Alberta officials now have the teeth to remove video lottery terminals from towns whose residents want them out.
“It’s an answer to my prayers,” said Rev. Kirk MacNeil in response to Bill 36.
The bill, which allows the provincial government to direct the Alberta Gaming and Liquor Commission to remove VLTs, was introduced after a judge ruled in March the government didn’t have adequate legislation in place to direct the commission that operates at arm’s length from it.
If the new bill passes as expected in this spring’s session, the municipality of Wood Buffalo can get rid of the machines that residents voted out in a May 1997 plebiscite. Residents of Stony Plain, Lacombe, the Municipal District of Opportunity, Canmore, Coaldale and the County of Lethbridge voted the VLTs out in last fall’s municipal elections.
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As well, the bill terminates VLT retailer agreements in communities that have already voted in favor of VLT removal.
“It was actually hard to believe,” said MacNeil, who worked with the Lacombe and District Ministerial Association to lobby against the gambling machines. “I didn’t realize it was coming.”
He had criticized the premier two years ago for making a “paper tiger” promise that VLTs would be removed within seven days from any community that gave the proper mandate. Now MacNeil feels his lobbying paid off.
“It just shows how grassroots movements can take on big business and big government.”
However, he still has a few concerns about the VLTs. He wants to see communities able to hold plebiscites and remove VLTs if their residents give the democratic word. Premier Ralph Klein announced earlier this month he would honor future plebiscites.
MacNeil wants stiff penalties for hotel owners who allow underage patrons to play the machines. As well, he wants the maximum number of VLTs in the province to remain capped at 6,000.
Bart Johnson, of the Alberta Gaming and Liquor Commission, said Bill 36 doesn’t address the cap, but the premier announced it will stay as is.
“In fact this legislation will enable us to follow that direction,” said Johnson, adding last month’s court decision probably meant the province couldn’t enforce the cap.
The legislation doesn’t set out penalties for owners who let underage patrons use VLTs because they are already punished if they allow minors into an age-restricted venue, said Johnson.
Jim Hansen, executive vice-president of the Alberta Hotel Association, said the bill isn’t a surprise to hotel owners. However, he thinks the industry will challenge the new bill in court. He knows the bill is responding to past plebiscites, but questions whether it’s legal.
“The bill calls for removal of the machines in certain districts and it’s retroactive,” said Hansen, who notes there are about 5,900 VLTs in Alberta.
“That would be like speeding down the highway going at 60 miles an hour four months ago and then all of a sudden they change the law so they can send you a speeding ticket now. That’s my view on it.”
Johnson doesn’t think an appeal will go far.
“I do know that the lawyers have indicated that in their minds this is sound. Legal opinions were sought from both government lawyers and outside lawyers before this was tabled.”
Although Bill 36 allows the community development minister to give policy direction to the gaming commission, the quasi-judicial body will remain independent from government after receiving the direction.
That means the commission will manage day-to-day operations that include removing, reallocating and changing VLTs at specific locations.
