The lottery licensing policies in this manual were developed by the Registrar, based on authority and direction flowing from:
Each type of licensed lottery is governed by a specific set of rules known as “terms and conditions.”
In Canada, all authority to license gaming activity flows from provisions in the Criminal Code (Canada), which makes it possible for eligible charitable and religious organizations to conduct and manage lottery schemes under a licence issued by the appropriate provincial authority.
Based on the authority conferred by the Criminal Code, the Government of Ontario has passed an Order- in-Council 208/2024, delegating its authority to license charitable gaming events to:
The Registrar has the authority to license all types of approved lottery events. Municipal councils may license certain types of approved lottery events.
The responsibility for gaming in Ontario has been divided into three main areas: regulation, licensing of charitable gaming, and conduct and management.
The Alcohol and Gaming Commission of Ontario (AGCO) is responsible for regulating:
The Registrar as well as municipal councils may issue charitable gaming licences, as outlined in this manual.
The Ontario Lottery Gaming Corporation (OLG) is responsible for the conduct and management of:
Where a charitable or religious organization is licensed, it too may conduct and manage a lottery scheme.
The current regulatory framework is based on six key elements :
Eligible charitable and religious organizations may conduct and manage lottery schemes under a licence issued by the appropriate provincial authority under an exception to the Criminal Code (Canada) general prohibition on gambling.
In this manual the term “charitable” includes both “charitable and religious” organizations as referred to in the Criminal Code (Canada).
The Gaming Control Act, 1992 regulates the commercial sector of the charitable gaming industry. Among other things, the Act details:
The Lieutenant Governor in Council may make Regulations prescribing anything required under the Act. For example, the Regulations currently in force establish such things as exemption from registration, classes of registrants and terms of registration.
The Order-in-Council :
It also provides broad policies for the administration of lottery events and general terms and conditions for the conduct of lotteries.
The Order-in-Council does the following:
The Registrar issues a specific set of rules, known as the terms and conditions, to regulate each type of licensed lottery event. The terms and conditions provide detailed instructions for the conduct and management of licensed lottery events. For example, the terms and conditions govern:
The Registrar may impose additional terms and conditions on any lottery licence, as necessary. A municipal council may impose additional terms and conditions on any lottery licence it issues, provided they do not conflict with those of the Registrar. Licensees must observe all the terms and conditions of their lottery licence.
The Registrar may issue Standards and Directives that must be followed by licensees and registrants.
This Lottery Licensing Policy Manual (LLPM) contains the policies and some of the procedures licensing officers must use when issuing and administering lottery licences. The policies are derived from the legislation and regulations to address specific aspects of lottery licensing to ensure consistency throughout the province. The manual is updated to contain any policy matters addressed in relevant Information Bulletins, Standards and Directives.
The AGCO also uses the LLPM to communicate changes in the Registrar’s policies and in the regulatory structures for lottery licensing.
The AGCO was established under the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996. Order-in-Council 208/2024 gives the Registrar authority to administer the lottery licensing provisions of the Criminal Code (Canada) for the Province of Ontario.
The Registrar’s areas of authority include such things as issuing registrations under the Gaming Control Act, 1992; the issuance, suspension and cancellation of gaming licences; conducting inspections; setting standards; requiring reporting for licensees; and setting fees and terms and conditions on licences.
Municipal councils have the authority to issue licences for most lottery events conducted in their communities, including:
As long as it does not contravene criteria established by the Registrar, a municipal council may develop additional criteria, through bylaws and policies, for making licensing decisions and administering lottery licensing in their municipality.
Municipalities must also:
A municipal council may refuse, suspend or cancel licences, in accordance with the Order-in-Council and the Registrar’s policies. The AGCO is available to assist the municipality in any compliance and investigation matters.
Municipalities that issue licences also must ensure that applicants are eligible for lottery licences (see Chapter 2); be fair and equitable when issuing licences; and remain satisfied that licensees continue to meet the requirements of the Criminal Code (Canada), the Order-in-Council and the terms and conditions of their licences.
The Registrar or municipality may suspend or cancel lottery licences where:
The Registrar also has the power to refuse to issue a licence for the grounds set out in section 5 of the Order-in-Council or to suspend or cancel a licence issued by a municipal council.
If an organization continues to conduct lottery events after its licence has been suspended or cancelled, the lottery events will be illegal pursuant to the Criminal Code (Canada).
See Order-in-Council 208/2024, as well as 3.4.1, “Suspending or cancelling lottery licences,” and 5.11.1, “Requests to cancel raffle licences.”
Each municipality has the responsibility to investigate any contraventions of the terms and conditions of a licence it issues. A municipality may request the assistance of the local police force or the AGCO.
Municipalities have the authority to:
In addition to the above, the Registrar has the authority to:
In order to ensure that lottery licensing is administered fairly and consistently, lottery licensing decisions must be guided by the following fundamental principles: