Western Canada Lottery Act
Consolidated act- Citation
- S.N.W.T. 2018, c.5
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- Regulations
- Western Canada Lottery Regulations, s.5 (under the Western Canada Lottery Act) → s.3(5)(e)
The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:
INTERPRETATION
Definitions
1.In this Act,
"Commission" means the Northwest Territories Lottery Commission established under subsection 3(1); (Commission)
"Fund" means the Physical Activity, Sport and Recreation Fund established by subsection 5(1); (Fonds)
"lottery" means a lottery scheme as defined in subsection 207(4) of the Criminal Code; (loterie)
"lottery tickets" means instruments issued indicating a right to participate in one or more lotteries; (billets de loterie)
"public service" means the public service as defined in subsection 1(1) of the Public Service Act; (fonction publique)
"retailer" means a person who sells lottery tickets in accordance with the Act and the regulations; (détaillant)
"Western Canada Lottery Corporation" means the Western Canada Lottery Corporation continued under the Canada Not-for-profit Corporations Act. (Western Canada Lottery Corporation)
MINISTER
Minister
2.(1) The Minister is responsible for the administration of this Act.
(2) The Minister may, on behalf of the Government of the Northwest Territories, enter into agreements for the conduct, management and operation of lotteries with
(a) governments of other territories or provinces; or
(b) the Western Canada Lottery Corporation, as the agent of the Government of the Northwest Territories.
(3) The Minister may do every act and exercise every power for the purpose of implementing every obligation assumed by the Government of the Northwest Territories under any agreement made under subsection (2).
NORTHWEST TERRITORIES LOTTERY
COMMISSION
Northwest Territories Lottery Commission
3.(1) The Northwest Territories Lottery Commission is established.
(2) The Commission shall be composed of such members of the public service as the Minister directs.
(3) The Commission, in fulfilling its responsibilities under this Act and the regulations, shall act as directed by the Minister.
(4) The Commission shall be the sole marketing organization and distributor of lottery tickets.
(5) Subject to this Act, the Commission may
(a) establish policies respecting the conduct, management and operation of lotteries and policies respecting the marketing and distribution of lottery tickets;
(b) engage the services of such experts and professionals as the Commission considers necessary for the proper conduct of its business;
(c) make decisions and orders respecting the conduct, management and operation of lotteries;
(d) enter into agreements with the Government of Nunavut respecting the conduct, management and operation of lotteries by the Commission in Nunavut;
(e) enter into agreements with persons and the Western Canada Lottery Corporation respecting lottery tickets; and
(f) enter into agreements with the Western Canada Lottery Corporation respecting the conduct, management and operation of lotteries.
Planning and accountability framework
4.The Commission shall comply with the planning and accountability framework referred to in section 21 of the Financial Administration Act.
PHYSICAL ACTIVITY, SPORT AND
RECREATION FUND
Physical Activity, Sport and Recreation Fund established
5.(1) A fund called the Physical Activity, Sport and Recreation Fund is established.
(2) The Fund is a special purpose fund as defined in the Financial Administration Act.
(3) Proceeds received by the Government of the Northwest Territories from any person or source for or otherwise credited to the Fund must be paid to the Minister for the account of the Fund.
(4) The Fund shall be held in an account forming part of the Consolidated Revenue Fund.
(5) The Minister shall, within 180 days following the end of each fiscal year, table a report of the Fund with the Legislative Assembly, which includes
(a) the total amount paid into the Fund in the preceding fiscal year;
(b) details of each disbursement from the Fund, including the recipient, the amount paid and a description of the purpose for the disbursement; and
(c) the value of the Fund at the end of the preceding fiscal year.
(6) If the Legislative Assembly is not sitting on the expiry of the period referred to in subsection (5), the Minister shall table the report during the next sitting of the Legislative Assembly. SNWT 2025,c.6,s.3.
Disbursements
6.(1) The Minister may make disbursements from the Fund for
(a) the promotion and delivery of physical activity, sports and recreation programs;
(b) the development of coaching;
(c) the support of high performance athletes;
(d) the payment of costs, expenses and other liabilities incurred by the Commission under this Act;
(e) disbursements to the Government of Nunavut in accordance with any agreement with the Government of Nunavut made under paragraph 2(2)(a) or 3(5)(d); and
(f) any other purpose that the Minister deems necessary for the support or advancement of physical activity, sport and recreation in the Northwest Territories.
(2) The Minister may make a disbursement from the Fund of more money than is available in the Fund, notwithstanding section 101 of the Financial Administration Act.
(3) Subject to subsection (4), if at any time the balance to the credit of the Fund is in excess of the amount that is required for the immediate purposes of this Act, the Minister may invest the excess in a manner authorized by section 51 of the Financial Administration Act.
(4) Subsection (3) does not apply to investments made prior to the coming into force of this Act.
OFFENCES AND PUNISHMENTS
Offences
7.(1) A person who sells lottery tickets without having entered into an agreement with the Commission and the Western Canada Lottery Corporation commits an offence under this Act.
(2) A person who is guilty of an offence under this Act or the regulations is liable on summary conviction to a fine not exceeding $25,000.
LIABILITY
Liability
8.No action or proceeding may be brought against the Commission or any other person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or intended exercise of a power or the performance or intended performance of a duty under this Act.
REGULATIONS
Regulations
9.The Minister may make regulations
(a) respecting eligibility requirements to be a retailer;
(b) respecting how a person may become a retailer;
(c) prescribing forms for the purposes of this Act;
(d) respecting the content of agreements between the Commission and retailers;
(e) respecting the administration and operation of the Fund;
(f) respecting the conduct, management and operation of the Western Canada Lottery; and
(g) respecting any other matter that the Minister deems necessary for carrying out the purposes of this Act.
REPEAL
Western Canada Lottery Act
10.The Western Canada Lottery Act, R.S.N.W.T. 1988, c-W-3, is repealed.
COMMENCEMENT
Coming into force
11.This Act comes into force on a day to be fixed by order of the Commissioner.