Gaming Control Act, 1992, S.O. 1992, c. 24

• Jurisdiction: Ontario

Gaming Control Act, 1992

S.O. 1992, Chapter 24

Consolidation Period: From July 1, 2023 to the e-Laws currency date.

Last amendment: 2020, c. 36, Sched. 18.

CONTENTS

Part I
Definitions

Definitions

1 (1) In this Act,

“Board” means the board of the Alcohol and Gaming Commission of Ontario continued under the Alcohol and Gaming Commission of Ontario Act, 2019; (“conseil”)

“gaming event” means an occasion on which a lottery scheme is played; (“activité de jeu”)

“gaming site” means premises or an electronic channel maintained for the purpose of playing or operating a lottery scheme; (“site de jeu”)

“licence” means a licence issued under the Criminal Code (Canada), by or under the authority of the Lieutenant Governor in Council, to conduct or manage a lottery scheme; (“licence”)

“licensee” means a person to whom a licence is issued; (“titulaire de licence”)

“lottery scheme” has the same meaning as in subsection 207 (4) of the Criminal Code (Canada); (“loterie”)

“lottery subsidiary” means the lottery subsidiary within the meaning of the Alcohol and Gaming Commission of Ontario Act, 2019; (“filiale des loteries”)

“person” means an individual, corporation, organization, association or partnership; (“personne”)

“registered gaming assistant” means an individual registered as a gaming assistant under this Act; (“préposé au jeu inscrit”)

“registered supplier” means a person registered as a supplier under this Act; (“fournisseur inscrit”)

“Registrar” means the Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019; (“registrateur”)

“regulations” means the regulations made under this Act; (“règlements”)

“Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or whatever other tribunal is prescribed by the regulations. (“Tribunal”) 1992, c. 24, s. 1; 1993, c. 25, s. 26 (1, 2); 1996, c. 26, s. 4 (1, 2); 1999, c. 12, Sched. L, s. 19 (1, 2); 2002, c. 18, Sched. E, s. 4 (1, 2); 2011, c. 1, Sched. 1, s. 3 (1); 2011, c. 9, Sched. 17, s. 1 (2-5); 2018, c. 12, Sched. 2, s. 52; 2019, c. 15, Sched. 1, s. 21; 2020, c. 36, Sched. 18, s. 1.

(2) Repealed: 2002, c. 18, Sched. E, s. 4 (3).

Section Amendments with date in force (d/m/y)

1993, c. 25, s. 26 (2) - 11/02/1994; 1996, c. 26, s. 4 (1) - 22/02/1998; 1999, c. 12, Sched. L, s. 19 (1, 2) - 01/04/2000

2002, c. 18, Sched. E, s. 4 (1-3) - 28/02/2003

2011, c. 1, Sched. 1, s. 3 (1) - 01/07/2011; 2011, c. 9, Sched. 17, s. 1 (2-5) - 01/06/2012

CTS 15 JL 16 - 1

2018, c. 12, Sched. 2, s. 52 - 16/11/2018

2019, c. 15, Sched. 1, s. 21 (1-2) - 29/11/2021

2020, c. 36, Sched. 18, s. 1 (1) - 06/07/2021; 2020, c. 36, Sched. 18, s. 1 (2) - 01/07/2023

1.1, 1.2 Repealed: 1996, c. 26, s. 4 (4).

Section Amendments with date in force (d/m/y)

1996, c. 26, s. 4 (4) - 22/02/1998

Part I.1
OPeration of lottery Schemes

Prohibitions re minors

2 (1) No person who is authorized to sell lottery tickets, and no person acting on such a person’s behalf, shall sell a lottery ticket to an individual under 18 years of age. 2011, c. 9, Sched. 17, s. 2 (2).

Exception

(2) Subsection (1) is not contravened if the person sells a lottery ticket to an individual relying on documentation of a type prescribed by the regulations and if there is no apparent reason to doubt the authenticity of the documentation or to doubt that it was issued to the individual producing it. 2011, c. 9, Sched. 17, s. 2 (2).

Entry

(3) No individual who is under 19 years of age shall enter or remain in a gaming site, except for an individual acting in the course of employment. 2011, c. 9, Sched. 17, s. 2 (2).

Playing

(4) No person shall permit an individual under 19 years of age to play a lottery scheme in a gaming site. 2011, c. 9, Sched. 17, s. 2 (2).

Facilitating playing

(5) No person shall facilitate a contravention of subsection (4). 2011, c. 9, Sched. 17, s. 2 (2).

Entry during play

(6) No individual shall enter or remain in a gaming site contrary to the regulations during the playing of a lottery scheme in the gaming site. 2011, c. 9, Sched. 17, s. 2 (2).

Same, Registrar’s direction

(7) No individual shall enter or remain in a gaming site during the playing of a lottery scheme if the Registrar has served a direction on the individual in accordance with the regulations to leave or not to enter the gaming site. 2011, c. 9, Sched. 17, s. 2 (2).

Human Rights Code

(8) This section shall be deemed not to infringe the right of a person under section 1 of the Human Rights Code to equal treatment with respect to services, goods and facilities without discrimination because of age. 2011, c. 9, Sched. 17, s. 2 (2).

Section Amendments with date in force (d/m/y)

1996, c. 26, s. 4 (5) - 22/02/1998

2011, c. 9, Sched. 17, s. 2 (2) - 01/06/2012

3 Repealed: 1996, c. 26, s. 4 (6).

Section Amendments with date in force (d/m/y)

1996, c. 26, s. 4 (6) - 22/02/1998

3.1-3.5 Repealed: 1996, c. 26, s. 4 (7).

Section Amendments with date in force (d/m/y)

1996, c. 26, s. 4 (7) - 22/02/1998

Exclusion of individuals

3.6 (1) In accordance with the regulations, the Registrar may issue a written direction to the person who conducts and manages a lottery scheme in a gaming site requiring it to refuse access to the site to any individual who meets the criteria prescribed by the regulations or to refuse to allow such an individual to play a lottery scheme in the site. 2011, c. 9, Sched. 17, s. 3 (1).

Non-application of SPPA

(2) The Statutory Powers Procedure Act does not apply to the exercise of the Registrar’s power to issue a direction. 2011, c. 1, Sched. 1, s. 3 (3).

No appeal

(3) A direction of the Registrar is final and not subject to appeal. 2011, c. 1, Sched. 1, s. 3 (3).

List of individuals

(4) A direction shall name the individuals to whom access to a gaming site is to be refused. 1993, c. 25, s. 30; 1999, c. 12, Sched. L, s. 19 (4); 2011, c. 9, Sched. 17, s. 3 (2).

Notice

(5) Upon issuing a direction, the Registrar shall, in accordance with the regulations, serve a copy of it on the individuals named in it. 1993, c. 25, s. 30; 2002, c. 18, Sched. E, s. 4 (4); 2011, c. 1, Sched. 1, s. 3 (4).

Offence

(6) No individual named in a direction shall enter or remain in a gaming site or play a lottery scheme conducted and managed on the site after being served with a copy of the direction. 2011, c. 9, Sched. 17, s. 3 (3).

Section Amendments with date in force (d/m/y)

1993, c. 25, s. 30 - 11/02/1994; 1999, c. 12, Sched. L, s. 19 (3-5) - 01/04/2000

2002, c. 18, Sched. E, s. 4 (4) - 28/02/2003

2011, c. 1, Sched. 1, s. 3 (2-4) - 01/07/2011; 2011, c. 9, Sched. 17, s. 3 (1-3) - 01/06/2012

Rules of play

3.7 The Board may approve in writing rules of play for the playing of lottery schemes conducted and managed by the Ontario Lottery and Gaming Corporation or by the lottery subsidiary if the regulations have not prescribed rules of play. 1999, c. 12, Sched. L, s. 19 (6); 2002, c. 18, Sched. E, s. 4 (4); 2011, c. 9, Sched. 17, s. 4; 2020, c. 36, Sched. 18, s. 2.

Section Amendments with date in force (d/m/y)

1999, c. 12, Sched. L, s. 19 (6) - 01/04/2000

2002, c. 18, Sched. E, s. 4 (4) - 28/02/2003

2011, c. 9, Sched. 17, s. 4 - 01/06/2012

2020, c. 36, Sched. 18, s. 2 - 06/07/2021

Other standards and requirements

3.8 (1) If the regulations have not prescribed standards and requirements for a matter described in this section, the Registrar may establish in writing standards and requirements for the conduct, management and operation of gaming sites, lottery schemes or businesses related to a gaming site or a lottery scheme or for goods or services related to that conduct, management or operation if the standards and requirements deal with,

(a) prohibiting or restricting certain persons from entering gaming sites or playing lottery schemes;

(b) the prevention of unlawful activities;

(c) the integrity of a lottery scheme;

(d) surveillance, security and access related to gaming sites or lottery schemes;

(e) internal controls;

(f) the protection of assets, including money and money equivalents;

(g) the protection of players and responsible gambling; and

(h) the keeping of records, including financial records. 2011, c. 9, Sched. 17, s. 5.

Not regulations

(2) Standards and requirements that the Registrar establishes under subsection (1) are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2011, c. 9, Sched. 17, s. 5.

Duty of compliance

(3) Registrants shall comply with standards and requirements that the Registrar establishes under subsection (1). 2011, c. 9, Sched. 17, s. 5.

Section Amendments with date in force (d/m/y)

1996, c. 26, s. 4 (7) - 22/02/1998

2011, c. 9, Sched. 17, s. 5 - 01/06/2012

Lottery schemes of OLGC

3.9 (1) If the Ontario Lottery and Gaming Corporation or the lottery subsidiary conducts and manages a lottery scheme, it shall ensure that the lottery scheme, the gaming site for the lottery scheme and businesses related to the gaming site or lottery scheme are conducted, managed and operated in accordance with,

(a) the rules of play prescribed by the regulations;

(b) the rules of play approved in writing by the Board for lottery schemes, if none have been prescribed by the regulations; and

(c) the standards and requirements prescribed by the regulations or established by the Registrar under section 3.8. 2011, c. 9, Sched. 17, s. 5; 2020, c. 36, Sched. 18, s. 3 (1).

Employees, etc.

(2) If the Ontario Lottery and Gaming Corporation or the lottery subsidiary conducts and manages a lottery scheme, every employee or other person retained by the Corporation or the lottery subsidiary for the purpose of conducting and managing the lottery scheme shall comply with the standards and requirements prescribed by the regulations or established by the Registrar under section 3.8. 2020, c. 36, Sched. 18, s. 3 (2).

Section Amendments with date in force (d/m/y)

1996, c...