HomeMy WebLinkAboutCD-5-94 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#
Date: FEBRUARY 21, 1994 Res. # Of
By-Law# Y4 -310
Report#: CD-5-94 File#: P09 .4873.GE
Subject: LOTTERY LICENSING FOR THE MUNICIPALITY OF CLARINGTON
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report CD-5-94 be received;
2 . THAT the By-law attached to Report CD-5-94 be forwarded to
Council for approval;
3 . THAT, effective June 1, 1994, the Lottery Licensing fees be
increased to 3% of the total value of the prizes awarded;
and
4 . THAT Durham Regional Police Service and organizations
presently licensed by the Municipality be advised of
Council's decision.
BACKGROUND:
On November 22, 1993 Council passed the following resolution:
"THAT requests for Lottery Licences be placed directly on
the Council agenda for direction with the appropriate
recommendation; and
THAT the Province of Ontario be petitioned to review the
process and legality of Council delegating to Staff its
authority to approve Lottery Licenses . "
The Province has given verbal acknowledgement of this request and
advises that it had been their intention to provide
municipalities with the authority to formally delegate licensing
authority to Staff but, after lengthy discussions, it was
determined that there was a legal problem with delegating this
authority. However, this matter is still being investigated by
their legal advisors .
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Report CD-5-94 - 2 - February 21, 1994
In the meantime, the first time an organization applies for a
lottery licence, the application will be included on the Council
agenda. We are advised by the Province that it is not necessary,
however, for a renewal of a licence to be forwarded to Council.
REVIEW AND COMMENT
The purpose of this report is two-fold:
1. It is to apprise Members of the Committee of the changes
and/or new regulations which form the regulatory framework
of Lottery Licensing because Council is ultimately
responsible for the decision making process; and
2 . It is to recommend repealing the existing By-law #87-91,
being a By-law respecting lotteries (Attachment #1) , and to
formulate a By-law to adhere to new Provincial legislation
and to put in place administrative procedures which will
simplify and expedite the lottery licensing process for the
applicant organizations . (Attachment #2) .
MAJOR CHANGES TO THE LOTTERY LICENSING PROCESS
Major changes have been made to the Lottery Licensing process.
In 1992, the Ministry of Consumer and Commercial Relations
completed a series of client consultations to change the
regulatory framework governing charitable gaming. This
consultation process involved four major initiatives:
1. On February 1, 1993, The Gaming Services Act was proclaimed
in force. This new legislation regulates the commercial
sector involved in the charitable gaming industry.
It is intended to:
maximize profits to charitable organizations;
protect charities from unethical or fraudulent
behaviour; and
provide consistency in the application of policies and
rules across the Province.
2 . On July 1, 1993, a new Order-in-Council was legislated which
consolidated and updated the 5 existing Orders-in-Council.
This document defines the roles that Municipal Councils and
the Province play in the charitable gaming industry and
provides the authority for the Province and Municipalities
to license and regulate lottery events. (Attachment #3) .
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Report CD-5-94 - 3 - February 21, 1994
This document, as it pertains to Provincial Break Open
Ticket Lotteries was further revised on November 10, 1993 .
(Attachment #4) .
3 . Terms and Conditions have been rewritten for all lottery
events to reflect the changes in the legal framework.
4 . The Lottery Licensing Policy Manual was rewritten and
distributed to all municipalities . It outlines the legal
and policy framework which will provide consistency in the
administration of lottery licensing province wide.
SUMMARY OF KEY CHANGES CONTAINED IN THE ORDER IN COUNCIL
Municipalities have been provided with increased authority to
issue lottery licenses, specifically:
bingo events up to $5,500. in prizes (vs. $3,500. )
raffles up to $50,000 . in prizes (vs . $10,000. )
break open ticket licenses where the tickets are not to be
sold in conjunction with another gaming event. Organizations
which have been granted a license by the Province, can sell
Nevada tickets in any municipality without local municipal
approval. The Province will no longer share these licensing
revenues with the local municipalities.
media bingos up to $5,500. in prizes; and
bazaar licenses .
Other key changes include:
- A means to relax the moratorium on the establishment of new
commercial bingo facilities . A procedure has been developed
which allows each municipality greater autonomy with the
decision making process and places the onus on the applicant
to pay for all associated costs;
- The authority for municipalities to suspend, cancel or
refuse to issue municipal lottery licenses;
- The authority for municipalities to impose additional terms
and conditions on licenses; and
- A new maximum fee schedule (Attachment #5) .
BINGO LICENSES
St. Joseph's Parish Hall, the Royal Canadian Legion and
Brownsdale Community Centre are presently licensed by the
Municipality to hold weekly bingos on their own premises .
The total amount of revenues generated to the Municipality from
bingo licensing fees in 1993 was $1,250.
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Report CD-5-94 - 4 - February 21, 1994
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RAFFLE LICENSES
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Raffle licenses are issued to various charitable or religious
organizations who hold a "draw" for a specific purpose and offer
a specific prize(s) . The average licensing fee for this type of
license is $5 .00 . The total amount of revenues generated to the
Municipality from raffle licensing fees in 1993 was $2, 175 .
BREAK OPEN TICKET (NEVADAI LICENSES
There are presently 23 organizations licensed to sell Break Open
(Nevada) tickets in the Municipality of Clarington and these are
listed in Attachment #6 to this report. The Total amount of
revenues generated to the Municipality from Break Open Ticket
(Nevada) licensing fees in 1993 was $12,935.
The subject of giving preference to local organizations was
discussed with the Province and it was determined that, until
such time as the issuance of lottery licenses to organizations
with a home base outside this municipality creates financial
hardship to local organizations, it would be prudent not to
pursue such a policy. If this problem, however, should arise, it
will be addressed at that time.
LOTTERY LICENSING FEES
Other municipalities have been polled with respect to their
lottery licensing fees and the following information has been
obtained.
The Town of Ajax has increased
twice in the
and felt that a jump from
fees have been set at 2% .
The Town of Whitby has increased its lottery licensing fees to 3%
across the board.
The City of Oshawa is in the process of preparing a report and it
is anticipated that their fees will also increase to 3% across
the board.
The proposed by-law (Attachment #2) recommends that the
Municipality's licensing fees be increased from 2% to 3%. The
last increase in fees occurred 7 years ago (By-law #87-91) and,
in keeping with the Province's prescribed lottery licensing fees,
3% is reasonable, justified and consistent with fees charged by
adjacent municipalities and the Province.
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Re o
rt CD-5-94 - 5 - February 21, 1994
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The only exception is that this municipality has been charging
1.5% for break open ticket (nevada) licenses because this was the
y
amount imposed
b the Province. Therefore, in this instance, the
fee will increase from I.
to 3% but this will, in the writer's i
opinion, not create undue hardship to the licensed organization jl
but, in fact, creates a win - win situation for all parties,
i.e. ,
1 Box Nevada Tickets
COST REVENUE
2184 tickets per box $1092 .00
Gross revenue
Prizes awarded $800 .00
Nevada People (supplies) $ 46 .00
Honorarium to 3rd party location 54 .00
Municipal License Fee - based on 1.5% $912. 00
NET PROFIT TO CHARITABLE ORGANIZATION - $180 .00
The increase in the municipal licensing fee to 3% will therefore
increase from $12 .00 to $24 .00 . It is important to note,
however, that the licensing period has doubled; i.e. , from 6
months to 1 year. This allows the organization twice the amount
of time to sell the tickets acquired through the licensing
approval.
CONCLUSION
In summary, the Clerk's Department issued 120 lottery licenses in
1993 which generated total revenues of $16,360 . to the
Municipality. The anticipated increase in lottery licensing fees
will generate aneaddition360$1fo000. to an estimated total of projected
A Fact Sheet to Charitable Gaming in Ontario" has been provided
as Attachment #7 for the information of Members of the Committee.
It outlin es a very condensed version of the Lottery Licensing
Policy Manual containing approximately 215 pages of information
which the Clerk's Department uses for the administration of the
lottery licensing process .
The licensed organizations have been contacted and informed of
the recommendations contained in this report. Most organizations
stated that they can live" with the increase in licensing fees
and some were even surprised that licensing fees had not been
increased for 7 years . Members of these organizations have been
given the opportunity to view this report and appear as a
delegation if they so wish.
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6 _ February 211 1994
Report CD-5-94
RECOMMENDATIONS
THAT Report CD-5-94 be received;
THAT the By-law attached to Report CD-5-94 be forwarded to
Council for approval;
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THAT, effective June 11 1994, the lottery licensing fees be
increased to 3% of the total value of the prizes awarded; and
THAT Durham Regional Police Service and organizations presently
licensed by the Municipality of Clarington be advised of
Council's decision.
Respectfully submitted Recommended for Presentation
to Council
ar e, A.M.C.T. Ma ie Marano, Acting
Chief Administrative Officer
Clerk
PLB/ /LB
ATTACHMENTS
#1 - By-law #87-91
#2 - Proposed By-law
#3 - Order in Council
#4 - Letter dated November 10, 1993 - Ministry of Consumer and
Commercial Relation
#5 - Prescribed Lottery Fees
#6 - List of Organizations presently licensed for Break Open
Lottery (Nevada) Tickets
#7 - "Fact Sheet to Charitable Gaming in Ontario"
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ATTAC@MNT #1
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 87- 91
being a by-law respecting lotteries
WHEREAS His Honour The Lieutenant Governor of OntaOrder-in-Council io, under the uthr274/70 as Of
s 189 and 190 of the C No. 2 any I
Section I
amended, named municipal councils as agents to issue licences authorizing
charitable or religious organization to conduct and manage a bingo lottery, a
raffle lottery, or a lottery scheme held at a bazaar in accordance with the
requirements contained in such Orders-in-Council;
AND WHEREAS the said Orders-in-Council further provide that a municipal council
may set and charge fees for the issuing of licences, provided the fees charged do
not exceed such limits as may be prescribed by the Minister of Consumer and
Commercial Relations;
AND WHEREAS the Municipal Act provides that the councils of all municipalities may
pass by-laws to appoint such officers and servants as may be necessary for the
purposes of the Corporation;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY
ENACTS AS FOLLOWS:
1. The Council of the Corporation of the Town of Newcastle, where it deems
it expedient in the best interests of the inhabitants to do so, may issue
a licence authorizing any charitable or religious organization to conduct
and manage a bingo lottery, a raffle lottery, a bazaar-monte carlo lottery
or a lottery scheme held at a bazaar, on condition that the proceeds from
the bingo lottery, raffle lottery, bazaar-monte carlo lottery or a lottery
scheme held at a bazaar are to be used for a charitable or religious
object or purpose in Ontario.
2. The Town Clerk is hereby appointed Lottery Licensing Officer in and for
the Town of Newcastle and in connection therewith shall:
(a) Receive all lottery licence applications and financial reports.
(b) Submit each lottery licence application to the Chief of Police for the
Durham Regional Police Force (hereinafter referred to as the Chief of
Police) for review and report, and it shall bec the uty of the Chief
on
of Police to review each lottery licence app applicable
Lottery Licensing Officer to determine compliance with all app
legislation and terms and conditions and to submit to the Lottery
Licensing Officer a report setting out his recommendation.
(c) Upon receipt of a favourable report from the Chief of Police, and the
applicant meeting all relevant requirements of this by-law, issue the
appropriate lottery licence.
(d) - Upon receipt of a request to conduct the actual draw for a raffle
lottery in the Town of Newcastle by an organization which has made
application for a licence to another municipality, the Province of
Ontario, or other raffle lottery authority having jurisdiction,
issue a letter of approval on behalf of the Council of the Corporation
of the Town of Newcastle for the conduct of such raffle lottery draw
in the Town of Newcastle, subject to such lottery scheme having been
aproved by the over the Force or lttery`llicen aving jurisdiction
licence.
(e) Upon receipt of a request from the executive of a local branch of an
organization having its offices, headquarters, or otherwise designated
place of business outside of the Town of Newcastle (hereinafter referred
to as an outside organization) which is licenced to conduct a raffle
lottery scheme, for permission to sell raffle lottery tickets in the
Town of Newcastle under the licence of its parent organization, issue
a letter of approval on behalf of the Council of the Corporation of the
Town of Newcastle for such ticket sales, subject to a copy of he
subject raffle lottery licence being submitted to the Town Clerk and
the actual ticket sales in the Town of Newcastle being conducted by
members of the local branch.
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By-law 87-91 - 2 -
3. Upon receipt of a lottery licence application where a Provincial Licence
is required, shall upon receipt of a favourable report from the Chief of
Police issue a letter on behalf of the municipality supporting the Provincial
Licence Application or sign the "approval recommended" section of the
application form.
4. In every case, the application form, the form of the licence and the form of the
financial report shall be in the form as prescribed by the Ministry of Consumer
and Commercial Relations or the Lieutenant Governor-in-Council.
5. Notwithstanding any other terms and conditions prescribed by this by-law,
every lottery licence issued under the provisions of this by-law shall be
subject to the terms and conditions as prescribed by the Ministry of
Consumer and Commercial Relations and the Lieutenant Governor-in-Council.
6. For the purpose of bingo lottery licensing, sub-organizations within a main
organization will not be regarded as independent organizations irrespective
of different chariTaGle or religious objects or purposes.
7. Where a lottery licence application is not approved, the licence application
may, upon the written request of the applicant, be referred to Council for
consideration.
8. The fee for a licence issued under the provisions of this by-law shall be
as follows;
(a) Bingo Lottery
Where the aggregate amount of the prizes offered or given within all
games on a single occasion:
(i) does not exceed $500.00, the fee shall be $5.00;
(ii) exceeds $500.00, the fee shall be 2% of the aggregate amount
of the prizes.
(b) Raffle Lottery
Where the aggregate amount of the prizes offered or given
(i) does not exceed $500.00, the fee shall be $5,00;
(ii) exceeds $500.00, the fee shall be 2% of the aggregate amount of
prizes.
(c) Lottery Scheme Held at a Bazaar
The licence fee for each event shall be $5.00.
(d) Break-Open Tickets (Nevada Club)
(i) where the value of the prizes per unit is $600.00, the licence
fee per unit shall be $10.00;
(ii) where the value of the prizes per unit is $800.00, the licence
fee per unit shall be $12.00;
(iii) where the value of the prizes per unit is $282.00, the licence
fee per unit shall be $5.00;
(e) Where the number of occasions covered by one licence exceeds one (1),
the fee shall be calculated by multiplying the number of occasions by
the single occasion fee as calculated in accordance with section 8 hereof.
9. Town of Newcastle By-law 74-30 is hereby repealed.
By-law read a first and second time this 11th day of May 1987
By-law read a third time and finally passed this 11th day of May 1987
Mayor
�� �) Clerk
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ATTACHMENT 12
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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BY-LAW NO. 94- i
BEING A BY-LAW TO PROVIDE FOR THE ISSUANCE OF
LICENCES TO MANAGE AND CONDUCT BINGO LOTTERIES,
BREAK OPEN TICKET (NEVADA) LOTTERIES, LOTTERY
SCHEMES AT BAZAARS AND RAFFLE LOTTERIES
WHEREAS, a municipal council may, where it deems it .to be in the
best interest of the inhabitants of the municipality, issue a
licence authorizing an eligible charitable or religious
organization to manage and conduct a bingo lottery, a raffle
lottery, a.break-open ticket (nevada) lottery, or a lottery
scheme held at a bazaar where the proceeds are used for a
charitable or religious purpose benefitting the residents of
Ontario;
AND WHEREAS, terms and conditions prescribed by the Province of
Ontario provide that a municipal council may issue a licence
authorizing a charitable or religious organization to manage and
conduct lotteries;
AND WHEREAS, the Council of the Corporation of the Municipality
of Clarington deems it expedient in the best interest of the
inhabitants of the Municipality to issue such licences, subject
to certain terms and conditions imposed by the Municipality;
NOW THEREFORE, the Council of the Corporation of the Municipality]
of Clarington enacts as follows:
DEFINITIONS
1. (1) In this by-law;
(a) "bingo lottery" means a bingo lottery scheme in
which the total value of all prizes to be awarded
within the operation of a single occasion lottery
does not exceed $5,500.00 cash or merchandise at
equivalent market retail value;
(b) "break open ticket (nevada) lottery" means a break
open ticket lottery scheme in which the value of
any prize awarded does not exceed $100.00 and in
which tickets retail for a maximum of $ .50 and
conform with ticket quantities, prices and prize
payouts as are provided in the terms and
conditions prescribed by the Province of Ontario;
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(c) a "lottery scheme held at a bazaar" means a
lottery event during which the only lottery
schemes authorized to be played are:
- a maximum of three wheels of fortune where
individual bets are no more than $2.00,
- a raffle lottery not exceeding $500.00 in
prizes, and
- a bingo lottery not exceeding $500.00 in
prizes.
(d) "raffle lottery" means a raffle lottery scheme in
which the total value of all prizes to be awarded
within the operation of a single occasion lottery
does not exceed $50,000.00 cash or merchandise at
equivalent retail value;
(e) "charitable organization" means an organization
which is created primarily for a charitable object
or purpose in Ontario, is operated not for profit
and includes a religious organization;
(f) "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.
(g) "Clerk" means the Clerk of the Corporation of the
Municipality of Clarington or his/her designate;
(h) "Council" means the Council of the Corporation of
the Municipality of Clarington; and
(i) "municipality" means the Corporation of the
Municipality of Clarington.
GENERAL
2. (a) No organization, other an a charitable or
religious organization shall manage or conduct-a
- bingo lottery, a break open ticket (nevada)
lottery, a lottery scheme held at a bazaar or a
raffle lottery within the corporate limits of the
Municipality.
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(b) No organization shall manage or conduct a bingo
lottery, a break open ticket (nevada) lottery, a
lottery scheme held at a bazaar or a raffle
lottery within the corporate limits of the
Municipality unless such organization has obtained
a licence to do so from the Municipality or the
Province of Ontario.
(c) Every organization requiring a licence for a bingo
lottery, a break open ticket (nevada) lottery, a
lottery scheme held at a bazaar or a raffle
lottery shall make an application to the
Municipality upon such forms as are prescribed by
the Province of Ontario.
3. The Clerk is hereby appointed Lottery Licensing Officer in
and for the Municipality of Clarington and in connection
therewith shall:
(a) Receive all lottery licence applications and financial
reports from eligible charitable organizations.
(b) Upon receipt of such an application, together with all
required documentation, make, or cause to be made, all
investigations which are deemed necessary or which are
required by law or by the Council relative to the
application.
(c) Submit each lottery licence application to the Durham
Regional Police Service for review and report, and it
shall be the duty of the Durham Regional Police Service
to review each lottery licence application and to
submit to the Lottery Licensing Officer a report
setting out their recommendation.
(d) (i) CHARITABLE ORGANIZATION - FIRST TIME
APPLICANT
Upon receipt of a favourable report from the
Durham Regional Police Service and the first
time applicant Charitable Organization
meeting all Provincial and Municipal
requirements, the application for a lottery
license shall be submitted to Council for
their consideration. If Council approves the
application, the Lottery Licensing Officer
shall issue the appropriate lottery license.
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CHARITABLE ORGANIZATION WHICH HAS PREVIOUSLY
RECEIVED COUNCIL APPROVAL FOR A LOTTERY
LICENSE
Upon receipt of a favourable report from the
Durham Regional Police Service and the
previously licensed Charitable Organization
applicant meeting all Provincial and
Municipal requirements, the Lottery Licensing
Officer shall issue the appropriate Lottery
License.
If the investigations disclose any reason to
believe that the carrying on of the bingo
lottery, the break open ticket lottery, the
lottery scheme held at a bazaar or the raffle
lottery, as the case may be, may result in
any breach of Order-in-Council, any terms and
conditions prescribed by the Province of
Ontario, or any by-law of the Municipality,
or approval of the application may in any way
be adverse to the public interest, the
licence application shall be referred to
Council for disposition. If denied by
Council, the licence shall not be issued by
the Lottery Licensing Officer.
4. (1) MUNICIPAL LOTTERY LICENSING FEES
Every organization making application for a licence to
manage and conduct a bingo lottery, a break open ticket
(nevada) lottery, a lottery scheme held at a bazaar or
a raffle lottery, shall submit with their application
payment of the applicable licence fee, payable to the
Municipality as noted hereunder:
(a) Break Open Ticket (Nevada) Lottery - a fee of 3%
of the total prize value for each box of tickets;
(b) Bingo Lottery - a fee of 3% of the total value of
all prizes to be awarded within the operation of
the bingo lottery;
(c) Lottery Scheme at a Bazaar - a fee of $3.00 for
each game to be operated at the bazaar; or,
(d) Raffle Lottery - a fee of 3% of the total value of
all prizes to be awarded in the raffle lottery
provided, however, that the minimum licence fee
shall be $10.00.
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(2) If, for any reason, an application for a bingo lottery
licence, a break open ticket lottery (nevada) licence,
a lottery scheme held at a bazaar licence or a raffle
lottery licence is not approved, the fee submitted with
the application shall be returned to the applicant
organization.
EXCEPTIONS
5. Notwithstanding the terms and conditions prescribed by the
Province of Ontario relating to the management and conduct
of a break open ticket (nevada) lottery, a charitable or
religious organization shall be allowed to conduct a break
open ticket lottery in a commercial or retail outlet subject
to the following conditions:
(a) The sale of tickets shall be limited only to one
location within the boundaries of the Municipality;
(b) The written authorization and approval of the owner of
the premise from which the tickets are to be sold shall
accompany the application to conduct the break open
ticket (nevada) lottery;
(c) A copy of the Provincial Registration Number of the
owner of the premise from which the tickets are to be
sold shall accompany the application to conduct the
break open ticket (nevada) lottery; and
(d) All other terms and conditions prescribed by the
Province of Ontario shall be complied with.
LICENCE SUSPENSION AND CANCELLATION
6. The Council may suspend or cancel a licence issued under the
authority of this by-law for the breach of any term or
condition prescribed by the Province of Ontario, the
Criminal Code of Canada, an Order-in-Council or any by-law
of the Municipality.
SHORT TITLE
7. This by-law may be referred to as the Lottery Licensing
By-law.
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REPEAL OF EXISTING BY-LAWS
8. Former Town of Newcastle By-law No. 87-91 is hereby
repealed.
9. The provisions of this by-law shall come into force and
effect on the 1st day of June, 1994.
BY-LAW read a first and second time this 14th day of February, 1994.
BY-LAW read a third time and finally passed this 14th day of February,
1994.
MAYOR
CLERK
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ATTACHMENT #3
! Order in Council
DBcret
Ontario
Exetutive Council
Conseil des ministres
On the recommendation of the undersigned, the Sur la recommandation du soussignd, le
Lieutenant Governor, by and with the advice and lieutenant-gouverneur,sur l'avis et avec le con-
concurrence of the Executwe Council, orders that: sentement du Conseil des ministres, d6cr8te ce
qui suit:
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 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 where
the proceeds are used for a charitable or religious purpose
benefitting the residents of Ontario.
AND WHEREAS the Lieutenant Governor in Council of Ontario or such
other person 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 of 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 or such other person
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 a public place of amusement subject to the
limitations imposed under the Criminal Code (Canada).
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.
AND IT IS FURTHER DECLARED THAT all Orders-in-Council made prior to
the date this Order-in-Council is made relating to the issuing of
lottery licences are hereby revoked, namely O. C. numbers 70/70,
274/70 , 2639/73 , 2797/82 , 1671/88 and 1804/89 .
615.
0.C./Ncrel
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INTERPRETATION
1. In this Order-in-Council,
(a) "charitable object or purpose" means any object or
purpose relating to,
(i) the relief of poverty;
(ii) . the advancement of education;
(iii) the advancement of religion; or
(iv) any other purpose beneficial to the community.
(b) "charitable organization" means an .organization which is
created primarily for a charitable object or purpose in
Ontario, is operated not for profit, and includes a
religious organization;
(c) "Director" means the Director under the Gaming Services
Act, 1992 ;
(d) "gross proceeds" means all money and other things of
value received by a person in the conduct of a lottery
event;
(e) "licence" means a licence issued under the Criminal Code
(Canada) , by or under the authority of the Lieutenant
Governor in Council, to conduct or manage a lottery
scheme;
(f) "licensee" means a person to whom a licence is issued;
(g) "lottery event" means a single occasion at which a
lottery scheme is conducted;
(h) "lottery scheme" has the same meaning as in the Criminal
Code (Canada) ;
(i) "Ministry" means the Ministry of Consumer and Commercial
Relations;
(j ) "person" means a corporation, organization, association
or partnership, including a charitable organization.
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AUTHORITY TO LICENCE - DIRECTOR - MUNICIPAL COUNCIL
2 . (1) The Director may issue or cause to be issued a licence to
any person eligible to conduct and manage a lottery
scheme subject to the provisions of Section 207 of the
Criminal Code (Canada .
(2) A municipal council may .where it deems it to be in the
best interests of the inhabitants of the municipality,
issue a licence authorizing an eligible charitable
organization to conduct and manage the following types of
lottery schemes, if the proceeds from the lottery scheme
are used for a charitable or religious object providing
a direct benefit to the residents of Ontario,
e of
(a) a bingo lottery event where th is amount
greater uthan
the prize or pri zes awarded no
$5, 500. 00 in. value;
(b) a raffle lottery event where the amount or value of
the prize or prizes awarded does not exceed a total
value of $50, 000. 00 ;
(c) a break open ticket lottery event up to one year to
be • conducted from one location within
geographical boundaries of the municipality other lottery event which is
than a break
and conducted managed conjunction with another
licensed gaming event;
(d) a bazaar lottery event during which the only
lottery events authorized to be played are,
(i) a maximum of three wheels of fortune where
individual bets are no more than $2. 00,
(ii) a raffle lottery not exceeding $500.00 in
prizes,
(iii) a bingo lottery not exceeding $500. 00 in
prizes;
(e) a media bingo lottery event conducted on or through
television, radio, newspaper or other means of
communication where the amount or value of the
prize or prizes awarded is no greater than
$5, 500 . 00 .
(3 ) Notwithstanding the provisions of subsection (2) , a
municipal council shall not issue a licence,
617
i
I
. i
4 -
(a) unless the proposed event will be conducted in
accordance with the requirements of the Gaming
Services Act. 1992 , and regulations;
(b) for a lottery event in which a prize or prizes not
awarded d e to one be event
awarded at a amount
the p subsequent nt ev nt or
events;
(c) for a lottery event in which games hree-ca
ard emonown
as razzle dazzle, roll down,
punch board, coin table or any dice games are to be
operated;
(d) for a lottery event in which a monte carlo event is
to be conducted, including games using playing
cards, the game commonly known as blackjack, rapid
blackjack, blackjack tournament and wheels of
fortune;
(e) to a public place of amusement or the board of a
fair or exhibition or the operators of concessions
leased by such board;
(f) for, such lottery events which are prohibited
lottery schemes under the Criminal Code (Canadal;
(g) for a super jackpot bingo event;
(h) for a break open ticket lottery event which is
managed and conducted in con unction with another
licensed gaming event;
(i) for a provincial break open ticket lottery.
DETERMINATION OF ELIGIBILITY
3 , The Director or such other person as the Director may
authorize, may determine whether a person is eligible for a
licence to conduct and manage a lottery scheme and assign a
group identification number.
The Director or a ;person authorized under paragraph 3 may
periodically review a person' s eligibility for a licence.
� , Once the Director makes a determination that a person is
eligible, the Director shall
a license.he municipal council that
the person may be granted r`
i
i
5 -
6. The Director shall inform the municipal council that'a person
is not eligible to conduct and manage a lottery scheme and the
municipal council shall not issue a licence.
LICENCES - GENERAL
7 . The application for a licence and the licence shall be in the
form prescribed by the Director.
g , A report prescribed by the Director or a copy of each licence
issued by a municipal council shall be forwarded to the
Director by mail, facsimile transmission or such electronic
format approved by the Director.
LICENCES - BINGO
9 . (1) In this section "bingo event" means an occasion at which
individual games of bingo are played in accordance with
a schedule of games conducted under the authority of a
licence.
(2) A bingo lottery licence may be issued to a person for a
single bingo event, or for a number of bingo events not
to exceed 52 events in one year or such other limits, if
any, set by the municipal council issuing the licence.
(3) The licence shall specify the name and address of the
licensee, the place at which the bingo event is to be
conducted, the Gaming Services Act, 1992 registration
number of the supplier, if applicable, the date or dates
of operation, and the starting and finishing times of
each bingo event.
(4) The licence shall specify the value of the prize or
prizes hawarded consisting
r zesto b or
awarded t ed the bingo event.
value of fthe p
(5) A licensee shall not combine the value of the .prize or
prizes awarded for two or more bingo lottery licenses
into one event.
619
6 -
(6) A licence for a bingo event may only be issued for the
conduct of a bingo event at bingo hall premises named in
the registration of a bingo hall owner or operator
registered under the Gaming Services Act. 1992 , on the
day before this Order-in-Council was signed or, at such
other location or premises which is approved in writing
by the municipal council for the municipality in which
the bingo hall premises is to be located. The approval of
the municipal council shall be in accordance with the
criteria and procedures for bingo halls prescribed by the
Director.
TERMS AND CONDITIONS
10. (1) The Director may attach terms and conditions to any
licence.
(2) A municipal council may attach terms and conditions to a
licence issued by the municipal council..
(3) In the event that a term or condition imposed by a
municipal council is in conflict with a term or condition
imposed by the Director, the term or condition imposed by
the Director shall apply.
In addition - to such terms and conditions as may be
imposed by the Director or municipal council, a licence
shall be subject to the following terms and conditions,
(a) the licensee shall comply with all the terms and
provisions set out in the application for licence;
(b) the gross proceeds from the lottery shall be used
for the charitable or religious objects or purposes
providing a direct benefit to the residents of
Ontario as set out by the licensee in the
application for a licence, less the cost of the
prizes awarded and such reasonable and necessary
expenses actually incurred in the management and
conduct of the lottery, and such expenses shall be
restricted to those set out in the terms and
conditions of the licence;
(c) the licensee shall provide to the Director or
municipal council and all peace officers, direct
and unencumbered access to all books and records of
the licensee pertaining to the nature, management,
and conduct of the event for which the licence has
been granted at any time, including prior to,
620
7 -
during or after the conclusion of the event, and
shall deliver to the Director or municipal council
such books and records upon request.
SECURITY FOR PAYMENT OF PRIZES AT LOTTERY EVENTS
12 . In this part, the licensing authority is the Director or the
municipal council as the case may be.
13 . The licensing authority may require licensees to provide
security for ensuring that payment of all proposed prizes is
guaranteed.
14 . The security for the guarantee of payment of prizes shall be
in a form prescribed by the licensing authority who, in
addition, may require that a specified amount be submitted in
the form of,
(a) an irrevocable letter of credit from a chartered bank of
Canada or other registered financial institution in
Ontario, payable to the licensing authority, which
expires no sooner than 45 days after the last day of the
lottery event as specified in the licence,
(b) a certified cheque, or
(c) a bank draft or money order.
15 . The amount submitted as security for the guarantee of payment
of prizes shall be held by the licensing authority until such
time as the licensing authority is satisfied that the lottery
event has been completed and the prizes have been paid or
awarded to all winners.
16 . Where the licensee refuses or fails to pay out prizes to
winners at a lottery event, the licensing authority shall
cause the amount submitted as security to be realized upon and
shall use the proceeds to pay the prizes to the winners.
17 . The licensing authority shall determine who is entitled to the
prizes referred to in this part and the licensing authority's
decision is final .
18 . Where a prize is not claimed by a winner within a reasonable
period of time and, where in the opinion of the licensing
authority, all reasonable attempts have been made by the
licensee to contact the winner, the unclaimed prize shall be
held in trust by the licensee for a period not less than
twelve (12) months from the date the prize was awarded. At the
6 2- 1
8 -
end of the twelve month period the total amount of the prize
held in trust, including interest, shall be included by the
licensee in the gross proceeds from the lottery event.
SUSPENSION OR CANCELLATION OF LICENCE
19 . The Director or municipal council may at any time suspend,
cancel, or refuse to issue a licence where,
(1) there has been a breach of any term or condition,
(2) there are reasonable grounds to believe that the licensee
will not conduct and manage the lottery scheme in
accordance with law or with honesty and integrity,
(3) in his, her or its opinion it is in the public interest
to do so, or,
(4) a licensee fails to submit the financial reports relating
to the conduct of any lottery event which may be or may
have been required as a term or condition of a licence.
20 . Where the Director or a municipal council is satisfied that
it is in the best interests of the community, he, she or it
may refuse on reasonable grounds to issue a licence and in
doing so may take into account such factors as the number of
licences issued and the playing locations already in
existence.
21. The Director may at any time suspend or cancel a licence
issued by a municipal council where the licence was not issued
in accordance with the policies or guidelines of the Director.
22 . The Lieutenant Governor in Council may at any time revoke the
authority to issue licences given under this Order-in-Council
to the Director or to a municipal council.
FEES
23 . The maximum fees to be charged for the issuing of a licence
shall be prescribed by the Director and all other fees or
charges which exceed the maximum fees are prohibited.
622
9
FAIRS AND EXHIBITIONS AND PUBLIC PARRS OF AMUSEMENT
24 . The Director is authorized to designate fairs and exhibitions
where a lottery scheme may be conducted and managed and to
issue licences to the boards of such designated fairs and
exhibitions or to the operators of concessions leased by such
boards.
25 . The Director is authorized to issue licences to conduct and
manage a lottery scheme at a public place of amusement in
accordance with the terms set out in the Criminal Code
(Canada) .
Recommended Concurred
Minister of Consumer Chairman
and Commercial Relations
Approved and Ordered �� ��
to Lieutenant Governor
6 ? 3
ATTACMV,NT 14
®
Ontario
Ministry of Ministbre de 10 Wellesley Street East 10,rue Wellesley est
Consumer and
la Consommation Toronto ON M7A 2H6 Toronto ON M7A 2h6
Commercial Relations et du Commerce 4161326•
November 10, 1993
MEMORANDUM TO: ALL LICENSEES OF PROVINCIAL
BREAK OPEN TICKET LOTTERIES
RE: NEW TERMS AND CONDITIONS
Enclosed are the revised additional terms and conditions for your provincial
break open ticket licence. All regular terms and conditions of the break open
ticket lottery apply..
These new terms and conditions take effect immediately. These new terms
were designed in consultation with the Ontario Charitable Gaming Coalition
and are intended to give provincially mandated charities fair and equal access
to the market. These terms and conditions establish a new administrative
process that replaces the requirement to obtain municipal approval for the
sale of tickets. If you have any questions concerning the administration of
these terms please feel free to contact myself or the Coalition Chair, Mrs.
Diane Phaneuf.
Yours truly,
Jean Major
Registrar
Gaming Services Act
624
O
Ontario
Ministr}'of Ministere de 10 Wellesley street East 10,rug Wellesley est
Consumer and la Consommation Toronto ON M7A 2N6 Toronto ON M7A 2h6
Commercial Relations et du Commerce 416/326-
Amu oNAL TERMS AND CONDITIONS
PROVINCIAL BREAK OPEN TICKET LOTTERY
Your Provincial Break Open Ticket licence has been issued under the
following additional terms and conditions:
1. You (the licensee) may not sell tickets from any municipality where
one of your local chapters is already licensed to do so. You are
entitled to one sales location per municipality.
2. A copy of your licence must be posted at the premises where the
tickets will be sold.'
3. You must notify our office in writing of all locations where you intend
to sell tickets. A copy of this notification must be sent to the
municipality where the tickets will be sold.
4. You must comply with all municipal by-laws dealing with the sale of
break open tickets including those prohibiting all break open ticket
sales. This.does not include any municipal by-laws or licensing policies
that would unduly or unfairly restrict entry to organizations holding
a provincial break open ticket lottery licence. The intent of this term
and condition is to provide organizations with a provincial break open
ticket lottery licence the opportunity to have fair and equal access to
the charitable gaming market.
5. You must comply with any request from our office to remove the sale
of break open tickets from any location where it. is deemed by our
office to be inconsistent with the principles of fair and equal access as
described in item 4 above.
Director, Gaming Services Act
Entertainment Standards Branch
November 10, 1993
625
ATTACMMNT #5
Ontario-
Ministry,of Ministbre de 10 Wellesley Street East 10, rue Wellesley sst
Consumer and la Consommation Toronto ON M7A 2116 Toronto ON M7A 2h6
Commercial Relations et du Commerce 416/326-8700 ENTERTAINHEATSTA,vo,uDSBR NCII
November 1 51, 1993
PRESCRIBED LOTTERY LICENSING FEES
In accordance with section 23 of the Order-In-Council, the following are lottery licensing fees
prescribed by the Director:
MUNICIPAL LICENSIN FEES
A municipal council may charge no more than the fees outlined effective immediately:
BINGO 3% OF PRIZES
MEDIA BINGO 3% OF PRIZES
BREAK OPEN TICKET 3% OF PRIZES
RAFFLE 3% OF PRIZES
BAZAAR 3% OF PRIZES/$10 PER WHEEL
PROVINCIAL LICENSING FEES
The following fees will apply for provincial licenses effective January 1, 1994:
BINGO 3% OF PRIZES
SPECIAL (MONSTER) BINGO 3% OF PRIZES
MEDIA BINGO 3% OF PRIZES
MONTE CARLO $10 PER TABLE & WHEEL OF
(in effect since Sept. 1193) FORTUNE PER DAY
BLACKJACK TOURNAMENT 3% OF PRIZES
BREAK OPEN TICKET 3% OF PRIZES
(Incl. Provincial BOT)
SUPER JACKPOT FULL JACKPOT PRIZE + LINE PRIZES
X # OF DAYS/EVENTS X 40% X 3%
RAFFLE 3% OF PRIZES
Carl Co to
A/Director
Entertainment Standards Branch
C �;
ATTACHMENT #6
NEVADA LICENCES
ORGANIZATION LOCATION BEING SOLD LOTTERY NO. DATE OF ISSUE REPORT RECEIVED
* The letter "P" prior to the license number denotes this group has been approved for a "Provincial License"
Auxiliary to 47 Liberty St. , Bowmanville M122086 YES
Bowmanville Dec 20/93
Memorial Hospital
Big Brothers 282 King St, Newcastle M122058 Nov 18/93 YES
Association of
Ontario
Big Sisters Cards & Gifts P938042 Dec 1/93
Assoc . of Ontario 243 King East, Bowmanville
Bowmanville Minor Checkers Variety, 114 Waverly Rd M122079 Nov 23/93
Hockey Assoc . Bowmanville, Ontario
Bowmanville Van Houts Variety M122087 Jan 1994
Optimists 87 Ontario St. , Bowmamnville
Bowmanville Fans Sportcards Inc. M122094 November 24/93
Rotary 2 Glenabbey Drive, Courtice
Brownsdale Comm. Golf Course Road, Bowmanville M122061 Oct. 18/93
Centre, Newcastle
Clarington Mabel's Village Cafe, M122084 Dec. 15/93
Concer Band c/o Main Street, Orono
D. Climenhage
Clarington Orioles North End Market
Baseball Club c/o 101 Liberty St. N. , Bowmanville M122080 November 23/93
Michael Dymarski
O-%
NEVADA LICENCES
ORGANIZATION LOCATION BEING SOLD LOTTERY NO. DATE OF ISSUE
* The letter "P" prior to the license number denotes this group has been approved for a "Provincial License"
Knights of Ontario State Council P934731 Aug 26/93
Columbus
Heart & Stroke Neil's Variety, 7 Division St M122046 Oct 27/93
Foundation Bowmanville
Kiwanis Club
Oshawa P.O. Box 82510 Five Points
Postal Outlet, Oshawa L1G 7W7 M122078 Jan 17/94 Yes
Lions Club Newcastle Community Hall M122083 Dec 15/93
of Newcastle Newcastle
Newcastle Arena Newcastle Memorial Arena
Board Baldwin/Caroline St. , Newcastle M122040 Oct 4/93
Newcastle Skylight Donuts M122088 Dec 1993
Optimists Waverly & Baseline Rds . , Bow.
Newcastle Village Newcastle Arena M122042 Oct 29/93
Minor Hockey Carolyn St, Newcastle
Association
Newcastle Acquatic Box 172, Bowmanville M122074 Jan 15/94
Club Inc. Ontario
Ontario Assoc. of Foodworth Variety P936693 Oct 7/93
Community Living Trulls Rd. , Courtice
i�
NEVADA LICENCES
ORGANIZATION LOCATION BEING SOLD LOTTERY NO. DATE OF ISSUE
* The letter "P" prior to the license number denotes this group has been approved for a "Provincial License"
Royal Canadian Branch 178, Clarington M122073 Jan 10/94
Legion
Schizophrenia Bowmanville Jug City M122047 Oct 27/93
Society of 85 King E, Bowmanville
Canada
St. Therese St. Therese Church Hall M122076 Jan 18/94
Catholic Womens ' Courtice
League
Tyrone Community Tyrone Community Centre M122043 Oct 25/93
Centre
Victorian Order Noone's Restaurant (being processed as of Jan 1994)
RR 1, Orono
�G
FACT SIII;I;T TO CIIARITABLE GAMING IN ONTARIO
We document est 69alement d
isponible en fraupis)
,h
f%at=�s: c arlfab.t.�<=:.:.�:>:,:: .
advance a recognized field of knowledge,<::>"q•!#t�r��� * g which leads to .
an accredited degree, diploma or certificate,and
"Charitable gaming" refers to lottery schemes • do not include professional development
licence under the Crilhinal Code of Canada. Typically camtheesebmay Exam ples of organizations that could be eligible:
include bingos,raffles, break open tickets and Monte Carlo events,
• elementary and secondary public and Roman Catholic
held by charitable and religious organisations. Charitable separate schools
Organizations are regulated by licensing policies and the terms and • accredited colleges and universities
conditions of the licences issued by the province or municipalities • private schools registered with Revenue Canada as a
under authority of an Order-in-Council. The commercial sector of
the charitable gaming industry is regulated by the Gaming Services • charitable organization teac
Act, 1992 and Regulations proclaimed in force February 1, 1993, Profit parent/leacher associations or other groups which are non-
entities and which support one of the above Types of
institutions.
- • scholarship or bursary funds registered
. .... :.. ,:..,.....::-.::.::......
with Revenue
U::iCajO''e�'A> tC I1Ce.t0:;;.:::::::; »: ";:<....*- nue
:.:; Cotldu..ct.t1 lOf..t.ef�5C1tC121C,? Canada as a charitable organization
Canada's Criminal Code permits charitable and religious (c)TIIE ADVANCEMENT OF RELIGION
organizations to conduct a lottery scheme to raise funds pursuant
to a licence being issued. Organizations must have a demonstrated
Religious organizations must demonstrate that programs and
charitable or religious mandate to qualify. The courts have services assist in the delivery of religious services and
determined that the term"charitable'refers to organizations which programs to the community. A religious body is considered
Provide programs for: charitable when its activities serve religious purposes
a) the relief of vert 8 in for the
poverty; public good. Other activities that advance religion,include:
b) the advancement of education;
c) the advancement of religion; • organizing and providing religious instruction, and
d) other charitable purposes beneficial to the community performing pastoral and missionary work; and
• establishing and maintaining buildings for worship and
The following pre-requisites are mandatory to be considered other religious use.
eligible for a lottery licence:
• Organizations must have been in existence for at least one (d)ANYPURPOSE BENEFICIALTO THE COAIAIUNITY
(I)year before being considered eligible for lottery licences To qualify an organization must demonstrate that:
• The organization must have a place of business in Ontario,
demonstrate that it is established to provide charitable • It is operated on a not-for-profit basis, and its purposes
services in Ontario and use proceeds for objects or include charitable or religious objects,
purposes which benefit Ontario residents. • its services are offered to a significant portion of the
The rime rp g public, and
P ry pu oses of an organization are determined by • the proposed use of proceeds are consistent with its
considering:
mandate
• the mandate of the organization as set out in its incorporation Eligible organizations include those with mandates in:
documents or documents stating the organization's objects • culture and arts
• the objects of the organization as described in its application
for licence • health and welfare
• physical education
• the services which have actually been provided by the community su•
organization to the community support
• youth sports where majority of players are under 18
..,.,,:..Mr:::.>:....,:;:,..:;:::.... • service to the commu y( rvice clubs)
tilaf t�'1 <Q�i:C�1 "i nit se
tint..-.::...........
Types of organizations in the four categories of charitable mandate The Province licenses the following events:
include those providing for:
• Bingo events with prize boards over$5,500
(a)TIIE RELIEF OF POVERTY • Super jackpot games
• Ticket raffle lotteries for total prizes over$50,000
Organizations providing assistance lo: • Lotteries held in conjunction with another gaming event
• licensed by the provincial office including break open
the sick and dying tickets at bingo events
• disabled persons • Provincial break open ticket lotteries
•
• the homeless • All Monte Carlo events
• victims of crime • All lottery schemes conducted in unorganized territories
rehabilitating young offenders and paroles • All lottery schemes at a designated Fair or Exhibition or
Funds may be at a Public Place of Amusement
Y provided to individuals or families where the relief
is a short-term or one-time payment intended to relieve an
exceptional or unusual condition or circumstance, (e. helping g P g a :;.: at<Iot[ery<schen)hsoUpalite5'.licen
family whose house has burnt down),
.. ce.
(b)THE ADVANCEMENT OF EDUCATION A Municipality may issue licences to conduct the following
lottery schemes:
To be eligible, an organization must provide uhlic g • Bingo events with prize boards$5,500 and under
which: r____ pro rams • Media bingo events
• Ticket raffle lotteries for total prizes$50,000 and under
• are geared to scholastic and vocational training for individuals • All break open ticket lotteries not licensed by the
Provincial office
and lead to a recognized diploma or certificate, or
• Bazaars.
630
i
How does ,my;organizatI., ,apply 0 ' a:.lottery If one of these groups wish to raise funds to donate to
liCCnCC� charities, it must become recognized as a charitable
organization with an established charitable mandate, either
• Determine what type of lottery scheme your o-ganization through incorporation or by constitution and by-laws, and
intends to conduct apply for lottery licences to be used for projects or donations
• Obtain the appropriate application form from your local that are consistent with its charitable mandate.
municipal office or the province
• Complete the form according to the instructions on the form
and the policies provided by the municipal office or as set out F�hat;is the'Gaming Services Act and wlto`does
in the guide for that lottery event.
� ry It affect?
ming Se Act is an Act to regulate the individuals
eGa Services es A
po X have to inC.pjt. witlt flue ttpphcattori and businesses who supple goods, services and equipment to
fOrrrt7 charitable and religious organizations that have been licensed
to conduct lottery schemes. The Act provides, among other
First time applicants should, in addition to the materials required things, for:
with the application as identified in the licensing policies, provide
the following information or documents: • registration of businesses and individualsas suppliers(e.g.
all bingo halls where more than one event is conducted
• A copy of its articles of incorporation or constitution and/or per week, manufacturers of break open tickets and bingo
by-laws paper etc.)and gaming assistants
• A copy of its budget or financial statements for the preceding • the types of gaming premises,services and equipment that
and coming years can be provided
• Any other information that will assist in determining the • the regulation of registrants
charitable nature of the objects and purposes. This could
include an annual report, charitable number for income-tax The Regulations under the A:t prescribe the manner in which
purposes, the fact that it meets the reporting requirements of things are to be done includmi!:
the Charities Accounting Act
• The Proposed use of proceeds must be consistent with the • Exempting persons or classes of persons from registration
primnry obiects and purposes of the organization which • Defining classes or types of registrants
must be of a charitable nature consistent with at least one of • Fees payable
the four classifications of charitable purposes
FS'hete:do T find tlil proyffidifl af�ice?
How.will att
iYt n hcoli:be evtiltiB e
3 Ministry of Consumer and Commercial Relations
The following questions may be used to determine the eligibility of Entertainment Standards Branch
the applicant: 2od Floor, 1099 Bay Street
Toronto Ontario
• Does the organization qualify as a charitable or religious HISS 263
organization?
• Is the organization established to provide charitable services in Phone: (416)326-8700
Ontario and use proceeds for objects or purposes which benefit FAX: (4 16)326-87 1 1
Ontario residents?
• Does the organization restrict its mandate to any segment of
the community? Wite.e Cat1 I get a.copy of the Canitng Servil es
• Does a significant o
gna portion of the community benefit by the Act�utdthe:Regulations.
fund raising of the applicant?
• Is the applicant properly organized such that it is separate Published copies of the Gating Services Act and Regulations
from any other organization? ie, legally, financially, may be purchased at:
organizationally.
• Has the applicant been in operation for at least one(l)year and YUBLICA'11ONS ONTARIO
have a proven charitable mandate? If not, it is not eligible.
• Are there at least 3 persons who will assume full responsibility To order publications in Toronto
for the operation and conduct of the event, call: 326-5300
• What will the proceeds of the licensed event be used for and
is the intended use consistent with the classification? from other communities in Ontario
• Does the organization have a place of business in Ontario? call: 1-800-668-9938
.....,...................:..,.:................. :.:
........,. ....................... :.:..:.. .: or write to:
F��itat tykes of ritgantzatiotis arC _nQt clitarttubte for Publications Onta;
1otte0 ltcensIng purposes stn Floor, sao Ba;
Toronto, Ontario
Types of organizations which cannot be considered charitable M7A lN8
include:
Prepayment is required for:7 e publications. Make cheques
• social clubs payable to the Minister of F.r -ice. Master Card and Visa are
• professional associations, unions,employee groups accepted,
• elected representative groups including municipal, regional,
provincial and federal governments Ths :fact Sheet.' contairLC an ou(line ot,;policles"and
• government ministries, agents or bodies procedures and.;is;intended to bean ttformati:ot►documenI,
• liticallobb
po y groups For regulatory requirements please refer tQ the Cattiing
• political parties Set v(ces.AC1992 'theRegulatIoiuunder,ttie tt.Ct.and the
• adult hobby groups Teens itnd Cortd((lorts of licence3aalutd, Ot Copies of die
• private sports clubs(e.g. golf/curling) policies tutd procedures paea5e: Ct)'tltaCt 'out ttiimictpal
• adult sports teams PCEice'.'.or.ltie[irovtncial li�nsing;ov
OCTOBEW*1993
i
631 �
i
FACT SHE ET TO CHARITABLE GAMING IN ONTARIO
(Ce document est t5galement disponible en franpis)
tt .
V, >cfaarhabte': alri :; an :low�S>it: : u.laf •
advance
<.: :::.. ance a recognized field of knowledge which leads to '
(n gntar.o
an accredited degree, diploma or certificate, and
• do not include professional development
"Charitable gaming" refers to lottery schemes permitted by a
licence under the Crifhinal Code of Canada. Typically these may Examples of organizations that could be eligible:
include bingos,,;affles,break open tickets and monte carlo events, • elementary and secondary public and Roman Catholic
held by cn:iritable and religious organizations. Charitable separate schools
organizations are regulated by licensing policies and the terms and • accredited colleges and universities
conditions of the licences issued by the province or municipalities • private schools registered with Revenue Canada as a
under authority of an Order-in-Council. The commercial sector of charitable organization
the charitable gaming industry is regulated by the Gaming Services • parent/teacher associations or other groups which are uon-
Act, 1992 and Regulations proclaimed in force February 1, 1993, profit entities and which support one of the above types of
institutions.
• scholarship or bursary funds registered with Revenue
Canada ii �1CeI1Ce.tO.CQt1Ol1Ct U:�Ott�f 'SCI1C111 @? a as a charitable organization
Canada's Criminal Code permits charitable and religious (c)THE ADVANCEt1IENT OF RELIGION
organizations to conduct a lottery scheme to raise funds pursuant
to a licence being issued. Organizations must have a demonstrated Religious organizations must demonstrate that programs and
charitable or religious mandate to qualify. The courts have services assist in the delivery of religious services and
determined that the term"charitable'refers to organizations which Programs to the community. A religious body is considered
provide programs for: charitable when its activities serve religious purposes for the
a) the relief of poverty; public good. Other activities that advance religion,include:
b) the advancement of education;
c) the advancement of religion; • organizing and providing religious instruction, and
d) other charitable purposes beneficial to the community performing pastoral and missionary work; and
• establishing and maintaining buildings for worship and
The following pre-requisites are mandatory to be considered other religious use.
eligible for a lottery licence:
(d)ANY PURPOSE BENEFICIAL TO THE COMMUNITY
• Organizations must have been in existence for at least one
(1)year before being considered eligible for lottery licences To qualify an organization must demonstrate that:
• The organization must have a place of business in Ontario,
demonstrate that it is established to provide charitable • it is operated on a not-for-profit basis, and its purposes
services in Ontario and use proceeds for objects or include charitable or religious objects,
purposes which benefit Ontario residents. • its services are offered to a significant portion of the
public,and
The primary purposes of an organization are determined by • the proposed use of proceeds are consistent with its
considering: mandate
• the mandate of the organization as set out in its incorporation Eligible organizations include those with mandates in:
documents or documents stating the organization's objects • culture and arts
• the objects of the organization as described in its application • health and welfare
for licence • physical education
• the services which have actually been provided by the • community support
organization to the community • youth sports where majority of players are under 18
• service to the community(service clubs)
..
fy:P9_fl,(cla .faf;Ie.:.;ri: ,.;: .::;<;:;;:<;
a d zeltgtous o>gtUurottons .................::....::.
..
.:.............. ....
t�rt±.elt tole? t lotfey::�clis#t� t.be1'rav}Ice;;license?
Types of organizations in the four categories of charitable mandate The Province licenses the following events:
include those providing for:
• Bingo events with prize boards over$5,500
(a)TIIE RELIEF OF POVERTY • Super jackpot games
• Ticket raffle lotteries for total prizes over$50,000
Organizations providing assistance to: • Lotteries held in conjunction with anothcr gaming evcnl
licensed by the provincial office including break open
• the sick and dying tickets at bingo events
• disabled persons • Provincial break open ticket lotteries
• the homeless • All monle carlo events
• victims of crime • All lottery schemes conducted in unorganized territories
• rehabilitating young offenders and parolees • All lottery schemes at a designated Fair or Exhibition or
at a Public Place of Amusement
Funds may be provided to individuals or families where the relief
is a short-term or one-time payment intended to relieve an
exceptional or unusual condition or circumstance. e. .het in a
Wlat:IgtteC: scliiaies'clo._rtiUfuci a lttiies.bceuce',
( g P 8
family whose house has burnt down). `` "' p
A Municipality may issue licences to conduct the following
(b)THE ADVANCEMENT OF EDUCATION lottery schemes:
• Bingo events with prize boards$5,500 and under
To be eligible, an organization must provide tp thlic programs • Media bingo events ,
which: • Ticket raffle lotteries for total prizes$50,000 and under
• All break open ticket lotteries not licensed by the
• are geared to scholastic and vocational training for individuals Provincial office
and lead to a recognized diploma or certificate, or • Bazaars.
630
How does my organization i ply tt r a aottery If one of these groups Aish to raise funds to donate to
IICCtlCCZ charities, it must become recognized as a chartable
organization with an established charitable mandate, either
• Determine what type of lottery scheme your o-ganization through incorporation or by constitution and by-laws, and
intends to conduct apply for lottery licences to be used for projects or donations
• Obtain the appropriate application form from your local that are consistent with its charitable mandate.
municipal office or the province
• Complete the form according to the instructions on the form
and the policies provided by the municipal office or as set out NNIat is the.Gaming Services Ac m*d ltho`does
in the guide for that lottery event. it affect?
The Gaining Services Act is an Act to regulate the individuals
DQ ave to tnc.ude an}t ung with flit;mpphcatton and businesses who supply' goods, services and equipment to
�t)CtTtry charitable and religious organizations that have been licensed
to conduct lottery schemes. The Act provides, among other
First time applicants should, in addition to the materials required things, for:
with the application as identified in the licensing policies, provide
the following information or documents: • registration of businesses and individualsas suppliers(e.g.
all bingo halls where more than one event is conducted
• A copy of its articles of incorporation or constitution and/or per week, manufacturers of break open tickets and bingo
by-laws paper etc.)and gaming assistants
• A copy of its budget or financial statements for the preceding • the types of gaming premises,services and equipment that
and coming years can be provided
• Any other information that will assist in determining the • the regulation of registrants
charitable nature of the objects and purposes. This could
include an annual report, charitable number for income-tax The Regulations under the Act prescribe the manner in which
purposes, the fact that it meets the reporting requirements of things are to be done including:
the Charities Accounting Act
• The proposed use of proceeds must be consistent with the • Exempting persons or classes of persons from registration
primary objects and purposes of the oreanization which • Defining classes or types of registrants
must be of a charitable nature consistent with at least one of • Fees payable
the four classifications of charitable purposes
..
�Slief.0 do I find;flie provincial offtee.
Iiow will<ni t eatit} ntpltcaiobvlae1
Ministry of Consumer and Commercial Relations
The following questions may be used to determine the eligibility of Entertainment Standards Branch
the applicant: 2nd Floor, 1099 Bay Street
Toronto Ontario
• Does the organization qualify as a charitable or religious N15S 2133
organization?
• Is the organization established to provide charitable services in Phone: (416)326-8700
Ontario and use proceeds for objects or purposes which benefit FAX: (4 16)326-8711
Ontario residents?
• Does the organization restrict its mandate to any segment of
the community? NVII eie Can I.get,a,copr of,the G"nng Services
• Does a significant portion of the community benefit by the Act 'trid theRegulations?
fund raising of the applicant?
• Is the applicant properly organized such that it is separate Published copies of the Gaining Services Act and Regulations
from any other organization? ie, legally, financially, may be purchased at:
organizationally.
• Has the applicant been in operation for at least one(1)year and MBLICATIONS ONTARIO
have a proven charitable mandate? If not, it is not eligible.
• Are there at feast 3 persons who will assume full responsibility To order publications in Toronto
for the operation and conduct of the event. call: 326-5300
• What will the proceeds of the licensed event be used for and
is the intended use consistent with the classification? from other communities in Ontario
• Does the organization have a place of business in Ontario? call: 1-800-668-9938
or write to:
types of:organizations>ace charitable for Publications Onta
lottet�:;Iicensing l rposesl stn Floor, gso f3a..
Toronto, Ontario
Types of organizations which cannot be considered charitable M7A I.N8
include:
Prepayment is required for;7..ed publications. Make cheques
• social clubs payable to the Minister of=.cance. Master Card and Visa are
• professional associations,unions,employee groups accepted.
• elected representative groups including municipal, regional,
provincial and federal governments Thts fact sheet.: confains an°oufUne .aI policies it is
• government ministries, agents or bodies procedures aud.,ls intended to be ati infotma too dociimenf:
• political lobby groups For;cegulatory requirements please *"-U' O the.Gaining
• political parties Seryl&e Acf,1992 the Regulations under the Act,An A the
• adult hobby groups Terttts and Conditibtis of liunce3 fsaued for Copies of the
• private sports clubs(e.g, golf/curling) poltP. and procedures please:corttatt°}nur anuriIclpal
• adult sports teams oRice'or the.pirovlpeial li�n5tng'b (5iz.,
OC'I'OB>;iY°I993
631
liow does my: organtzattou,;apply fob a lo,ftery If one of these groups wish to raise funds to donate to +
charities, it must become recognized as a charitable
' iicencc? g
organization with an established charitable mandate, either
• Determine what type of lottery scheme your o•ganization through incorporation or be constitution and by-laws, and
intends to conduct apply for lottery licences to be used for projects or donations
• Obtain the appropriate application form from your local that are consistent with its charitable mandate.
municipal office or the province
• Complete the form according to the instructions on the form f
and the policies provided by the municipal office or as set out NVhat,is Ehe:C.aming Sery ICeS:ACtf a[ld WI10 does
in the guide for that lottery event. If affect?
The Gaining Services Act is an Act to regulate the individuals
DoT have:to melude:a'nitfi` P plleaf1011 and businesses who supply'goods, services and equipment to
tprpry. _ charitable and religious organizations that have been licensed
to conduct lottery schemes. The Act provides, among other
First time applicants should, in addition to the materials required things, for:
with the application as identified in the licensing policies,provide
the following information or documents: • registration of businesses and individualsas suppliers(e,g,
all bingo halls where more than one event is conducted
• A copy of its articles of incorporation or constitution and/or per week, manufacturers of break open tickets and bingo
by-laws paper etc.)and gaming assistants
• A copy of its budget or financial statements for the preceding • the types of gaming premises,services and equipment that
and coming years can be provided
• Any other information that will assist in determining the • the regulation of registm-us
charitable nature of the objects and purposes. This could
include an annual report, charitable number for income-tax The Regulations under the Aa prescribe the manner in which
purposes, the fact that it meets the reporting requirements of things are to be done including:
the Charities Accounting Act
• The proposed use of proceeds must be consistent with the • Exempting persons or classes of persons from registration
primary objects and purposes of the organization which • Defining classes or typ s of registrants
must be of a charitable nature consistent with at least one of • Fees payable
the four classifications of charitable purposes
ti�7lere_da I fitd,;the prot•inclal Office2
L>oiv will Y.: *PA Md" a7. Ministry of Consumer and Commercial Relations
The following questions may be used to determine the eligibility of Entertainment Standards Bnanch
the applicant: 2nd Floor, 1099 Bay Street
Toronto Ontario
• Does the organization qualify as a charitable or religious N15S 2133
organization?
• Is the organization established to provide charitable services in Phone: (416)326-8700
Ontario and use proceeds for objects or purposes which benefit FAX: (416)326-9711
Ontario residents?
• Does the organization restrict its mandate to any segment of
the community? �VheCC,cn�f;;i.get,a copy ofahewamigg: ervices
• Does a significant portion of the community benefit by the Aco' the.R' lations?
fund raising of the applicant?
• Is the applicant properly organized such that it is separate Published copies of the Ga.---cg Services Act and Regulations
from any other organization? ie, legally, financially, may be purchased at:
organizationally.
• Has the applicant been in operation for at least one(1)year and 111LIliL1CA'I'IONS ONTARIO
have a proven charitable mandate? If not, it is not eligible.
• Are there at least 3 persons who will assume full responsibility To order publications in T:ronto
for the operation and conduct of the event. call: 326-5300
• What will the proceeds of the licensed event be used for and
is the intended use consistent with the classification? from other communities in Ontario
• Does the organization have a place of business in Ontario? call: 1-800-668-993S
.:.....:....................
::.::.:...:.::..,.::... ...........
or write to:
FN hat types of organtztitiotLS;arO nQt charttAbie for Publications Ont_-:
pp
IottoC�';�CPt15lli1g::pUCpOSC5L 5th Floor, 880 Baas•
_'..
...r
Toronto, Ontario
Types of organizations which cannot be considered charitable M7A 1N8
include:
Prepayment is required for:-:ed publications. Make cheques
• social clubs payable to the Minister of F_-_--ice. Master Card and Visa are
• professional associations, unions,employee groups accepted.
• elected representative groups including municipal, regional,
provincial and federal governments This.,fact sheet..ConWr_ art 0 c Eline t3f: AMR* an
• government ministries, agents or bodies procedures'apd is tntende�to be an ittfotmattott doCUinent
• political lobby groups For regulaEorp requirem.-its please refer ao tht Gaming
• political parties Services Act,: 99z the RF4ulatio(is under.the tact and.the
• adult hobby groups Teens and Condittbris of licences issttecl'For cOpics oP llie
• private sports clubs(e.g, golf/curling) poiicles and procedures please.contact'vour inttritctpai
• adult spores teams o(Tice or.thc:provinciat Ging..ofCt
OC7`OBE1Y;`i993
631
ATTACHMENT #3
! Order in Council
D6cret
I
IOntario
Executive Council
Conseil des ministres
On the recommendation of the undersigned, the Sur la recommandation du soussign6, le
Lieutenant Governor, by and with the advice and lieutenant-gouverneur,sur I'avis et avec le con-
concurrence of the Executive Council, orders that: sentement du Conseil des ministres, d6cr6te ce
qui suit
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 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 where
the proceeds are used for a charitable or religious purpose
benefitting the residents of Ontario.
AND WHEREAS the Lieutenant Governor in Council of Ontario or such
other person 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 of 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 or such other person
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 a public place of amusement subject to the
limitations imposed under the Criminal Code (Canada) .
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. '.
AND IT IS FURTHER DECLARED THAT all Orders-in-Council made prior to
the date this Order-in-Council is made relating to the issuing of
lottery licences are hereby revoked, namely O. C. numbers 70/70,
274/70, 2639/73 , 2797/82 , 1671/88 and 1804/89 .
615;
O.C./D6crei
2 -
INTERPRETATION
1. In this Order-in-Council,
(a) "charitable object or purpose" means any object or
purpose relating to,
(i) the relief of poverty;
(ii) the advancement of education;
(iii) the advancement of religion; or
(iv) any other purpose beneficial to the community.
(b) "charitable organization" means an .organization which is
created primarily for a charitable object or purpose in
Ontario, is operated not for profit, and includes a
religious organization;
(c) "Director" means the Director under the Gaming Services
Act, 1992 ;
(d) "gross proceeds" means all money and other things of
value received by a person in the conduct of a lottery
event;
(e) "licence" means a licence issued under the Criminal Code
(Canada) , by or under the authority of the Lieutenant
Governor in Council , to conduct or manage a lottery
scheme;
(f) "licensee" means a person to whom a licence is issued;
(g) "lottery event" means a single occasion at which a
lottery scheme is conducted;
(h) "lottery scheme" has the same meaning as in the Criminal
Code (Canada) ;
(i) "Ministry" means the Ministry of Consumer and Commercial
Relations;
(j ) 'person" means a corporation, organization, association
or partnership, including a charitable organization.
616
i
F
3 -
AUTHORITY TO LICENCE - DIRECTOR - MUNICIPAL COUNCIL
2 . (1) The Director may issue or cause to be issued a licence to
any person eligible to conduct and manage a lottery
scheme subject to the provisions of Section 207 of the
Criminal Code (Canada) .
(2) A municipal council may where it deems it to be in the
best interests of the inhabitants of the municipality,
issue a licence authorizing an eligible charitable
organization to conduct and manage the following types of
lottery schemes, if the proceeds from the lottery scheme
are used for a charitable or religious object providing
a direct benefit to the residents of Ontario,
(a) a bingo lottery event where the amount or value of
the prize or prizes awarded is no greater than
$5, 500. 00 in value;
(b) a raffle lottery event where the amount or value of
the prize or prizes awarded does not exceed a total
value of $50, 000. 00 ;
(c) a break open ticket lottery event up to one year to
be • conducted from one location within the
gebgraphical boundaries of the municipality other
than a break open ticket lottery event which is
managed and conducted in conjunction with another
licensed gaming event;
(d) a bazaar lottery event during which the only
lottery events authorized to be played are,
(i) a maximum of three wheels of fortune where
individual bets are no more than $2. 00,
(ii) a raffle lottery not exceeding $500. 00 in
prizes,
(iii) a bingo lottery not exceeding $500. 00 in
prizes;
(e) a media bingo lottery event conducted on or through
television, radio, newspaper or other means of
communication where the amount or value of the
prize or prizes awarded is no greater than
$5, 500 . 00.
(3 ) Notwithstanding the provisions of subsection (2) , a
municipal council shall not issue a licence,
617
4 -
(a) unless the proposed event will be conducted in
accordance with the requirements of the Gaming
Services Act, 1992 , and regulations;
(b) for a lottery event in which a prize or prizes not
awarded at one event may be added to the amount of
the prize to be awarded at a subsequent event or
events;
(c) for a lottery event in which games of a type known
as razzle dazzle, roll down, three-card monte,
punch board, coin table or any dice games are to be
operated;
(d) for a lottery event in which a monte carlo event is
to be conducted, including games using playing
cards, the game commonly known as blackjack, rapid
blackjack, blackjack tournament and wheels of
fortune;
(e) to a public place of amusement or the board of a
fair or exhibition or the operators of concessions
leased by such board;
(f) for. such lottery events which are prohibited
lottery schemes under the Criminal Code (Canada ;,
(g) for a super jackpot bingo event;
(h) for a break open ticket lottery event which is
managed and conducted in con unction with, another
licensed gaming event;
(i) for a provincial break open ticket lottery.
DETERMINATION OF ELIGIBILITY
:3 . The Director or such other person as the Director may
authorize, may determine whether a person is eligible for a
licence to conduct and manage a lottery scheme and assign a
group identification number.
4 � The Director or a person authorized under paragraph 3 may
periodically review a person' s eligibility for a licence.
5 . Once the Director makes a determination that a person is
eligible, the Director shall inform the municipal council that
the person may. be granted a license.
5 -
6. The Director shall inform the municipal council that 'a person
is not eligible to conduct and manage a lottery scheme and the
municipal council shall not issue a licence.
LICENCES - GENERAL
7 . The application for a licence and the licence shall be in the
form prescribed by the Director.
8 . A report prescribed by the Director or a copy of each licence
issued by a municipal council shall be forwarded to the
Director by mail, facsimile transmission or such electronic
format approved by the Director.
LICENCES - BINGO
9 . (1) In this section "bingo event" means an occasion at which
individual games of bingo are played in accordance with
a schedule of games conducted under the authority of a
licence.
(2) A bingo lottery licence may be issued to a person for a
single bingo event, or for a number of bingo events not
to exceed 52 events in one year or such other limits, if
any, set by the municipal council issuing the licence.
(3) The licence shall specify the name and address of the
licensee, the place at which the bingo event is to be
conducted, the Gaming Services Act, 1992 registration
number of the supplier, if applicable, the date or dates
of operation, and the starting and finishing times of
each bingo event.
(4) The licence shall specify the value of the prize or
prizes awarded consisting of the maximum money or retail
value of the prizes to be awarded at the bingo event.
(5) A licensee shall not combine the value of the .prize or
prizes awarded for two or more bingo lottery licenses
into one event.
619
6 --
(6) A licence for a bingo event may only be issued for the
conduct of a bingo event at bingo hall premises named in
the registration of a bingo hall owner or operator
registered under the Gaming Services Act, 1992 , on the
day before this Order-in-Council was signed or, at such
other location or premises which is approved in writing
by the municipal council for the municipality in which
the bingo hall premises is to be located. The approval of
the municipal council shall be in accordance with the
criteria and procedures for bingo halls prescribed by the
Director.
TERMS AND CONDITIONS
10 . (1) The Director may attach terms and conditions to any
licence.
(2) A municipal council may attach terms and conditions to a
licence issued by the municipal council.,
(3) In the event that a term or condition imposed by a
municipal council is in conflict with a term or condition
imposed by the Director, the term or condition imposed by
the Director shall apply.
11 . (1) In addition to such terms and conditions as may be
imposed by the Director or municipal council, a licence
shall be subject to the following terms -and conditions,
(a) the licensee shall comply with all the terms and
provisions set out in the application for licence;
(b) the gross proceeds from the lottery shall be used
for the charitable or religious objects or purposes
providing a direct benefit to the residents of
Ontario as set out by the licensee in the
application for a licence, less the cost of the
prizes awarded and such reasonable and necessary
expenses actually incurred in the management and
conduct of the lottery, and such expenses shall be
restricted to those set out in the terms and
conditions of the licence;
(c) the licensee shall provide to the Director or
municipal council and all peace officers, direct
and unencumbered access to all books and records of
the licensee pertaining to the nature, management,
and conduct of the event for which the licence has
been granted at any time, including prior to,
x2' 0
7 _
during or after the conclusion of the event, and
shall deliver to the Director or municipal council
such books and records upon request.
SECURITY FOR PAYMENT OF PRIZES AT LOTTERY EVENTS
12 . In this part, the licensing authority is the Director or the
municipal council as the case may be.
13 . The licensing authority may require licensees to provide
security for ensuring that payment of all proposed prizes is
guaranteed.
14 . The security for the guarantee of payment of prizes shall be
in a form prescribed by the licensing authority who, in
addition, may require that a specified amount be submitted in
the form of,
(a) an irrevocable letter of credit from a chartered bank of
Canada or other registered financial institution in
Ontario, payable to the licensing authority, which
expires no sooner than 45 days after the last day of the
lottery event as specified in the licence,
(b) a certified cheque, or
(c) a bank draft or money order.
15 . The amount submitted as security for the guarantee of payment
of prizes shall be held by the licensing authority until such
time as the licensing authority is satisfied that the lottery
event has been completed and the prizes have been paid or
awarded to all winners.
16. Where the licensee refuses or fails to pay out prizes to
winners at a lottery event, the licensing authority shall
cause the amount submitted as security to be realized upon and
shall use the proceeds to pay the prizes to the winners.
17 . The licensing authority shall determine who is entitled to the
prizes referred to in this part and the licensing authority's
decision is final .
18 . Where a prize is not claimed by a winner within a reasonable
period of time and, where in the opinion of the licensing
authority, all reasonable attempts have been made by the
licensee to contact the winner, the unclaimed prize shall be
held in trust by the licensee for a period not less than
twelve (12) months from the date the prize was awarded. At the
6 21
8 -
end of the twelve month period the total amount of the prize
held in trust, including interest, shall be included by the
licensee in the gross proceeds from the lottery event.
SUSPENSION OR CANCELLATION OF LICENCE
19 . The Director or municipal council may at any time suspend,
cancel, or refuse to issue a licence where,
(1) there has been a breach of any term or condition,
(2) there are reasonable grounds to believe that the licensee
will not conduct and manage the lottery scheme in
accordance with law or with honesty and integrity,
(3) in his, her or its opinion it is in the public interest
to do so, or,
(4) a licensee fails to submit the financial reports relating
to the conduct of any lottery event which may be or may
have been required as a term or condition of a licence.
20 . Where the Director or a municipal council is satisfied that
it is in the best interests of the community, he, she or it
may refuse on reasonable grounds to issue a licence and in
doing so may take into account such factors as the number of
licences issued and the playing locations already in
existence.
21. The Director may at any time suspend or cancel a licence
issued by a municipal council where the licence was not issued
in accordance with the policies or guidelines of the Director.
22 . The Lieutenant Governor in Council may at any time revoke the
authority to issue licences given under this Order-in-Council
to the Director or to a municipal council .
FEES
23 . The maximum fees to be charged for the issuing of a licence
shall be prescribed by the Director and all other fees or
charges which exceed the maximum fees are prohibited.
6 2
9 -
FAIRS AND EXHIBITIONS AND PUBLIC PARRS OF AMUSEMENT
24 . The Director is authorized to designate fairs and exhibitions
where a lottery scheme may be conducted and managed and to
issue licences to the boards of such designated fairs and
exhibitions or to the operators of concessions leased by such
boards.
25. The Director is authorized to issue licences to conduct and
manage a lottery scheme at a public place of amusement in
accordance with the terms set out in the Criminal Code
(Canada) .
Recommended Concurred
Minister of Consumer Chairman
and Commercial Relations
Approved and Ordered
Date Lieutenant Governor
623
ATTACHMENT #4
ul-%tario
'm"'
Ministry of Ministbre de to Wellesley street East 10,rue Welles►ey est
Consumer and
la Consommation Toronto ON M7A 2H6 Toronto ON M7A 2h6
Commercial Relations et du Commerce 4161326•
November 10, 1993
MEMORANDUM TO: ALL LICENSEES OF PROVINCIAL
BREAK OPEN TICKET LOTTERIES
RE; NEW TERMS AND CONDITIONS
Enclosed are the revised additional terms and conditions for your provincial
break open ticket licence. All regular terms and conditions of the break open
ticket lottery apply.
These new terms and conditions take effect immediately. These new terms
were designed in consultation with the Ontario Charitable Gaming Coalition
and are intended to give provincially mandated charities fair and equal access
to the market. These terms and conditions establish a new administrative
process that replaces the requirement to obtain municipal approval for the
sale of tickets. If you have any questions concerning the administration of
these terms please feel free to contact myself or the Coalition Chair, Mrs.
Diane 1Phaneuf.
Yours truly,
Jean Malor
Registrar
Gaming Services Act
6 24
& Ontario
Ministry Of Ministere de t0 Wellesley street East 10.ruo Wellesley est
la Consommation Toronto ON WA 2H6 Toronto ON Wh 2h6
Consumer and
Commercial Relations et du Commerce 416J326
ADDITIONAL TERMS AND CONDITIONS
PROVINCIAL BREAK OPEN TICKET LOTTERY
Your Provincial Break Open Ticket licence has been issued under the
following additional terms and conditions:
1. You (the licensee) may not sell tickets from any municipality where
one of your local chapters is already licensed to do so. You are
entitled to one sales location per municipality.
20 A copy of your licence must be posted at the premises where the
tickets will be sold.-
3. You must notify our office in writing of all locations where you intend
to sell tickets. A copy of this notification must be sent to the
municipality where the tickets will be sold.
4. You must comply with all municipal by-laws dealing with the sale of
break open tickets including those prohibiting all break open ticket
sales. This.does not include any municipal by-laws or licensing policies
that would unduly or unfairly restrict entry to organizations holding
a provincial break open ticket lottery licence. The intent of this term
and condition is to provide organizations with a provincial break open
ticket lottery licence the opportunity to have fair and equal access to
the charitable gaming market.
5. You must comply with any request from our office to remove the sale
of break open tickets from any location where it is deemed by our
office to be inconsistent with the principles of fair and equal access as
described in item 4 above.
Director, Gaming Services Act
Entertainment Standards Branch
November 10, 1993
6251