2.7.0. Next Steps: Classification Guidelines

• charitable and advance the charitable objects or purposes of the organization;
• required for the direct delivery of the charitable objects or purposes of the organization; and
• directed toward a large portion of the community or residents of Ontario with a common need.

When an application is approved, the application for the licence forms part of the licence itself. If the licensing authority does not approve all the requested uses of proceeds, the approved uses of proceeds and any restrictions must be specified on the licence when it is issued.

Licensees wishing to use proceeds for any purpose not requested on their original application must request a licence amendment and receive approval before using the proceeds for those purposes.

See also “2.4.0. Overview: Eligible use of proceeds”“2.4.1. Policies: Eligible use of proceeds”, “2.4.1(G) Amendments to the approved uses of proceeds” and “2.5.1. Policies: Ineligible use of proceeds” .

2.7.1. POLICIES: THE RELIEF OF POVERTY

2.7.1 (A) Eligibility guidelines for the relief of poverty

To be eligible in this classification, a charitable organization must meet all of the basic eligibility criteria set out in this chapter and must demonstrate that its programs and services assist those who are:

• in financial need;
• distressed or suffering as a result of their financial circumstances; or
• experiencing economic disadvantage.

2.7.1 (B) Eligible organizations for the relief of poverty

Examples of the types of organizations that may be eligible in this classification include:

• street patrols who work directly with homeless people;
• food banks;
• shelters for the homeless and economically disadvantaged; and
• meal programs.

With prior approval from the licensing authority, a charitable organization may use lottery proceeds to set up a fund to assist those in financial need. The fund must provide assistance to address a common need and must be available to anyone in the community who has that need. Approved uses of the fund may include the provision of short-term relief or a one-time payment to relieve an exceptional condition or circumstance (for example, floods that result in devastation to an Ontario community). More than one charitable organization may contribute to the fund, provided it falls within the charitable organization’s mandate. Payments must be made directly to the service provider/retailer.

2.7.1 (C) Eligible uses of lottery proceeds

The licensing authority may approve eligible organizations in this classification to use lottery proceeds for the direct delivery of services for:

• temporary shelter or subsidized rental accommodation;
• food, supplies and clothing;
• client life skills training, instruction and support intended to alleviate the effect of living in poverty;
• transportation costs for clients to attend programs or access services/resources;
• non-profit daycare services, where the funds are used:
  • for programs not historically funded, and
  • for the purpose of allowing access to those persons who could not otherwise afford the service (the organization must have criteria in place to determine eligibility); and
• out-of-pocket expenses for staff and volunteers, including travel costs, for the direct delivery of charitable services to the clients, where receipts are provided (for example, where staff or volunteers are required to use their own vehicle to deliver the service).

2.7.2. POLICIES: THE ADVANCEMENT OF EDUCATION

2.7.2 (A) Eligibility guidelines for the advancement of education

To be eligible in this classification, an organization must meet all the basic eligibility criteria and restrictions on uses of proceeds set out in this chapter. Proceeds cannot be used to fund core programs or services. They must demonstrate that its programs and services:

• provide significant scholastic or vocational training or instruction;
• develop intellectual capacity or teach necessary life skills; or
• engage in research that improves human knowledge, and disseminate that knowledge to the public.

Normally, the training or instruction provided will lead to a recognized degree, diploma or certificate.

• lottery proceeds are used to enhance the educational and extracurricular opportunities of a broad cross-section of students, over and above statutory requirements established and funded by the Province;
• programs and services do not simply promote a particular point of view; and
• programs and services confer a significant public educational benefit, not a private benefit.

Education for the professional development of a person or group (such as training courses for teachers, lawyers and nurses) is not an acceptable use of funds in this classification.

An organization that provides a program or curriculum that is contrary to the laws of Ontario or Canada or international law is not eligible for lottery licensing.

2.7.2 (B) Eligible organizations for the advancement of education

Examples of the types of organizations that may be eligible in this classification include:

• public and Roman Catholic schools (elementary and secondary) that are recognized and/or accredited by the Ministry of Education and lead to a secondary school graduation diploma;
• monastic and other religious schools and private schools that are registered with the Canada Revenue Agency as charitable organizations, and provide programs that are accredited by an appropriate government agency;
• colleges, universities and schools of the arts whose programs lead to a recognized certificate or degree;
• scholarship or bursary funds registered with the Canada Revenue Agency as charitable organizations, where:
  • beneficiaries are selected from a widely based group on the basis of merit and/or need,
  • there is non-restricted access to the programs, and
  • funds are directed to an accredited educational program; and
• organizations that provide formal educational activities and training in necessary life skills, such as “English as a Second Language” programs.

In the case of schools, the lottery licensing applicant must be the school itself, not a class or department within the school. However, parent/teacher associations or other groups may also be eligible for lottery licensing, provided that they:

• support one of the types of schools listed above; and
• are properly constituted as charitable organizations or non-profit organizations with charitable objects.

School councils required by the provincial government are not eligible for lottery licensing.

2.7.2 (C) Eligible uses of lottery proceeds for the advancement of education

Proceeds raised from lotteries cannot be used to fund core programs or services. The definition of core programs or services depends on what has been historically provided by the individual school and what is mandated by the provincial government. Additionally, eligible uses may vary between boards of education and schools in the same community.

The licensing authority may approve eligible organizations in this category to use lottery proceeds for the following purposes, so long as they are not historically provided by the organization or mandated by the provincial government:

• non-profit student publications such as newsletters and yearbooks that are provided at a nominal or no cost;
• educational student conferences and field trips within Ontario;
• student organizations such as arts/drama clubs and student councils/ unions;
• academic competitions;
• student athletics programs: uniforms, sports equipment, safety equipment, fees for qualified officials (where necessary) and facility rental fees;
• registered scholarships and bursaries open to Ontario residents (as per Section 2.7.2(E)); and
• travel, including out-of-province travel, provided that it complies with the requirements set out in Section 2.4.1(E).

Schools may only use lottery funds to purchase non-core services, items or equipment as approved by the lottery licence. Schools may not use lottery proceeds for the purchase, construction or renovation of facilities or buildings or to purchase other capital assets, such as school buses.

The lottery proceeds raised must be used for the overall benefit of the school. For example, lottery proceeds raised for athletic programs must be used to support all representative sports teams within the school, not just selected teams.

Schools may receive donations of lottery proceeds raised by eligible organizations for approved uses. In some cases, an eligible organization may purchase or donate funds towards the purchase of a non-core item that has not historically been provided by the school.

Prior to a capital expenditure, the board and the donating organization must enter into an agreement outlining their respective responsibilities. This agreement must include the following information:

• who will hold title to the item;
• who maintains the item;
• the current value of the item;
• the item’s lifespan and residual value over a period of time;
• who insures the item;
• who decides on disposal of the item; and
• what will happen to the residual value of the item and how will it be spent.

This agreement is necessary to ensure:

• that the lottery proceeds are used only for charitable purposes; and
• that the residual value of an item is used to support only those initiatives that have also been approved as eligible.

2.7.2 (E) Eligible use of lottery proceeds for bursaries and scholarships

Lottery proceeds may be used to establish or support scholarship or bursary funds for educational purposes, under the following conditions:

• the establishment or support of such a fund is integral to the organization’s mandate;
• the fund is registered with the Canada Revenue Agency as a charitable organization;
• the scholarships or bursaries are designed to allow a significant number of students in the community to apply; and
• the scholarships or bursaries are used for an educational program that leads to a recognized degree, diploma or certificate.

A scholarship fund that allows only a limited number of applicants, such as the children of members of a small service club, to apply would be considered too narrowly focused. Lottery proceeds may not be used for this purpose.

Scholarships or bursaries for the development of established professionals are also ineligible.

2.7.3 (A) Eligibility guidelines for the advancement of religion

The “advancement of religion” refers to promoting the spiritual teachings of a religious body and maintaining the doctrines and spiritual observances upon which those teachings are based.

To be eligible in this classification, an organization must meet all the basic eligibility criteria set out in this chapter and must demonstrate that its programs and services assist in the delivery of religious services and programs to the community. Additional objectives of religious organizations usually include support of the poor, sick and destitute as well as a host of other charitable objectives. In order to be eligible, an organization must demonstrate:

• one of its primary purposes is the advancement of religion;
• its credentials regarding the religion it advances;
• its affiliation with the religion it advances; and
• how it advances that religion.

Activities that advance religion may include:

• organizing and providing religious services and guidance;
• performing pastoral and missionary work for Ontario residents; and
• establishing and maintaining buildings for worship and other religious use.

2.7.3 (B) Eligible organizations for the advancement of religion

Examples of the types of organizations that may be eligible in this classification include:

• churches, synagogues, mosques, chapels, temples;
• missionary organizations; and
• other religious assemblies or congregations for religious observance and instruction.

Religious organizations may use lottery proceeds to provide direct benefits only to the residents of Ontario.

The licensing authority may also allow religious organizations to use lottery proceeds to provide programs falling within other classes of charitable purposes, such as the relief of poverty and the advancement of education, as long as these are included in the objects or purposes of the organization.

An organization that attempts to influence public opinion or actions on political issues is not advancing religion in the charitable sense. Therefore, advocacy, self-help groups and groups dedicated to the political, personal and financial advancement of their members are not eligible organizations in this category.

The licensing authority may approve eligible organizations in this classification to use lottery proceeds for the following purposes:

• the development and enhancement of religious programs for parishes, missions, synagogues, temples or other religious assemblies within Ontario;
• religious training, education and instruction;
• relief of poverty, provided it is within the mandate of the organization;
• the publication and distribution of religious literature and educational materials;
• administrative costs, including wages and salaries (except salaries for fundraising individuals);
• rent or mortgage payments, and utilities (heat, water, electricity and telephone) for buildings used for religious purposes;
• direct costs for travel within Ontario for religious purposes (see “2.4.1(E) Travel costs” for further information);
• the maintenance and repair of buildings used for religious purpose;
• capital projects, including:
  • the purchase or construction of facilities to be used for religious purposes, and
  • property improvements and renovations on buildings used for religious purposes (see “2.8.1. Policies: Building funds” for further information).

2.7.4. POLICIES: OTHER CHARITABLE PURPOSES BENEFICIAL TO THE COMMUNITY

In addition to meeting all the basic eligibility criteria set out in this chapter, an organization may be eligible under this classification if one of its main objects is a charitable purpose beneficial to the community and does not fall within one of the first three classifications.

An organization must have a purpose that provides a public benefit, but this alone is not enough to qualify it as charitable. To be eligible in this classification, an organization must demonstrate that it provides a broad public benefit directed toward an identifiable segment of the community or a significant portion of the community.

An eligible organization in this classification may also have objects or purposes that are not charitable, as long as those objects are secondary to the main purpose, which must be charitable. The organization must be operated on a non-profit basis.

For administrative purposes, eligible organizations with other purposes beneficial to the community have been divided into the following six categories:

1. culture and the arts;
2. health and welfare;
3. amateur sports organizations;
4. the enhancement of youth;
5. the enhancement of public safety; and
6. community service organizations.

The promotion of voluntarism, in itself, is not eligible for lottery licensing. Advertising for volunteers, matching individuals to volunteer placements and promoting volunteer activity are not eligible uses of lottery proceeds. However, volunteer training and support and providing direct charitable services, such as counselling for those in need, are eligible uses of proceeds.

See also “2.4.0. Overview: Eligible use of proceeds”, and “2.5.0. Overview: Ineligible use of proceeds”

2.7.4 (A) Culture and the arts

2.7.4 (a) (i) Eligibility guidelines for culture and the arts

To be eligible in this category, an organization must meet all the basic eligibility criteria set out in this chapter and demonstrate that:

• its primary purpose is to provide the public with an opportunity to experience artistic endeavours, including literature, dance, music, theatre, painting, sculpture, movies, photography and live performances, or specific cultural and heritage activities; and
• its programs and services are directed toward approved and recognized cultural and artistic purposes.

2.7.4 (a) (ii) Eligible organizations for culture and the arts

Examples of the types of organizations that may be eligible in this classification include:

• ballet companies;
• symphony orchestras;
• theatre groups;
• literary groups;
• groups advancing a specific culture, heritage or language beyond the members of the group, to the general public; and
• heritage conservation or historic organizations.
• 2.7.4 (a) (iii) Eligible uses of lottery proceeds for culture and the arts

  A licensing authority may approve eligible organizations in this category to use lottery proceeds for the following purposes:

• the preservation or enhancement of traditions, heritage and culture, provided there is a public, not private, benefit;
• the publication and distribution of literature and materials;
• the preservation of heritage and cultural art forms, provided there is a public benefit;
• underwriting the costs of cultural festivals, public performances or other community cultural sessions/presentations;
• direct costs for travel within Ontario for culture and arts purposes (out-of-province and out-of- country travel costs are not eligible); and
• capital acquisitions, renovations or maintenance where the buildings and capital assets are used for culture and arts purposes, where specifically approved by the licensing authority (see “2.8.1. Policies: Building funds” for further information).

2.7.4 (B) Health and welfare

2.7.4 (b) (i) Eligibility guidelines for health and welfare

To be eligible in this category, an organization must meet all the basic eligibility criteria set out in this chapter and demonstrate that:

• its primary purpose is to improve the health and well-being of the public or an identifiable segment of the community;
• its programs and services are directed towards the provision of medical and social service programs, support and prevention; or
• its primary purpose is to carry out medical research in Ontario.

Eligible organizations may provide programs dedicated to:

• the cure and prevention of disease;
• helping the sick and the dying;
• improving the physical and mental health and well-being of specified groups; and
• providing social and recreational programs to senior citizens so they remain active in the community.

2.7.4 (b) (ii) Eligible organizations for health and welfare

Examples of the types of organizations that may be eligible in this classification include:

• hospitals;
• non-profit extended care and residential facilities;
• organizations providing activity and home support programs for seniors;
• organizations that are established to operate and maintain a seniors centre or seniors social club (see “2.4.1(F) Senior citizen centres and programs for senior citizens” for further information);
• organizations dedicated to research and funding for the prevention of illness or finding a cure;
• organizations dedicated to assisting persons with physical and mental disabilities;
• organizations providing medical and social service support on an outpatient basis;
• substance abuse programs;
• hospital foundations and auxiliaries, if they are administratively, financially and legally separate entities from the hospitals.

2.7.4 (b) (iii) Eligible uses of lottery proceeds for health and welfare

The following are some examples of what a licensing authority may approve as eligible uses of lottery proceeds:

• programs that enhance health and well-being;
• medical research within Ontario;
• family counselling and health education;
• administrative costs related solely to the direct delivery of services;
• patient comforts and medical equipment (only if not already funded by the hospital);
• out-of-pocket expenses for staff and volunteers, including travel costs for the direct delivery of charitable services to the clients, where receipts are provided (for example, where staff or volunteers are required to use their own vehicle to deliver the service);
• capital projects, maintenance and repair of buildings (see “2.8.1. Policies: Building funds” for further information);
• out-of-province medical care, where it can be demonstrated that:
  • the provincial government is involved in the decision to seek treatment outside Ontario;
  • the required treatment is unavailable in Ontario;
  • the costs are not fully funded by the provincial government; and
  • residents of Ontario benefit from the care provided.

2.7.4 (C) Amateur sports organizations

2.7.4 (c) (i) Eligibility guidelines for amateur sports organizations

To be eligible in this classification, an organization must meet all the basic eligibility criteria set out in this chapter and must demonstrate that it provides programs and services to enhance health and fitness through organized, competitive physical activity.

An organization must demonstrate that:

• its primary purpose is to provide opportunities for participation in organized athletic activities at the community level; and
• its programs and services are directed toward approved beneficiaries that are eligible for lottery funding as noted below.

Three types of groups are eligible in this category:

1. Youth amateur sports organizations, where a majority of the players are under the age of 18.
2. Amateur sports organizations whose objects or purposes are to provide competitive sports opportunities for individuals with a physical, mental or developmental disability, regardless of age.
3. Adult amateur sports organizations, where the athletes represent Ontario or Canada in the Olympics, the Pan-American Games or Commonwealth Games as the result of:

• winning previous, sanctioned competitions; and
• meeting the guidelines of their governing sport bodies.

Only Ontario residents competing in amateur sports as individuals or as members of teams that are part of a recognized sports organization may benefit from lottery proceeds.

2.7.4 (c) (ii) Eligible youth amateur sports organizations

For the purposes of lottery licensing, the term “youth” refers to anyone under the age of 18. The majority of individuals (over 50%) benefiting from programs offered by organizations in this category must be under 18 years of age at the start of the sporting season. Adult teams and leagues are not eligible.

To be eligible in this category, an organization must meet all the basic eligibility criteria set out in this chapter and must demonstrate that it is:

• dedicated primarily to supporting amateur athletes under 18, supported by a list of players and their birthdates; and
• an association or club that governs numerous individual competitors, teams, ages or expertise levels (individual teams involving a narrow age group and a small number of participants are too narrowly focused to be eligible for lottery licences or to receive funds or donations derived from lottery proceeds).

Examples of the types of organizations that may be eligible in this category include:

• local sports leagues and associations that serve youth;
• non-profit sports clubs that support a community-oriented program for youth under the age of 18 years; and
• Ontario and national associations for representative teams, such as the Ontario Hockey Association and the Ontario Amateur Softball Association.

• the individual team is a non-profit organization;
• a majority of the team’s signed players are under the age of 18 at the start of the association’s season;
• each application is made by the association on behalf of the team;
• the association supports the licence application with an original letter confirming that the team is a non-profit organization in good standing with the association; and
• the use of lottery proceeds is restricted to the direct delivery of the program to the players/team.

If a non-profit club runs both youth and adult programs, only direct expenditures for the youth programs may be considered as eligible uses of lottery proceeds. In order to be eligible, the club must be able to separate the costs of the youth and the adult programs in the budget and the financial tracking system.

2.7.4 (c) (iii) Eligible amateur sports organizations for athletes with a disability

Most of the individuals benefiting from programs offered by organizations in this category must have a demonstrated physical, mental or developmental disability.

To be eligible in this category, an organization must meet all the basic eligibility criteria set out in this chapter and must demonstrate that it is:

• dedicated primarily to supporting amateur athletes who have a physical, mental or developmental disability that limits their ability to participate fully in sporting activities for the general public;
• an association or club governing numerous individual competitors, teams, ages or expertise levels.

Examples of the types of organizations that may be eligible in this category include:

• local sports leagues and associations that serve individuals with a physical, mental or developmental disability;
• public non-profit sports clubs, encompassing all ages and expertise levels, as long as they provide programs primarily for individuals with a disability; and
• Ontario and national associations for representative teams, such as the Ontario Special Olympics.

2.7.4 (c) (iv) Eligible adult amateur sports organizations representing Ontario and Canada

Adult amateur sports organizations (where most of the players are 18 and over) representing Ontario or Canada in the Olympics, the Pan American Games or the Commonwealth Games may be eligible to receive lottery licences.

To be eligible in this category, an organization must meet all the basic eligibility criteria set out in this chapter and must demonstrate that it is:

• primarily dedicated to the direct support of amateur athletes representing Ontario or Canada in the Olympics, the Pan American Games or the Commonwealth Games;
• an association or club governing numerous individual competitors, teams, ages or expertise levels (individual teams involving a narrow age group and small number of participants that are part of a competitive association or league, are too narrowly focused to be eligible for lottery licences).

Only Ontario residents may benefit from lottery proceeds, regardless of whether the organization is representing Ontario or Canada.

The types of organizations that may be eligible in this category include teams representing Canada in the Olympics, Pan American Games and Commonwealth Games, but lottery proceeds may only be directed towards the expenses related to Ontario residents.

2.7.4 (c) (v) Ineligible amateur sports organizations

In order to be eligible for lottery licensing, adult sports organizations that do not represent Ontario or Canada in competitions must fulfil some other purpose beneficial to the community. This means that an organization must demonstrate that it has a charitable mandate beyond its adult sports purpose. Lottery proceeds may only be used for the charitable objects of the organization, not for any adult sports objective.

The following types of organizations are not eligible to receive lottery licences:

• private, members-only clubs;
• teams with any combination of amateur and professional athletes;
• for-profit sports organizations or clubs;
• individual teams;
• sub-groups, auxiliaries, booster clubs and groups known as “friends of” ineligible sports organizations;
• professional or semi-professional sports organizations, such as the Canadian Football League;
• committees that support events designed to increase tourism;
• adult recreational or predominately adult-oriented sports; and
• organizations that are administrative in nature and do not directly support amateur athletes.

2.7.4 (c) (vi) Eligible uses of lottery proceeds by amateur sports organizations

A sports organization must provide detailed information regarding its proposed use of lottery proceeds. The licensing official must consider the proposed use of proceeds on a case-by-case basis.

The licensing authority may approve eligible organizations in this category to use lottery proceeds for the following purposes:

• salaries or wages for qualified coaches or instructors that are not members of the organization or the Board of Directors (see Section “2.7.4(C) Amateur sports organizations” );
• uniforms;
• equipment, program and safety supplies;
• staff and volunteer training, where necessary for the safety of the athletes, up to and including the level of “Community Sport” certification under the National Coaching Certification Program (see the Coaching Association of Canada website for more information);
• facility rentals for youth amateur sporting events (must be supported by rental receipts);
• facility rentals for adult amateur provincial or national competitions if the licensed sports organization is the host (must be supported by third-party receipts);
• necessary qualified competition officials; and
• direct costs for travel for youth amateur sports purposes to recognized competitions, sanctioned by the appropriate governing bodies, except for out-of-season or exhibition games (see the following section).

2.7.4 (c) (vii) Eligible uses of lottery proceeds for travel costs by amateur sports associations

Lottery proceeds may be used for travel and transportation costs for sanctioned out-of-town tournaments or competitions. These costs may include meals, accommodation, airline tickets, bus rental and other reasonable expenses incurred by the players, and a reasonable number of coaches and chaperones for any youth participants. Please note that third-party commercial receipts must be provided for travel.

Mileage costs for personal vehicles are not permitted.

The organization must provide the following information with its licence application:

• documents showing that the applicant organization complies with the eligibility requirements;
• a letter from the appropriate sports governing body, sanctioning the tournament/competition;
• a copy of the tournament itinerary, including the dates and time of the scheduled games/ competitions; and
• a membership list and a list of participants, noting their ages (approved use of proceeds will be restricted to those under 18).

Except in unusual circumstances, lottery proceeds may not be used to fund travel costs associated with out-of-province training. A sports organization requesting approval for such costs must demonstrate that:

• the need for the training program is justified as an integral part of the sports program;
• the training activity has been historically part of the organization’s mandate and activities;
• participants could not otherwise afford to pay the associated travel and accommodation costs;
• all participants in the training program have been chosen to represent Ontario or Canada; and
• the training cannot be provided in Ontario and must be provided out-of-province to be effective.

  See also “2.4.1(E) Travel costs”.

2.7.4 (c) (viii) Eligible uses of lottery proceeds for coaching fees

Coaching fees (salaries) are considered an indirect expense. However, it is recognized that in certain sports, coaching plays an important role in the development of the players. Therefore, coaching fees are considered eligible uses of lottery proceeds provided the following conditions are met:

• the need for a qualified coach is justified as an integral part of the sports program;
• the expertise level and hours of work required cannot be reasonably provided by a volunteer;
• salaries are reasonable and geared to the expertise required and hours worked; and
• individuals receiving salaries or wages for coaching or other instruction:
  • have recognized credentials in their field;
  • are removed from any involvement in the conduct and management of the lottery events;
  • are not officers or directors of the organization; and
  • do not have voting rights as members of the organization.

Sports organizations may also use proceeds for training or to develop coaches themselves to the level of ”Community Sport” certification under the National Coaching Certification Program.

2.7.4 (c) (ix) Payment of officials/referees

If the presence of officials and referees is integral to the proper conduct of the sport, the following types of organizations may use lottery proceeds to pay their fees:

• eligible youth amateur sports organizations; and
• eligible amateur sports organizations for athletes with disabilities.

The fees must be based on amounts authorized by the league or association and only be paid to individuals assigned by the league or association to officiate at the event.

Adult amateur sports organizations representing Ontario or Canada may not use lottery funds to pay officials or referees.

2.7.4 (c) (x) Ineligible uses of lottery proceeds for amateur sports organizations

The following costs are not considered eligible uses of lottery proceeds for any amateur sports organization:

• professional development/staff training beyond“Community Sport” certification under the National Coaching Certification Program;
• travel of a social, recreational or administrative nature, including travel for out-of-season or exhibition games or competitions;
• expenses for governing bodies and games committees;
• athletic awards and trophies; and
• the purchase, construction, renovation or repair of facilities or buildings.

In the case of sports organizations, administration costs such as administrators’ salaries, tournament and team registration fees, office expenses and utilities are considered to be indirect expenses that are not essential to the delivery of the sports program. Since these administration costs are not considered charitable, they cannot be paid using lottery proceeds.

2.7.4 (D) The enhancement of youth

2.7.4 (d) (i) Eligibility guidelines for the enhancement of youth

Organizations that support youth programs and services for youth that enhance human development, civic responsibility and pride in the community may be eligible for lottery licensing in this category.

An organization must meet all the eligibility criteria set out in this chapter and demonstrate that:

• its primary purpose is to provide services and programs for young people;
• its programs and services are directed toward programs and services for youth; and
• its programs have no access restrictions other than the age requirement.

2.7.4 (d) (ii) Eligible organizations for the enhancement of youth

Examples of the types of organizations that may be eligible in this category include organizations formed to:

• instruct youth in specific skills, such as 4-H clubs (farming) and Scout and Guide troops (life skills); or
• provide support and assistance to youth, such as Big Sisters and Big Brothers.

Cadet organizations associated with the Armed Forces, such as Air Cadets, may be eligible to receive lottery proceeds. In some circumstances cadet organizations may be controlled by the Provincial Command Provincial Command of the Royal Canadian Legion and may therefore not be constituted as separate legal and administrative organizations. The eligible organization may be the Provincial Command. In those cases, the Provincial Command must apply for and hold the lottery licence on behalf of each cadet group.

2.7.4 (d) (iii) Eligible uses of lottery proceeds for the enhancement of youth

The licensing authority may approve eligible organizations in this category to use lottery proceeds for the following purposes:

• salaries or wages for qualified instructors who are not members of the organization or the Board of Directors;
• uniforms, program supplies and equipment;
• the publication and distribution of material which is integral to the organization’s charitable activities;
• volunteer training (see “2.4.1(C) Volunteer/staff training” for further information);
• safety equipment and supplies;
• necessary, qualified competition officials, where competitions are integral to the organization’s mandate and activities; and
• direct costs for travel within Ontario for direct program delivery (third-party commercial receipts must be provided, as no mileage costs for personal automobiles or other motor vehicles are allowed).

2.7.4(E) Public safety programs

2.7.4 (e) (i) Eligibility criteria for public safety programs

To be eligible in this category, an organization must meet all the eligibility criteria set out in this chapter and demonstrate that:

• its primary purpose is to provide programs for the enhancement of public safety at the community level;
• its programs and services are available to the whole community;
• its programs and services are directed toward improving community safety;
• its programs and services are consistent with the public safety laws of the Province of Ontario; and
• it is legally, financially and administratively separate from all forms of government and is not carrying out a municipal, provincial or federal mandate.

2.7.4 (e) (ii) Eligible organizations for public safety programs

Examples of the types of organizations that may qualify in this category include those providing:

• community health and safety programs;
• community water safety programs;
• volunteer fire fighting services;
• community search and rescue programs; and
• anti-crime programs such as Crime Stoppers, that are not carried out under a municipal or provincial mandate (community policing programs are not eligible).

• they are organized as a non-profit organization in the manner approved by the Registrar; and
• the Federation supports the application.

2.7.4 (e) (iii) Eligible uses of lottery proceeds for public safety programs

The licensing authority may approve eligible organizations in this category to use lottery proceeds for the following purposes:

• the publication and distribution of non-profit promotional materials and literature related to public safety;
• public safety education programs, such as search and rescue and public signage;
• travel costs within Ontario (out-of-province travel is not eligible) for direct program delivery (third- party commercial receipts must be provided, as no mileage costs for personal automobiles or other motor vehicles are allowed); and
• capital acquisitions necessary for the delivery of public safety programs where specifically pre- approved by the licensing authority, except snowmobile trail groomers, which are not eligible.

Eligible member organizations of the Ontario Federation of Snowmobile Clubs may only use lottery proceeds for education and safety programs approved by the Registrar. Proceeds cannot be used for other activities, such as trail grooming and maintenance.

2.7.4 (e) (iv) Donations for capital expenditures

In some cases, an eligible charitable organization that meets the criteria set out in Section 2.4.1(a)(i) may purchase or donate funds toward the purchase of a non-core item for another organization. The recipient organization must use the funds for a purpose that provides a public benefit and is an eligible use of proceeds.

Prior to the purchase, the donating and recipient organizations must enter into an agreement outlining their respective responsibilities. The agreement must include the following information:

• who has title to the item;
• who maintains the item;
• the current value of the item;
• the item’s lifespan and residual value over a period of time;
• who insures the item;
• who decides on disposal of the item;
• what happens to the item’s residual value.

• that the lottery proceeds are used only for charitable purposes; and
• that the residual value of an item is used to support only those initiatives that have also been approved as eligible.

2.7.4 (F) Community service organizations

Community service organizations are established to provide funds to other organizations that carry out charitable activities for the benefit of the community. To be considered eligible for lottery licensing, a community service organization must have an object or purpose that allows them to make donations to eligible organizations. A community service organization must include a statement of how it intends to use the proceeds with its lottery licence application.

Community service organizations are divided into three categories:

1. service clubs;
2. veteran service organizations such as the Royal Canadian Legion; and
3. the United Way and Federated Health.

2.7.4 (f) (i) Service clubs

Service clubs are generally set up to perform activities and undertake projects that benefit eligible charitable organizations or to operate programs that provide a direct charitable benefit to the public.

To be eligible for lottery licensing, a service club must meet all of the basic eligibility criteria set out in this chapter.

Each branch or chapter of larger service clubs, such as the Rotary or Lions clubs, which have regional, provincial or national mandates, may be eligible, providing the branch:

• meets the eligibility criteria;
• has a specific regional or community mandate;
• is a separate legal entity;
• has its own Board of Directors;
• has independent budgets and banking procedures;
• has its own objects or purposes that are recognized in law as being of a charitable nature; and
• has overall control over its decision-making.

• organizations historically considered to be service clubs, such as the Lions Club and Rotary Club; and
• social and professional organizations that:
  • have expanded their mandate to include a charitable object, and
  • have provided charitable services to the community for at least one year.

Eligible uses of lottery proceeds by service clubs

The service club must give the licensing authority detailed lists of how it proposes to use the lottery proceeds. The service club may only donate lottery proceeds to an organization that is itself eligible to receive a lottery licence and has been approved by the licensing authority. The service club must ensure that donated lottery proceeds are used for purposes consistent with the receiving organization’s mandate and approved uses of funds.

The licensing authority may approve service clubs to use lottery proceeds for the following purposes:

• projects that are consistent with the organization’s charitable objects or purposes and provide a direct charitable benefit to the community;
• donations to other organizations for their own charitable purposes, which may include the relief of poverty, the advancement of education, the advancement of religion and other purposes beneficial to the community; and
• the general maintenance of their own club premises, if the premises are used for the benefit of the community, up to an amount of twenty (20) per cent of net lottery proceeds. This percentage may be increased if the facility is used free of charge by the community more than twenty (20) per cent of the time (see “2.7.4(f)(iii) General Operating and Maintenance Costs for Service Clubs and The Royal Canadian Legion and similar veterans’ service organizations for additional information.); “; and
• building funds (see “2.8.1. Policies: Building funds”).

Ineligible uses of lottery proceeds by service clubs

In addition to their charitable objects and purposes, service clubs have a mandate to provide membership- oriented activities. These activities provide a private, not a public, benefit to the members of the service club. Membership-oriented activities do not qualify as charitable and service clubs may not use lottery proceeds for these purposes.

The following types of costs do not qualify as eligible uses of proceeds for service clubs:

• expenses related to the members’ lounge;
• any program that is membership-oriented, including trips to conferences for members; and
• any programs restricted to members and their families.

The Royal Canadian Legion and its branches may use lottery proceeds for:

• donations to a broad base of eligible charitable organizations;
• the Royal Canadian Legion bursary fund;
• building maintenance; and
• building funds (see also “2.8.1. Policies: Building funds”).

Eligible uses of lottery proceeds

The licensing authority may approve the Royal Canadian Legion to use lottery proceeds for the following purposes:

1. Projects that are consistent with the organization’s charitable objects and purposes and provide a direct charitable benefit to the community.
2. The development and maintenance of an educational bursary fund established by the Royal Canadian Legion, which meets the following criteria:

• the fund is registered with the Canada Revenue Agency as a charitable organization;
• the bursaries are available to a significant number of students in the community; and
• the bursaries are applied to an educational program that leads to a recognized degree, diploma or certificate.

3. Donations to organizations for their own charitable purposes, which may include the relief of poverty, the advancement of education, the advancement of religion and other purposes beneficial to the community. The branch must provide the licensing authority with specific details on how the recipient will use the donation before approval will be given. The branch may request licence amendments.

   (See also “2.4.1(G) Amendments to the approved uses of proceeds”.)

4. The general maintenance of their own club premises, if the premises are used for the benefit of the community, up to an amount of twenty (20) per cent of net lottery proceeds. This percentage may be increased if the facility is used free of charge by the community more than twenty (20) percent of the time (see 2.7.4(f)(iii) General Operating and Maintenance Costs for Service Clubs and The Royal Canadian Legion and similar veterans’ service organizations for additional information.); and
5. The costs of building construction or renovations may be eligible uses of lottery proceeds as outlined in the building fund guidelines.

Royal Canadian Legion building funds Guidelines:

A number of Royal Canadian Legion branches provide their facilities free of charge to eligible charitable organizations. At times, the branches may need to use lottery proceeds to construct new buildings or to cover the costs of renovations. In addition to the general policies set out in “2.8.1. Policies: Building funds”, the Registrar has established supplemental building fund policies that apply to the Royal Canadian Legion and its branches. In addition to the usual approval from the licensing authority (who has the final decision), a branch’s proposal to use lottery proceeds for building funds must be reviewed and approved by the Ontario Provincial Command of the Royal Canadian Legion.

Eligibility criteria

The licensing authority may grant approval for a branch of the Royal Canadian Legion to use up to a maximum of 50 per cent of net lottery proceeds to cover the capital costs of construction, repair or the leasehold improvement of branch buildings. Capital repairs do not include the normal painting, decorating (interior and exterior) and service calls that are included in the percentage of net lottery proceeds allowed for general maintenance of the building.

The licensing authority may approve a building fund under the following conditions:

1. The branch provides a public charitable benefit by allowing charitable organizations in the community to use the building free of charge for their approved purposes.
2. The branch may only apply to use lottery funds to renovate or make additions to buildings it owns or leases on a long-term basis from a non-profit organization. The branch must comply with the procedures set out by the Ontario Provincial Command if it is constructing a new building or renovating an existing one.
3. The branch must obtain prior approval from the licensing authority before using funds for this purpose. The licensing authority must base its decision upon need and the extent to which the community uses the building.
4. Special terms and conditions will apply to maintaining this fund.

Approval process

Prior to using lottery proceeds for renovations or the construction of new buildings, branches must comply with the procedures set out by the Ontario Provincial Command of the Royal Canadian Legion. In addition, branches must follow the general policies for building funds. (See “2.8.1. Policies: Building funds” for further information.)

If the branch does not comply with this approval procedure, the licensing authority must refer the matter to the Administrative Committee of the Ontario Provincial Command for any action it may deem necessary.

This policy also applies to Legion branches in northwestern Ontario. However, they are not required to obtain approval from the Ontario Provincial Command, since they do not fall under its jurisdiction, but they must follow the general policies for building funds. (See “2.8.1. Policies: Building funds” for further information.)

Application requirements

If a branch proposes to use lottery proceeds for building fund purposes, it must supply the following information with its licence application:

• a written estimate of the amount needed for the building fund, an explanation of the capital expenditure, and the amount of net lottery proceeds to be used (up to a maximum of 50 per cent);
• a letter of approval from the Ontario Provincial Command authorizing the expenditure and the amount of net lottery proceeds to be used (up to a maximum of 50 per cent of the net proceeds); and
• the documents required in Section “2.8.1. Policies: Building funds”.

The Ontario Provincial Command may request additional documentation to support building fund proposals. The Command must make these documents available to the licensing authority upon request.

Eligible uses of proceeds

Once the licensing authority has approved the use of proceeds for a building fund, the branch may use up to 50 per cent of net lottery proceeds for the following building fund purposes:

• building repairs;
• replacements and additions of a capital nature; and
• the full amount of the mortgage payments, including the principal and interest, approved for a new building project or for an existing mortgage (not to exceed 50 per cent of the net lottery proceeds over the period of the licence).

Please note that lottery funds may be used to renovate the portions of a building used by the public but not the members’ lounge.

Ontario Provincial Command: Construction and renovation procedures

Each branch must comply with the procedures set out by the Ontario Provincial Command of the Royal Canadian Legion for branch construction. These procedures are outlined below:

1. Present a motion and get it approved by members

   Prior to purchasing property or engaging the services of an architect or consultant, the branch must present a motion in a notice mailed to each member.

The notice must include:

• the proposed purchase price of the property; or
• the estimated cost of the new building or renovation in accordance with the branch’s ability to pay; and
• the name and address of the architect and/or consultant to be engaged.

A branch cannot apply for a lottery licence to raise funds to purchase property or hire an architect and/or consultant until this motion has been approved.

2. Engage architect/consultant and get estimate

Once the branch has approved the motion and the Provincial Command has granted permission, the branch may engage the services of an architect and/or consultant and obtain an estimate for the proposed plans.

3. Present “Notice of Motion to General Meeting”

When the branch receives the estimate, it must present a Notice of Motion to a General Meeting. The Notice of Motion must include the following details:

• the names of the chairman and members of the Branch Building Committee;
• the total cost of the project, in accordance with the information received;
• a statement of the assets of the branch, as per the last audited financial statement as of May 31st of the preceding fiscal year; and
• the amount of the mortgage required and the relevant interest rate.

The branch must mail a copy of the Notice of Motion and the date of the General Meeting at which it will be considered, to each member in good standing. The branch must also send a copy of each Notice of Motion and certified copies of the minutes of the General Meeting at which the motion was approved, to the Provincial Command.

4. Get approval from Ontario Command for expenditures

The branch must obtain prior written approval from the Ontario Command for each expenditure from the building fund in excess of $5,000 during the course of the fiscal year. The branch must send a copy of this approval to the licensing authority.

The Royal Canadian Legion branch must submit regular financial reports as per the terms and conditions of the lottery licence.

Royal Canadian Legion: Selling property purchased with a building fund

The branch must obtain prior approval from the licensing authority before selling or mortgaging any property acquired or renovated through a building fund made up of lottery proceeds. The branch must prepare a document outlining the value of the lottery proceeds applied to the building fund.

When the property is sold, the branch must calculate the value of the lottery funds contributed to the building fund and must direct that amount of money to other eligible charitable organizations in the community. The branch may reduce this amount by the amount of money the branch could have made on an annual basis by renting the facility instead of providing it free of charge (foregone revenue).

Please note that if the sale occurs after the obligation has been reduced to zero, the branch does not have to distribute any funds from the sale of the property to charitable organizations in the community.