L-6, r. 12.1 - Lottery Scheme Rules

À jour au 11 avril 2024

Ce document a valeur officielle.

chapter L-6, r. 12.1

Lottery Scheme Rules

Act respecting lotteries and amusement machines

(chapter L-6, s. 20, 1st par., subpars. c, d, f, g, i, j, k, l, and m and 2nd par.).

TITLE I INTERPRETATION

O.C. 1475-2022, Tit. I.

1. The definitions set out in the Lottery Scheme Regulation (chapter L-6, r. 11.1) apply to this Regulation.

O.C. 1475-2022, s. 1; O.C. 436-2024, s. 1.

TITLE II LICENCE APPLICATIONS AND CONDITIONS FOR OBTAINING A LICENCE

O.C. 1475-2022, Tit. II; O.C. 436-2024, s. 2.

CHAPTER I LOTTERY SCHEMES LICENCE

O.C. 1475-2022, c. I.

2. An organization, a non-profit legal person, a board of a fair or exhibition or an operator of a concession leased from the board of a fair or exhibition that applies for a lottery schemes licence to the Régie des alcools, des courses et des jeux must have an establishment in Québec.

In the case of a natural person, they must

(1)  be of full age;

(2)  reside in Québec; and

(3)  be a Canadian citizen or permanent resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27).

O.C. 1475-2022, s. 2; O.C. 436-2024, s. 3.

2.1. A person designated to act as the representative of a person who applies for a lottery scheme licence must be a member, director, employee or volunteer for the applicant and have the necessary knowledge on the conduct and management of the lottery scheme to answer the board.

O.C. 436-2024, s. 4.

3. Where the applicant is an organization, the licence application must include

(1)  the organization’s name, address, telephone number and email address;

(2)  a copy of the resolution that designates the natural person acting as representative for the licence application;

(3)  the representative’s name, address, telephone number, email address and date of birth;

(4)  the organization’s Québec business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1) or, failing that, a copy of its letters patent, of its certificate of constitution or of any other document attesting to its existence;

(5)  a document proving the charitable or religious purposes pursued by the organization; and

(6)  a detailed description of the charitable or religious purposes for which the application is made and the proposed use of the profit, which must be compatible with the purposes pursued by the organization.

O.C. 1475-2022, s. 3; O.C. 436-2024, s. 5.

3.1. Where an application for a licence is made on behalf of a group of organizations, the umbrella organization must provide the board with the following information and documents:

(1)  the umbrella organization’s name, address, telephone number and email address;

(2)  a copy of the resolution that designates the natural person acting as representative for the umbrella organization for the licence application, as well as the representative’s name, address, telephone number, email address and date of birth;

(3)  the umbrella organization’s Québec business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1) or, failing that, a copy of its letters patent, of its certificate of constitution or of any other document attesting to its existence;

(4)  an attestation that the umbrella organization has the authorizations required to make an application on behalf of the organizations that are part of the group;

(5)  the name, address, telephone number and email address of each organization that is part of the group, as well as the name, telephone number, email address and date of birth of each organization’s representative;

(6)  a document proving the charitable or religious purposes pursued by the umbrella organization, as well as an attestation that all the organizations that are part of the group pursue similar charitable or religious purposes; and

(7)  a detailed description of the charitable or religious purposes for which the application is made and the proposed use of the profit, which must be compatible with the purposes pursued by the organizations that are part of the group.

Where the board grants such an application, the licence is issued in the name of the umbrella organization and is valid, subject to the conditions prescribed, for each organization that is part of the group.

O.C. 436-2024, s. 6.

4. Where the applicant is a board of a fair or exhibition or the operator of a concession leased from the board of a fair or exhibition, the application must include

(1)  the board or operator’s name, address, telephone number and email address;

(2)  a copy of the resolution that designates the natural person acting as representative for the licence application;

(3)  the representative’s name, address, telephone number, email address and date of birth;

(4)  the board or operator’s Québec business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1) or, failing that, a copy of its letters patent, of its certificate of constitution or of any other document attesting to its existence;

(5)  the name of the fair or exhibition; and

(6)  an attestation that the lottery scheme will be operated during and on the premises of the fair or exhibition.

The operator of a concession must also provide the leasing contract that the operator signed with the board of a fair or exhibition.

Where the operator of a concession leased from the board of a fair or exhibition is a natural person, the operator must provide his or her date of birth, as well as the information and documents referred to in subparagraphs 1, 5 and 6 the first paragraph.

O.C. 1475-2022, s. 4; O.C. 436-2024, s. 7.

4.1. When applying for a class C lottery scheme licence to conduct and manage a lottery at a public place of amusement, a natural person or a non-profit legal person must provide the board with the following information and documents, if applicable:

(1)  the person’s name, address, telephone number, email address and date of birth;

(2)  a copy of the resolution that designates the natural person acting as representative for the licence application;

(3)  the representative’s name, address, telephone number, email address and date of birth;

(4)  the person’s Québec business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1) or, failing that, a copy of its letters patent, of its certificate of constitution or of any other document attesting to its existence; and

(5)  the name and address of the place of public amusement where each lottery scheme will be conducted and managed.

O.C. 436-2024, s. 8.

4.2. The applicant for a class A lottery scheme licence must, in addition to the information and documents required by sections 3 and 4, depending on the category of persons to which the applicant belongs, provide the Board with the following information:

(1)  a list of the types of lottery schemes; and

(2)  a list of the types of drawing, if applicable.

O.C. 436-2024, s. 8.

5. The applicant for a class B lottery scheme licence to conduct and manage a drawing must, in addition to the information and documents required by sections 3 or 4, depending on the category of persons to which the applicant belongs, provide the Board, for each drawing, with the following information:

(1)  the date and place of the drawing;

(2)  the dates when tickets will be on sale;

(3)  the number or estimated number of tickets that will be on sale;

(4)  the ticket selling price;

(5)  the total value of the prizes to be awarded or the total percentage of gross revenues for each prize as well as the corresponding value of the total percentage that would come from the sale of all the estimated tickets;

(6)  a brief description and the retail value of each prize, or the total percentage of gross revenues of each prize;

(7)  the anticipated gross revenues and expenses;

(8)  the rules of participation and operation; and

(9)  the type of drawing.

Where an electronic scheme from a supplier is used in order to conduct and manage a drawing, the application must also include the name of the supplier and the name and proposed use of the electronic scheme, and be accompanied with a copy of the contract entered into with the supplier.

If the applicant has established an electronic scheme to conduct and manage an electronic drawing, the applicant must provide

(1)  the name and description of the scheme;

(2)  the digital signatures of the electronic scheme’s critical components and the digital signature specific to the random number generator at the time of the application; and

(3)  the certification or expert report referred to in section 53 and an attestation from the laboratory confirming that the scheme has the characteristics listed in section 54.

O.C. 1475-2022, s. 5; O.C. 436-2024, s. 9.

6. The applicant for a class B lottery scheme licence to conduct and manage an instant lottery must, in addition to the information and documents required by sections 3 or 4, depending on the category of persons to which the applicant belongs, provide the Board, for each instant lottery, with the following information:

(1)  the dates when cards will be on sale;

(2)  the date and place of any drawing of lots;

(3)  the number of cards;

(4)  the card selling price;

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

(6)  the rules of participation and operation; and

(7)  the anticipated gross revenues and expenses.

O.C. 1475-2022, s. 6; O.C. 436-2024, s. 10.

7. The applicant for a class B lottery scheme licence to conduct and manage a charity casino must, in addition to the information and documents required by section 3, provide the Board, for each charity casino, with the following information:

(1)  the date and place of the charity casino;

(2)  the number of admission tickets on sale;

(3)  the admission ticket selling price;

(4)  the estimated revenues from the sale of additional phoney money;

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

(6)  a description of the blackjack tables and the types of wheels of fortune and the rules of participation and operation;

(7)  (paragraph revoked);

(8)  a copy of all contracts entered into by the applicant pertaining to the holding of the charity casino; and

(9)  the anticipated gross revenues and expenses.

O.C. 1475-2022, s. 7; O.C. 436-2024, s. 11.

8. The applicant for a class B lottery scheme licence to conduct and manage a wheel of fortune must, in addition to the information and documents required by section 4, provide the Board, for each wheel of fortune, with the following information:

(1)  the date and place of the wheel of fortune;

(2)  a description of the types of wheel of fortune and the rules of participation and operation; and

(3)  the number of wheels of fortune and the minimum and maximum bets per wheel of fortune.

O.C. 1475-2022, s. 8; O.C. 436-2024, s. 12.

9. (Revoked).

O.C. 1475-2022, s. 9; O.C. 436-2024, s. 13.

10. An application for a lottery scheme licence may be made by more than one applicant in order to jointly conduct and manage a lottery scheme and share the resulting profit. The application must be signed by each applicant.

Each applicant must meet the conditions for obtaining the licence and provide the documents and information referred to in section 3, 4 or 4.1, as applicable.

The licence is issued in the name of each of the applicants.

O.C. 1475-2022, s. 10; O.C. 436-2024, s. 14.

10.1. An application for a lottery scheme licence must be filed with the board at least 30 days before the sale of tickets or instant lottery cards, or the date on which the charity casino, the wheel of fortune or the lottery at a public place of amusement is to be held.

O.C. 436-2024, s. 14.

10.2. The board may issue a new class A lottery scheme licence only if at least 12 months have elapsed from the date on which the applicant was issued a class A lottery scheme licence.

Despite the first paragraph, more than one class A lottery scheme licences may be issued to an umbrella organization if each of those licences authorizes the conduct of a different lottery scheme.

In addition, the board may issue a new class C lottery scheme licence to conduct and manage a lottery at a public place of amusement only if at least 12 months have elapsed from the date on which the applicant was issued a licence to conduct and manage such a lottery.

O.C. 436-2024, s. 14.

11. The board may refuse to issue a licence if an applicant or one of the applicant’s officers, directors, employees or volunteers working on the lottery scheme has been found guilty of

(1)  an offence against the Act respecting lotteries and amusement machines (chapter L-6) or a lottery scheme regulation or rules made under the Act with respect to a lottery scheme, within the last 3 years;

(2)  an offence punishable on summary conviction pertaining to gaming or betting, within the last 3 years; 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.

O.C. 1475-2022, s. 11; O.C. 436-2024, s. 15.

11.1. Where an application for a licence is made on behalf of a group of organizations, the board may refuse to let an organization be part of the group, for a reason provided for in section 11 of these Rules or section 50 of the Act respecting lotteries and amusement machines (chapter L-6).

O.C. 436-2024, s. 16.

12. The board may refuse to issue a licence to applicants who failed to comply with the requirements for a previous lottery schemes licence.

O.C. 1475-2022, s. 12.

13. The board may require that the applicant provide a security

(1)  by filing a letter of guarantee from a financial institution that indicates the guaranteed amount and identifies the lottery scheme associated with it;

(2)  by depositing a sum of money with the board or in a trust account belonging to a financial institution, advocate or notary.

O.C. 1475-2022, s. 13.

14. Any modification of a licence or a lottery scheme requires the filing of an application with the board.

The board, on the conditions it determines, may authorize the modification of a lottery scheme or modify a licence. In case of a refusal, the board may also cancel or revoke the licence.

Applications to add a lottery scheme to a licence in force must be filed with the board at least 30 days before the sale of tickets or instant lottery cards begins or before the date on which the charity casino or the wheel of fortune is to be held.

O.C. 1475-2022, s. 14; O.C. 436-2024, s. 17.

CHAPTER II ELECTRONIC SCHEMES SUPPLIER LICENCES

O.C. 1475-2022, c. II.

15. An applicant for an electronic schemes supplier licence must be registered with the enterprise registrar or, if a natural person, a Canadian citizen or permanent resident of full age.

O.C. 1475-2022, s. 15.

16. An application made to the board must include

(1)  the applicant’s name, address, telephone number, email address and, if the applicant is a natural person, the applicant’s date of birth;

(2)  a copy of the resolution that designates the natural person authorized to act as representative for the licence application;

(3)  the representative’s name, address, telephone number, email address and date of birth;

(4)  the applicant’s Québec business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(5)  the name, address and date of birth of each director or officer, and of every shareholder holding 10% or more of the shares carrying full voting rights;

(6)  proof of solvency;

(7)  proof of at least 2 years’ experience developing and creating electronic or related schemes; and

(8)  for each electronic scheme that the applicant intends to offer,

(a)  the name and description of the scheme;

(b)  the digital signatures of the electronic scheme’s critical components and the digital signature specific to the random number generator at the time of the application; and

(c)  the certification or expert report referred to in section 53 and an attestation from the laboratory confirming that the scheme has the characteristics listed in section 54.

Subparagraphs 2, 3, 4 and 5 of the first paragraph do not apply to a natural person.

O.C. 1475-2022, s. 16.

16.1. An application for an electronic scheme supplier licence may be made by more than one applicant. The application must be signed by each applicant.

Each applicant must meet the conditions for obtaining the licence and provide the documents and information referred to in section 16.

The licence is issued in the name of each of the applicants.

O.C. 436-2024, s. 18.

17. The board may refuse to issue a licence if an applicant or one of the applicant’s officers, directors or employees who has access to the electronic schemes has been found guilty of

(1)  an offence against the Act respecting lotteries and amusement machines (chapter L-6) or a lottery scheme regulation or rules made under the Act, within the last 3 years;

(2)  an offence punishable on summary conviction directly related to the activities authorized by the licence, within the last 3 years; or

(3)  an indictable offence directly related to the activities authorized by the licence, within the last 5 years.

A licence application may also be refused if an applicant or one of the applicant’s officers or directors resorted to the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3) or the Companies’ Creditors Arrangement Act (R.S.C. 1985, c. C-36) within less than 5 years.

O.C. 1475-2022, s. 17; O.C. 436-2024, s. 19.

18. The board may refuse to issue a licence to applicants who failed to comply with the requirements for a previous electronic schemes supplier licence.

O.C. 1475-2022, s. 18.

19. (Revoked).

O.C. 1475-2022, s. 19; O.C. 436-2024, s. 20.

TITLE III STANDARDS FOR THE USE OF LOTTERY SCHEMES LICENCES

O.C. 1475-2022, Tit. III.

CHAPTER I GENERAL

O.C. 1475-2022, c. I.

20. (Revoked).

O.C. 1475-2022, s. 20; O.C. 436-2024, s. 20.

20.1. A class A lottery scheme licence authorizes the holder to conduct and manage a drawing, an instant lottery, a charity casino or a wheel of fortune, on the following conditions:

(1)  the gross annual revenues from the conduct and management of the lottery schemes may not exceed $20,000; and

(2)  no electronic scheme may be used to conduct and manage a lottery scheme.

Where the licence is issued for the benefit of a group of organizations, the gross annual revenues provided for in subparagraph 1 of the first paragraph applies to each organization that is part of the group.

O.C. 436-2024, s. 21.

20.2. Where a licence is issued for the benefit of a group of organizations, the standards provided in this Title apply to each organization that is part of the group.

O.C. 436-2024, s. 21.

21. A lottery schemes licence holder must conduct and manage a lottery scheme themselves.

The lottery schemes licence holder is also responsible for the integrity and safety of the lottery scheme.

O.C. 1475-2022, s. 21.

22. A holder must allow the public to consult the holder’s licence and, if applicable, the rules of participation and operation of the lottery scheme, as well as the charitable or religious purposes for which the licence was issued.

O.C. 1475-2022, s. 22; O.C. 436-2024, s. 22.

23. A holder must not allow a minor to take part in the lottery scheme.

O.C. 1475-2022, s. 23.

24. All advertising related to the lottery scheme must bear the holder’s name and licence number and specify that it is forbidden for a minor person to take part in the lottery scheme.

All advertising must also comply with the lottery scheme’s rules of participation and operation, if applicable.

O.C. 1475-2022, s. 24; O.C. 436-2024, s. 23.

25. Within 30 days of a licence’s date of issue, the holder of a class B lottery scheme licence must send to the board

(1)  in the case of a drawing that uses regular tickets, a specimen ticket; or

(2)  in the case of an instant lottery, a specimen card.

O.C. 1475-2022, s. 25; O.C. 436-2024, s. 24.

26. A lottery schemes licence 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. 1475-2022, s. 26.

27. The funds collected by an organization holding a class B lottery scheme licence during the conduct and management of a lottery scheme must be the object of book-keeping that is separate from the organization’s general accounting.

O.C. 1475-2022, s. 27; O.C. 436-2024, s. 26.

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

(1)  35% for a drawing;

(2)  50% for an instant lottery; and

(3)  30% for a charity casino.

O.C. 1475-2022, s. 28.

29. Except in the case of a lottery at a public place of amusement and a wheel of fortune, a lottery scheme’s administration expenses must be less than the scheme’s net profit.

O.C. 1475-2022, s. 29; O.C. 436-2024, s. 27.

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

O.C. 1475-2022, s. 30; O.C. 436-2024, s. 28.

31. 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.

O.C. 1475-2022, s. 31.

32. The remuneration of any member, director, employee or volunteer for the holder who works 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 gross revenues or profit.

The remuneration of any other person is prohibited.

O.C. 1475-2022, s. 32; O.C. 436-2024, s. 29.

33. The total value of prizes awarded must correspond to the value of prizes or percentage of gross revenues specified on the licence application and in the rules of participation and operation, if applicable.

O.C. 1475-2022, s. 33; O.C. 436-2024, s. 31.

34. Where a prize is awarded in the form of merchandise, a licence holder 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.

O.C. 1475-2022, s. 34.

CHAPTER II LOTTERY AT A PUBLIC PLACE OF AMUSEMENT

O.C. 1475-2022, c. II; O.C. 436-2024, ss. 25 and 32.

34.1. A class C lottery scheme licence to conduct and manage a lottery at a public place of amusement authorizes the holder to sell simplified tickets that entitle purchasers to take part in a drawing of lots for various prizes, on the following conditions:

(1)  the drawing must be conducted and managed at a public place of amusement;

(2)  the drawing must be a drawing with a fixed prize or a drawing whose prize is determined based on the percentage of gross revenues;

(3)  the tickets must be sold and a winner must be chosen on the same day;

(4)  the cost of a ticket may not exceed $2;

(5)  the total value of prizes drawn per day may not exceed $500;

(6)  the gross annual revenues from the sale of draw tickets may not exceed $5,000;

(7)  no electronic scheme may be used to conduct and manage the drawing; and

(8)  the drawing may not be conducted or managed for the object of promoting commercial interests.

Simplified tickets must contain a sequential number, which must be retained by the holder for the purpose of choosing the winner.

O.C. 436-2024, s. 32.

34.2. To establish and operate a drawing, a licence holder must have the prior authorization of the owner of the public place of amusement or the person responsible for it and, if applicable, the event organizer.

O.C. 436-2024, s. 32.

34.3. A winner must be chosen publicly before at least 3 witnesses.

O.C. 436-2024, s. 32.

34.4. Each drawing prize whose amount is determined by a percentage of the revenue generated from ticket sales must be announced to the participants before a winner is chosen.

To receive a prize, a participant must show the licence holder that they are at least 18 years of age and present their ticket.

To be valid, a ticket must be intact and must not have been modified, altered, reconstituted or counterfeited in any manner whatsoever.

O.C. 436-2024, s. 32.

CHAPTER III DRAWING

O.C. 1475-2022, c. IV; O.C. 436-2024, ss. 30 and 33.

DIVISION I GENERAL

O.C. 1475-2022, Div. I.

35. In the case of a drawing held at a benefit activity, the price of a ticket must be distinct from the amount asked for in order to take part in the benefit activity.

O.C. 1475-2022, s. 35.

36. To establish and operate a lottery scheme, the licence holder must have the prior authorization of the owner or the person responsible for the public place and, if applicable, the event organizer.

O.C. 1475-2022, s. 36; O.C. 436-2024, s. 34.

37. A holder of a licence to conduct and manage a drawing may not

(1)  offer tickets for sale before the licence is issued by the board;

(2)  sell a ticket for a value other than the selling price indicated on it and in the licence application; or

(3)  sell a ticket to a person who is not in Québec.

O.C. 1475-2022, s. 37.

38. A licence to conduct and manage a drawing authorizes the holder to sell regular or simplified tickets that entitle purchasers to take part in a drawing of lots for various prizes.

Simplified tickets may be used only when tickets are sold and a winner is chosen at the same place on the same day in the presence of the participants.

O.C. 1475-2022, s. 38.

39. Regular tickets must contain

(1)  the holder’s name;

(2)  the licence number;

(3)  the ticket’s sequential number;

(4)  the selling price of each ticket;

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

(6)  the place where the rules of participation and operation may be consulted.

The licence holder must also retain, for the purpose of choosing the winners, the purchaser’s name, address and telephone number for the sequential number corresponding to the ticket given to the purchaser.

O.C. 1475-2022, s. 39.

40. Simplified tickets must contain a sequential number, which must be retained by the holder for the purpose of choosing the winners.

O.C. 1475-2022, s. 40.

41. The holder must have rules of participation and operation, that must contain

(1)  the holder’s name;

(2)  the licence number;

(3)  the type of drawing;

(4)  the number of tickets on sale or an indication that the number of tickets is undetermined;

(5)  the selling price of each ticket;

(6)  the place and date of the sale of tickets;

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

(8)  if there is more than one prize, the order in which the prizes are to be drawn and whether winning tickets will be removed from subsequent drawing of lots;

(9)  if there is more than one prize, the total value of prizes to be awarded or the total percentage of gross revenues for each prize as well as the corresponding value of the total percentage that would come from the sale of all the estimated tickets;

(10)  a brief description and the retail value of each prize, or the total percentage of gross revenues of each prize;

(11)  the manner in which and place where prizes must be claimed;

(12)  the time within which the prize must be claimed as of the drawing; and

(13)  the procedure for choosing the winner if the drawing of progressive lots must take place on the last day of the licence’s period of validity.

O.C. 1475-2022, s. 41; O.C. 436-2024, s. 35.

42. A winner must be chosen by the drawing of lots.

A winner must be chosen publicly before at least 3 witnesses or recorded and broadcast as a video, unless the winner is chosen by an electronic scheme.

O.C. 1475-2022, s. 42.

43. Each drawing prize whose amount is determined by a percentage of the revenue generated from ticket sales must be announced to the participants before a winner is chosen.

O.C. 1475-2022, s. 43.

44. To receive a prize, a participant must show the licence holder that he or she is at least 18 years of age.

The participant must also prove his or her identity to the licence holder if the participant holds a regular ticket or, if the participant holds a simplified ticket, present that ticket.

To be valid, a simplified ticket must be intact and must not have been modified, altered, reconstituted or counterfeited in any manner whatsoever.

O.C. 1475-2022, s. 44.

45. The participant who holds the simplified ticket that bears the sequential number drawn must claim the prize within the time prescribed in the rules of participation and operation. Otherwise the licence holder must choose another winner until the prize is awarded.

O.C. 1475-2022, s. 45; O.C. 436-2024, s. 36.

46. When a winner is not chosen within 30 minutes after the time at which a winner was supposed to be chosen, the licence holder must inform the participants of the time to which choosing a winner is postponed.

If, due to exceptional circumstances, a winner cannot be chosen on the scheduled day, choosing a winner must be postponed to a time, and in a manner, agreed with the board.

O.C. 1475-2022, s. 46.

47. During a progressive drawing, the progressive jackpot must be drawn not later than the last day of the licence’s period of validity and the rules of participation and operation must set out the procedure for choosing the winner.

O.C. 1475-2022, s. 47.

DIVISION II ELECTRONIC SCHEMES

O.C. 1475-2022, Div. II.

§ 1 . — General

O.C. 1475-2022, Sd. 1.

48. Only an organization holding a class B lottery scheme licence may use an electronic scheme to conduct and manage a drawing.

O.C. 1475-2022, s. 48; O.C. 436-2024, s. 37.

49. For an electronic drawing, an organization must establish its own electronic scheme or use an electronic scheme from a supplier holding an electronic schemes supplier licence issued by the board.

O.C. 1475-2022, s. 49.

50. An electronic scheme must

(1)  be up to date, in good working order and not be compromised or altered in a way that would affect the integrity of the drawing;

(2)  be safe, in particular by controlling access and network security and by having safety monitoring tools;

(3)  ensure availability, in particular by having processes to save and restore applications and data, a disaster recovery plan, data redundancy and incident management procedures;

(4)  protect processing integrity, in particular by collecting and storing the entirety of the data, recording all valid tickets in the drawings, using audit journals to document and track the activity, and precisely recording and noting the results of the drawings;

(5)  be the subject of a lifetime software development process; and

(6)  use a server situated in Canada.

O.C. 1475-2022, s. 50.

51. An electronic scheme used for the sale of tickets must

(1)  limit the period during which the tickets are on sale;

(2)  have a means of ensuring that a purchaser is in Québec and is at least 18 years of age;

(3)  allow secure payments;

(4)  have a means of ensuring that participants agree to the privacy policies and rules of participation and operation;

(5)  protect participants’ personal information in accordance with the statutes that apply; and

(6)  enable a ticket to be cancelled or reissued after it is sold.

O.C. 1475-2022, s. 51.

52. A random number generator used to choose a winner must use a proven and reliable algorithm and generate unpredictable random numbers that are statistically independent and have the same odds of being generated within the same series.

The results produced by a random number generator must at the very least pass the relevant statistical tests to show, with a high degree of confidence, that the results meet the conditions of randomness.

O.C. 1475-2022, s. 52.

§ 2 . — Reports and certifications

O.C. 1475-2022, Sd. 2.

53. An electronic scheme, including a random number generator, must be certified or expertly assessed using the recognized standards in the field, such as GLI-27, GLI-31 or ISO /IEC27000-series standards.

The certification or expert report must be issued by a laboratory that meets the requirements of section 54.

The laboratory must also certify that the electronic scheme meets the requirements of this Division.

O.C. 1475-2022, s. 53.

54. Only an independent and competent laboratory that has the following characteristics may certify or expertly assess an electronic or related scheme:

(1)  have at least 2 years’ experience inspecting or certifying electronic schemes, including any random number generators or related schemes;

(2)  have sufficient staff specialized in the required disciplines;

(3)  have the capacity to independently evaluate and document each standard;

(4)  have the capacity to understand and test interactions between the components of an electronic scheme while establishing how the components might impact integrity and their proper operation;

(5)  have sufficient material, schemes and tools to independently perform the required tests;

(6)  be able to ensure the safety of the rooms, material and schemes used.

O.C. 1475-2022, s. 54.

§ 3 . — Supplier obligations

O.C. 1475-2022, Sd. 3.

55. A supplier must

(1)  provide adequate training to organizations to use the electronic scheme;

(2)  store the scheme securely and protect access to them at all times;

(3)  resolve any technical difficulties that occur during the drawing and affect its integrity;

(4)  monitor the scheme and intervene during any unusual or suspicious activity;

(5)  monitor and detect errors in the scheme and related components; and

(6)  inform the board of any incident that might affect the safety or integrity of the scheme or drawing, and of the measures taken to correct it.

O.C. 1475-2022, s. 55.

56. When changes are made to a random number generator or critical component of an electronic scheme, a supplier must provide the board with a new certification or expert report and up to date digital signatures.

The supplier must also keep the digital signatures for the electronic scheme, including the random number generator, and make them available to the board for inspection upon request.

O.C. 1475-2022, s. 56.

57. A supplier may not conduct or manage a lottery scheme for an organization.

O.C. 1475-2022, s. 57.

58. A supplier and a supplier’s officers, directors and employees may not take part in a drawing for which the supplier’s electronic scheme is used.

O.C. 1475-2022, s. 58.

59. The cost charged to an organization to use an electronic scheme must be fixed and predetermined. It may not be set as a percentage of profit.

O.C. 1475-2022, s. 59.

§ 4 . — Organization obligations

O.C. 1475-2022, Sd. 4.

60. During the conduct and management of an electronic drawing, an organization must

(1)  ensure that the organization’s staff assigned to the drawing have the skills and knowledge required to use the electronic schemes;

(2)  store the schemes securely and protect access to them at all times;

(3)  inform the board of any incident that might affect the safety or integrity of the scheme or drawing, and of the measures taken to correct it; and

(4)  keep all data related to the drawing for 2 years after the date of expiry of the licence.

O.C. 1475-2022, s. 60.

61. If an organization has established its own electronic scheme, the organization must also meet the requirements set out in sections 50 to 56.

O.C. 1475-2022, s. 61.

CHAPTER IV INSTANT LOTTERY

O.C. 1475-2022, c. V; O.C. 436-2024, s. 38.

62. A holder of a licence to conduct and manage an instant lottery must give purchasers a card containing

(1)  the licence holder’s name;

(2)  the licence number;

(3)  the number of cards on sale;

(4)  the selling price of each card;

(5)  the period during which the cards are on sale;

(6)  the place where purchasers can purchase a card;

(7)  the combination of symbols or hidden symbol that allows the purchaser to win;

(8)  the list of prizes, retail value of each prize and any combination of symbols or hidden symbol for each prize;

(9)  the place where prizes must be claimed; and

(10)  the deadline and procedure for claiming a prize.

When the card may also entitle a purchaser, in addition to the chance to win an instant prize, to take part in a drawing of lots, the card must also contain

(1)  the sequential number of the card;

(2)  the place, date and time of the drawing of lots; and

(3)  the order in which the prizes will be drawn and if the winning tickets are removed from subsequent drawings of lots.

When that is the case, the licence holder must keep the sequential number corresponding to the sequential number of the card given to the purchaser to perform the drawing of lots.

O.C. 1475-2022, s. 62.

63. A drawing of lots that is part of an instant lottery must be made publicly before at least 3 witnesses or recorded and broadcast as a video.

O.C. 1475-2022, s. 63.

64. The holder must have rules of participation and operation, that must contain the same information as the cards, except the combination of symbols or hidden symbol and the sequential number used if there is a drawing of lots.

O.C. 1475-2022, s. 64; O.C. 436-2024, s. 39.

65. Each instant lottery card must be opaque and designed to make it impossible to read the contents without showing that the card has been altered.

A winning card must not be identifiable by colour, size or the presence of a mark, except the sealed content.

O.C. 1475-2022, s. 65.

66. To be declared a valid winning card, an instant lottery card must be intact, except the part used to seal the contents, and must not have been modified, altered, reconstituted or counterfeited in any manner whatsoever.

O.C. 1475-2022, s. 66.

67. Each winning instant lottery card must be marked when the prize is awarded.

O.C. 1475-2022, s. 67.

CHAPTER V CHARITY CASINO

O.C. 1475-2022, c. VI; O.C. 436-2024, s. 40.

68. A holder of a licence to conduct and manage a charity casino must give each subscriber, for each amount, a fixed sum of phoney money to be accepted only at blackjack tables or wheels of fortune and exchanged for the right to take part in a drawing of lots or for the right to purchase merchandise in an auction or sale.

The admission ticket and phoney money must show

(1)  the licence number; and

(2)  the licence holder’s name.

O.C. 1475-2022, s. 68.

69. In the case of a blackjack table, a 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.

O.C. 1475-2022, s. 69.

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

O.C. 1475-2022, s. 70.

71. No one working in the conduct and management of a charity casino may take part in the charity casino unless the work ends before the charity casino begins.

O.C. 1475-2022, s. 71.

CHAPTER VI WHEEL OF FORTUNE

O.C. 1475-2022, c. VII; O.C. 436-2024, s. 41.

72. A licence to conduct and manage a wheel of fortune authorizes the holder to operate a lottery scheme in the form of a wheel divided into sections, each containing a number or symbol, where players can place bets corresponding to those numbers or symbols for the chance to win prizes.

O.C. 1475-2022, s. 72.

73. A holder must ensure that wheel of fortune tables are identified with the value of their minimum and maximum bets and that the values are not changed for the duration of the lottery scheme.

O.C. 1475-2022, s. 73.

74. A wheel of fortune may only be held during and on the premises of the fair or exhibition referred to in the licence.

O.C. 1475-2022, s. 74.

TITLE IV REPORTING

O.C. 1475-2022, Tit. IV; O.C. 436-2024, s. 42.

74.1. The holder of a class C lottery scheme licence to conduct and manage a lottery at a public place of amusement must note and keep the following information in a record for each drawing:

(1)  the type of drawing;

(2)  the date and place of the drawing;

(3)  the total value of prizes drawn; and

(4)  the gross revenues from the sale of draw tickets.

The licence holder must also note and keep, in the same record, the total gross revenues from all the drawings held during the term of the licence.

The licence holder must keep that information for 2 years after the expiry or revocation of the licence and provide the information to the board upon request.

O.C. 436-2024, s. 43.

74.2. The holder of a class A lottery scheme licence and, in the case of a licence issued for the benefit of a group of organizations, each organization that is part of the group must note and keep the following information in a record for each lottery scheme, except a wheel of fortune:

(1)  the type of lottery scheme and, if applicable, the type of drawing;

(2)  the date on which the lottery scheme is to be conducted;

(3)  the total value of prizes awarded by the lottery scheme;

(4)  the gross revenues from the sale of draw tickets, instant lottery cards, admission tickets and additional phoney money from the charity casino or the wheel of fortune bets;

(5)  the actual cost of each prize awarded by the lottery scheme;

(6)  the lottery scheme’s administration expenses;

(7)  the profit or loss of the lottery scheme.

The licence holder and, if applicable, each organization that is part of the group must also note and keep, in the same record, the gross revenues and profit from all lottery schemes held during the term of the licence.

The licence holder must keep that information for 2 years after the expiry or revocation of the licence and provide the information to the board upon request.

O.C. 436-2024, s. 43.

75. A holder of a class B licence to conduct and manage a drawing must produce a report of their activities on the form prescribed by the board.

The holder must send a copy of the statement to the board not later than 60 days following the expiry or revocation of the licence.

The statement must contain the following information for each drawing:

(1)  the number of tickets on sale;

(2)  the number of tickets sold;

(3)  the selling price of each ticket;

(4)  the gross revenues from the sale of draw tickets;

(5)  the total value of prizes awarded;

(6)  the actual cost of each prize awarded, as well as supporting vouchers at the board’s request;

(7)  the total value of the prizes claimed;

(8)  the administration expenses;

(9)  the profit or loss;

(10)  the name and address of each winner of a prize valued at $2,000 or more, at the board’s request;

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

O.C. 1475-2022, s. 75; O.C. 436-2024, s. 44.

76. A holder of a class B licence to conduct and manage an instant lottery must produce a report of their activities on the form prescribed by the board.

The holder must send a copy of the statement to the board not later than 60 days following the expiry or revocation of the licence.

The statement must contain the following information for each instant lottery:

(1)  the number of cards on sale;

(2)  the number of cards sold;

(3)  the selling price of each card;

(4)  the gross revenues from the sale of instant lottery cards;

(5)  the total value of prizes awarded;

(6)  the actual cost of each prize awarded, as well as supporting vouchers at the board’s request;

(7)  the total value of the prizes claimed;

(8)  the administration expenses;

(9)  the profit or loss;

(10)  the name and address of each winner of a prize valued at $2,000 or more, at the board’s request;

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

O.C. 1475-2022, s. 76; O.C. 436-2024, s. 45.

77. A holder of a class B licence to conduct and manage a charity casino must produce a report of their activities on the form prescribed by the board.

The holder must send a copy of the statement to the board not later than 60 days following the expiry or revocation of the licence.

The statement must contain the following information for each charity casino:

(1)  the number of admission tickets on sale;

(2)  the number of admission tickets sold;

(3)  the selling price of an admission ticket;

(4)  the gross revenues from the sale of admission tickets;

(5)  the gross revenues from the sale of additional phoney money;

(6)  the total value of prizes awarded;

(7)  the actual cost of each prize awarded, as well as supporting vouchers at the board’s request;

(8)  the total value of the prizes claimed;

(9)  the administration expenses;

(10)  the profit or loss;

(11)  the name and address of each winner of a prize valued at $2,000 or more, at the board’s request;

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

O.C. 1475-2022, s. 77; O.C. 436-2024, s. 46.

77.1. For the purposes of sections 74.1 to 77 of these Rules, in the case of a licence referred to in section 10, licence holders must keep only one record or produce only one activity report, as applicable.

O.C. 436-2024, s. 47.

TITLE V USE OF PROFITS

O.C. 1475-2022, Tit. V.

78. The profit from the conduct and management of a lottery scheme by an organization must be used in Québec for the charitable or religious purposes for which the licence was issued and may not be used to repay expenses already incurred.

The profit must be used within one year following the date of expiry of the licence.

The organization may, for serious grounds, apply to the board to have that period extended.

O.C. 1475-2022, s. 78.

79. An organization must, at the board’s request, show that profit from the conduct and management of the lottery scheme was used for the purposes for which the licence was issued.

The organization must keep the data required to show that for 2 years after the expiry of the licence.

O.C. 1475-2022, s. 79; O.C. 436-2024, s. 48.

TITLE VI FINAL

O.C. 1475-2022, Tit. VI.

80. These Rules replace the Lottery Scheme Rules (chapter L-6, r. 12).

O.C. 1475-2022, s. 80.

81. (Omitted).

O.C. 1475-2022, s. 81.

TRANSITIONAL

2024

(O.C. 436-2024) SECTION 49. The holder of a lottery scheme licence issued before 11 April 2024 whose gross annual revenues from the conduct and management of lottery schemes is $20,000 or less and who used no electronic scheme to conduct and manage the lottery schemes becomes, as of the date of coming into force of this Regulation, subject to the reporting requirements prescribed in section 74.2 of the Lottery Scheme Rules (chapter L-6, r. 12.1) enacted by section 43 of this Regulation.

REFERENCES

O.C. 1475-2022, 2022 G.O. 2, 3397

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

O.C. 436-2024, 2024 G.O. 2, 889