R-6.1 - Act respecting the Régie des alcools, des courses et des jeux

À jour au 1^er octobre 2000

Ce document a valeur officielle.

chapter R-6.1

Act respecting the Régie des alcools, des courses et des jeux

CHAPTER I INSTITUTION AND OPERATION

1. A board, known as the Régie des alcools, des courses et des jeux, is hereby established.

1993, c. 39, s. 1.

2. The board is responsible for the carrying out of the Act respecting racing (chapter C-72.1), the Act respecting lotteries, publicity contests and amusement machines (chapter L-6), the Act respecting liquor permits (chapter P-9.1), Chapter V of the Act respecting safety in sports (chapter S-3.1) and Division III of the Act respecting the Société des alcools du Québec (chapter S-13).

It shall supervise the application of the regulations relating to the lottery schemes of State casinos or to video lotteries enacted under the Act respecting the Société des loteries du Québec (chapter S-13.1).

It shall advise the Minister of Public Security on any matter concerning the social impact of, and security measures necessitated by, the activities falling within the scope of the said Acts and regulations, and may hold public hearings for that purpose.

1993, c. 39, s. 2; 1993, c. 71, s. 1; 1997, c. 79, s. 45.

3. The board shall consist of thirteen commissioners, including a president and not more than two vice-presidents, appointed by the Government for a term not exceeding five years.

1993, c. 39, s. 3.

4. Where so required for the proper dispatch of the business of the board, the Government may appoint one or more supernumerary commissioners for a term not exceeding three years.

1993, c. 39, s. 4.

5. The president is responsible for the administration and general direction of the board.

1993, c. 39, s. 5.

6. If the president is absent or unable to act, the vice-president or, where there are two vice-presidents, the vice-president designated by the president or, failing that, by the Minister shall act as president for the interim. If the office of president is vacant, the vice-president, or where there are two vice-presidents, the vice-president designated by the Minister shall act as president for the interim.

If the president cannot be so replaced owing to the fact that the vice-presidents are both absent or unable to act or that both offices of vice-president are vacant, the Government may appoint another commissioner who shall act as president or appoint an acting commissioner.

1993, c. 39, s. 6.

7. A commissioner may, with the permission of the president, continue the examination of matters referred to him and make a decision, notwithstanding the expiry of his term.

1993, c. 39, s. 7; 1997, c. 43, s. 566.

8. The Government shall fix the remuneration, fringe benefits and other terms of employment of the commissioners.

Once fixed, the remuneration of a commissioner may not be reduced.

1993, c. 39, s. 8.

9. No commissioner may, on pain of forfeiture of office, perform any duty, pursue any activity or place himself in any situation that is incompatible with the duties of his office.

1993, c. 39, s. 9.

10. No commissioner may, on pain of forfeiture of office, have any direct or indirect interest in an enterprise causing his personal interest to conflict with that of the board. However, forfeiture is not incurred where such an interest devolves to him by succession or gift, provided that he renounces or disposes of it with diligence.

1993, c. 39, s. 10.

11. No commissioner, member of the personnel of the board, person authorized or designated by the board or by its president or person authorized to carry out a verification, inspection or inquiry or to certify machines pursuant to the Acts coming under the responsibility of the board, may, personally or through a third person, take part in a race wager, lottery scheme, publicity contest, game or other activity governed by those Acts.

However, such prohibition does not apply in the case of a lottery scheme conducted and managed by the Société des loteries du Québec unless it is a casino lottery scheme or a video lottery.

1993, c. 39, s. 11; 1997, c. 79, s. 46.

12. The secretary and other members of the personnel of the board, with the exception of those referred to in the second paragraph of section 48 of the Act respecting racing (chapter C-72.1), shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

1993, c. 39, s. 12; 2000, c. 8, s. 242.

13. The board, the commissioners, the members of the personnel of the board, the persons authorized or designated by the board or its president, the persons authorized to act in matters of verification or inspection and racing judges or paddock judges to whom the board has delegated powers may not be prosecuted by reason of an official act accomplished in good faith in the performance of their duties.

1993, c. 39, s. 13; 1997, c. 79, s. 47.

14. The board shall have its head office and two offices at the places determined by the Government, the head office, at which shall be located one of the offices, being located in the territory of the Communauté urbaine de Québec.

Unless otherwise decided by the Government, one of the offices shall serve the territory formed by the judicial districts under the jurisdiction of the Court of Appeal sitting at Montréal, and the other the territory formed by the judicial districts under the jurisdiction of the Court of Appeal sitting at Québec.

Notice of the location and of any change in location of the head office or an office, and of any change in the territory served by an office, shall be published in the Gazette officielle du Québec.

1993, c. 39, s. 14.

15. The board may sit at any place in Québec.

Seven commissioners constitute a quorum at plenary sessions of the board.

Such a session shall be presided over by the president or a vice-president or, in their absence, by the commissioner designated by the president.

In the case of a tie, the person presiding over the session shall have a casting vote.

1993, c. 39, s. 15.

16. Rules for internal management may be adopted by the board in plenary session. Such rules shall be submitted to the Government for approval.

1993, c. 39, s. 16.

17. The minutes of the sittings of the board approved by it and signed by the president, the secretary, or any other person designated by the board are authentic. The same rule applies to documents or copies emanating from the board or forming part of its records and copies of such documents, if they are signed or certified true by the president, the secretary or any other person designated by the board.

1993, c. 39, s. 17.

18. No act, document or writing is binding upon the board, or may be attributed to it, unless it is signed by the president, a vice-president, the secretary or a commissioner or a personnel member designated by the board and only, in the last two cases, to the extent determined by the Government.

The Government may, on the conditions and for the documents it determines, allow the required signature to be affixed by means of an automatic device. It may also allow a facsimile of such signature to be engraved, lithographed or printed on such documents.

1993, c. 39, s. 18; 1993, c. 71, s. 2.

19. The board shall keep, at each of its offices, for the territory served by the office,

(1)  a register of the licence applications, licences and registration attestations under the Act respecting racing (chapter C-72.1);

(2)  a register of the property and information referred to in section 87 of the said Act;

(3)  a register of the licence and authorization applications made under the Act respecting lotteries, publicity contests and amusement machines (chapter L-6);

(4)  a register of applications for permits and authorizations and for permits and authorizations provided for in the Act respecting liquor permits (chapter P-9.1).

The registers shall be public and open for consultation during office hours.

The board shall also keep, for the purposes of the Act respecting liquor permits, records relating to all permits in force and to every application for a permit regarding which no decision has been made.

1993, c. 39, s. 19; 1993, c. 71, s. 3; 1997, c. 51, s. 53.

20. The fiscal year of the board shall end on 31 March.

1993, c. 39, s. 20.

21. The board shall forward to the Minister, not later than 30 September, a report of its activities for the preceding fiscal year.

The Minister shall table the report before the National Assembly within 60 days of receiving it or, if the National Assembly is not sitting, within 30 days of resumption.

1993, c. 39, s. 21.

22. The president of the board must provide the Minister with any other report, information or document relating to the board’s activities that the Minister requires.

1993, c. 39, s. 22.

CHAPTER II FUNCTIONS AND POWERS

23. In the pursuit of its mission, the board shall exercise functions which include

(1)  issuing, suspending, cancelling or revoking the permits, licences, authorizations and registration attestations prescribed under any of the Acts coming under the board’s responsibility, subject to the second paragraph of section 34 of the Act respecting lotteries, publicity contests and amusement machines (chapter L-6);

(2)  establishing the conditions attached to such permits and licences and monitoring their use;

(3)  regulating and supervising horse racing, racehorse breeding and training, the operation of horse racing betting houses and, where so authorized by the Government, any other race;

(4)  regulating and supervising publicity contests, amusement machines, video lotteries, State casinos and the lottery schemes operated in those casinos and, where so authorized by the Government, any other lottery schemes not operated by the Société des loteries du Québec;

(5)  seeing to the protection and safety of the public during activities governed by the Act respecting racing (chapter C-72.1) or the Act respecting lotteries, publicity contests and amusement machines;

(5.1)  regulating professional combat sports, maintaining the good reputation of those sports and ensuring the safety and integrity of participants and spectators, subject to section 46.2.7 of the Act respecting safety in sports (chapter S-3.1);

(6)  monitoring advertising and educational programs relating to alcoholic beverages and to activities governed by the Act respecting racing and the Act respecting lotteries, publicity contests and amusement machines.

1993, c. 39, s. 23; 1997, c. 79, s. 48; 1999, c. 53, s. 14.

24. For the purposes of its functions, the board may, according to law, enter into agreements with a government other than that of Québec, a department of such a government, an international organization, an agency of such a government or organization, or any other person.

For the same purpose it may, in addition, with the authorization of the Minister, enter into an agreement with a department or agency of the Gouvernement du Québec.

1993, c. 39, s. 24.

25. The board has exclusive jurisdiction

(1)  to decide any matter concerning the permits, licences, authorizations and registrations prescribed under any of the Acts coming under the board’s responsibility, subject to the second paragraph of section 34 of the Act respecting lotteries, publicity contests and amusement machines (chapter L-6);

(2)  to settle a dispute between a person participating in a publicity contest and the person or body for whose benefit the contest is being held, between a person utilizing an amusement machine or video lottery machine and the holder of the licence relating to that machine, or between a person participating in another lottery scheme and the holder of the licence relating to that scheme, in respect of the organization and conduct of, or awarding of prizes under, a lottery scheme, the organization and conduct of a publicity contest and the mode of operation of an amusement machine;

(3)  to settle any dispute between the organizer of a bingo game and the person or body for whose benefit the bingo game is organized, with respect to the organization, conduct or apportionment of the profits of a bingo game;

(4)  to review, in the cases referred to in sections 53 and 54 of the Act respecting racing (chapter C-72.1), any decision made by a racing judge or a paddock judge, and to render the decision that in its judgment should have been rendered in the first place;

(5)  in cases of rule violation determined under subparagraph 1 of the first paragraph of section 103 of the Act respecting racing, to withdraw or disqualify a horse from a race or set it back in the order of finish, refuse its entry in a race or invalidate an offer to purchase a horse having taken part in a race;

(6)  in cases of rule violation determined under subparagraph 21 of the first paragraph of section 103 of the Act respecting racing, to impose an administrative measure on a person who organizes, holds or takes part in an activity governed by the Act respecting racing or the holder of a registration attestation issued under section 81 of the said Act, and to confiscate any amount deposited as security;

(7)  to determine and collect the costs prescribed for the examination of any matter submitted to it.

Not in force

Subparagraphs 1, 2 and 3 of the first paragraph apply subject to the second paragraph of section 34 of the Act respecting lotteries, publicity contests and amusement machines.

1993, c. 39, s. 25; 1993, c. 71, s. 5; 1997, c. 43, s. 567.

25.1. Where a dispute arises concerning the awarding of prizes under a publicity contest between a person participating therein and the person or body for whose benefit the contest is held, any such person or body may request the intervention of the board so that it may endeavour to bring them to resolve the dispute.

One commissioner or a member of the personnel designated by the president may act, in such a case, in the name of the board.

1997, c. 43, s. 568.

26. The decisions of the board shall be made in plenary session, by a panel of at least two commissioners, or, in the cases provided for in sections 28 and 29, by a commissioner or a member of the personnel designated by the president.

1993, c. 39, s. 26; 1993, c. 71, s. 6; 1997, c. 43, s. 569.

27. Decisions must be made in plenary session or by a panel of commissioners designated by the president, of whom one shall be an advocate where

(1)  public interest, public security or public tranquility may be at risk in the application of an Act administered by the board;

(2)  the board is making a review of a decision under the last paragraph of section 29 or under section 37 or of a decision of a racing judge or paddock judge under section 53 or 54 of the Act respecting racing (chapter C-72.1).

In the case of a tie, the matter before the panel shall be referred to the president so that he may refer it to another panel.

1993, c. 39, s. 27; 1993, c. 71, s. 7; 1997, c. 51, s. 54; 1997, c. 43, s. 570.

28. One commissioner may, in the name of the board, decide

(1)  any question of procedure;

(2)  cases and applications presented under an Act administered by the board, except cases and applications involving public interest, public security or public tranquility;

(3)  (paragraph replaced).

One commissioner may also ascertain the revocation of a permit, a licence or a registration by operation of law.

1993, c. 39, s. 28; 1993, c. 71, s. 8; 1997, c. 51, s. 55; 1997, c. 43, s. 571.

29. A member of the personnel of the board may, in the name of the board, decide alone

(1)  applications presented under the Act respecting racing (chapter C-72.1), the Act respecting lotteries, publicity contests and amusement machines (chapter L-6) or the Act respecting the Société des alcools du Québec (chapter S-13), except applications involving public interest, public security or public tranquility;

(2)  applications presented under the Act respecting liquor permits (chapter P-9.1) for reunion permits, grocery permits or cider seller’s permits, for raw materials and equipment wholesaler’s or retailer’s permits or for voluntary revocation or discontinuance, and applications referred to in paragraph 4 of section 97 of the said Act;

(3)  any other permit application under the Act respecting liquor permits where, in accordance with the fifth paragraph of section 50 of that Act, the board is not called upon to take the public interest, public security or public tranquility into consideration;

(4)  applications for temporary authorization to use a permit, or the renewal thereof, presented under the Act respecting liquor permits, except in the cases provided for in the fourth paragraph of section 79 of that Act.

The member may also ascertain the revocation of a permit, licence or registration by operation of law.

However, upon ascertaining that he would be exercising discretionary powers, the member of the board’s personnel must refer the case to the president in order that it be decided in plenary session, by a panel or by a commissioner alone, as the case may be.

In addition, the president may, at any time, withdraw a case from the member of the board’s personnel in order that it be decided in such a manner.

Furthermore, where the person whose application is denied so requests, the case shall be reviewed by the board.

1993, c. 39, s. 29; 1993, c. 71, s. 9; 1997, c. 51, s. 56; 1997, c. 43, s. 572.

30. The board, the commissioners, members of the board’s personnel designated under section 29 and the persons authorized to make inquiries are vested with the powers and immunity of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37) except the power to order imprisonment.

1993, c. 39, s. 30.

31. The board may adopt rules of procedure applicable to the conduct of the matters submitted to it or to a racing judge or paddock judge to whom it has delegated powers. The board may also prescribe costs in respect of the conduct of such matters.

Every rule shall be submitted to the Government for approval.

1993, c. 39, s. 31; 1993, c. 71, s. 10; 1997, c. 43, s. 573; 1999, c. 20, s. 4.

32. In the absence of provisions applicable to a particular case, the board may substitute any measure compatible with the applicable Act and the rules of procedure of the board.

1993, c. 39, s. 32; 1997, c. 43, s. 574; 1999, c. 20, s. 4.

32.1. Before refusing to renew, suspending, cancelling or revoking a permit, licence, authorization or registration, imposing conditions for use, confiscating security or making an order, the board shall, unless otherwise provided by law, notify the person concerned in writing as provided in section 5 of the Act respecting administrative justice (chapter J-3) and allow the person at least 20 days to present observations and to file an application to meet, alone or accompanied, with the board. The notice must be accompanied with a copy of the documents upon which it is based.

The board may suspend a permit, licence, authorization or registration without being subject to such prior obligations where, in its opinion, the continuance of the activities concerned may endanger the life or health of persons or cause serious or irreparable damage to property.

1997, c. 51, s. 57; 1997, c. 79, s. 49; 1999, c. 20, s. 5.

32.2. (Repealed).

1997, c. 51, s. 57; 1997, c. 79, s. 50; 1999, c. 20, s. 6.

32.3. The board may require that, to present observations and produce documents, an association of persons referred to in section 36.2 of the Act respecting lotteries, publicity contests and amusement machines (chapter L-6) or in section 99 of the Act respecting liquor permits (chapter P-9.1) establish its representativeness.

1997, c. 51, s. 57.

32.4. (Repealed).

1997, c. 51, s. 57; 1999, c. 20, s. 7.

33. (Repealed).

1993, c. 39, s. 33; 1997, c. 51, s. 58; 1997, c. 79, s. 51; 1999, c. 20, s. 8.

34. In order to safeguard the rights of the persons concerned by a matter submitted to it, the board may forbid or order any person to perform an act which, in its opinion, should or should not be performed before the matter has been decided.

1993, c. 39, s. 34; 1997, c. 43, s. 575.

35. (Repealed).

1993, c. 39, s. 35; 1993, c. 39, s. 112; 1997, c. 51, s. 59.

36. Each final decision of the board in a case shall be in writing and include the reasons on which it is based.

The decision shall be signed by the persons who rendered it and shall form part of the board’s records.

1993, c. 39, s. 36.

37. Subject to any contrary provision of law, the board may review or revoke any decision it has rendered and in respect of which no appeal has been brought before the Administrative Tribunal of Québec

(1)  when a new fact is discovered which, if it had been known in due time, might have justified a different decision;

(2)  where the applicant or an interested party was unable, for reasons considered sufficient, to present observations;

(3)  where a substantive or procedural defect is likely to invalidate the decision.

In cases to which subparagraph 3 of the first paragraph applies, the decision must be reviewed or revoked by a person other than the person who rendered it.

The board shall review a decision referred to in the second paragraph of section 32.1 if the person concerned applies therefor within 10 days of notification. The board shall, in such a case, proceed expeditiously and may suspend execution of the decision.

1993, c. 39, s. 37; 1997, c. 51, s. 60; 1997, c. 43, s. 576.

38. No decision of the board shall be nullified for a defect of form.

If it contains an error in writing or computation or any other clerical error or if, as a result of manifest oversight, it grants more than what was applied for or omits to rule on part of the application, it may be rectified with no further formality by the persons who rendered it, as may a decision by a racing judge or paddock judge to whom powers are delegated by the board.

1993, c. 39, s. 38.

39. A copy of the decision of the board shall be transmitted to the persons concerned.

The decision is executory once the persons concerned have received a copy of it or from the time indicated therein, provided that the persons concerned have previously received a copy or that they have been otherwise notified. In cases of suspension or revocation of a permit or authorization issued under the Act respecting liquor permits (chapter P-9.1), notification of the decision may be made to any reasonable person working in the establishment to which the permit applies.

However, a decision terminating a matter, in respect of which no proceeding has been brought before the Administrative Tribunal of Québec that orders the payment of a sum of money or prohibits or orders the performance of an act must be filed in the office of the clerk of the Superior Court or the office of the clerk of the Court of Québec of the judicial district of the place where the matter originated according to their respective jurisdictions, taking into account the amount involved. The decision may then be executed as a final and non appealable judgment of the Superior Court or the Court of Québec, as the case may be, and shall have all the effects thereof.

1993, c. 39, s. 39; 1997, c. 51, s. 61; 1997, c. 43, s. 577; 1999, c. 20, s. 9.

40. Except in respect of a matter of jurisdiction, none of the remedy under article 33 of the Code of Civil Procedure (chapter C-25) or extraordinary recourse within the meaning of that Code may be exercised and no injunction may be granted against the board, a commissioner, a member of the board’s personnel designated pursuant to section 29 or a racing judge or paddock judge to whom powers are delegated by the board, acting in their official capacity.

A judge of the Court of Appeal may, upon a motion, annul summarily any decision rendered or order or injunction pronounced contrary to the first paragraph.

1993, c. 39, s. 40; 1997, c. 43, s. 578.

CHAPTER II.1 PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

1997, c. 43, s. 579.

40.1. Any person concerned by a decision of the board terminating a matter may, within 30 days of notification of the decision, contest the decision before the Administrative Tribunal of Québec.

1997, c. 43, s. 579.

40.2. When assessing the facts or the law, the Tribunal may not substitute its assessment of the public interest, public safety or public tranquility for the assessment thereof made by the board before making its decision pursuant to the Act respecting racing (chapter C-72.1), the Act respecting lotteries, publicity contests and amusement machines (chapter L-6) or the Act respecting liquor permits (chapter P-9.1).

1997, c. 43, s. 579.

CHAPTER III AMENDING PROVISIONS

ACT RESPECTING RACING

41. (Omitted).

1993, c. 39, s. 41.

42. (Amendment integrated into c. C-72.1, s. 52).

1993, c. 39, s. 42.

43. (Omitted).

1993, c. 39, s. 43.

44. (Amendment integrated into c. C-72.1, ss. 86 and 89).

1993, c. 39, s. 44.

45. (Amendment integrated into c. C-72.1, s. 101).

1993, c. 39, s. 45.

46. (Amendment integrated into c. C-72.1, s. 103).

1993, c. 39, s. 46.

47. (Amendment integrated into c. C-72.1, s. 144).

1993, c. 39, s. 47.

ACT RESPECTING LOTTERIES, PUBLICITY CONTESTS AND AMUSEMENT MACHINES

48. (Amendment integrated into c. L-6, s. 1).

1993, c. 39, s. 48.

49. (Amendment integrated into c. L-6, Chapter II (heading), Division I, Division II and s. 19).

1993, c. 39, s. 49.

50. (Amendment integrated into c. L-6, s. 20).

1993, c. 39, s. 50.

51. (Amendment integrated into c. L-6, ss. 20.1 and 20.2).

1993, c. 39, s. 51.

52. (Omitted).

1993, c. 39, s. 52.

53. (Amendment integrated into c. L-6, s. 34).

1993, c. 39, s. 53.

54. (Amendment integrated into c. L-6, ss. 36.1 and 36.2).

1993, c. 39, s. 54.

55. (Omitted).

1993, c. 39, s. 55.

56. (Amendment integrated into c. L-6, Division I.1, ss. 52.1-52.9, Division I.2 and ss. 52.10-52.14).

1993, c. 39, s. 56.

57. (Amendment integrated into c. L-6, Division II of Chapter III – heading).

1993, c. 39, s. 57.

58. (Amendment integrated into c. L-6, s. 52.15).

1993, c. 39, s. 58.

59. (Amendment integrated into c. L-6, s. 54).

1993, c. 39, s. 59.

60. (Amendment integrated into c. L-6, s. 55).

1993, c. 39, s. 60.

61. (Amendment integrated into c. L-6, s. 68).

1993, c. 39, s. 61.

62. (Amendment integrated into c. L-6, ss. 68.1 and 68.2).

1993, c. 39, s. 62.

63. (Amendment integrated into c. L-6, s. 71).

1993, c. 39, s. 63.

64. (Amendment integrated into c. L-6, s. 73.1).

1993, c. 39, s. 64.

65. (Amendment integrated into c. L-6, s. 74).

1993, c. 39, s. 65.

66. (Amendment integrated into c. L-6, s. 77).

1993, c. 39, s. 66.

67. (Amendment integrated into c. L-6, s. 77.1).

1993, c. 39, s. 67.

68. (Omitted).

1993, c. 39, s. 68.

69. (Amendment integrated into c. L-6, Chapter VI – heading).

1993, c. 39, s. 69.

70. (Amendment integrated into c. L-6, s. 119).

1993, c. 39, s. 70.

71. (Amendment integrated into c. L-6, s. 120).

1993, c. 39, s. 71.

72. (Amendment integrated into c. L-6, s. 121).

1993, c. 39, s. 72.

73. (Amendment integrated into c. L-6, s. 121.0.1).

1993, c. 39, s. 73.

74. (Amendment integrated into c. L-6, s. 123.1).

1993, c. 39, s. 74.

75. (Amendment integrated into c. L-6, s. 138).

1993, c. 39, s. 75.

ACT RESPECTING THE MINISTÈRE DE L’AGRICULTURE, DES PÊCHERIES ET DE L’ALIMENTATION

76. (Amendment integrated into c. M-14, s. 2).

1993, c. 39, s. 76.

ACT RESPECTING LIQUOR PERMITS

77. (Omitted).

1993, c. 39, s. 77.

78. (Amendment integrated into c. P-9.1, s. 24.1).

1993, c. 39, s. 78.

79. (Omitted).

1993, c. 39, s. 79.

80. (Amendment integrated into c. P-9.1, s. 77.0.1).

1993, c. 39, s. 80.

81. (Omitted).

1993, c. 39, s. 81.

82. (Amendment integrated into c. P-9.1, s. 108).

1993, c. 39, s. 82.

83. (Omitted).

1993, c. 39, s. 83.

84. (Amendment integrated into c. P-9.1, s. 114).

1993, c. 39, s. 84.

85. (Omitted).

1993, c. 39, s. 85.

ACT RESPECTING THE SOCIÉTÉ DES ALCOOLS DU QUÉBEC

86. (Amendment integrated into c. S-13, s. 30.2).

1993, c. 39, s. 86.

87. (Amendment integrated into c. S-13, s. 35).

1993, c. 39, s. 87.

ACT RESPECTING THE SOCIÉTÉ DES LOTERIES DU QUÉBEC

88. (Amendment integrated into c. S-13.1, s. 13).

1993, c. 39, s. 88.

89. (Amendment integrated into c. S-13.1, s. 13.1).

1993, c. 39, s. 89.

90. (Amendment integrated into c. S-13.1, s. 15).

1993, c. 39, s. 90.

91. (Amendment integrated into c. S-13.1, s. 16).

1993, c. 39, s. 91.

92. (Amendment integrated into c. S-13.1, s. 17).

1993, c. 39, s. 92.

93. (Amendment integrated into c. S-13.1, s. 24).

1993, c. 39, s. 93.

94. (Amendment integrated into c. S-13.1, s. 37).

1993, c. 39, s. 94.

95. (Omitted).

1993, c. 39, s. 95.

CHAPTER IV TRANSITIONAL AND FINAL PROVISIONS

96. This Act is binding upon the Government, its departments, and its bodies or agencies.

1993, c. 39, s. 96.

97. The Régie des alcools, des courses et des jeux, established by this Act and referred to as the board, acquires the rights and assumes the obligations of the Régie des loteries du Québec established by the Act respecting lotteries, publicity contests and amusement machines (chapter L-6) and of the Régie des permis d’alcool du Québec established by the Act respecting liquor permits (chapter P-9.1). The board also acquires the rights and assumes the obligations of the Commission des courses du Québec established by the Act respecting racing (chapter C-72.1), except the rights and obligations relating to the promotion of and assistance to the horse racing and racehorse training industry which are assigned to the Minister of Agriculture, Fisheries and Food.

1993, c. 39, s. 97.

98. The plans, programs and projects designed to promote the horse racing or racehorse training industry devised by the Commission des courses du Québec pursuant to section 37 of the Act respecting racing (chapter C-72.1) are deemed to have been devised by the Minister of Agriculture, Fisheries and Food.

1993, c. 39, s. 98.

99. The purses, subsidies, loans or advances granted by the Commission des courses du Québec, the premiums, allowances or indemnities paid by it, and the improvement, development and equipment work carried out or commissioned by it under section 37 of the Act respecting racing (chapter C-72.1) are deemed to have been granted, paid, or carried out or commissioned by the Minister of Agriculture, Fisheries and Food.

1993, c. 39, s. 99.

100. The licences, permits, amendments to permits, authorizations, registrations and certificates granted by an abolished body pursuant to its constituting Act shall remain in force as if they had been issued by the Régie des alcools, des courses et des jeux.

The registrations and attestations made or issued by the Commission des courses du Québec pursuant to its constituting Act are deemed to have been made or issued by the Régie des alcools, des courses et des jeux.

1993, c. 39, s. 100; 1993, c. 71, s. 11.

101. Any provision of a rule or a regulation made by an abolished body is, to the extent that it is compatible with this Act, a provision of a rule or a regulation made by the Régie des alcools, des courses et des jeux.

1993, c. 39, s. 101.

102. Matters of which the hearing has begun on 14 July 1993 before any of the abolished bodies shall be continued before the Régie des alcools, des courses et des jeux.

1993, c. 39, s. 102.

103. The powers delegated to a racing judge or paddock judge on 27 October 1993 are deemed to have been delegated to that judge by the Régie des alcools, des courses et des jeux.

The decisions of racing judges or paddock judges rendered under the Act respecting racing (chapter C-72.1) before 27 October 1993 may be reviewed according to law.

1993, c. 39, s. 103.

104. The secretary and members of the personnel employed by the Régie des permis d’alcool du Québec and the secretary and members of the staff employed by the Régie des loteries du Québec on 14 July 1993 shall become, to the extent determined by the Government, members of the personnel of the Régie des alcools, des courses et des jeux without further formality. The same applies to the secretary and members of the personnel employed by the Commission des courses du Québec on 27 October 1993 except members of the personnel working in fields relating to the promotion of or assistance to the horse racing or racehorse training industry, who shall become, to the extent determined by the Government, members of the personnel of the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation without further formality.

1993, c. 39, s. 104.

105. Notwithstanding section 3, the members of the Régie des loteries du Québec and the Régie des permis d’alcool du Québec whose terms of office have not expired on 14 July 1993 shall become, for the remainder of their terms of office, commissioners of the Régie des alcools, des courses et des jeux.

Notwithstanding section 3, the members of the Commission des courses du Québec whose terms of office have not expired on 14 July 1993 shall become, on that date and for the unexpired portion of their terms, commissioners of the Régie des alcools, des courses et des jeux.

The Government may designate, from among these persons, the president and not more than two vice-presidents.

1993, c. 39, s. 105.

106. The records and documents of each abolished body shall become the records and documents of the Régie des alcools, des courses et des jeux, except those relating to the promotion of and assistance to the horse racing or racehorse training industry which shall become the records and documents of the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation.

1993, c. 39, s. 106.

107. Proceedings to which the Régie des loteries du Québec or the Régie des permis d’alcool du Québec is a party shall be transferred, without continuance of suit, to the Régie des alcools, des courses et des jeux.

1993, c. 39, s. 107.

108. Proceedings to which the Commission des courses du Québec, or a racing judge or paddock judge to whom it has delegated powers, is a party shall be transferred, without continuance of suit, to the Régie des alcools, des courses et des jeux.

Proceedings relating to the promotion of the horse racing or racehorse training industry to which the Commission des courses du Québec is a party shall be transferred, without continuance of suit, to the Minister of Agriculture, Fisheries and Food.

1993, c. 39, s. 108.

109. The registers kept for the purposes of section 16 of the Act respecting racing (chapter C-72.1) and section 37 of the Act respecting lotteries, publicity contests and amusement machines (chapter L-6) shall become the registers of the Régie des alcools, des courses et des jeux.

1993, c. 39, s. 109.

110. The sums of money put at the disposal of the Régie des loteries du Québec and the Régie des permis d’alcool du Québec shall, for the 1993-94 fiscal year, be transferred to the Régie des alcools, des courses et des jeux to the extent and in the manner determined by the Government. The same applies to the sums of money put at the disposal of the Commission des courses du Québec, except those relating to the promotion of and assistance to the horse racing and racehorse training industry, which shall be transferred to the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation to the extent and in the manner determined by the Government.

The other amounts required for the carrying out of this Act shall be taken, for the same fiscal year, out of the Consolidated Revenue Fund to the extent determined by the Government.

1993, c. 39, s. 110.

111. Any form described as being a form prescribed or authorized by one of the abolished bodies is deemed to be a form prescribed by the Régie des alcools, des courses et des jeux, except in the case of a form relating to promotion and assistance activities for the horse racing and racehorse training industry, which is deemed to be a form of the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation.

1993, c. 39, s. 111.

112. (Amendment integrated into c. R-6.1, s. 35).

1993, c. 39, s. 112.

113. (Amendment integrated into c. L-6, s. 36.2).

1993, c. 39, s. 113.

114. The following rules, by-laws and regulations may be made without a draft version being published in the Gazette officielle du Québec, and may come into force from the date of their publication in the Gazette officielle du Québec:

(1)  the first rule made prior to 12 October 1993 by the Régie des alcools, des courses et des jeux for each of the matters covered in sections 20.1 and 20.2 of the Act respecting lotteries, publicity contests and amusement machines (chapter L-6), enacted by section 51 of this Act;

(2)  the first by-law relating to the lottery schemes of State casinos or to video lotteries made prior to 12 October 1993 by the Société des loteries du Québec pursuant to section 13 of its constituting Act as amended by section 88 of this Act;

(3)  the first regulation made prior to 12 October 1993 by the Government in respect of, on the one hand, the video lottery licences referred to in subparagraph c of the first paragraph of section 119 of the Act respecting lotteries, publicity contests and amusement machines amended by section 70 of this Act, and, on the other hand, each of the matters referred to in subparagraphs b.1, c.1 and g of the first paragraph of the said section 119, enacted by the aforementioned section 70.

1993, c. 39, s. 114.

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

1993, c. 39, s. 115.

116. The provisions of this Act apply in matters of racing from the date or dates determined by the Government.

1993, c. 39, s. 116.

117. (Omitted).

1993, c. 39, s. 117.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 39 of the statutes of 1993, in force on 1 September 1993, is repealed, except sections 95 and 117, effective from the coming into force of chapter R-6.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), paragraph 3 of section 23, paragraphs 4 to 6 of section 25, sections 41 to 47, 76, 98, 99, the second paragraph of section 100, sections 103, 108, 112 and 113 of chapter 39 of the statutes of 1993, in force on 1 September 1994, are repealed effective from the coming into force of the updating to 1 September 1994 of chapter R-6.1 of the Revised Statutes.