L-6, r. 11 - Lottery Schemes Regulation

Replaced on 1 September 2022

This document has official status.

chapter L-6, r. 11

Lottery Schemes Regulation

Act respecting lotteries, publicity contest and amusement machines

(chapter L-6, s. 119).

Replaced, O.C. 1476-2022, 2022 G.O. 2, 3407; eff. 2022-09-01; see chapter L-6, r. 11.1.

The fees prescribed in the Regulation have been indexed pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 8 January 2022, page 42. (ss. 4.1, 12) (Effect from 1 January 2022) (Erratum, 2022 G.O. 1, 42)

1. In this Regulation:

“charitable purposes” means objects or 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)

“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)

“50/50” means a lottery scheme the prize of which corresponds to 50% of the revenues from the sale of all the tickets for the drawing; (moitié-moitié)

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

“religious purposes” means objects or purposes intended to promote a religious doctrine. (fins religieuses)

O.C. 2704-84, s. 1; O.C. 593-91, s. 1; O.C. 1269-97, s. 1; O.C. 1107-2007, s. 22; O.C. 1075-2014, s. 1.

2. In the matter of lottery schemes, the activities for which a licence is prescribed are as follows:

(1)  (paragraph revoked);

(2)  drawings, including the 50/50;

(3)  drawings during a fund-raising campaign;

(4)  wheels of fortune;

(5)  casinos;

(6)  charity casinos.

O.C. 2704-84, s. 2; O.C. 593-91, s. 2; O.C. 1269-97, s. 2; O.C. 1075-2014, s. 2.

3. The categories of persons who may apply for a licence are:

(1)  organizations, if the proceeds from the lottery scheme are used for charitable or religious objects or purposes compatible with those they pursue;

(2)  the board of a fair or exhibition holding a fair or an exhibition, during the time when and at the place where it is held;

(3)  the operator of a concession leased from the board of a fair or an exhibition and located on the grounds of the fair or the exhibition and operated on that site during the fair or the exhibition.

O.C. 2704-84, s. 3; Erratum, 1985 G.O. 2, 365; O.C. 1241-85, s. 1; O.C. 593-91, s. 2; O.C. 510-98, s. 1; O.C. 1107-2007, s. 23.

4. The categories of licences that the Régie des alcools, des courses et des jeux may issue to certain categories of persons covered by section 3 are:

(1)  (paragraph revoked);

(2)  a licence for a drawing:

(a)  to an organization;

(b)  to the board of a fair or an exhibition;

(3)  a licence for a drawing during a fund-raising campaign for an organization;

(4)  a wheel of fortune licence:

(a)  to the board of a fair or an exhibition;

(b)  to the operator of a concession leased from the board of a fair or an exhibition;

(5)  (paragraph revoked);

(6)  a charity casino licence to an organization.

The Agricultural Societies Act (chapter S-25) is revoked by 1997, chapter 70.

O.C. 2704-84, s. 4; O.C. 1241-85, s. 2; O.C. 593-91, s. 2; O.C. 1269-97, s. 3; O.C. 510-98, s. 2.

4.1. A person to whom the board issues a licence shall pay the following duties:

(1)  (paragraph revoked);

(2)  for a licence for a drawing: examination fees of $30.75;

A payable duty of 0.9% of the total selling price of the tickets printed or estimated by the applicant or of the objects manufactured is added to the examination fees, except if the application for a licence for a drawing concerns a 50/50 activity where the value of each prize to be awarded is $5,000 or less;

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 is made by a group of organizations pursuant to section 4.2 of the Lottery Scheme Rules (chapter L-6, r. 12), a payable duty of $68 is added to the examination fees;

(3)  for a licence for a drawing during a fund-raising campaign authorizing the holding of a drawing: administrative charges of $30.75 plus 3% of the total value of the prizes offered;

(4)  for a wheel of fortune licence authorizing the operation of a wheel of fortune: administrative charges of $30.75 plus $60 per day for each wheel of fortune where the stake is from $0.25 to $2, and $119 per day for other wheels of fortune;

(5)  (paragraph revoked);

(6)  for a charity casino licence authorizing the holding of a charity casino: administrative charges of $30.75 plus $30.50 per day for each blackjack table or for each wheel of fortune.

O.C. 593-91, s. 2; O.C. 270-96, s. 1; O.C. 1269-97, s. 4; O.C. 510-98, s. 3; O.C. 1075-2014, s. 3; S.Q. 2020, c. 5, s. 236.

4.2. In the case of a licence for a drawing authorizing a 50/50 activity where the value of each prize to be awarded is greater than $5,000, if the revenues from the sale of all the tickets exceed 10% of the total selling price of the tickets estimated at the time of the application, the holder must pay 0.9% of the excess amount. Duties must accompany the statement of profits sent pursuant to section 45.3 of the Lottery Scheme Rules (chapter L-6, r. 12).

O.C. 1075-2014, s. 4; S.Q. 2020, c. 5, s. 237.

5. (Revoked).

O.C. 2704-84, s. 5; O.C. 1269-97, s. 5.

6. (Revoked).

O.C. 2704-84, s. 6; O.C. 1241-85, s. 3; O.C. 593-91, s. 3.

7. (Revoked).

O.C. 2704-84, s. 7; O.C. 1241-85, s. 4; O.C. 593-91, s. 3.

8. (Revoked).

O.C. 2704-84, s. 8; O.C. 1241-85, s. 5; O.C. 593-91, s. 3.

9. A duly completed application for a licence must be filed or sent to the board:

(1)  in the case of a licence application for a drawing, a drawing during a fund-raising campaign or a charity casino, at least 30 days prior to the date on which the lottery scheme is to be conducted; or

(2)  in other cases, at least 30 days prior to the date on which the lottery scheme is to be conducted.

O.C. 2704-84, s. 9; O.C. 593-91, s. 4; O.C. 1269-97, s. 6.

10. Duties for a licence must be paid either in cash, or by cheque or postal money order made out to the Régie des alcools, des courses et des jeux, and must accompany the licence application.

O.C. 2704-84, s. 10; O.C. 593-91, s. 5; O.C. 1269-97, s. 7.

11. Where a lottery scheme is not conducted, a licence holder may be reimbursed for the duties he paid therefor, except the administrative charges, provided that he files a sworn application with the board not later than 30 days after his licence expires.

However, a holder of a charity casino licence or a wheel of fortune licence may not be reimbursed for the duties paid for blackjack tables or for wheels of fortune that he did not use.

O.C. 2704-84, s. 11; O.C. 593-91, s. 6; O.C. 510-98, s. 4.

12. Where a licence is lost, destroyed or altered, the holder must apply for a duplicate that the board will issue to him on payment of $7.75.

O.C. 2704-84, s. 12.

13. The board shall reimburse a person whose licence application is refused for the duties paid when the licence was applied for, except the administrative charges.

O.C. 2704-84, s. 13; O.C. 593-91, s. 7.

13.1. The duties and fees payable under this Regulation, except the variable duties referred to in paragraphs 2 and 3 of section 4.1 and in section 4.2, 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 $1.00, they are increased by $1.00; and

(4)  where the annual increase resulting from the adjustment is greater than $1.00,

(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.

For the purposes of the first paragraph, the board is to publish each year, after their determination, the new duties and fees by means of a notice in Part 1 of the Gazette officielle du Québec and, if the board considers it appropriate, by any other means.

O.C. 1053-2011, s. 1; O.C. 1075-2014, s. 4.

14. Licences issued under the Regulation respecting licences for lottery schemes (R.R.Q., 1981, chapter L-6, r. 6) remain in force until the date when they would have expired under the said Regulation. Their holders may, until that date, carry on the activities authorized by the licences.

O.C. 2704-84, s. 14.

15. This Regulation replaces the Regulation respecting licences for lottery schemes (R.R.Q., 1981, chapter L-6, r. 6).

O.C. 2704-84, s. 15.

16. (Omitted).

O.C. 2704-84, s. 16.

REFERENCES

O.C. 2704-84, 1985 G.O. 2, 11 and 365

O.C. 1241-85, 1985 G.O. 2, 2147

O.C. 593-91, 1991 G.O. 2, 1653

O.C. 270-96, 1996 G.O. 2, 1536

O.C. 1269-97, 1997 G.O. 2, 5110

O.C. 510-98, 1998 G.O. 2, 1621

O.C. 1107-2007, 2007 G.O. 2, 4009

O.C. 1053-2011, 2011 G.O. 2, 3043

O.C. 1075-2014, 2014 G.O. 2, 2779

S.Q. 2020, c. 5, ss. 236 and 237