, after making a careful examination of it,

(a)  he was unable to ascertain that the return, report, statement, answer, certificate or other document, as the case may be, was filed by the said person, is proof that no return, report, statement, answer, certificate or any other document, as the case may be, has been filed by such person, until proof the contrary; or

(b)  he has ascertained that the return, report, statement, answer, certificate or other document was filed on a designated day is primafacie proof that the return, report, statement, answer, certificate or other document was filed on the date indicated and not previously.

1978, c. 36, s. 111.

112. An affidavit of a member or a member of the staff of the board attesting that he is entrusted with the appropriate registers and that a document annexed thereto is a document or true copy of a document, made by or on behalf of the board or any other person acting on behalf of the board, or by or on behalf of a person subject to this Act, is proof of the nature and content of the document, until proof to the contrary, and must be allowed as proof and has the same probative force as the original document if its accuracy had been proved in the ordinary manner.

1978, c. 36, s. 112.

113. An affidavit of a member or a member of the staff of the board attesting that he is entrusted with the appropriate registers, that he is familiar with the operation of the board, that an examination of the registers shows that a notice of assessment under this Act was mailed or otherwise communicated to a person subject to this Act, the regulations or the rules, on a designated day, in accordance with this Act, and that after making a careful examination of the registers and having made a search therein, he was unable to ascertain that a notice of objection or appeal respecting the assessment was received within the time prescribed in that respect, is proof of the statements contained therein, until proof the contrary.

1978, c. 36, s. 113; 1999, c. 40, s. 170.

114. In any matter respecting an offence against this Act, the regulations or the rules, an affidavit of a member or member of the staff of the board attesting that he is entrusted with the registers concerned and that consultation of such registers reveals that the board has not received an amount required by this Act to be paid to the board as a duty, must be accepted as proof of such statements, until proof to the contrary.

1978, c. 36, s. 114.

115. When proof is furnished under sections 109 to 114 by an affidavit of a member or member of the staff of the board, it is not necessary to prove his signature or status as a member or member of the staff of the board. Nor is it necessary to prove the signature or the official capacity of the person before whom the affidavit was sworn.

1978, c. 36, s. 115.

116. In any matter respecting an offence against this Act, the regulations or the rules, the filing, by a representative of the board, of a return, report, certificate, statement, answer or any other document, which was filed with or furnished to the board by the person concerned in that matter or on his behalf, or which was made or signed by that person or on his behalf, shall be accepted as proof that such return, report, certificate, statement, answer or any other document was filed or furnished by that person or on his behalf or was made or signed by him or on his behalf, until proof to the contrary.

1978, c. 36, s. 116.

117. In any proceedings in appeal under section 98, the filing of a return, report, certificate, statement, answer or any other document filed or sent to the board by the person concerned or on his behalf, or made or signed by him or in his name, shall be accepted as proof that such return, report, certificate, statement, answer or other document was filed or sent by such person or in his name, or made or signed by him or in his name, until proof to the contrary.

1978, c. 36, s. 117.

118. Any book, register or other document which has been the object of an examination or of which a member of the staff of the board or a person authorized by the board or to whom the board has delegated powers has taken possession, or which has been filed with the board may be copied, photographed or otherwise reproduced and any copy, photocopy or reproduction of such book, register or document, certified by the president or secretary of the board as being a copy, photocopy or reproduction of the original is admissible as evidence.

1978, c. 36, s. 118.

CHAPTER VI REGULATORY POWERS OF THE GOVERNMENT

1993, c. 39, s. 69.

119. The Government may, by regulation,

(a)  prescribe whatever is required to be prescribed by regulation under this Act;

(b)  establish categories of licences according to the activities to be carried on;

(b.1)  determine, where a legal person is required to hold a licence relating to video lotteries, the persons who must also meet the conditions for the issue and maintenance of a licence;

(c)  determine the amount of duties for the issue, modification, maintenance or renewal of a licence or the obtention of an authorization, the fees for the examination of an application for the issue, modification or renewal of a licence or the obtention of an authorization, the fees for the issue of a duplicate and the terms and conditions of payment or reimbursement, which may vary according to the category of licence or authorization, according to factors specified in the regulation or, in the case of a licence relating to video lotteries, according to the number of machines authorized under the licence;

(c.1)  prescribe the fees that a laboratory may charge for an inspection and certification under section 52.15;

(d)  determine, in respect of lottery schemes, the categories of persons who may apply for a licence and the category of licence that a person may obtain;

(e)  fix, notwithstanding subparagraph c, the duties for the issue of a licence in respect of amusement machines where the person applying therefor is a non-profit organization pursuing strictly charitable, religious or educational purposes or purposes beneficial to the community;

(f)  determine, for the purposes of the second paragraph of section 34, the reserves and settlements where the native communities are residing;

(g)  determine, for each game, the minimum rate of return of a video lottery other than a video lottery operated in a State casino.

The Government may also make any regulations it considers expedient for the application and enforcement of this Act.

The regulation under subparagraph g of the first paragraph shall be made on the joint recommendation of the Minister of Public Security and the Minister of Finance.

1978, c. 36, s. 119; 1983, c. 49, s. 32; 1991, c. 75, s. 5; 1993, c. 39, s. 70; 1993, c. 71, s. 46; 1997, c. 54, s. 7; 2001, c. 65, s. 9.

120. The regulations concerning sections 34, 53 and 54 may, once published and if they so provide, apply to a date preceding their publication, but not earlier than the current year.

1978, c. 36, s. 120; 1993, c. 39, s. 71.

CHAPTER VII PENAL PROVISIONS

1992, c. 61, s. 377.

121. Any person who, in the matter of lotteries, publicity contests, amusement machines or video lottery machines, infringes a provision of this Act, of the regulations or of the rules or refuses to comply with an order given under this Act, the regulations or the rules is guilty of an offence and liable to a fine of not less than $50 nor more than $7,000 in the case of a natural person, and not less than $75 nor more than $70,000 in the case of a legal person.

However, in the case of an offence under section 52.1, 52.2 or 52.3, the fine shall not be less than $500 and not more than $50,000; in the case of a second offence, the fine shall not be less than $1,500 and not more than $75,000, and for any subsequent offence, the fine shall not be less than $5,000 and not more than $100,000.

1978, c. 36, s. 121; 1983, c. 49, s. 33; 1986, c. 58, s. 60; 1990, c. 4, s. 551; 1991, c. 33, s. 73; 1993, c. 39, s. 72.

121.0.1. If the court considers it necessary for the purposes of this Act, it may cause any machine required to be registered under this Act to be analysed. The costs of such analysis shall be included in the costs of the proceeding.

1993, c. 39, s. 73; 1996, c. 17, s. 12.

121.0.2. In any prosecution under this Act, the certificate relating to the analysis of any machine required to be registered under this Act signed by an analyst of the laboratory referred to in section 52.15 shall be accepted as proof, until proof to the contrary, of the facts set forth therein and of the authority of the person who signed such certificate, without further evidence of his appointment or of his signature. The costs of such analysis shall also be included in the costs of the proceeding.

1996, c. 17, s. 12.

121.0.3. On the thirtieth day following a conviction for an offence under a provision of this Act or the rules or regulations thereunder, any amusement machines, video lottery machines, accessories thereof, sums of money contained in such machines or gaming materials seized by reason of the offence are confiscated by operation of law, except if a judge, on the application of the defendant or of a third party, decides otherwise.

Except as otherwise provided by this Act, upon a conviction for an offence under a provision of this Act or the regulations or rules thereunder, a judge may, on the application of the prosecuting party, order the confiscation of any sums of money collected from the public, any prizes awarded and any other things connected with the conduct of a lottery scheme or a publicity contest.

1996, c. 17, s. 12.

121.0.4. If the name and the address in Québec of the person at whose establishment or residence or in whose possession the things were seized are not known to the Minister of Public Security or cannot be traced, everything that was seized shall be considered to be confiscated after the expiry of 90 days from the seizure.

1996, c. 17, s. 12.

121.1. (Repealed).

1983, c. 49, s. 33; 1992, c. 61, s. 378.

122. (Repealed).

1978, c. 36, s. 122; 1983, c. 49, s. 33; 1990, c. 4, s. 552; 1990, c. 46, s. 40.

122.1. (Repealed).

1983, c. 49, s. 33; 1990, c. 4, s. 553; 1990, c. 46, s. 40.

122.2. (Repealed).

1983, c. 49, s. 33; 1990, c. 4, s. 554; 1990, c. 46, s. 40.

123. Any person who prescribes or authorizes the commission of an offence, consents thereto or acquiesces or participates therein is a party to the offence and is liable to the same penalty as that prescribed for the person who committed the offence, whether or not the latter has been prosecuted or found guilty.

1978, c. 36, s. 123.

123.1. This chapter does not apply to the Société des loteries du Québec.

1993, c. 39, s. 74.

CHAPTER VIII MISCELLANEOUS PROVISIONS

124. A formula described as a formula prescribed or authorized by the board is deemed a formula prescribed by order of the board except if it is quashed by the board or by any person acting on its behalf.

1978, c. 36, s. 124.

125. This Act replaces Divisions I, II, III, V and VI of the Lotteries and Races Act (1969, chapter 28), sections 83 to 88 and 146 of the Licenses Act (Revised Statutes, 1964, chapter 79) and sections 40 to 44, 51 to 58, 60 and 62 to 64 of the Licenses Act (chapter L-3).

1978, c. 36, s. 125.

126. (Omitted).

1978, c. 36, s. 126.

127. (Omitted).

1978, c. 36, s. 127.

128. The board succeeds to the body contemplated in section 2 of the Lotteries and Races Act (1969, chapter 28) and, for that purpose, acquires the rights and assumes the obligations thereof.

1978, c. 36, s. 128.

129. Section 125 does not invalidate a deed or an operation provided for by the provisions replaced by that section, or by a regulation regarding those provisions; if the provisions of this Act differ, with respect to such a deed or such an operation, from the provisions replaced, that deed or operation remains valid if it is made to conform with the provisions of this Act within the prescribed period.

1978, c. 36, s. 129.

130. The licences issued under the provisions of the Lotteries and Races Act, of the Licenses Act (Revised Statutes, 1964, chapter 79) and of the Licenses Act (chapter L-3) replaced by this Act remain in force until the date when they would have expired under the said provisions and their holders may, until that date, carry out the operations authorized by such licences, subject to the provisions of this Act, or of the regulations or rules, without being required, for such operations, to hold a licence issued under this Act.

1978, c. 36, s. 130.

131. The regulations, orders in council, agreements, understandings and accords made under Divisions I, II, III, V and VI of the Lotteries and Races Act, the Licenses Act (Revised Statutes, 1964, chapter 79) or under the Licenses Act (chapter L-3) with respect to those provisions of the said Acts which are replaced by section 125, remain in force until they are repealed, replaced or amended by regulations, orders in council, agreements, understandings and accords made under this Act.

1978, c. 36, s. 131.

132. In any Act, proclamation, order in council, regulation, contract or document, a reference to any section of Division I, II, III, V or VI of the Lotteries and Races Act or to any provision thereof is a reference to this Act or to the equivalent provision of this Act.

Similarly, any reference to any provision of the Licenses Act (Revised Statutes, 1964, chapter 79) or of the Licenses Act (chapter L-3) replaced by section 125 is a reference to the equivalent provision of this Act.

1978, c. 36, s. 132; 1999, c. 40, s. 170.

133. (Amendment integrated into c. L-3, s. 39.1).

1978, c. 36, s. 133.

134. (Amendment integrated into c. L-3, s. 132).

1978, c. 36, s. 134.

135. Sections 58 and 59 do not apply to a publicity contest launched before 13 April 1979, in the case of a contest for which the total value of the prizes offered exceeds $1,000, or before 19 March 1979 in any other case.

1978, c. 36, s. 135.

136. The amounts collected or confiscated by the board under this Act form part of the Consolidated Revenue Fund.

The amount of a reimbursement made by the board under this Act as well as the interest applied thereto is paid out of the Consolidated Revenue Fund.

1978, c. 36, s. 136.

136.1. Subject to section 37 of the Act respecting the Société des loteries du Québec (chapter S‐13.1), this Act is binding on the Government, Government departments and agencies and mandataries of the State, notwithstanding any other general law or special Act.

1979, c. 20, s. 11; 1990, c. 46, s. 41; 1999, c. 40, s. 170.

136.2. This Act does not apply to the operation of lottery schemes on international cruise ships other than ships engaged in the coasting trade within the meaning of the Coasting Trade Act (Statutes of Canada, 1992, chapter 31).

However, the Government may, by regulation, subject such activity to a permit system and to rules governing the practice of such activity. Where such is the case, the penal provisions of sections 121 and 123 apply, with the necessary modifications.

1996, c. 8, s. 1.

137. The amounts required for the application of this Act are taken out of the Consolidated Revenue Fund for the fiscal year 1978/1979 and, for the subsequent fiscal years, out of the moneys granted every year for that purpose by the Legislature.

1978, c. 36, s. 137.

138. The Minister of Public Security is responsible for the administration of this Act.

1978, c. 36, s. 138; 1993, c. 39, s. 75.

139. (Omitted).

1978, c. 36, s. 139.

140. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 36 of the statutes of 1978, in force on 1 June 1979, is repealed, except section 127, effective from the coming into force of chapter L-6 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 24 to 26, 29, 30, the second paragraph of section 31 and sections 38 to 44, 46, 56, 57, 73 and 125 (part) of chapter 36 of the statutes of 1978, in force on 1 November 1980, are repealed effective from the coming into force of the updating to 1 November 1980 of chapter L-6 of the Revised Statutes.