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Bingo Regulations
made under Section 127 of the
Gaming Control Act
S.N.S. 1994-95, c. 4
O.I.C. 95-256 (April 4, 1995, effective July 1, 1995), N.S. Reg. 37/95
as amended up to O.I.C. 2008-176 (March 26, 2008, effective April 1, 2008), N.S. Reg. 168/2008
1 These regulations may be cited as the Bingo Regulations.
2 In these regulations
(a) “accountant” means
(i) a public accountant within the meaning of the Public Accountants Act, or
(ii) a person who provides services in the nature of the investigation or audit of accounting records, the preparation of balance sheets, profit and loss statements and financial statements, bookkeeping, cost accounting, budget preparation, payroll preparation, preparation of tax returns and account reconciliation,
but does not include the services of any such public accountant or other such person acting as a liquidator, receiver, receiver-manager, trustee in bankruptcy or other like person;
(b) “Act” means the Gaming Control Act;
(c) “advertising” means any form of notice, the apparent purpose of which is to convey information to the public in and by newspaper or other printed publication, poster, circular notice, radio, television or any other form or medium of public communication;
(d) “approved premises” means real property configured for the purpose of conducting bingo, and which is licensed as a public place of amusement pursuant to the Theatres and Amusements Act;
(e) “bingo” means a licensed lottery scheme where
(i) a prize is awarded to a person who purchases a card or paper for a particular game and successfully completes a predetermined pattern on the card or paper from numbers generated at random at that game, and
(ii) the pattern is verified and the winner or winners declared;
(f) “bingo caller” means an individual who, on behalf of a licensee, operates the equipment used for the random selection of numbers, calls the numbers and verifies wins at a bingo event;
(g) “bingo card or paper” means a card or a sheet or booklet of sheets consisting of various rows and columns of numbers imprinted with serial and card numbers on each card or sheet;
(h) “bingo operating equipment” means any equipment used to conduct the game of bingo including random number selection equipment, bingo balls, number display boards and bingo cards, paper, verification books and electronic verifier, approved by the Commission;
(i) “card number” means a number, usually printed in the centre space of a bingo card or paper, that identifies the unique pattern of numbers printed on that bingo card or paper;
(j) “cash” means legal tender in paper currency or coin;
(k) “cash expenses” means all expenses paid by cash from gross receipts;
(l) “charitable, religious or community objects or purposes” means objects or purposes for
(i) the alleviation of poverty or the consequences of poverty,
(ii) education including the advancement of literacy,
(iii) the furthering of religious or societal values, or
(iv) any other purpose beneficial to the community;
(m) “charitable or religious organization” includes an organization that performs acts in furtherance of charitable, religious or community objects or purposes without profit or personal financial gain to its members;
(n) “checker” means a person authorized by a licensee to verify winning bingo numbers on a declared card;
(o) “commercial bingo licence” means a licence issued to a licensee whose objects or purposes are other than charitable, religious or community objects or purposes;
(p) “commercial premises” means premises, the owner or lessor of which, is other than a charitable or religious organization;
(q) “Commission” means the Alcohol and Gaming Authority*;
*[Note: The Gaming Control Commission and the Liquor License Board were amalgamated as the Alcohol and Gaming Authority by O.I.C. 97-470 dated July 15, 1997.]
(r) “declared card” means a card or paper claimed by a player to be the winning card or paper for a bingo game;
(s) “electronic verifier” means a computer program that is part of the bingo operating equipment approved by the Commission that lists and illustrates the unique pattern of numbers and card numbers of each bingo card or paper and is used to verify the authenticity of every winning bingo card or paper;
(t) “fair value” means the actual value or such sum as a willing buyer would pay and a willing seller would accept at arm's length;
(u) “gross receipts” means the total revenue derived from all sources in the conduct and management of a bingo event;
(v) “house rules” means written rules made by a licensee in addition to these regulations, for the purpose of the conduct and management of bingo at the premises of the licensee;
(w) “inspectors or auditors” means inspectors or auditors appointed pursuant to the Act or these regulations, members of the Royal Canadian Mounted Police or members of a municipal police force within the meaning of the regulations made pursuant to the Police Act;
(x) “licence” means a valid licence issued by the Commission under the Act and these regulations to conduct and manage bingo;
(y) “licensee” means a person named in a licence as being authorized to conduct and manage bingo;
(ya) “low revenue charitable bingo operator” means the operator for charitable, religious or community objects or purposes of a bingo that awards bingo prizes valued at not more than
(i) $30 000 over a 52 week period, and
(ii) $2500 for any single bingo event;
Original clause (ya) relettered (yb); clause 2(ya) added: O.I.C. 2002-10, N.S. Reg. 7/2002.
(yb) “net operating receipts” means gross receipts less cash prizes, cash payments made pursuant to subsection 6(6), all other expenses approved by the Commission in the licensee’s application which are incurred in the operation of a bingo event and all other expenses which, in the opinion of the Commission, are attributable to the conduct and management of a bingo event, including, but not limited to rent, bingo paper, promotion, administration and building maintenance expenses;
Clause 2(ya) added: O.I.C. 95-526, N.S. Reg. 109/95; replaced: O.I.C. 96-864, N.S. Reg. 172/96; relettered (yb): O.I.C. 2002-10, N.S. Reg. 7/2002.
(z) “net receipts” means gross receipts less cash prizes and any cash payments made pursuant to subsection 6(6), but such cash payments shall not include expenditures for bingo operating equipment;
Clause 2(z) replaced: O.I.C. 96-864, N.S. Reg. 172/96.
Section 2, Definition of “proceeds” repealed: O.I.C. 95-526, N.S. Reg. 109/95.
(aa) “serial number” means a unique number printed in the same manner on every bingo card or paper by the manufacturer or printer;
(ab) “special bingo game” means a lottery in respect of which an additional bingo card or paper is required to be purchased, and which offers a fluctuating prize;
(ac) “verification book” means a book compiled by the manufacturer or printer of bingo cards or papers, approved by the Commission, that lists and illustrates the unique pattern of numbers and card numbers on each bingo card or paper and is used to verify the authenticity of every winning bingo card or paper.
Licensing
3 (1) The Commission may, upon application by a person or religious or charitable organization, issue a licence to conduct and manage bingo.
(2) The Commission may prescribe such terms and conditions in a licence as it deems necessary for the proper administration of these regulations and may refuse to issue, amend or renew a licence where any requirement in these regulations concerning an application is incomplete, inaccurate or not fulfilled or where the Commission determines that to issue or renew such licence would not be in the public interest.
(3) The Commission shall not issue any new commercial bingo licences.
(4) Despite subsection (3) and subject to subsection (5), the Commission may annually renew a commercial bingo licence where that licence was issued prior to January 1, 1982 and the commercial bingo has been continuously in operation since the licence was first issued.
(5) The Commission shall not renew a commercial bingo licence where the status, including a change or location of the bingo premises, closure of the commercial bingo business, retirement or death of the principals of that business, bankruptcy, receivership or any other material characteristic of the holder of that licence has changed since that commercial bingo licence was first issued.
(6) No person or organization shall conduct, manage or advertise a bingo unless and until the person is the holder of a licence issued by the Commission.
(7) No person shall conduct, manage or advertise a bingo in Nova Scotia after July 1, 1995, unless the bingo operating equipment used or to be used in such bingo has been provided or supplied by or through a licensee under the Bingo Suppliers Regulations and no such person shall transfer title or possession of such equipment to another licensee under these regulations.
(8) Where a charitable or religious organization is an applicant for a bingo licence, it shall provide to the Commission evidence of valid current registration under the Societies Act to carry out charitable, religious or community objects or purposes or other documentation satisfactory to the Commission as to the charitable, religious or community objects or purposes of the applicant.
(9) Every applicant for a bingo licence or a renewal of such licence shall forward to the Commission an application showing
(a) the name of the person or religious or charitable organization;
(b) the address of the person or religious or charitable organization;
(c) the premises in which the bingo is to be held;
(d) the civic address of the premises;
(e) the owner of the premises;
(f) a description of the charitable or religious objects or purposes of the applicant and the manner in which the applicant intends to fulfil those objects and purposes;
(g) the purposes for which the funds raised by the bingo will be used;
(h) the date and time of the bingo;
(i) the selling price of bingo cards or papers for each bingo game;
(j) the names and addresses of suppliers of bingo operating equipment;
(k) the date and licence number of a valid licence issued pursuant to the Theatres and Amusements Act and referred to in subsection (11);
(l) the wages, salaries and other monetary considerations to be paid;
(m) the amount of payment to be made pursuant to subsection 8(1) and any leases or rental agreements described in subsection 23(5);
(n) the names, addresses, signatures and telephone numbers of not fewer than two authorized representatives of the applicant;
(o) in the case of an application for the renewal of a licence, evidence satisfactory to the Commission that the applicant has fulfilled all requirements of the previous licence,
together with the appropriate licence fees required pursuant to Section 8.
Subsection 3(9) amended: O.I.C. 2002-10, N.S. Reg. 7/2002.
(10) Every application, report or licence required under these regulations shall be in such form as the Commission may approve or prescribe.
(11) A licence shall not be issued unless the premises in which the bingo is to take place is licensed as a public place of amusement pursuant to the Theatres and Amusements Act.
(12) For purposes of the Act, commercial bingo shall be a designated game of chance and bingo operating equipment shall be designated goods and services when supplied to commercial and charitable or religious bingo.
4 A bingo licence is not transferable or assignable.
5 A licensee shall immediately notify the Commission of any changes in its suppliers of bingo operating equipment.
Receipts and expenses
6 (1) All net operating receipts from the conduct and management of a bingo shall be utilized within a reasonable time of their receipt for charitable, religious or community purposes as set out by the licensee in the application for a licence.
Subsection 6(1) replaced: O.I.C. 96-864, N.S. Reg. 172/96.
(2) The net operating receipts from the conduct and management of a bingo must constitute a minimum of 15% of gross receipts.
Original subsection 6(2) renumbered 6(6); subsection 6(2) added: O.I.C. 96-864, N.S. Reg. 172/96.
(3) The Commission may suspend or cancel a licence when, in the opinion of the Commission, the licensee’s gross receipts are likely to exceed $150 000 per annum and the rate of return to the licensee is less than 15%.
Subsection 6(3) added: O.I.C. 96-864, N.S. Reg. 172/96.
(4) Notwithstanding subsection 6(2), the Commission may vary the requirement of a 15% rate of return to the licensee when, in the opinion of the Commission, the licensee’s gross receipts per annum will likely be equal to or less than $150 000, and the Commission is satisfied that the licensee’s bingo operation is otherwise a benefit to the community.
Subsection 6(4) added: O.I.C. 96-864, N.S. Reg. 172/96.
(5) For the purpose of this Section, the term “rate of return to the licensee” means the ratio of net operating receipts to gross receipts.
Subsection 6(5) added: O.I.C. 96-864, N.S. Reg. 172/96.
(6) Wages, salaries and other monetary considerations may be paid, either directly or indirectly, for selling bingo cards or papers or for conducting, managing or assisting in the conduct or management of bingo, provided that such wages, salaries or other monetary considerations do not exceed the amounts set out in the application of the licensee.
Original subsection 6(2) renumbered 6(6): O.I.C. 96-864, N.S. Reg. 172/96.
Reporting
7 (1) A licensee shall forward to the Commission a financial report and required fees
(a) respecting a licence issued for a period not greater than 1 day, within 30 calendar days after the date on which the licence expires;
(b) respecting a licence issued for a period greater than 1 day, within 30 calendar days after the last working day of each calendar month during such period, commencing with the month in which the licence is issued; and
(c) the financial reports required under clauses (a) and (b) shall contain the following:
(i) the date of the bingo,
(ii) the attendance at each bingo,
(iii) the total gross receipts of each bingo,
(iv) the cash expenses of the bingo,
(v) the total value of all prizes awarded,
(vi) the total number of cards and papers sold and the selling price of each card or paper,
(vii) the amount of fees calculated as prescribed in Section 8, together with payment to the Commission of any outstanding fees,
(viii) the total amount deposited to the account of the licensee, and
(ix) a statement of disbursements to each charitable or religious organization, including the names and addresses of payees.
(2) All licensees shall keep for 3 years, bingo reports which are to be completed immediately following each bingo and retained to assist in compiling financial reports referred to in subsection (1).
Fees and charges
8 (1) Fees for a licence on original issue and renewal are payable to the Commission as follows:
(a) for a charitable bingo licence
(i) $27.14 for a one-day to 12-month licence term, or
Subclause 8(1)(a)(i) amended: O.I.C. 2008-176, N.S. Reg. 168/2008.
(ii) $81.40 for a 3-year licence term;
Subclause 8(1)(a)(ii) amended: O.I.C. 2008-176, N.S. Reg. 168/2008.
Clause 8(1)(a) replaced: O.I.C. 2002-10, N.S. Reg. 7/2002.
(b) where a commercial bingo licensee is authorized in the licence to conduct bingo
(i) on one or more days per week, $289.76 multiplied by the number of days of bingo authorized in the licence to be conducted per week; or
Subclause 8(1)(b)(i) amended: O.I.C. 2008-176, N.S. Reg. 168/2008.
(ii) less often than one day per week, $289.76.
Subclause 8(1)(b)(ii) amended: O.I.C. 2008-176, N.S. Reg. 168/2008.
Subsection 8(1) replaced: O.I.C. 2000-450, N.S. Reg. 156/2000; amended: O.I.C. 2002-10, N.S. Reg. 7/2002.
(2) Licence prize fees are payable to the Commission as follows:
(a) a charitable licensee shall pay 2.13% of the fair value of all prizes awarded; and
Clause 8(2)(a) amended: O.I.C. 2004-138, N.S. Reg. 73/2004.
(b) a commercial licensee shall pay 11.59% of the fair value of all prizes awarded.
Clause 8(2)(b) amended: O.I.C. 2008-176, N.S. Reg. 168/2008.
(3) The Executive Director may determine the fair value of any prizes awarded by a licensee for purposes of these regulations.
(4) Fees payable pursuant to these regulations are not refundable.
(5) No person shall be charged an admission fee for entrance to a licensed bingo.
(6) No bingo card or paper shall be provided free of charge or sold at a reduced price.
(7) A licensee who conducts or manages a bingo shall not make any advance or loan of cash or credit to enable a player to play bingo.
(8) Bingo cards may not be reserved by the licensee for any player, except braille cards intended for use by visually impaired players.
(9) Visually impaired players may bring and use their own cards if the licensee does not make them available.
Accounts
9 (1) A licensee shall maintain, at a deposit-taking financial institution within the Province, a separate account for all net receipts from the operation of a bingo and shall deposit the net receipts in such account immediately following each bingo event.
(2) The licensee shall obtain legible receipts, showing the name and residential address of the payee, for all cash expenses from gross receipts, and shall keep all receipts for a period of not less than 3 years and in the event of legal proceedings, the receipts shall be kept pending the outcome of the proceedings.
(3) Subject to subsection (2), all expenses in relation to a bingo shall be paid by cheque from the account described in subsection (1).
Amendment, suspension, cancellation
10 The Commission may amend, suspend or cancel a licence where
(a) a licensee provides any incorrect information on its application;
(b) the licensee does not provide the Commission with changes to information contained in the application within 15 days of the change;
(c) a licensee breaches any term or condition of the licence or any provision of the Act or these regulations;
(d) the Commission determines it is in the public interest to amend, suspend or cancel the licence; or
(e) financial reports indicate the licensee is not in compliance with the provisions of subsection 6(1).
[Term of licence]
11 A licence to operate a bingo for charitable, religious or community objects or purposes may be issued for a portion of a day or for a period not to exceed 3 years.
Section 11 replaced: O.I.C. 2002-10, N.S. Reg. 7/2002.
[Hours and days of operation]
11A (1) No bingo shall operate on any day
(a) between the hours of 5 p.m. and 6 p.m.; and
(b) between the hours of 12 midnight and 1 p.m.
(2) No bingo shall operate on Remembrance Day, Christmas Day, Good Friday or Easter Sunday.
Section 11A added: O.I.C. 2002-10, N.S. Reg. 7/2002.
Rules of play
12 (1) The total value of all prizes awarded for a charitable, religious or commercial bingo shall not exceed $15 000 for any day.
(1A) The total value of all prizes awarded at an approved premises shall not exceed $15 000 for any day.
Subsection 12(1A) added: O.I.C. 95-526, N.S. Reg. 109/95.
(2) The value of any single prize awarded by the holder of a commercial bingo licence shall not exceed $100.
(2A) Despite subsection (2), the holder of a commercial bingo licence may award a single game prize of $500 once per week.
Subsection 12(2A) added: O.I.C. 2000-450, N.S. Reg. 156/2000.
(3) Prior to the start of a bingo, the operator shall set up the number display board and shall ensure all bingo balls are present and in good condition.
(4) The bingo caller shall display to the players each ball as it is generated at random by the bingo operating equipment.
(5) Only numbers generated at random by bingo operating equipment shall determine which and how many players may be awarded a prize for a particular bingo game and no such numbers, once called during a bingo game, shall be returned to the bingo operating equipment until the game is completed.
(6) All prizes being offered in a bingo game other than special bingo games shall be announced to the players prior to the start of each game.
(7) The number of bingo cards or papers sold and the prize for each special bingo game shall be announced to the players prior to the termination of each special bingo game and shall not be subject to any levy or deduction by the licensee.
(8) The licensee shall post any house rules pertaining to the conduct of bingo in a conspicuous place or places within the licensed premises.
(9) House rules established by the licensee shall not be inconsistent with or in contravention of these regulations or the terms and conditions of the licence.
(10) Subject to Section 13, house rules shall specify whether persons involved in the conduct and management of a bingo are permitted to play.
13 No person, while acting as a bingo caller or while employed as a checker in a bingo game shall play in that bingo game.
14 No house rule may specify that a valid bingo must include the last number called.
15 Any licensee who conducts and manages a bingo shall include a verification book or electronic verifier approved by the Commission in the bingo operating equipment for every bingo and shall verify, by reference to the verification book or electronic verifier, card number, colour of the card or paper and the pattern of numbers claimed to have been won by any declared card.
16 (1) Where there is a declared card, the following shall take place in sequence:
(a) no further numbers shall be called pending confirmation of the bingo win;
(b) the bingo machine shall remain operational until the bingo winner has been verified, unless the ball funnel on the bingo machine has a mechanism that allows the next bingo ball to be held by the machine;
(c) a checker shall take the declared card and place it in front of a neutral player who does not hold a declared card or under a video monitor so that it is visible to the other players and the checker shall then call back the serial number, card number, colour of the card or paper and the pattern of numbers claimed to have won and the bingo caller shall verify them by reference to the bingo operating equipment;
(d) upon verification of the bingo winner, the bingo caller shall ask clearly for any other bingo winners for the game to identify themselves and shall indicate that it is the last call;
(e) upon any subsequent bingo winners being identified and clauses (a) through (d) being complied with in relation to such subsequent winners, a money prize shall be divided equally among the winners and in the case of a merchandise prize, random numbers shall continue to be called until one declared card holder obtains the first winning number; and
(f) if no further bingo winners are declared or determined, the bingo caller shall return all the bingo balls to the bingo machine and state clearly that the game is closed.
(2) At any time during a bingo game, players shall have the right to verify the numbers called during the bingo game.
17 No person who participates in any way in any bingo game shall engage or attempt to engage in any practice or activity that changes or is intended to change the random outcome of the game.
Advertising
18 (1) A licensee shall not advertise bingo prizes in excess of $15 000 for any day.
(2) All bingo advertisements shall clearly state, in size and form approved by the Commission,
(a) the name of the licensee;
(b) the date, time and place of the bingo;
(c) the current lottery licence number and the year issued by the Commission; and
(d) the total cash value of prizes to be awarded at the bingo.
Inspectors or auditors
19 (1) The Commission may appoint inspectors or auditors for the administration of the Act and the regulations.
(2) Inspectors or auditors shall have power to inquire into the conduct and management of every bingo and shall advise the Commission of the results of their inquiries.
(3) All records relating to the conduct and management of a bingo shall be retained by the licensee for at least 3 years after the expiration of the term of the licence and the licensee or former licensee shall make all such records available at the request of the Commission.
(4) Inspectors or auditors may enter at any reasonable time, on or about the premises occupied by any licensee or the premises where the records of the licensee are kept or believed to be kept, to determine whether the Act and these regulations are being and have been complied with or to inspect, audit and examine books of account, records, documents, receipts and bingo operating equipment.
(5) The person occupying the premises referred to in subsection (4) shall answer all questions posed by the inspectors or auditors and shall produce such books of account, records, documents, receipts and bingo operating equipment as may be required.
20 (1) Subject to subsection (2), bingo operated by charitable or religious organizations shall operate in facilities owned by charitable or religious organizations and not in commercial premises.
(2) Where a charitable or religious organization operated a bingo in rented commercial premises prior to January 1, 1982 and has continuously done so since the licence was first issued, it may continue to do so.
21 (1) A licensee shall award all prizes at the time and place and as described in any bingo advertising made by the licensee.
(2) In the case of a licence forfeited to the Commission by the licensee or suspended or cancelled by the Commission, any prizes for which a winner has not been declared during a bingo game shall accumulate and shall be awarded during a final bingo.
22 (1) Subject to subsection (2), a licensee shall seat bingo players in the approved premises or controlled outdoor area where the bingo equipment and caller are physically situated, except where bingo is played by notice, newspaper or other printed publication, poster, circular notice, radio, television or any other form or medium of communication.
(2) Subsection (1) does not apply in respect of licences issued prior to October 1, 1989 and renewed annually since that date.
Conduct and management
23 (1) Only personnel under the direct supervision of the licensee shall conduct, manage or assist in the conduct or management of the bingo.
(2) Only the licensee shall conduct and manage the bingo and handle cash transactions.
(3) A licensee that operates bingo in leased commercial premises shall not involve the landlord or an agent or employee of the landlord in any aspect of the conduct or management of the bingo.
(4) Rent paid by the licensee for the rental of commercial premises shall be a fixed amount and shall not relate to the bingo.
(5) Leases or rental agreements that the licensee may have with the landlord of leased premises where bingo is operated shall be in writing and shall be filed with the Commission upon application for a licence or renewal of a licence.
Audits
24 A licensee that holds a licence for a period of 90 days or more shall submit a financial statement to the Commission with each application for subsequent renewal of the licence and the Commission may require the applicant, at the expense of the applicant, to submit such statement of the financial affairs of the applicant in the form of an independent audit conducted by an accountant.
Restrictions
25 A licensee shall conduct a bingo in the geographical location set out in the application and authorized in the licence.
26 A licensee shall use only bingo operating equipment approved by the Commission in accordance with the Bingo Suppliers Regulations and the licensee shall, at all times, keep and maintain the bingo operating equipment in good working order.
Collection
27 Any amounts that are due and payable to the Commission pursuant to the Act or these regulations may be recovered by action in any court of competent jurisdiction as a debt due to the Commission, and the court may make an Order as to the costs of such action in favour of or against the Commission.
Offences
28 Every person who contravenes any provision of these regulations is guilty of an offence and is liable on summary conviction to a fine of not more than $3000 and, in default of payment, to imprisonment for a term not exceeding 6 months.
Exemption for low revenue charitable bingo operators
29 (1) A low revenue charitable bingo operator may apply to the Alcohol and Gaming Authority for an exemption in such form as the Authority may prescribe.
(2) The Alcohol and Gaming Authority in its sole discretion may grant the exemption referred to in subsection (1), which shall
(a) exempt the low revenue charitable bingo operator from the requirements of subsections 3(6) and 3(9), Section 6, Section 7, clauses 8(1)(a) and 8(2)(a), and Section 24; and
(b) satisfy the requirement of subsection 3(2) of the Bingo Suppliers Regulations for the purpose of purchasing bingo operating equipment from a registered bingo supplier.
(3) If at any time the holder of an exemption referred to in subsection (1) offers prize values that exceed those described in clause 2(ya), the exemption holder shall
(a) cease to be a low revenue charitable bingo operator for the purposes of these regulations; and
(b) if the exemption holder wishes to continue to operate a bingo, obtain a bingo licence pursuant to subsection 3(9).
Section 29 added: O.I.C. 2002-10, N.S. Reg. 7/2002.
30 (1) Low revenue charitable bingo operators shall maintain records respecting the following for a period of 3 years:
(a) revenue;
(b) expenses; and
(c) prizes awarded.
(2) Low revenue charitable bingo operators shall make the records maintained pursuant to subsection (1) available to the Alcohol and Gaming Authority upon request.
Section 30 added: O.I.C. 2002-10, N.S. Reg. 7/2002.
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