The current regulatory framework is based on six key elements :
- the Criminal Code (Canada)
- the Gaming Control Act, 1992 and its Regulations
- the Order-in-Council 1413/08
- the terms and conditions
- Standards and Directives issued by the Registrar
- the Lottery Licensing Policy Manual, together with all updates and information bulletins.
1.2.1 (A) The Criminal Code (Canada)
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).
1.2.1 (B) The Gaming Control Act, 1992
The Gaming Control Act, 1992 regulates the commercial sector of the charitable gaming industry. Among other things, the Act details:
- the requirement to register individuals, corporations, organizations, associations and partnerships that supply gaming services or goods to licensed charitable organizations
- the registration process
- the types of goods and services that may be provided
- the manner in which goods and services may be provided
- reporting responsibilities
- the Registrar’s authority to establish standards and requirements for the conduct, management and operation of gaming sites or lottery schemes under the Act; and
- the registration appeal process.
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.
1.2.1 (C) Order-in-Council 1413/08
The Order-in-Council :
- defines the roles and responsibilities of municipal councils and the Registrar; and
- outlines the authority of the Registrar and municipalities to license and regulate certain lottery events.
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:
- stipulates that proceeds from licensed lottery schemes must be used only for a charitable or religious object providing a direct benefit to the residents of Ontario
- outlines certain standard licence requirements
- gives the Registrar authority to attach terms and conditions to any licence
- gives a municipal council authority to attach terms and conditions to any licence it issues, provided these do not conflict with those of the Registrar
- gives the Registrar and municipal councils authority to refuse, suspend or cancel a licence, under specified circumstances.
(You can review the Order-in-Council in its entirety on the AGCO website.)
1.2.1 (D) Terms and conditions
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 role of the licensee
- the types and amounts of prizes to be awarded
- rules of play
- licence fees
- banking guidelines
- reporting requirements.
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.
1.2.1 (E) Standards and Directives issued by the Registrar
The Registrar may issue Standards and Directives that must be followed by licensees and registrants.
1.2.1 (F) Lottery Licensing Policy Manual (LLPM)
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.