Gaming licenses bill tightens rules

Summary#

Bill 10, An Act to Amend the Gaming Control Act, would amend New Brunswick’s existing Gaming Control Act. Its text does not state a broader goal. This is the first-reading version, not law; it would come into force on a day set by proclamation.

  • For applications under either of the cited Criminal Code paragraphs, the Registrar or another person or authority specified by the Lieutenant-Governor in Council may issue or renew a licence. Issuing or renewing remains discretionary.
  • Applicants must use a form provided by the Registrar.
  • For licences issued or renewed under Criminal Code paragraph 207(1)(f), the Registrar may, on the licensee’s written request, allow records to be kept outside New Brunswick, subject to conditions.
  • Those licensees must use the net proceeds from tickets sold in New Brunswick for charitable or religious purposes within the province, as regulations require. “Net proceeds” means gross proceeds minus approved administrative expenses and prize costs.
  • The bill gives no new authority to automatically issue licences, and it does not create a new independent agency.

What it means for you#

  • Charitable or religious organizations applying for a licence: You would have to apply on the Registrar’s form. The Registrar, or another authority named by the Lieutenant-Governor in Council, may issue or renew a licence if the application meets the requirements. The bill leaves the existing application requirements that follow the amended wording in place.
  • Organizations licensed under paragraph 207(1)(f): You would have to use the net proceeds from tickets sold in the province for charitable or religious purposes within New Brunswick, under requirements set by regulation.
  • Those licensees keeping records outside the province: You could ask the Registrar in writing for permission. Permission is not automatic, and the Registrar may set conditions.
  • The Registrar and any authority named by the Lieutenant-Governor in Council: The Registrar must provide the application form and may decide licence applications, record-location requests, and which administrative expenses are approved. The bill does not say how those decisions must be made.

Money#

No cost information is in the available material.

  • The bill gives no spending amount, budget, or estimate of administrative or compliance costs.
  • Organizations may face costs to meet the proceeds and recordkeeping rules, but the material does not estimate them.

What is unclear#

  • The Gaming Control Act itself was not supplied, so the current rules and the full requirements that licence applications must meet could not be checked against current law.
  • The bill refers to Criminal Code paragraphs 207(1)(b) and (f), but the supplied material does not explain which lottery schemes or organizations fall under each paragraph.
  • Regulations must set requirements for use of net proceeds, but their content is not provided. The bill does not set a deadline or decision process for requests to keep records outside the province.
  • The bill does not explain how another licensing authority would be selected or how its decisions would relate to the Registrar’s role.
  • The supplied text is the first-reading version only. No later amendment text is provided, so it is not possible to say whether amendments were later proposed or adopted.

Case for#

  • A possible argument for the bill is that it sets a clear provincial-use rule for net proceeds from tickets sold in New Brunswick under paragraph 207(1)(f).
  • Allowing records to be kept outside the province with the Registrar’s permission could offer flexibility while keeping a provincial decision-maker involved.
  • Providing a standard form could make licence applications more consistent.

Case against#

  • The bill gives the Registrar discretion over licences, record-location requests, and approved administrative expenses, but does not set decision criteria or timelines in the supplied text.
  • The local-use rule may limit how organizations can use proceeds from in-province ticket sales. The regulations that would define the requirements are not included.
  • Because the bill leaves key details to regulations and does not estimate costs, organizations cannot tell from this text what compliance would require or cost.