Ontario Lottery and Gaming Corporation Act, 1999

Interpretation

0.1 The purposes of this Act are, (a) to enhance the economic development of the Province; (b) to generate revenues for the Province; (c) to promote responsible gaming with respect to lottery schemes; and (d) to ensure that anything done for a purpose set out in clause (a), (b) or (c) is also done for the public good and in the best interests of the Province. 2011, c. 9, Sched. 34, s. 1; 2015, c. 38, Sched. 16, s. 1. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 34, s. 1 - 01/06/2012 2015, c. 38, Sched. 16, s. 1 - 01/03/2016

1 In this Act, “board” means the board of directors of the Corporation; (“conseil”) “Corporation” means the Ontario Lottery and Gaming Corporation; (“Société”) “employee” means a permanent full-time employee; (“employé”) “gaming site” means premises or an electronic channel maintained for the purpose of playing or operating a lottery scheme; (“site de jeu”) “lottery scheme” has the same meaning as in subsection 207 (4) of the Criminal Code (Canada); (“loterie”) “Minister” means the member of the Executive Council designated by the Lieutenant Governor in Council to administer this Act; (“ministre”) “prescribed” means prescribed by a regulation made under this Act. (“prescrit”) 1999, c. 12, Sched. L, s. 1; 2011, c. 9, Sched. 34, s. 2. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 34, s. 2 (1-6) - 01/06/2012

Ontario Lottery and Gaming Corporation

2 (1) A corporation without share capital is hereby established to be known in English as the Ontario Lottery and Gaming Corporation and in French as Société des loteries et des jeux de l’Ontario. 1999, c. 12, Sched. L, s. 2 (1). Composition (2) The Corporation is composed of at least five members to be appointed by the Lieutenant Governor in Council. 1999, c. 12, Sched. L, s. 2 (2). Crown agency (3) The Corporation is for all its purposes an agent of Her Majesty and all its powers may be exercised only as an agent of the Crown. 1999, c. 12, Sched. L, s. 2 (3). Fiscal year (4) The fiscal year of the Corporation is the same as the fiscal year of the Province. 1999, c. 12, Sched. L, s. 2 (4). Other Acts (5) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the Corporation. 1999, c. 12, Sched. L, s. 2 (5); 2011, c. 9, Sched. 34, s. 3. Conflict of…

3 The following are the objects of the Corporation: 1. To develop, undertake, organize, conduct and manage lottery schemes on behalf of the Crown in right of Ontario. 2. To provide for the operation of gaming sites. 3. To ensure that the lottery schemes and gaming sites are conducted, managed and operated in accordance with the Criminal Code (Canada), this Act and the Gaming Control Act, 1992 and the regulations made under them. 4. To provide for the operation of any business that the Corporation considers to be reasonably related to operating a gaming site or lottery scheme, including any business that offers goods and services to persons who play lottery schemes in a gaming site. 5. If authorized by the Lieutenant Governor in Council, to enter into agreements to develop, undertake, organize, conduct and manage lottery schemes on behalf of, or in conjunction with, the government of one …

4 (1) The Corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects, except as limited under this Act and section 11.0.1 of the Ministry of Infrastructure Act, 2011. 2024, c. 28, Sched. 27, s. 9 (1). Restriction, real property (2) The Corporation is not authorized to acquire, hold or dispose of any interest in real property except with the Minister’s approval, which may be subject to such terms and conditions as the Minister considers advisable. 1999, c. 12, Sched. L, s. 4 (2); 2024, c. 20, Sched. 14, s. 1. Lieutenant Governor in Council’s approval for disposition of real property (2.1) In addition to any approval required under subsection (2), the Corporation shall not dispose of a freehold interest in real property without the approval of the Lieutenant Governor in Council. 2024, c. 28, Sched. 27, s. 9 (2). Same, borrowing (3) The Corp…

5 (1) The board of the Corporation is composed of the members of the Corporation. 1999, c. 12, Sched. L, s. 5 (1). Chair and vice-chair (2) The Lieutenant Governor in Council may designate a chair and a vice-chair of the board from among the members of the board. 1999, c. 12, Sched. L, s. 5 (2). Remuneration (3) The members of the board shall be paid such remuneration as the Lieutenant Governor in Council determines. 1999, c. 12, Sched. L, s. 5 (3). Quorum (4) A majority of members of the board constitutes a quorum. 1999, c. 12, Sched. L, s. 5 (4).

6 The board may make by-laws regulating its proceedings and generally for the conduct and management of the affairs of the Corporation. 1999, c. 12, Sched. L, s. 6.

7 (1) The remuneration, including salary and benefits, of senior employees of the Corporation must be approved by the Minister. 1999, c. 12, Sched. L, s. 7 (1). Employees’ pension plan (2) The Corporation shall be deemed to have been designated by the Lieutenant Governor in Council under the Public Service Pension Act as an organization whose employees are required to be members of the Public Service Pension Plan. 1999, c. 12, Sched. L, s. 7 (2). Service with predecessor corporations (3) Service with the Ontario Lottery Corporation and the Ontario Casino Corporation of an employee shall be deemed to be service with the Corporation for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act, 2000 or any other Act or under any employment contract. 2011, c. 9, Sched. 34, s. 6. Section Amendments with date in f…

8 No action or other proceeding may be instituted against any member of the Corporation or person appointed to the service of the Corporation for any act done in good faith in the execution or intended execution of the person’s duty or for any alleged neglect or default in the execution in good faith of the person’s duty. 1999, c. 12, Sched. L, s. 8.

9 (1) The Corporation shall establish and maintain an accounting system. 1999, c. 12, Sched. L, s. 9 (1); 2024, c. 20, Sched. 14, s. 2. Auditor (2) The board shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit the accounts and financial transactions of the Corporation annually. 1999, c. 12, Sched. L, s. 9 (2); 2004, c. 8, s. 46. Same (3) The Minister may at any time require that any aspect of the affairs of the Corporation be audited by an auditor appointed by the Minister. 1999, c. 12, Sched. L, s. 9 (3). Auditor’s report (4) The board shall give the Minister a copy of every auditor’s report. 2017, c. 34, Sched. 46, s. 40 (1). Section Amendments with date in force (d/m/y) 2004, c. 8, s. 46, Table - 01/11/2005 2017, c. 34, Sched. 46, s. 40 (1) - 01/01/2018 2024, c. 20, Sched. 14, s. 2 - 06/11/2024

10 (1) The Corporation shall prepare an annual report, provide it to the Minister and make it available to the public. 2017, c. 34, Sched. 46, s. 40 (2). Same (2) The Corporation shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a) the form and content of the annual report; (b) when to provide it to the Minister; and (c) when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 40 (2). Same (3) The Corporation shall include such additional content in the annual report as the Minister may require. 2017, c. 34, Sched. 46, s. 40 (2). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 40 (2) - 01/01/2018

10.1 The Minister shall table the Corporation’s annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. 2017, c. 34, Sched. 46, s. 40 (2). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 40 (2) - 01/01/2018

10.2 The Corporation shall give the Minister such additional information and reports as the Minister may request. 2017, c. 34, Sched. 46, s. 40 (2). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 40 (2) - 01/01/2018

11 (1) The Corporation shall ensure that any person with whom it has entered into a contract to provide for the operation of a gaming site or a related business is required to make available immediately to the Corporation upon request all reports, accounts, records and other documents in respect of the operation of the gaming site or related business. 2011, c. 9, Sched. 34, s. 7. Auditor General (2) The reports, accounts, records and other documents shall be deemed to form part of the accounts of the Corporation for the purpose of the Auditor General Act. 1999, c. 12, Sched. L, s. 11 (2); 2004, c. 17, s. 31. Section Amendments with date in force (d/m/y) 2004, c. 17, s. 31 - 30/11/2004 2011, c. 9, Sched. 34, s. 7 - 01/06/2012

Gaming Sites

12 The Corporation shall not authorize a gaming site to be established until the Corporation takes the prescribed steps and unless the Corporation requires the prescribed conditions to be met in respect of the proposed gaming site. 1999, c. 12, Sched. L, s. 12; 2011, c. 9, Sched. 34, s. 9. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 34, s. 8, 9 - 01/06/2012

Financial Support for Live Horse Racing

12.1 (1) The Minister may establish a grant program for the purpose of supporting live horse racing in Ontario and may establish guidelines for the program. 2015, c. 38, Sched. 16, s. 4. Grant agreements (2) For the purposes of the program, the Minister may enter into grant agreements, on such terms as he or she considers advisable, with the owners or operators of race courses in Ontario where live horse races are held. 2015, c. 38, Sched. 16, s. 4. Delegation to the Corporation (3) The Minister may delegate his or her powers under subsection (2) to the Corporation and may impose conditions and restrictions with respect to the delegation. 2015, c. 38, Sched. 16, s. 4. Authority to pay grants (4) The Minister may make grants under the program to owners and operators who have entered into a grant agreement. 2015, c. 38, Sched. 16, s. 4. Section Amendments with date in force (d/m/y) 2015, c…

12.2 (1) The Minister may enter into agreements with the Corporation for the administration of a grant program under section 12.1, and an agreement may provide for the payment of grants on the Minister’s behalf. 2015, c. 38, Sched. 16, s. 5. Disclosure of information (2) Information received directly or indirectly by the Minister in connection with the grant program, including information received in connection with a grant agreement, may be disclosed to the Corporation, the Alcohol and Gaming Commission of Ontario and the Licence Appeal Tribunal. 2015, c. 38, Sched. 16, s. 5. Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 16, s. 5 - 01/03/2016

12.3 (1) On or before March 31, 2016, the Minister may designate a grant program established under section 12.1 as the successor to the Horse Racing Partnership Funding Program established under section 7 of the Ministry of Agriculture, Food and Rural Affairs Act, in order to enable the continued administration of that Program. 2015, c. 38, Sched. 16, s. 6. Designation of agreements (2) For the purposes of this section, the Minister may, by regulation, designate one or more of the following transfer payment agreements: 1. A transfer payment agreement entered into by the Ontario Racing Commission under the Horse Racing Partnership Funding Program established under section 7 of the Ministry of Agriculture, Food and Rural Affairs Act. 2. Any other transfer payment agreement entered into by the Ontario Racing Commission to provide operational and purse support for the operator of a race trac…

12.4 Expenditures required for the purposes of sections 12.1, 12.2 and 12.3 shall be funded out of money appropriated for those purposes by the Legislature. 2015, c. 38, Sched. 16, s. 7. Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 16, s. 7 - 01/03/2016

General

13 (1) If the Corporation proposes to undertake a major capital expenditure, the Corporation shall borrow the necessary funds with the approval required by subsection 4 (3). 2011, c. 9, Sched. 34, s. 10. Major capital expenditure (2) An expenditure is a major capital expenditure for the purposes of this section in either of the following circumstances: 1. If it satisfies the prescribed criteria for a major capital expenditure or any class of major capital expenditure. 2. If the Minister notifies the Corporation in writing that the expenditure is a major capital expenditure for the purposes of this Act. 2011, c. 9, Sched. 34, s. 10. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 34, s. 10 - 01/06/2012

13.1 Repealed: 2011, c. 9, Sched. 34, s. 10. Section Amendments with date in force (d/m/y) 2008, c. 7, Sched. Q, s. 2 - no effect - see 2011, c. 9, Sch. 34, s. 13 - 01/06/2012 2011, c. 9, Sched. 34, s. 10 - 01/06/2012

14 (1) The Corporation shall make the following payments out of the revenue that it receives from all gaming sites and lottery schemes and the operation of all related businesses, in the following order of priority: 1. Payment of prizes and winnings to players. 2. Payments that the regulations made under this Act require the Corporation to make to the Consolidated Revenue Fund. 3. Payment of the operating expenses of the Corporation. 4. Payment of money to the Alcohol and Gaming Commission of Ontario under subsection 12 (1) of the Alcohol and Gaming Commission of Ontario Act, 2019. 5. Payments required to be made by the Corporation under an agreement relating to the distribution of a portion of the Corporation’s revenues to First Nations of Ontario that is, i. entered into by the Province of Ontario and representatives of First Nations of Ontario, and ii. approved by the Lieutenant Gover…

14.1 The Minister shall publish any agreement described in paragraph 5 of subsection 14 (1), and any amendments to such agreements, in The Ontario Gazette. 2011, c. 9, Sched. 34, s. 10. Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z, s. 2 - 11/02/2008 2011, c. 9, Sched. 34, s. 10 - 01/06/2012

14.2 Repealed: 2011, c. 9, Sched. 34, s. 10. Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z, s. 2 - 11/02/2008 2011, c. 9, Sched. 34, s. 10 - 01/06/2012

15 (1) The Lieutenant Governor in Council may make regulations, (a) defining words and expressions used in this Act that are not defined in this Act; (b) regulating lottery schemes conducted and managed by the Corporation; (c) prescribing the conditions and qualifications to entitlement to prizes in any lottery scheme conducted and managed by the Corporation; (d) prescribing requirements for the establishment of a gaming site; (e) prohibiting classes of individuals from entering or remaining in a gaming site during the playing of a lottery scheme in the site; (e.1) requiring payments to be made by the Corporation relating to the support of live horse racing in Ontario and prescribing purposes, conditions and restrictions in connection with those payments as referred to in paragraph 6 of subsection 14 (1); (f) prescribing criteria for determining whether an expenditure or class of expendi…

16 (1) Repealed: 2011, c. 9, Sched. 34, s. 12. (2), (3) Repealed: 2015, c. 38, Sched. 16, s. 10. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 34, s. 12 - 01/06/2012 2015, c. 38, Sched. 16, s. 10 - 01/03/2016

17-22 Repealed: 2011, c. 9, Sched. 34, s. 12. Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 34, s. 12 - 01/06/2012 ______________