BILL 46

An Act to Amend the Lotteries Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 10.2 of the Lotteries Act, chapter L-13.1 of the Acts of New Brunswick, 1976, is repealed.

2 Paragraph 11.2(4)(b) of the Act is repealed and the following is substituted:

(b) the Commission may pay to the band the difference between the net profits of the Commission, after provision for prizes and the payment of expenses, from a lottery scheme on the band’s reserve that utilizes video gaming devices and five per cent of the net profits, after provision for prizes and the payment of expenses, from such lottery scheme.

3 Paragraph 16(1)(f) of the Act is repealed and the following is substituted:

(f) subject to section 10.1, prescribing the time and manner that the net profits of the Commission are to be paid into the Consolidated Fund;

4(1) Subsection 1(2) of the Environmental Trust Fund Act, chapter E-9.3 of the Acts of New Brunswick, 1990, is repealed.

4(2) Paragraph 3(b) of the Act is repealed and the following is substituted:

(b) reimburse any department, corporation or agency of the Government of the Province that makes an advance so as to provide financing for any of the costs incurred for any of the purposes set out in paragraph (a).

5 This Act shall be deemed to have come into force on April 1, 2000.

EXPLANATORY NOTES

Section 1

The existing provision is as follows:

10.2(1) Notwithstanding section 10 and subject to subsection (2), the net profits of the Commission, after provision for prizes, the payment of expenses and any payment under paragraph 11.2(3)(b), from a lottery scheme that utilizes video gaming devices shall be paid into the Environmental Trust Fund.

10.2(2) If, in any year, the net profits of the Commission, after provision for prizes, the payment of expenses and any payment under paragraph 11.2(3)(b), from a lottery scheme that utilizes video gaming devices exceeds ten million dollars, the excess shall be paid into the Consolidated Fund.

Section 2

The amendment is consequential on the amendment made in section 1 of this amending Act. The existing provision is as follows:

11.2(4) Where an agreement entered into under subsection (1) is in force and there is no breach of any of its terms or conditions,…

(b) the Commission may pay to the band the difference between the net profits of the Commission, after provision for prizes and the payment of expenses, from a lottery scheme on the band’s reserve that utilizes video gaming devices and five per cent of the net profits, after provision for prizes and the payment of expenses, from such lottery scheme, and the payment shall be made to the band before money is deposited under section 10.2.

Section 3

The amendment is consequential on the amendment made in section 1 of this amending Act. The existing provision is as follows:

16(1) The Lieutenant-Governor in Council may make such regulations as he considers necessary for the purpose of this Act and without limiting the generality of the foregoing may make regulations…

(f) subject to sections 10.1 and 10.2, prescribing the time and manner that the net profits of the Commission are to be paid into the Consolidated Fund;

Section 4

(1) The amendment is consequential on the amendment made in section 1 of this amending Act. The existing provision is as follows:

1(2) Subject to subsection 10.2(2) of the Lotteries Act, the net profits of the Lotteries Commission of New Brunswick, after provision for prizes, the payment of expenses and any payment under paragraph 11.2(3)(b) of the Lotteries Act, from the lottery scheme that utilizes video gaming devices shall be paid into the Environmental Trust Fund.

(2) The amendment is consequential on the amendment made in section 1 of this amending Act. The existing provision is as follows:

3 The assets of the Environmental Trust Fund shall be used to…

(b) reimburse any department, corporation or agency of the Government of the Province who, before money is deposited in the Environmental Trust Fund under section 10.2 of the Lotteries Act, makes an advance so as to provide financing for any of the costs incurred for any of the purposes set out in paragraph 3(a).

Section 5

Commencement provision.