Statutes of Newfoundland and Labrador 2021 Chapter 24

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL1991 c53
as amended

1. Section 2 of the Lotteries Act is repealed and the following substituted:

Definitions

2. In this Act

(a) "lottery scheme" means lottery scheme permitted by virtue of the Criminal Code; and

(b) "minister" means a member of the executive council.

2. Section 4 of the Act is amended by deleting the reference "Minister of Justice" wherever it appears and substituting the reference "Minister of Justice and Public Safety".

3. The Act is amended by adding immediately after section 6 the following:

Immunity

6.1 (1) An action or proceeding does not lie or shall not be instituted or continued against the government of the province, a minister, the Atlantic Lottery Corporation, any person acting on behalf of the government of the province or a director, officer, employee or agent of any of them for anything done or omitted to be done under this Act or the regulations or in the performance of a duty or in the exercise or purported exercise of a power respecting lottery schemes.

(2) Notwithstanding subsection (1), a person may bring an action against the Atlantic Lottery Corporation or any person acting on behalf of the government of the province or a director, officer, employee or agent of any of them to recover damages in an amount equal to the loss or damage proved to have been suffered by the person as a result of a negligent act or omission of the Atlantic Lottery Corporation or other person acting on behalf of the government of the province or a director, officer, employee or agent of any of them in the performance of a duty or exercise of a power respecting lottery schemes.

(3) The damages referred to in subsection (2) are limited to compensatory damages and shall not include punitive damages or exemplary damages.

(4) Notwithstanding any other law, an action for damages referred to in subsection (2) shall not be instituted or continued under the Class Actions Act or as a part of any other representative proceeding.

Commencement

4. This Act is considered to have come into force on February 21, 1992.