Bazaar means an event where any combination of the following lotteries may be conducted:
- raffle not exceeding $50,000 in prizes
- bingo not exceeding $5,500 in prizes
- maximum three wheels of fortune with a maximum $2 bet.
bona fide member means a member in good standing of the licensee who has other duties, beyond conducting lotteries, within the organization.
books and records means documents outlining financial details of lottery events, including but not limited to, ledgers, sub-ledgers, cheque books, cheque stubs, deposit books, deposit slips, bank statements, cancelled cheques, receipts, invoices and control sheets.
licensee means an organization which has been issued a licence to conduct a lottery under Section 207 of the Criminal Code.
Any Bazaar licence issued is subject to the following terms and conditions, as well as the Lottery Licence Terms and Conditions, and may be subject to audit and investigation by the licensing authority. A breach of any term and condition can result in the cancellation or suspension of the licence or in prosecution.
It is a condition of each licence that:
1.1 The licensee is responsible and accountable for the overall conduct and management of the Bazaar.
1.2 The licensee must comply with all federal, provincial and municipal laws including the Criminal Code of Canada and the Gaming Control Act, 1992 and Regulations.
1.3 The licensee must conduct the Bazaar in accordance with the information supplied on the application and approved by the licence.
1.4 Each licence must be displayed at the premises where the Bazaar is being conducted.
2.1 The licensee must designate at least one (1) bona fide, active member to be in charge of and responsible for the conduct of the event. The designated member in charge must be at least 18 years of age and is responsible for:
- supervising all activities related to the conduct of the Bazaar;
- completing and filing the required financial report on the results of the event;
- ensuring that all terms and conditions of the licence and any additional conditions imposed by the licensing authority are complied with;
- keeping all required records and depositing all monies into the designated lottery trust account.
(3) Conduct of the event
3.1 No person directly involved in or responsible for the conduct of the Bazaar shall participate as a player in any lottery during that event.
3.2 The licensee must not allow any person apparently under the age of 18 to participate as a player in any lottery.
- The licensee must sell cards to a player by a cash transaction only.
- Bingo cards must only be sold on the date of the event.
- The licensee must award all prizes as outlined and approved in the application for licence.
- The arrangement of numbers required to be covered on a card in order to win the game and the amount of the prize for each game must be announced to the players immediately before each game begins.
- The licensee must award all prizes as approved in the application for licence.
- The licensee must sell tickets only by a cash transaction.
- The licensee must retain all unsold tickets for one (1) year from the date of the event.
- Tickets must be consecutively numbered.
- The following information must be on each ticket:
- the licence number;
- the name of the licensee;
- a description of the prizes;
- the price of each ticket;
- the number of the ticket;
- the total number of tickets printed.
- For raffles and penny auction raffles where tickets are sold and the draw is conducted at a single premises for a period of not more than one (1) calendar day, the licensee is exempt from the requirements of section 3.4(c) and 3.4(e) of these terms and conditions.
3.5 WHEELS OF FORTUNE
- The licensee may use chips, tokens or cash as the betting medium.
- The minimum bet is 50¢ (fifty cents).
- The maximum bet is $2 (two dollars).
- All bets must be in multiples of 50¢ (fifty cents).
- The maximum payoff odds cannot exceed a ratio of eight (8) to one (1).
- All bets must be placed before the spin of the wheel.
- The wheel operator must announce the cut-off of bets before spinning the wheel.
- The wheel must complete a minimum of three (3) full revolutions to count as a spin.
- The licensee may obtain wheels of fortune from persons which are not registered under the Gaming Control Act, 1992.
(4) Proceeds and Expenses
4.1 The net proceeds derived from the conduct of the Bazaar must be used for the charitable or religious objects or purposes in Ontario as approved in the application for licence.
4.2 Any expenses incurred must be reasonable and must be directly related to the conduct of the Bazaar.
5.1 The licensee is responsible for the design, placement and payment of any advertisements.
5.2 Advertisements must clearly state the name of the licensee and the licence number.
(6) Books and Records
6.1 The licensee must obtain receipts for each expense incurred.
6.2 The licensee must maintain a detailed record of how profits from the Bazaar were dispersed.
6.3 The licensee must maintain books, records and other documents in support of all financial reports or statements. These records must be kept up to date and be retained for no less than four (4) years from the date of the Bazaar.
6.4 The licensee must provide officers appointed by the licensing authority and all peace officers unencumbered access to all books and records related to the conduct of the Bazaar and must deliver these documents to the licensing authority when requested. The books and records may be retained by the licensing authority for audit and investigation purposes.
(7) Banking and Financial
7.1 The licensee must open and maintain a separate designated lottery trust account to administer all funds related to the conduct of lottery events. The licensee has the option of:
- opening and maintaining one designated lottery trust account to administer all lotteries conducted by the licensee; or
- opening and maintaining separate designated lottery trust accounts for each type of lottery conducted by the licensee.
7.2 Each designated lottery trust account must be maintained in the name of the licensee, in trust and must have the following features:
- cheque writing privileges and monthly statements issued;
- all cheques or electronic images of backs and fronts of cheques returned with monthly statement.
7.3 Any interest accrued on the lottery trust account must be used for the charitable purposes of the licensee.
7.4 In administering the lottery trust account, the licensee must:
- appoint a minimum of two (2) signing officers, who are bona fide members of the licensee, to administer the account and write cheques;
- deposit into the account all monies derived from the operation of any and all lottery events as soon as it is practical to do so;
- ensure all withdrawals are made by cheque;
- ensure cheques are written only for the payment of the expenses incurred in the conduct of the lottery and the donation of net proceeds for the charitable purposes approved on the application for licence.
7.5 The licensee must not:
- where only one designated lottery trust account is maintained, deposit monies received from any source other than lottery events conducted by the licensee into the designated trust account; or
- where a separate designated trust account for Bazaar lotteries has been established, deposit monies received from any other source into the designated Bazaar lottery trust account.
- transfer funds from the designated lottery trust account into an operating or general account of the licensee;
- close the designated lottery trust account until all monies have been donated to the approved charitable purposes and a report has been submitted to the licensing authority.
7.6 Where only one designated lottery trust account is maintained, the licensee must maintain ledgers outlining financial details of each lottery event conducted, including proceeds derived from each, expenses paid in the conduct of each lottery event, and a list of how proceeds have been dispersed.
(8) Reporting Requirements
8.1 The licensee must provide the licensing authority with a financial report outlining the results of the Bazaar on the prescribed form.
8.2 The financial report must be filed within 30 days of the date of the event. The licensing authority may request additional documents to substantiate the results of the event.
8.3 The licensee must provide the licensing authority(ies) with a verified financial statement on a yearly basis outlining the financial details of all lottery events conducted. The financial statement must be submitted within 180 days of the organization’s year end.
8.4 The type of financial review required will depend on the gross annual revenues from all sources. A licensee that receives:
- less than $250,000 in gross annual revenues from all sources must prepare financial statements in accordance with the standards set out in the CPA Canada Handbook;
- $250,000 or more in gross annual revenues from all sources must prepare financial statements in accordance with the standards set out in the CPA Canada Handbook which have been audited by a public accountant.
8.5 Where requested, the licensee must provide an audited financial statement to the licensing authority within 120 days of the request or such other time period as may be imposed by the licensing authority.
8.6 The licensee may use lottery proceeds to pay for expenses related to the preparation of the yearly financial statements. This expense must not be included in any expense maximum within these terms and conditions.