Order in Council 208/2024
On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:
Whereas the Criminal Code (Canada) provides that the provinces may license certain lottery schemes;
And whereas the Lieutenant Governor in Council of Ontario or such other person or authority in the province who the Lieutenant Governor in Council may specify is authorized under the Criminal Code (Canada) to issue or cause to be issued licences to charitable or religious organizations for the purpose of conducting and managing lottery schemes in Ontario;
And whereas the Lieutenant Governor in Council of Ontario or such other person or authority in the province who the Lieutenant Governor in Council may specify is authorized under the Criminal Code (Canada) to issue or cause to be issued licences for the purposes of conducting and managing lottery schemes in Ontario to the board of a fair or an exhibition which is designated to be a fair or exhibition where a lottery scheme may be conducted and managed, or to an operator of a concession leased by such a board;
And whereas the Lieutenant Governor in Council of Ontario or such other person or authority in the province who the Lieutenant Governor in Council may specify is authorized under the Criminal Code (Canada) to issue or cause to be issued Iicences for the purposes of conducting and managing lottery schemes in Ontario to a public place of amusement subject to the limitations imposed under the Criminal Code (Canada);
And whereas the Lieutenant Governor in Council of Ontario or such other person or authority in the province who the Lieutenant Governor in Council may designate is authorized under the Criminal Code (Canada) to issue or cause to be issued licences for the purposes of conducting and managing lottery schemes in Ontario that are authorized to be conducted and managed in one or more other provinces with the consent of the authority that first authorized each of these lottery schemes to be conducted and managed;
And whereas the Lieutenant Governor in Council of Ontario or such other person or authority in the province who the Lieutenant Governor in Council may designate is authorized under the Criminal Code (Canada) to consent to lottery schemes first authorized to be conducted and managed in Ontario to be conducted and managed in another province pursuant to a licence issued or caused to be issued by the Lieutenant Governor in Council of that province or an authority in that province designated by the Lieutenant Governor in Council;
It is hereby declared that licences for charitable and religious organizations, fairs and exhibitions, and public places of amusement to conduct and manage lottery schemes in Ontario be issued in accordance with the following provisions;
It is further declared that consents for licenced charitable and religious organizations to also conduct and manage a lottery scheme in one or more additional provinces or territories be granted in accordance with the following provisions that relate to the granting of such consent;
And It Is Further Declared That Order in Council O.C. 1413/08 is revoked effective the date this Order in Council is made.
Interpretation
- In this Order in Council,
- "charitable object or purpose" means any object or purpose relating to,
- the relief of poverty;
- the advancement of education;
- the advancement of religion; or
- any other purpose beneficial to the community;
- "charitable organization", except in section 15, means a corporation, organization, association or partnership which is created primarily for a charitable object or purpose in Ontario, is operated not for profit, and includes a religious organization;
- "directive" means a directive made by the registrar directing a licensee to act or to cease acting in the manner specified in the directive;
- "licence" means a licence issued under the Criminal Code (Canada), by or under the authority of the Lieutenant Governor in Council, to conduct and manage a lottery scheme;
- "licensee" means a charitable organization to which a licence is issued;
- "licensing authority" means the issuer of the licence, either the registrar or a municipal council;
- "lottery scheme" has the same meaning as in the Criminal Code (Canada);
- "Minister" means the Minister responsible for the administration of the Alcohol and Gaming Commission of Ontario Act, 2019;
- "net proceeds" means the gross receipts from the lottery less the cost of the prizes awarded and such expenses and other charges that are:
- actually incurred, and
- specified in, and calculated in accordance with, the registrar's requirements;
- "registrar" means the registrar under the Alcohol and Gaming Commission of Ontario Act, 2019;
- "registrar's requirements" means any directives, standards, policies, and terms and conditions issued by the registrar;
- "standards" mean standards prescribed by the registrar, with which licensees shall comply.
- "charitable object or purpose" means any object or purpose relating to,
Municipal Councils - Authority to License
- A municipal council may, if it deems it to be in the best interests of the inhabitants of the municipality, issue or cause to be issued,
- a licence authorizing a charitable organization to conduct and manage the types of lottery schemes as may be specified by the registrar and approved by the Minister; or
- an authorization authorizing a charitable organization to submit an application to the registrar for a licence to conduct and manage a bingo lottery event at a pooling bingo hall.
- Despite section 2, a municipal council may only issue a licence or authorization if,
- issuing the licence or authorization is consistent with the registrar's requirements;
- the proceeds from the lottery scheme will be used for a charitable object or purpose providing a direct benefit to the residents of Ontario; and
- the proposed event will be conducted in accordance with the Gaming Control Act, 1992 and its regulations.
- A municipal council may review or cause to be reviewed a charitable organization's eligibility for a licence or authorization and use of proceeds at any time.
- A municipal council may at any time suspend, cancel, or refuse to issue a licence or authorization that it may issue where,
- there has been a breach of any term, condition, directive or standard;
- there are reasonable grounds to believe that the applicant or licensee will not conduct and manage the lottery scheme in accordance with the law or with honesty and integrity;
- in its opinion it is in the public interest to do so; or
- an applicant or licensee fails to submit financial reports or other information in accordance with the registrar's requirements.
- A municipal council may attach terms and conditions to a licence that it issues.
Registrar - Authority to License
- The registrar may issue or cause to be issued a licence to any charitable organization eligible to conduct and manage a lottery scheme, subject to the provisions of Section 207 of the Criminal Code (Canada).
- The registrar may review a charitable organization's eligibility for a licence and their use of the proceeds at any time.
- The registrar may designate fairs and exhibitions where a lottery scheme may be conducted and managed and issue licences to the boards of such designated fairs and exhibitions or to the operators of concessions leased by such boards.
- The registrar may issue licences to conduct and manage a lottery scheme at a public place of amusement in accordance with Section 207 of the Criminal Code (Canada).
- The registrar may at any time suspend or cancel a licence issued by himself or herself, or refuse to issue a licence for the grounds set out in section 5.
- The registrar may at any time suspend or cancel a licence issued by a municipal council that was not issued in accordance with the registrar's requirements.
Interprovincial Lottery Schemes
- The registrar may consent to a licensee licensed under s. 7 conducting and managing a lottery scheme in Ontario and one or more other provinces or territories, subject to paragraph 207(1)(f) of the Criminal Code (Canada).
- For greater certainty, the registrar may at any time rescind a consent issued by the registrar in accordance with section 13.
- The registrar may issue or cause to be issued a licence to any charitable organization eligible to conduct and manage a lottery scheme in Ontario that is, or will be, authorized to be conducted and managed in one or more other provinces or territories where the authority in the province or territory that the lottery scheme originates consents thereto pursuant to paragraph 207(1)(f) of the Criminal Code (Canada).
- For the purposes of section 15, the definition of “charitable organization” means a corporation, organization, association or partnership which is created primarily for a charitable object or purpose in Canada, is operated not for profit, and includes a religious organization.
- The requirement in paragraph 21(i) that licensees use proceeds for charitable objects or purposes providing a direct benefit to the residents of Ontario does not apply to a licensee who has been issued a consent as set out in section 13 or has been licenced under section 15 provided all proceeds originating in Ontario are used for charitable objects or purposes providing a direct benefit to the residents of Ontario.
Registrar's Requirements
- To support municipal councils in exercising their licensing authority, the registrar,
- shall establish processes, policies and procedures with respect to,
- eligibility for a licence,
- the types of lottery schemes for which a licence may be issued, and
- the eligible uses of proceeds from the lottery schemes, in accordance with clause 207(1)(b) of the Criminal Code (Canada);
- shall issue terms and conditions related to,
- the conduct, management and operation of, or participation in, the lottery schemes to which a licence relates, and
- the security to be provided by licensees to ensure that payment of all proposed prizes is guaranteed;
- may issue terms and conditions related to any licence issued by the registrar or by a municipal council;
- may issue general or specific directives and standards to licensees with respect to the lottery scheme to which a licence relates, including but not limited to,
- use of proceeds from the lottery scheme,
- operation of the lottery scheme,
- conduct and management of the lottery scheme,
- expenses and other charges that may be paid out of the proceeds, or,
- accounting for proceeds from the lottery scheme and other revenue in a facility used for the conduct of the scheme; and
- shall prescribe and provide forms for licence applications and licences which municipal councils may use.
- shall establish processes, policies and procedures with respect to,
- To support licensing of lottery events in pooling bingo halls, municipal councils shall provide the registrar with information with respect to applications for licences and licences issued by or on behalf of municipal councils, including information respecting eligibility for lottery licences and the use of proceeds.
Terms and Conditions – General
- If a term or condition imposed by a municipal council conflicts with a term or condition imposed by the registrar, the term or condition imposed by the registrar shall apply.
- In addition to any terms or conditions that a licensing authority may impose, a licensee shall,
- comply with all of the terms set out in the application for their licence, including, subject to section 17, the requirement to use net proceeds from the lottery scheme for charitable objects or purposes providing a direct benefit to the residents of Ontario; and
- provide the licensing authority and all peace officers direct and unencumbered access to the licensee's books and records and other documents, including but not limited to those related to the conduct, management and operation of the lottery scheme, and the use of proceeds, including their use prior to, during, or after the conclusion of the event, and shall deliver such books and records to the licensing authority upon request, within the time specified by the licensing authority.
- For greater certainty, in the case of a lottery scheme conducted and managed in Ontario and one or more other provinces or territories pursuant to s. 207(1)(f) of the Criminal Code and this Order in Council, the requirement in paragraph 21(ii) includes, but is not limited to, any books, records and other documents relating to the conduct, management and operation of the lottery scheme in those other provinces or territories.
Fees
- The maximum fees to be charged for the issuing of a licence or an authorization shall be prescribed by the registrar.
Information sharing
- The registrar and municipal councils may enter into information sharing agreements with respect to the issuing of licences and authorizations. However, such agreements do not change the delegations of authority in this Order in Council.
- The registrar may enter into agreements respecting regulatory matters concerning the issuing of licences and consents to conduct and manage lottery schemes in Ontario and one or more other provinces or territories and with respect to the regulation of such lottery schemes, including but not limited to information sharing, with a person or authority of another province or territory that is authorized to issue licences to conduct and manage lottery schemes.
Revocation
- The Lieutenant Governor in Council may at any time revoke the authority to issue licences or authorizations or the authority to consent to a lottery scheme licensed under section 7 being conducted and managed in another province or territory given under this Order in Council to the registrar or to a municipal council.
Approved and Ordered: February 01, 2024