Lotteries and Gaming Saskatchewan Regulations, SR 44/2023

1 LOTTERIES AND GAMING SASKATCHEWAN SR 44/2023 The Lotteries and Gaming Saskatchewan Regulations being Saskatchewan Regulations 44/2023 (effective June 1, 2023) as amended by Saskatchewan Regulations 131/2023. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 SR 44/2023 LOTTERIES AND GAMING SASKATCHEWAN Table of Contents PART 1 PART 4 Preliminary Matters Métis Development Fund 1-1 Title 4-1 Definitions for Part 1-2 Definitions 4-2 Required payments to the fund 1-3 Video lottery scheme PART 5 PART 2 Métis Development Fund Lotteries and Gaming Saskatchewan 5-1 Definitions for Part 2-1 Definition 5-2 Required payments to the fund 2-2 Restriction PART 6 2-3 Selling agents General 2-4 Corporation may make agreements 6-1 RRS c I-12 Reg 2 repealed PART 3 6-2 Coming into force Trust Account 3-1 Minister may make agreements 3-2 Trust account 3-3 Report and inspection 3-4 Report of recipients 3-5 Minister may extend time 3-6 Minister to determine eligibility 3 LOTTERIES AND GAMING SASKATCHEWAN SR 44/2023 SASKATCHEWAN REGULATIONS 44/2023 The Lotteries and Gaming Saskatchewan Corporation Act PART 1 Preliminary Matters Title 1‑1 These regulations may be cited as The Lotteries and Gaming Saskatchewan Regulations. Definitions 1‑2 In these regulations: “Act” means The Lotteries and Gaming Saskatchewan Corporation Act; “designated organization” means the non-profit organization designated by the corporation pursuant to subclause 2-12(1)(a)(iv) of the Act; “Indian band” means a band as defined in the Indian Act (Canada) and includes the council of a band; “net profits of a lottery scheme” means the amount of the net sales of a lottery scheme that remains after deducting from those sales the total costs, including the cost for prizes, incurred by: (a) the organization authorized by the corporation pursuant to subclause 2-12(1)(a)(ii) or (iii) of the Act to conduct and manage the lottery scheme; and (b) the designated organization for marketing the lottery scheme; “net sales of a lottery scheme” means the amount of the proceeds from the sale of lottery tickets from a lottery scheme less the total of the amounts attributed to free tickets given as prizes; “non‑profit organization” means a corporation to which Part 1 of The Non‑profit Corporations Act, 2022 applies; “retailer” means a person appointed by the designated organization to sell lottery tickets to the public; “Saskatchewan Gaming Corporation casino gaming net profits” means Saskatchewan Gaming Corporation casino gaming net profits as defined in subsection 5-1(2) of the Act; “trust account” means the trust account continued pursuant to subsection 3-2(1). 9 jun 2023 SR 44/2023 s1-2. 4 SR 44/2023 LOTTERIES AND GAMING SASKATCHEWAN Video lottery scheme 1‑3(1) In this section: “video lottery scheme” means any lottery scheme that is operated on or through a video lottery terminal; “video lottery terminal” means a machine or device that: (a) allows a person to play a game in which, through the insertion of money or other payment of lawful currency, a person may play a game in which by chance the person may receive a credit that may be redeemed for further play or money; and (b) is a slot machine within the meaning of section 198 of the Criminal Code. (2) These regulations do not apply to a video lottery scheme. 9 Jne 2023 SR 44/2023 s1-3. PART 2 Lotteries and Gaming Saskatchewan Definition 2‑1 In this Part and in Part 3, “minister” means the member of the Executive Council to whom for the time being the administration of Part 8 of the Act is assigned. 9 Jne 2023 SR 44/2023 s2-1. Restriction 2‑2 The designated organization shall market only lottery schemes that: (a) are conducted and managed by the designated organization; and (b) are acceptable to the corporation. 9 Jne 2023 SR 44/2023 s2-2. Selling agents 2‑3(1) The designated organization may distribute, or engage other non-profit organizations to distribute, lottery tickets to retailers. (2) Subject to subsection (3) and to the approval of the corporation, the designated organization may determine the sales commission to be paid to a retailer with respect to the lottery scheme. (3) No retailer shall retain as a sales commission more than 10% of the sale price of each lottery ticket. 9 Jne 2023 SR 44/2023 s2-3. 5 LOTTERIES AND GAMING SASKATCHEWAN SR 44/2023 Corporation may make agreements 2‑4(1) The corporation may enter into agreements with the designated organization: (a) subject to the approval of the Lieutenant Governor in Council: (i) for the marketing of lottery tickets that are part of a lottery scheme; (ii) to set the amount of the annual fee payable with respect to the marketing of lottery tickets mentioned in subclause (i); and (iii) to direct the designated organization to pay funds that relate to the conduct and management of lottery schemes, including payments to: (A) the corporation pursuant to subclause (ii); and (B) the Government of Canada for agreeing not to conduct lottery schemes in Saskatchewan; (b) to receive reports and make inquiries respecting lottery schemes; and (c) concerning any other matters relating to the corporation’s authority to conduct and manage lottery schemes or in relation to the delegation of that authority. (2) The corporation shall remit the funds collected by it pursuant to clause (1)(a) to the general revenue fund monthly or on any other frequency that the corporation and the minister may agree to from time to time. (3) Any payment necessary as the result of an agreement entered into by the corporation pursuant to subsection (1) may be paid out of the trust account in accordance with the terms of the agreement described in section 3-1. 9 Jne 2023 SR 44/2023 s2-4; 22 Dec 2023 SR 131/2023 s2. PART 3 Trust Account Minister may make agreements 3‑1 The minister may enter into agreements: (a) with the designated organization for the distribution of the net profits of the lottery scheme marketed by the designated organization to organizations, agencies and persons who are eligible pursuant to section 3-6; and (b) with any organizations, agents or persons mentioned in clause (a) for the use of the net profits of the lottery scheme. 9 Jne 2023 SR 44/2023 s3-1. 6 SR 44/2023 LOTTERIES AND GAMING SASKATCHEWAN Trust account 3‑2(1) The trust account continued by the designated organization pursuant to The Interprovincial Lotteries Regulations, 1994, as those regulations existed on the day before the coming into force of these regulations, is continued. (2) All of the net profits of the lottery scheme are to be credited to the trust account. (3) Subject to clause 2-4(1)(c), the trust account is to be administered in accordance with the terms of the agreement described in section 3-1 and any directions given by the minister. (4) Any payments necessary as the result of an agreement entered into by the minister pursuant to section 3-1 are to be paid out of the trust account. 9 Jne 2023 SR 44/2023 s3-2. Report and inspection 3‑3 The designated organization shall: (a) within 90 days after the end of its fiscal year, provide the minister and the corporation with an annual statement of: (i) the activities of the lottery scheme and trust account; (ii) an audited statement of its accounts with respect to the lottery scheme and trust account; (iii) a list of the organizations, agencies and persons who shared in the net profits of the scheme and the amounts they received; (iv) the total amount paid out of the trust account; and (v) the total amounts paid pursuant to clause 2-4(1)(c); (b) make available for inspection by the minister or the corporation any documents with respect to the lottery scheme or the trust account that the minister or corporation considers appropriate; and (c) comply with any further reporting and inspection requirements contemplated by agreements made pursuant to subsection 2-4(1) or section 3-1. 9 Jne 2023 SR 44/2023 s3-3. Report of recipients 3‑4 Every organization, agency and person that shared in the net profits of a lottery scheme marketed by the designated organization shall, within 90 days after the end of its fiscal year, provide the minister with an audited statement showing: (a) the amount of money the organization, agency or person received from the trust account; and (b) the objects or uses for which the money was used and the amount of money expended for each object or use. 9 Jne 2023 SR 44/2023 s3-4. 7 LOTTERIES AND GAMING SASKATCHEWAN SR 44/2023 Minister may extend time 3‑5 Notwithstanding sections 3-3 and 3-4, if the minister considers it appropriate, the minister may extend the period for filing a statement by the designated organization or an organization, agency or person. 9 Jne 2023 SR 44/2023 s3-5. Minister to determine eligibility 3‑6(1) Subject to subsection (2), the minister shall determine the organizations, agencies and other persons who are eligible to share in the net profits of any lottery scheme marketed by the designated organization. (2) No organization, agency or other person is eligible to share in the net profits of a lottery scheme marketed by the designated organization unless: (a) it is a non-profit organization that has as its object the promotion of sport, culture or recreation; (b) it is a municipality, or an Indian band, that is conducting or promoting programs for sport, culture or recreation; or (c) it is not for profit, and has as its primary purpose the promotion of sport, culture or recreation. 9 Jne 2023 SR 44/2023 s3-6. PART 4 Métis Development Fund Definitions for Part 4‑1 In this Part: “fund” means the fund designated as the Métis Development Fund; “minister” means the member of the Executive Council to whom for the time being the administration of Part 6 of the Act is assigned. 9 Jne 2023 SR 44/2023 s4-1. Required payments to the fund 4‑2(1) The minister shall estimate the Saskatchewan Gaming Corporation casino gaming net profits for each fiscal year. (2) Subject to subsection (8), the minister may pay to the fund, out of moneys appropriated by the Legislature for the fund, an amount P calculated in accordance with the following formula: P = (0.2 x NP ) + (0.5 x NP ) 1 2 where: NP is the estimated Saskatchewan Gaming Corporation casino gaming net 1 profits for that fiscal year up to $10 million; and 8 SR 44/2023 LOTTERIES AND GAMING SASKATCHEWAN NP is the estimated Saskatchewan Gaming Corporation casino gaming net 2 profits for that fiscal year, if any, that exceed $10 million. (3) The minister is to pay the amount calculated in accordance with subsection (2): (a) in more or less equal quarterly instalments; and (b) at the times agreed to by the minister and the management board. (4) At the end of each fiscal year, the minister shall determine the actual Saskatchewan Gaming Corporation casino gaming net profits for that fiscal year. (5) Subject to the minister’s right to withhold moneys from the fund pursuant to subsection (7), if the amount paid to the fund pursuant to subsection (2) for a fiscal year is less than the calculated payment for that fiscal year based on the actual Saskatchewan Gaming Corporation casino gaming net profits mentioned in subsection (4), the minister shall pay from the general revenue fund to the fund an amount equal to that difference. (6) If the amount paid to the fund pursuant to subsection (2) for a fiscal year is greater than the calculated payment for that fiscal year based on the actual Saskatchewan Gaming Corporation casino gaming net profits mentioned in subsection (4), an amount equal to that difference: (a) is a debt due to the Government of Saskatchewan; and (b) is payable by the fund to the Government of Saskatchewan. (7) The minister may collect any debt due pursuant to subsection (6) by withholding an amount equal to the debt from any future amounts to be paid from the general revenue fund to the fund or in any other manner allowed by law. (8) In no event is the total amount calculated in accordance with subsection (2) and the amount of moneys to be paid to the Community Initiatives Fund pursuant to subsection 5-2(2) to exceed 25% of the Saskatchewan Gaming Corporation casino gaming net profits for that fiscal year. 9 Jne 2023 SR 44/2023 s4-2. PART 5 Community Initiatives Fund Definitions for Part 5‑1 In this Part: “fund” means the Community Initiatives Fund; “minister” means the member of Executive Council to whom for the time being the administration Part 7 of the Act is assigned. 9 Jne 2023 SR 44/2023 s5-1. 9 LOTTERIES AND GAMING SASKATCHEWAN SR 44/2023 Required payments to the fund 5‑2(1) At the beginning of each fiscal year, the minister shall estimate Saskatchewan Gaming Corporation casino gaming net profits for that fiscal year. (2) Subject to subsection (8), the minister may pay to the Community Initiatives Fund, out of moneys appropriated by the Legislature for the fund, an amount P calculated in accordance with the following formula: P = (0.8 x NP ) + (0.5 x NP ) 1 2 where: NP is the estimated Saskatchewan Gaming Corporation casino gaming net 1 profits for that fiscal year up to $10 million; and NP is the estimated Saskatchewan Gaming Corporation casino gaming net 2 profits for that fiscal year, if any, that exceed $10 million. (3) The minister is to pay the amount mentioned in subsection (2): (a) in more or less equal quarterly instalments; and (b) at the times agreed to by the minister and the board of trustees. (4) At the end of each fiscal year, the minister shall determine the actual Saskatchewan Gaming Corporation casino gaming net profits for that fiscal year. (5) Subject to the minister’s right to withhold moneys from the fund pursuant to subsection (7), if the amount paid to the fund pursuant to subsection (2) for a fiscal year is less than the calculated payment for that fiscal year based on the actual Saskatchewan Gaming Corporation casino gaming net profits mentioned in subsection (4), the minister shall pay from the general revenue fund to the fund an amount equal to that difference. (6) If the amount paid to the fund pursuant to subsection (2) for a fiscal year is greater than the calculated payment for that fiscal year based on the actual Saskatchewan Gaming Corporation casino gaming net profits mentioned in subsection (4), an amount equal to that difference: (a) is a debt due to the Government of Saskatchewan; and (b) is payable by the fund to the Government of Saskatchewan. (7) The minister may collect any debt due pursuant to subsection (6) by withholding an amount equal to the debt from any future amounts to be paid from the general revenue fund to the fund or in any other manner allowed by law. 10 SR 44/2023 LOTTERIES AND GAMING SASKATCHEWAN (8) In no event is the total amount calculated in accordance with subsection (2) and the amount of the moneys to be paid to the Métis Development Fund pursuant to subsection 4-2(2) to exceed 25% of the Saskatchewan Gaming Corporation casino gaming net profits for that fiscal year. 9 Jne 2023 SR 44/2023 s5-2. PART 6 General RRS c I‑12 Reg 2 repealed 6‑1 The Interprovincial Lotteries Regulations, 1994 are repealed. 9 Jne 2023 SR 44/2023 s5-2. Coming into force 6‑2(1) Subject to subsection (2), these regulations come into force on June 1, 2023. (2) If these regulations are filed with the Registrar of Regulations after June 1, 2023, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 9 Jne 2023 SR 44/2023 s5-2. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2023