L-6, r. 11.1 - Lottery Scheme Regulation

À jour au 11 avril 2024

Ce document a valeur officielle.

chapter L-6, r. 11.1

Lottery Scheme Regulation

Act respecting lotteries and amusement machines

(chapter L-6, s. 119, 1st par., subpars. a, b, c and d, and 2nd par.).

DIVISION I DEFINITIONS

O.C. 1476-2022, Div. I.

1. In this Regulation,

“card” means a printed card used in the context of an instant lottery or a manufactured object accompanied by a medium that contains the same information as a card; (carte)

“charitable purposes” means purposes intended to relieve suffering or poverty and those intended to promote education or achieve any other objective favourable to the population in the fields of culture, the arts, sports or community interests; (fins charitables)

“drawing” means a drawing with a fixed prize, a drawing whose prize is determined based on the percentage of gross revenues such as a 50/50, a progressive drawing such as chase the ace, or a mixed drawing that combines more than one type of drawing; (tirage)

“electronic drawing” means a drawing that uses an electronic scheme to sell tickets, choose a winner or award a prize; (tirage électronique)

“electronic scheme” means a computer, device, machine or computer platform used to establish or operate an electronic drawing that does not constitute a video lottery machine within the meaning of the Act respecting lotteries and amusement machines (chapter L-6); (système électronique)

“fair or exhibition” means a fair or exhibition within the meaning of subsection 3.1 of section 206 of the Criminal Code (R.S.C. 1985, c. C-46); (foire ou exposition)

“instant lottery” means a lottery scheme in which a card contains sufficient information, in itself, to determine if the holder is entitled to a prize; (loterie instantanée)

“organization” means a partnership, association or non-profit legal person engaged in charitable or religious purposes; (organisme)

“religious purposes” means purposes intended to promote a religious doctrine; (fins religieuses)

“ticket” means a regular ticket or a simplified ticket used in the context of a drawing, or a manufactured object accompanied by a medium that contains the same information as a ticket; (billet)

“umbrella organization” means an organization designated to act as representative for a group of organizations engaged in similar charitable or religious purposes. (organisme-cadre)

O.C. 1476-2022, s. 1; O.C. 437-2024, s. 1.

DIVISION II LICENCES

O.C. 1476-2022, Div. II.

§ 1 . — Lottery schemes licence

O.C. 1476-2022, Sd. 1.

2. A licence is prescribed to conduct and manage the following lottery schemes:

(1)  drawings;

(2)  instant lotteries;

(3)  charity casinos;

(4)  wheels of fortune;

(5)  lotteries at a public place of amusement;

O.C. 1476-2022, s. 2; O.C. 437-2024, s. 2.

2.1. The categories of lottery scheme licences are the following:

(1)  class A;

(2)  class B; and

(3)  class C.

A class A lottery scheme licence enables the holder to conduct and manage one or more of the lottery schemes referred to in subparagraphs 1 to 4 of the first paragraph of section 2 and authorizes the holder to collect, for the conduct and management of the lottery schemes, a gross annual income of $20,000 or less.

A class B lottery scheme licence enables the holder to conduct and manage one or more of the lottery schemes referred to in subparagraphs 1 to 4 of the first paragraph of section 2 and authorizes the holder to collect, for the conduct and management of the lottery schemes, a gross annual income of more than $20,000.

A class C lottery scheme licence enables the holder to conduct and manage a lottery scheme referred to in subparagraph 5 of section 2 and authorizes the holder to collect, for the conduct and management of the lottery scheme, a gross annual income of $5,000 or less.

O.C. 437-2024, s. 3.

2.2. Only a class B lottery scheme licence can be issued for the purpose of conducting and administering an electronic drawing.

O.C. 437-2024, s. 3.

3. An organization may apply for a class A or class B lottery scheme licence to conduct and manage the following lottery schemes:

(1)  drawings;

(2)  instant lotteries;

(3)  charity casinos.

An umbrella organization may apply for a class A lottery scheme licence for the conduct and management by organizations of the lottery schemes referred to in the first paragraph. The licence may include only one of those lottery schemes.

O.C. 1476-2022, s. 3; O.C. 437-2024, s. 4.

3.1. The board of a fair or exhibition may apply for a class A or class B lottery scheme licence to conduct and manage, at a fair or exhibition it organizes, the following lottery schemes:

(1)  drawings;

(2)  instant lotteries;

(3)  wheels of fortune.

The operator of a concession leased from the board of a fair or exhibition may apply for a class A or class B lottery scheme licence to conduct and manage a wheel of fortune during the fair or exhibition.

O.C. 437-2024, s. 4.

3.2. A natural person or a non-profit legal person may apply for a class C lottery scheme licence to conduct and manage a lottery at a public place of amusement.

O.C. 437-2024, s. 4.

4. (Revoked).

O.C. 1476-2022, s. 4; O.C. 437-2024, s. 5.

§ 2 . — Electronic schemes supplier licence

O.C. 1476-2022, Sd. 2.

5. An electronic schemes supplier licence is prescribed to provide an organization with an electronic scheme used in the context of a drawing.

O.C. 1476-2022, s. 5.

DIVISION III PAYABLE DUTIES AND FEES

O.C. 1476-2022, Div. III.

6. The examination fees for any application for a licence are $31.75.

The fees are not refundable.

O.C. 1476-2022, s. 6; O.C. 437-2024, s. 6.

6.1. The duties payable for a class A lottery scheme licence are $15 per lottery scheme.

The duties are payable upon applying for a licence or for the addition of a lottery scheme.

In the case of an application for a licence made on behalf of a group of organizations, the fees must be paid by each organization that is part of the group, including the umbrella organization if it is applying to conduct and administer a lottery scheme itself.

O.C. 437-2024, s. 6.

6.2. The duties payable for a class B lottery scheme licence are the following:

(1)  for a drawing, subject to section 7, a payable duty representing 0.9% of the total selling price of the tickets estimated by the applicant;

(2)  for an instant lottery, a payable duty representing 0.9% of the total selling price of the instant lottery cards;

(3)  for a charity casino, a payable duty of $50 per day;

(4)  for a wheel of fortune, a payable duty of $50 per day.

The duties are payable upon applying for a licence or for the addition of a lottery scheme.

Despite the first and second paragraphs, for a progressive drawing, a payable duty representing 0.9% of the total selling price of the tickets must be sent to the Régie des alcools, des courses et des jeux every quarter as of the first drawing.

O.C. 437-2024, s. 6.

7. In the case of a class B licence to conduct and manage a drawing, where the revenues from the sale of tickets for all drawings under the licence exceed 10% of the total selling price of the tickets estimated at the time of the application, the holder is required to pay a duty representing 0.9% of the excess amount. The payment of duties must accompany the copy of the statement sent to the board pursuant to section 75 of the draft Lottery Schemes Rules (chapter L-6, r. 12.1).

O.C. 1476-2022, s. 7; O.C. 437-2024, s. 7.

8. The duties payable for the issue of an electronic schemes supplier licence are $225.

O.C. 1476-2022, s. 8; O.C. 437-2024, s. 8.

9. The board will reimburse the duties paid under sections 6.1 and 6.2 or section 8 where it refuses to grant an application for a licence or an application to add a lottery scheme, or revokes the licence before the sale of tickets or instant lottery cards or the date that the charity casino or the wheel of fortune is to be held.

O.C. 1476-2022, s. 9; O.C. 437-2024, s. 9.

10. Where a lottery scheme for which a licence was issued is not held during the period of validity of the licence, the holder may ask the board to reimburse the duty paid, except examination fees, not later than on the 30th day after the date of expiry of the licence.

O.C. 1476-2022, s. 10.

11. The duties and examination fees payable under this Regulation, except the duties determined using the percentages provided for in subparagraphs 1 and 2 of the first paragraph of section 6.2 and in section 7, are adjusted on 1 January of each year, based on the percentage change in the All-Items Consumer Price Index for Canada, for the 12-month period ending on 30 September of the preceding year, as determined by Statistics Canada. The adjustment rate may not be less than zero.

The adjusted duties and fees are rounded off as follows:

(1)  where the annual increase resulting from the adjustment is between $0.01 and $0.25, they are increased by $0.25;

(2)  where the annual increase resulting from the adjustment is between $0.25 and $0.50, they are increased by $0.50;

(3)  where the annual increase resulting from the adjustment is between $0.50 and $1, they are increased by $1; and

(4)  where the annual increase resulting from the adjustment is greater than $1,

(a)  they are reduced to the nearest dollar if they contain a fraction of a dollar less than $0.50; or

(b)  they are increased to the nearest dollar if they contain a fraction of a dollar equal to or greater than $0.50.

The board informs the public of the results of the adjustments under this section by publishing them in Part 1 of the Gazette officielle du Québec and, if the board considers it appropriate, by any other means.

O.C. 1476-2022, s. 11; O.C. 437-2024, s. 10.

DIVISION IV FINAL AND TRANSITIONAL

O.C. 1476-2022, Div. IV.

12. The licences issued pursuant to the Lottery Schemes Regulation (chapter L-6, r. 11) remain in force until the date on which they would have expired in accordance with that Regulation and the holders may, until that date, carry on the operations authorized by those licences.

O.C. 1476-2022, s. 12.

13. This Regulation replaces the Lottery Schemes Regulation (chapter L-6, r. 11).

O.C. 1476-2022, s. 13.

14. (Omitted).

O.C. 1476-2022, s. 14.

REFERENCES

O.C. 1476-2022, 2022 G.O. 2, 3407

S.Q. 2023, c. 24, ss. 78 and 98

O.C. 437-2024, 2024 G.O. 2, 896