L-6, r. 12 - Lottery Scheme Rules

À jour au 15 juin 2017

Ce document a valeur officielle.

chapter L-6, r. 12

Lottery Scheme Rules

Act respecting lotteries, publicity contests and amusement machines

(chapter L-6, ss. 20 and 47).

Decision 84-12-14.

DIVISION I LICENCE APPLICATION

O.C. 1076-2014, s. 1.

1. A licence applicant must:

(1)  be a Canadian citizen or landed immigrant or, in the case of a partnership or legal person, have an establishment in Québec;

(2)  be of full age; and

(3)  file, except for drawings, a certificate from the municipality attesting that premises where the lottery scheme is to be conducted may be used as a public place.

Decision 84-12-14, s. 1; Decision 85-05-22, s. 1; M.O. 97-09-29, s. 1.

2. Subject to sections 3 to 5, a licence applicant must provide the following:

(1)  his or her name, address, telephone number and date of birth;

(2)  the name and address of the place where the lottery scheme is to be conducted;

(3)  the time and place of the beginning and of the closing of each lottery scheme;

(4)  a copy, dated and signed, of any contract for the rental, upkeep or use of the premises where the lottery is to be conducted;

(5)  (paragraph revoked);

(6)  the name, address and telephone number of the person conducting and managing the lottery scheme;

(7)  in the case of an organization within the meaning of section 1 of the Lottery Schemes Regulation (chapter L-6, r. 11), the number of members, their ages and the amount of the contribution required to be a member.

Decision 84-12-14, s. 2; Decision 85-02-22, s. 1; Decision 89-10-25, s. 2; Decision 91-03-07, s. 1.

3. An application made by a partnership, association or legal person must also be accompanied by:

(1)  a copy of its letters patent, of its certificate of constitution, of its registration or of a document attesting to its existence;

(2)  a document proving the purposes or goals pursued by the organization; and

(3)  a copy of the resolution authorizing the person to apply.

Decision 84-12-14, s. 3; Decision 89-10-25, s. 3.

4. In the case of an organization, the application must also be accompanied by:

(1)  a detailed description of the purposes or works for which the application is made;

(2)  proof that funds are needed, by producing its most recent financial statements, its budgetary estimates and any other relevant document; and

(3)  a form authorizing the Régie des alcools, des courses et des jeux (board) to verify the special account prescribed in section 21 at the financial institution.

Decision 84-12-14, s. 4; Decision 89-10-25, s. 4; M.O. 98-03-10, s. 1.

4.1. Where the application for a licence for a drawing concerns the 50/50 activity where the value of each prize to be awarded is $5,000 or less, paragraphs 2, 3, 4 and 7 of section 2, section 4, paragraph 3.1 of section 5 and sections 8 and 14 do not apply.

O.C. 1076-2014, s. 2.

4.2. An application for a licence for a drawing concerning the 50/50 activity where the value of each prize to be awarded is $5,000 or less may be made by a group of organizations, in which case the applicant must provide the name and address of the group and the name and address of the organizations it represents.

In addition, the application must be accompanied by a document evidencing the purposes or goals pursued by the group and by the organizations, as well as a copy of the resolution authorizing the person to make the application.

Should the board grant such an application, the licence is issued in the name of the group and is also valid for the organizations forming the group.

O.C. 1076-2014, s. 2.

5. In the following cases a person must also furnish to the board:

(1)  where a wheel of fortune licence is applied for:

(a)  a description of the types of wheels of fortune and the operating rules of each type;

(b)  a photograph of each type of wheel of fortune;

(c)  the number of wheels of fortune and the minimum and maximum bets per wheel of fortune;

(d)  a list of the employees working in the operation including the name, address and date of birth of each employee;

(e)  a copy of the contracts relating to the operation of a wheel of fortune;

(2)  (paragraph revoked);

(3)  where a licence for a drawing, except if the application concerns the 50/50 activity is applied for:

(a)  the maximum number of all chances of participating or of winning;

(b)  the total value of the prizes to be awarded including a brief description and the retail value of each prize;

(c)  a specimen, proof or draft of the ticket or a sample of the item the person intends to sell;

(3.1)  where a licence for a drawing concerning the 50/50 activity is applied for:

(a)  the maximum number of tickets to be sold;

(b)  the total value of the prizes to be awarded and the value of each prize, which must be determined by the maximum number of tickets to be sold for each drawing and be equal to 50% of the revenues from the sale of all the tickets for the drawing, where applicable;

(3.2)  where a licence for a drawing concerning the 50/50 activity is applied for where the value of each prize to be awarded is greater than $5,000, in addition to the information provided for in paragraph 3.1:

(a)  the written authorization of the organizer of the public event concerning the establishment and operation of the 50/50 activity on the premises of and during the event;

(4)  (paragraph revoked);

(5)  where a charity casino licence is applied for:

(a)  a description of the blackjack tables and the types of wheels of fortune as well as the operating rules of each lottery scheme;

(b)  a photograph of the equipment used;

(c)  the number of blackjack tables or wheels of fortune;

(d)  a copy of all the contracts pertaining to the holding of a charity casino;

(e)  the total value of the prizes to be awarded including a brief description and the retail value of each prize;

(6)  for a fund-raising drawing:

(a)  the total value of the prizes to be awarded including a brief description and the retail value of each prize;

(b)  a specimen, proof or draft of the ticket that the person intends to sell to subscribers.

Decision 82-12-14, s. 5; Decision 85-02-22, s. 2; Decision 85-05-22, ss. 2 and 9; Decision 89-10-25, s. 5; Decision 91-03-07, s. 2; M.O. 97-09-29, s. 2; M.O. 98-03-10, s. 2; O.C. 1076-2014, s. 3.

5.1. (Revoked).

Decision 91-03-07, s. 2; M.O. 97-09-29, s. 3.

6. A joint application must be signed by each applicant.

Decision 84-12-14, s. 6.

6.1. The frequency of lottery schemes shall be as follows:

(1)  (paragraph revoked);

(2)  (paragraph revoked);

(3)  for a wheel of fortune licence: one licence for a maximum duration of 15 days for each fair or exhibition.

Decision 89-10-25, s. 6; Decision 91-03-07, s. 3; Decision 92-07-08, s. 1; M.O. 97-09-29, s. 4; M.O. 98-03-10, s. 3.

7. A licence may be issued for several lottery schemes of the same nature, if they are conducted entirely by the same licence holder and for the same purposes.

Decision 84-12-14, s. 7.

8. A licence application may be refused if the applicant has been found guilty of or has pleaded guilty to:

(1)  an offence against the Act respecting lotteries, publicity contests and amusement machines (chapter L-6), against the Lottery Schemes Regulation (chapter L-6, r. 11) or against these Rules within the last 3 years, and for which he has not been granted a pardon;

(2)  an offence punishable on summary conviction pertaining to gaming or betting within the last 3 years, and for which he has not been granted a pardon; or

(3)  an indictable offence involving gaming or betting or under Part IX or X of the Criminal Code (R.S.C. 1985, c. C-46) within the last 5 years.

Decision 84-12-14, s. 8.

9. Except if the application for a licence for a drawing concerns the 50/50 activity, the reasons for refusal provided for in section 8 also apply to employees engaged in the activity for which the licence application is made.

Decision 84-12-14, s. 9; O.C. 1076-2014, s. 4.

10. (Revoked).

Decision 82-12-14, s. 10; Decision 85-05-22, s. 3; M.O. 97-09-29, s. 5.

10.1. (Revoked).

Decision 85-05-22, s. 3; Decision 91-03-07, s. 4.

11. In the case of a drawing held at a reception or benefit dinner, the price of a ticket must not include the amount asked for attending the reception or benefit dinner.

Decision 84-12-14, s. 11.

12. An applicant shall immediately notify the board of any change that may occur in the information prescribed by sections 1, 2, 4 and 5 after the application is filed but before the licence is issued.

Decision 84-12-14, s. 12.

13. After a licence has been issued, no change may be made to a lottery scheme without the prior authorization of the board. The board, when granting such an authorization, may modify the licence already issued. In case of a refusal, it may cancel or revoke the licence.

Decision 84-12-14, s. 13.

14. In the case of an application for a licence for a drawing, for a fund-raising drawing or for a charity casino, security must accompany the application to the board where the applicant offers:

(1)  one or more prizes of a retail value of $1,000 or more each; or

(2)  prizes of a retail value of $20,000 or more.

If the application for a licence for a drawing concerns the 50/50 activity where the value of each prize to be awarded is greater than $5,000, security must be furnished to the board upon request.

Security may also be required by the board when granting a licence to a person who has already been convicted of an offence referred to in section 8.

Decision 84-12-14, s. 14; Decision 91-03-07, s. 5; O.C. 1076-2014, s. 5.

15. Security may be furnished in one of the following manners:

(1)  by filing a letter of guarantee in conformity with the form prescribed by the board; or

(2)  by depositing a sum of money with the board or in a trust account with a financial institution.

Security in the form of money is deposited by the Board with the Bureau général de dépôts pour le Québec.

Decision 84-12-14, s. 15; Decision 89-10-25, s. 8; O.C. 488-2017, s. 8.

16. Where the prizes have not been distributed, the amount of the security may be confiscated and used for distributing the prizes.

In that case, the board shall proceed in accordance with subparagraph ii of paragraph e of section 69 of the Act.

Decision 84-12-14, s. 16.

17. The documents filed with the board with respect to a licence application and the licences issued by the board remain the property of the board.

Decision 84-12-14, s. 17.

DIVISION II STANDARDS FOR THE USE OF LICENCES

O.C. 1076-2014, s. 6.

§ 1 . — Miscellaneous

O.C. 1076-2014, s. 6.

18. A licence issued for a lottery scheme must be posted in full view of the public taking part.

In the case of a drawing, the licence must be posted in the place where the lottery schemes are conducted.

Decision 84-12-14, s. 18; Decision 85-05-22, s. 4; M.O. 97-09-29, s. 6.

18.1. An organization holding a licence must display, in full view of the public taking part, the charitable or religious objects or purposes for which the licence was issued.

The first paragraph does not apply to the holder of a licence for a drawing authorizing the 50/50 activity where the value of each prize to be awarded is $5,000 or less.

Decision 89-10-25, s. 10; O.C. 1076-2014, s. 7.

19. A licence holder:

(1)  shall post the rules concerning participation in the lottery scheme and its operation in full view of the participating public; however, in the case of a drawing, the licence holder must inform the participating public of the location where the rules can be consulted;

(2)  may not change the rules concerning participation in a lottery scheme or its operation after it has been put into place.

The first paragraph does not apply to the holder of a licence for a drawing authorizing the 50/50 activity where the value of each prize to be awarded is $5,000 or less.

Decision 84-12-14, s. 19; Decision 85-02-22, s. 3; Decision 85-05-22, s. 5; Decision 91-03-07, s. 6; M.O. 97-09-29, s. 7; O.C. 1076-2014, s. 8.

20. Where a licence is suspended or revoked, its holder shall return it to the board as soon as the board informs him of its decision.

Decision 84-12-14, s. 20.

21. The funds collected by an organization during the conduct of a lottery scheme, other than prize payout funds, must:

(1)  be kept by the organization in a separate account for the purpose;

(2)  be withdrawn only by cheques on which the purpose of the withdrawal complying with section 22 is entered;

(3)  be the object of separate book-keeping;

(4)  be used for charitable or religious objects or purposes in Québec, in the year in which the licence is issued.

The first paragraph does not apply to the holder of a licence for a drawing authorizing the 50/50 activity where the value of each prize to be awarded is $5,000 or less.

Decision 84-12-14, s. 21; Decision 89-10-25, s. 12; Decision 91-03-07, s. 7; M.O. 98-03-10, s. 4; O.C. 1076-2014, s. 9.

22. The profit from the conduct and management of a lottery scheme by an organization must be used for the objects or purposes for which the licence was issued.

Decision 84-12-14, s. 22; Decision 91-03-07, s. 8; M.O. 98-03-10, s. 5.

23. The total value of all prizes awarded during a lottery scheme must correspond to the total value of the prizes specified on the licence.

Decision 84-12-14, s. 23.

24. (Revoked).

Decision 84-12-14, s. 24; Decision 89-10-25, s. 13; M.O. 97-09-29, s. 8.

24.1. (Revoked).

Decision 89-10-25, s. 13; Decision 91-03-07, s. 9; M.O. 97-09-29, s. 8.

24.2. (Revoked).

Decision 91-10-21, s. 1; M.O. 97-09-29, s. 8.

25. (Revoked).

Decision 84-12-14, s. 25; Decision 89-10-25, s. 13; Erratum, 1989 G.O. 2, 4603; Decision 91-03-07, s. 10; M.O. 97-09-29, s. 8.

25.01. (Revoked).

Decision 91-03-07, s. 10; M.O. 97-09-29, s. 8.

25.1. Where a prize is awarded in the form of merchandise, a holder of a licence for a drawing must ensure that the value of the prize to be awarded is equal to the total amount that a person would have to pay to purchase an identical or similar item or service in Québec, even if the prize was awarded free of charge or sold at a discount.

Decision 89-10-25, s. 13; Decision 91-03-07, s. 11; M.O. 98-03-10, s. 6.

26. In the case of a blackjack table, a licence holder must not allow a player to place more than one bet at a time, except when the rules of the scheme allow a player to make 2 separate hands with the first 2 cards if such cards are a pair.

Decision 84-12-14, s. 26; Decision 91-03-07, s. 12.

26.1. The holder of a wheel of fortune licence must ensure that the tables are identified with the value of their minimum and maximum bets and that the values are not changed for the duration of the period covered by the licence.

Decision 89-10-25, s. 14; Decision 91-03-07, s. 13; M.O. 98-03-10, s. 7.

27. Each prize must be determined in advance and in no case may be based on a percentage of the profit, except in the case of a 50/50, in which case the value of each prize must be equal to 50% of the revenues from the sale of all the tickets for the drawing.

Decision 84-12-14, s. 27; Decision 85-05-22, s. 10; O.C. 1076-2014, s. 10.

28. Except in the case of a 50/50, the holder of a licence for a drawing must ensure that at least 10% of the gross profit from a lottery scheme are used for the purchase of prizes distributed to the public taking part, excluding the value of promotional prizes.

Decision 84-12-14, s. 28; Decision 85-05-22, s. 10; Decision 89-10-25, s. 15; M.O. 97-09-29, s. 9; O.C. 1076-2014, s. 11.

29. The percentage of the net profit from a lottery scheme may not be less than:

(1)  (paragraph revoked);

(1.1)  (paragraph revoked);

(1.2)  30% for a charity casino;

(2)  50% for a drawing, except in the case of a 50/50, in which case it may not be less than 35%.

Decision 84-12-14, s. 29; Decision 85-05-22, s. 10; Decision 89-10-25, s. 16; Decision 91-03-07, s. 14; M.O. 95-12-18, s. 1; M.O. 97-09-29, s. 10; O.C. 1076-2014, s. 12.

30. In the case of a drawing or a charity casino, the licence holder is authorized to spend not more than 15% of the gross profit on payment of the scheme’s administration expenses.

Decision 84-12-14, s. 30; Decision 85-05-22, s. 10; Decision 89-10-25, s. 17; Decision 91-03-07, s. 15; Decision 91-10-21, s. 2; M.O. 95-12-18, s. 2; M.O. 97-09-29, s. 11.

31. The cost for the rental, upkeep or use of the premises where a lottery scheme is to be conducted or of the equipment used for a charity casino must be a fixed price; it must not be based on a percentage of the profit, an admission charge, a per capita contribution or any kind of interest in the profit.

Decision 84-12-14, s. 31; Decision 85-05-22, s. 10; Decision 91-03-07, s. 16; M.O. 97-09-29, s. 12.

32. Where an organization conducts a lottery scheme on premises it owns or occupies for purposes other than for solely conducting its lottery scheme, it may include only the expenses directly pertaining to the use and upkeep of the premises for the purposes of the lottery scheme in the administrative costs of the premises.

Decision 84-12-14, s. 32.

33. The transportation expenses of the participants in a lottery scheme may not be paid by or for the holder of a licence for the lottery scheme.

Decision 84-12-14, s. 33; Decision 89-10-25, s. 18.

34. A lottery scheme for the benefit of an organization may be conducted and managed only by a member of that organization.

The member of the organization conducting and managing a lottery scheme may not be remunerated for that work.

The remuneration of any other person employed in the conduct and management of a lottery scheme must be fixed and may not be determined on the basis of a percentage of the lottery scheme’s profits.

Decision 84-12-14, s. 34; Decision 91-03-07, s. 17.

34.1. A holder of a charity casino licence who conducts and manages a charity casino on leased commercial premises may in no manner whatsoever hire the lessor of the premises, his representative or any of his employees to conduct and manage the charity casino.

Decision 91-03-07, s. 17; M.O. 97-09-29, s. 13.

35. (Revoked).

Decision 84-12-14, s. 35; Decision 89-10-25, s. 19; M.O. 97-09-29, s. 14.

36. (Revoked).

Decision 84-12-14, s. 36; Decision 85-05-22, s. 6; M.O. 97-09-29, s. 14.

36.1. (Revoked).

Decision 85-05-22, s. 6; Decision 86-08-26, s. 1; Decision 89-10-25, s. 21; M.O. 97-09-29, s. 14.

36.2. (Revoked).

Decision 85-05-22, s. 6; Decision 86-08-26, s. 2; M.O. 97-09-29, s. 14.

36.3. (Revoked).

Decision 85-05-22, s. 6; Decision 86-08-26, s. 3; M.O. 97-09-29, s. 14.

36.4. (Revoked).

Decision 85-05-22, s. 6; M.O. 97-09-29, s. 14.

37. A person working in the conduct and management of a charity casino may not participate therein unless his work ends before the charity casino begins.

Decision 84-12-14, s. 37; Decision 89-10-25, s. 25; Decision 91-03-07, s. 18; M.O. 97-09-29, s. 15.

38. Drawings must be public and be held before at least 3 witnesses.

Decision 84-12-14, s. 38.

39. Lottery schemes must not be accumulated.

Decision 84-12-14, s. 39.

40. The holder of a licence issued under section 4 of the Lottery Schemes Regulation (chapter L-6, r. 11) is authorized to advertise a lottery scheme on the condition that the advertising expenses are included in the expenses provided for in section 30.

All advertising must bear the name of the licence holder and the number of the licence issued by the board.

Only the licence holder is authorized to publicize or advertise the lottery scheme.

Decision 84-12-14, s. 40; Decision 89-10-25, s. 26; Decision 91-03-07, s. 19.

§ 2 . — 50/50

O.C. 1076-2014, s. 13.

40.1. The licence for a drawing authorizing the 50/50 activity may only be issued to an organization within the meaning of section 1 of the Lottery Schemes Regulation (chapter L-6, r. 11) and may not be used during a bingo event or a bingo day governed by the Regulation respecting bingo (chapter L-6, r. 4) and the Bingo Rules (chapter L-6, r. 5).

O.C. 1076-2014, s. 13.

40.2. Each prize won in a 50/50 must be an amount of money that may be given in the form of cash or cheque or by any other means recognized by financial institutions in Québec.

O.C. 1076-2014, s. 13.

40.3. A 50/50 ticket is a winning ticket where the detachable part of the ticket given to the purchaser has the same number or identifier as the ticket that has been drawn and that appears on the other detachable part of the ticket kept by the licence holder.

O.C. 1076-2014, s. 13.

40.4. To be declared a winning and valid ticket, the 50/50 ticket must be intact and must not have been modified, altered, reconstituted or counterfeited in any manner whatsoever.

In the case of a 50/50 where the value of the prize to be awarded is greater than $5,000, the ticket must be signed by the winning player.

O.C. 1076-2014, s. 13.

40.5. Each prize in a 50/50 is determined and announced to the participants after the sale of tickets has ceased and the sale of tickets must end at least 10 minutes before the drawing.

A person who holds a 50/50 winning ticket must be present at the drawing and must claim the prize not later than 15 minutes after the number or identifier on the winning ticket has been called. Otherwise, the licence holder must randomly draw another ticket until the prize is awarded.

The first and second paragraphs do not apply in the case of a 50/50 where the value of the prize to be awarded is $5,000 or less.

O.C. 1076-2014, s. 13.

40.6. In the case of a 50/50 where the value of the prize to be awarded is greater than $5,000, the drawing must be an activity complementary to the public event for which the licence has been issued.

Such drawing may only take place during a social, cultural, educational or sporting public event. The licence holder must also have been authorized to establish and operate the drawing by the organizer of the event on the premises of and during the event, if applicable.

O.C. 1076-2014, s. 13.

40.7. When a 50/50 where the value of the prize to be awarded is greater than $5,000 is not drawn within 15 minutes after the time at which it is supposed to be drawn, the licence holder must inform the participating public of the time to which the drawing is postponed. The postponement of a 50/50 must occur while the public event for which the licence was issued takes place.

O.C. 1076-2014, s. 13.

DIVISION III TYPES OF TICKETS

O.C. 1076-2014, s. 13.

41. A licence for a drawing , unless it is issued for the 50/50 activity, authorizes its holder to sell:

(1)  tickets for a drawing where the purchasers are entitled to take part in a drawing of lots for various prizes; the tickets must be composed of at least 2 parts bearing the same number and must consist of:

(a)  a stub, which must be retained by the holder of the licence for a drawing and which bears the purchaser’s name, address and telephone number as well as the number of the licence issued by the board for the drawing and the same sequential number as that appearing on the detachable part;

(b)  a detachable part, which must be given to the purchaser and which must contain the following information:

i.  the name of the person for whose benefit the drawing is held;

ii.  the order in which the prizes are to be drawn;

iii.  a list of the prizes and the retail value of each prize;

iv.  the number of tickets printed and the numbers of the first and last tickets;

v.  the sequential number;

vi.  the licence number;

vii.  the selling price of each ticket;

viii.  the place, date and time of the drawing;

ix.  the place where the prizes must be claimed;

x.  the time within which the prize must be claimed following the date of the end of the drawing;

(2)  tickets for a drawing, where some tickets entitle the purchaser to win an instant prize and to take part in a drawing of lots for various other prizes; the tickets must consist of at least 2 parts bearing the same number and containing what is prescribed by subparagraphs a and b of paragraph 1;

(3)  tickets for a drawing, where the purchaser is entitled to win an instant prize and where the tickets must not be sold other than on the date and at the place specified on the licence; the tickets must consist of a single part containing:

i.  the name of the person for whom the drawing is being held;

ii.  a list of the prizes and the retail value of each prize;

iii.  the number of tickets printed, indicating the first and last numbers;

iv.  the serial number;

v.  the licence number;

vi.  the selling price of each ticket;

vii.  the place where the prizes must be claimed;

viii.  the procedure for claiming instant prizes;

ix.  the deadline for claiming prizes;

x.  the period during which tickets are sold;

xi.  the place where tickets may be purchased;

(4)  (paragraph revoked);

(5)  manufactured items, some of which entitle the purchaser:

(a)  to win an instant prize, provided that the items are accompanied by an advertising leaflet specifying:

i.  the name of the person for whom the drawing is being held;

ii.  a list of the prizes and the retail value of each prize;

iii.  the number of manufactured items;

iv.  the serial number;

v.  the licence number;

vi.  the selling price of each item;

vii.  the place, date and time of the drawing;

viii.  the place where the stubs must be deposited;

ix.  the place where the prizes may be claimed;

x.  the procedure for participation in the drawing of lots;

xi.  the time within which the prize must be claimed following the date of the end of the drawing;

(b)  to participate in a drawing of lots for the awarding of various prizes, provided that the items are accompanied by a stub specifying:

i.  the name of the person for whom the drawing is being held;

ii.  the order in which the prizes will be drawn;

iii.  a list of the prizes and the value of each prize;

iv.  the number of manufactured items;

v.  the serial number;

vi.  the licence number;

vii.  the selling price of each item;

viii.  the place, date and time of the drawing;

ix.  the place where the stubs must be deposited;

x.  the place where the prizes may be claimed;

xi.  the procedure for participation in the drawing of lots;

xii.  the time within which the prize must be claimed following the date of the end of the drawing.

Decision 84-12-14, s. 41; Decision 85-02-22, s. 4; Decision 89-10-25, s. 26; Decision 91-03-07, s. 20; Decision 91-10-21, s. 3; Erratum, 1991 G.O. 2, 4971; M.O. 97-09-29, s. 16; O.C. 1076-2014, s. 14.

41.1. The holder of a licence for a fund-raising drawing who uses an electronic medium to advertise for a radiothon or a telethon must give each contributor who makes a donation for charitable or religious objects or purposes, for each set amount, a ticket entitling the contributor to participate in a drawing of lots for a prize, on the condition that the advertising for the fund-raising drawing specifies:

(1)  the licence number;

(2)  a list of the prizes;

(3)  the place where the prizes may be claimed;

(4)  the time within which the prize must be claimed following the date of the end of the drawing.

Decision 91-03-07, s. 21; Decision 91-10-21, s. 4.

41.2. The holder of a charity casino licence must give each subscriber, for each such amount, a fixed sum of phoney money to be used as the only money accepted at blackjack tables or at wheels of fortune and exchanged for draw tickets or for the right to purchase merchandise in an auction or sale.

The admission ticket and the phoney money must show:

(a)  the number of the licence issued by the board for that charity casino;

(b)  the name of the organization which benefits from the charity casino.

Decision 91-03-07, s. 21.

41.3. A licence for a drawing that is issued for the 50/50 activity authorizes its holder to sell tickets where the purchasers take part in a drawing of lots for a prize.

The tickets must be composed of at least 2 parts bearing the same number or identifier.

O.C. 1076-2014, s. 15.

41.4. Except in the case of a 50/50 where the value of the prize to be awarded is $5,000 or less, the tickets must indicate the name of the holder and the holder’s licence number.

The stub must be retained by the licence holder. The detachable part must be given to the purchaser and must indicate

(1)  the selling price of the ticket; and

(2)  the time, place and date of the drawing.

O.C. 1076-2014, s. 15.

41.5. Where the licence for a drawing authorizes its holder to establish and operate more than one 50/50 on the same date and where the value of each prize to be awarded is greater than $5,000, the licence holder must use tickets that are distinguishable by their colour or their serial number.

O.C. 1076-2014, s. 15.

42. Within 30 days from the date on which a licence for a drawing is issued, the applicant must forward to the board the certificate completed by the printer or by the manufacturer, whichever applies, on the form prescribed by the board, attesting to the quantity and serial numbering of the tickets printed or items manufactured along with a specimen of a draw ticket or of the item offered.

The first paragraph does not apply if the licence is issued for the 50/50 activity.

Decision 84-12-14, s. 42; Decision 85-02-22, s. 5; Decision 91-03-07, s. 22; O.C. 1076-2014, s. 16.

DIVISION IV CONDITIONS FOR THE SALE OF TICKETS

O.C. 1076-2014, s. 17.

§ 1 . — Miscellaneous

O.C. 1076-2014, s. 17.

43. It is prohibited:

(1)  to offer tickets or items offered for sale before the licence is issued by the board; and

(2)  to sell a ticket for a value other than that indicated on it or items whose value differs from the value stated in the accompanying advertising leaflet.

Decision 84-12-14, s. 43; Decision 91-03-07, s. 23.

§ 2 . — 50/50

O.C. 1076-2014, s. 18.

43.1. Tickets for a 50/50 must be sold by a natural person, who must give them directly to the purchaser.

O.C. 1076-2014, s. 18.

43.2. In the case of a 50/50 where the value of the prize to be awarded is greater than $5,000, the tickets must be sold while the public event for which the licence was issued takes place and at the price indicated on the detachable part.

O.C. 1076-2014, s. 18.

43.3. The sale of the 50/50 tickets and the related drawing must take place on the same day.

O.C. 1076-2014, s. 18.

44. (Revoked).

Decision 84-12-14, s. 44; Decision 85-05-22, s. 7; Decision 89-10-25, s. 27; Decision 91-03-07, s. 24; M.O. 97-09-29, s. 17.

DIVISION V STATEMENT OF PROFIT AND REPORT ON USE OF PROFITS

O.C. 1076-2014, s. 19.

45. A holder of a licence for a drawing, unless the licence authorizes the 50/50 activity, must prepare and keep a statement of gross and net profit on the form prescribed by the board.

He must send a copy of the statement to the board when applying for a new licence or not later than 60 days following the date set for the awarding of prizes.

The statement must contain the following information:

(1)  the number of tickets printed or items manufactured;

(2)  the number of tickets or items sold;

(3)  the selling price of a ticket or item;

(4)  the total proceeds from the sale of tickets or items;

(5)  the total value of prizes awarded;

(6)  the actual cost of each prize awarded, as well as supporting vouchers;

(7)  the total value of the prizes claimed;

(8)  the administration expenses related to the drawing;

(9)  the profit or loss from the drawing;

(10)  the name and address of each winner of a prize valued at $100 or more;

(11)  an attestation that all prizes offered were awarded, or if not, the reasons why they were not awarded.

Decision 84-12-14, s. 45; Decision 85-02-22, s. 6; Decision 89-10-25, s. 27; Decision 91-03-07, s. 25; O.C. 1076-2014, s. 20.

45.1. The holder of a licence for a fund-raising drawing must prepare and keep a statement of gross and net profit on the form prescribed by the board.

The holder must send a copy of the statement to the board within 60 days following the date fixed for the awarding of the prizes.

The statement must contain:

(1)  the price fixed for a draw ticket;

(2)  the number of tickets sold to subscribers;

(3)  the total proceeds from ticket sales;

(4)  the total value of the prizes awarded;

(5)  the actual cost of each prize awarded, and supporting vouchers;

(6)  the total value of the prizes claimed;

(7)  the administration expenses related to the drawing;

(8)  the profit or loss from the drawing;

(9)  the name and address of each winner of a prize valued at $100 or more;

(10)  an attestation that all prizes offered were awarded, or if not, the reasons why they were not awarded.

Decision 91-03-07, s. 26.

45.2. The holder of a charity casino licence must prepare and keep a statement of gross and net profit on the form prescribed by the board.

The holder must send a copy of the statement to the board within 60 days following the date of expiry of the licence.

The statement must contain:

(1)  the minimum amount required to be entitled to participate in the charity casino;

(2)  the number of tickets sold where there is a drawing following the casino;

(3)  the total proceeds from ticket sales;

(4)  the total value of the prizes awarded;

(5)  the actual cost of each prize, and supporting vouchers;

(6)  the total value of the prizes claimed;

(7)  the administration expenses related to the drawing;

(8)  the profit or loss from the drawing;

(9)  the name and address of each winner of a prize valued at $100 or more;

(10)  an attestation that all prizes offered were awarded, or if not, the reasons why they were not awarded.

Decision 91-03-07, s. 26.

45.3. The holder of a licence for a drawing authorizing the 50/50 activity where the value of each prize to be awarded is greater than $5,000 must prepare and keep a statement of gross and net profit. The licence holder must send a copy of the statement to the board not later than 60 days following the expiry date of the holder’s licence or when applying for a new licence.

The statement must include, for each drawing,

(1)  the time, place and date of the drawing;

(2)  the number of tickets printed;

(3)  the number of tickets sold;

(4)  the selling price of the tickets;

(5)  the total proceeds from the sale of tickets;

(6)  the value of the prize awarded;

(7)  the administration expenses related to the drawing;

(8)  the profit or loss from the drawing;

(9)  the name and address of the winner of the prize;

(10)  an attestation that the prize was awarded, or if not, the reasons why a prize was not awarded.

If more than one 50/50 takes place on the same date, the statement must indicate the colour or serial number of the tickets used for each drawing.

O.C. 1076-2014, s. 21.

46. A wheel of fortune licence holder must prepare and keep a statement of gross and net profit on the form prescribed by the board for each wheel of fortune.

The operator of a concession leased from the board of a fair or exhibition must send a copy of the statement to the board within 60 days following the date of expiry of the licence.

The board of a fair or exhibition must send a copy of its statement to the board within 90 days following the date of expiry of the licence.

The board of a fair or exhibition and the operator of a concession leased from the board of a fair or exhibition must ensure that their statements are audited by a member of the professional order of accountants governed by the Professional Code (chapter C-26) independent from the licence holder, and that the statements are accompanied by a certificate of audit drawn up by that member.

Decision 84-12-14, s. 46; Decision 85-05-22, s. 8; Decision 89-10-25, s. 27; Decision 91-03-07, s. 27; M.O. 98-03-10, s. 8.

47. (Revoked).

Decision 84-12-14, s. 47; Decision 91-03-07, s. 28.

47.1. An organization holding a licence for a drawing authorizing the 50/50 activity must, upon request by the board, demonstrate that the profits made in conducting and managing the activity have been used for the purposes for which the licence was issued.

Any other organization holding a licence must file a report on the use of the profits not later than 120 days following the date of expiry of the licence or when applying for a new licence.

Decision 89-10-25, s. 28; M.O. 98-03-10, s. 9; O.C. 1076-2014, s. 22.

48. (Revoked).

Decision 84-12-14, s. 48; Decision 91-03-07, s. 28.

49. (Revoked).

Decision 84-12,14, s. 49; Decision 91-03-07, s. 28.

50. (Revoked).

Decision 84-12-14, s. 50; Decision 89-10-25, s. 29; M.O. 97-09-29, s. 17.

51. (Omitted).

Decision 84-12-14, s. 51.

REFERENCES

Decision 84-12-14, 1985 G.O. 2, 24

Decision 85-02-22, 1985 G.O. 2, 1115

Decision 85-05-22, 1985 G.O. 2, 1830

Decision 86-08-26, 1986 G.O. 2, 2339

Decision 89-10-25, 1989 G.O. 2, 4081 and 4603

Decision 91-03-07, 1991 G.O. 2, 1655

Decision 91-10-21, 1991 G.O. 2, 4279 and 4971

Decision 92-07-08, 1992 G.O. 2, 4034

M.O. 95-12-18, 1996 G.O. 2, 286

M.O. 97-09-29, 1997 G.O. 2, 5129

M.O. 98-03-10, 1998 G.O. 2, 1622

S.Q. 2012, c. 11, s. 32

O.C. 1076-2014, 2014 G.O. 2, 2780

O.C. 488-2017, 2017 G.O. 2, 1429