- The only case of an online gambling company being prosecuted under Canadian law is Starnet, a company that was licensed in the Caribbean but had an office in Vancouver. The courts ruled that the business had sufficient links to Canada, and thus should have had a license in order to operate in the country.
- The Canadian courts have agreed that a four-part mathematical test such as '155 plus 33 minus four divided by 2' is enough to qualify as a skill-testing question, as long as winners are not allowed to use a calculator or other aid to answer the question.
Canada has a lot of things to brag about. It’s home to some of the most beautiful landscapes and backdrops in more isolated areas intertwined with the perfect mix of modern city views with sky-scraping glass towers, which attracts tourists from all around the world, making it one of the top destinations to travel. Not only are travellers searching for the visually pleasing atmosphere, but they are also after the vast amount of gambling opportunities that the country is known for. For decades, citizens from around the world have come from far and wide to try for their lucky chance to win. Today, those from around the world can enjoy gaming on Canadian soil and also try their luck online from the comfort of their homes or on the go from their mobile devices. But what about the gambling laws in Canada? Here, we will break down the relevant legislation, giving both citizens and those travelling to the mountain-filled oasis a better way to understand it.
What is considered illegal?
The game of gambling didn’t become legal until 1970 when the country tried to put an end to illegal gambling availed by criminal organizations. In 1985, things began to get a little complicated, as the provinces and territories were given the right to introduce certain Canadian casino laws the way that they see fit. The laws have been tweaked over time, becoming what they are now as of 2010. There are several sections in the Canadian Criminal Code that mention gambling, with serious crimes being:
- Keeping a common gaming house;
- The use of illegal means of gaming like betting and booking;
- Unpermitted lotteries and games that rely on luck in exchange for money;
- The practice of cheating at gambling games to defraud the house.
Accordingly, all gambling is generally criminalized in Canada (see section 206). After initially criminalizing all gambling, the Criminal Code, in the next section (s. 207), sets out exceptions. Activities which are provincially-licensed and regulated are deemed to be legal gambling. Raffles are a very popular method of fundraising used by charities and nonprofit organizations throughout Canada. The Canadian Federal Government allows each Canadian province to have its own laws and regulations. As such, Ontario has its own regulatory office and laws.
In Canada, when they say serious offence, this generally consists of a prison sentence for a maximum of 5 years; however, the majority of convicts spend no more than 2 years and sometimes only face a fine of up to $5,000. There are a lot of grey areas in most laws, but a good rule of thumb to follow is “…gambling is illegal within the borders of Canada if it’s not licensed or managed by the government.” Casinos are required to have their license displayed. If this is not clearly available, simply ask someone for their license. It is a sure way to receive a guarantee that gamers can take a chance at luck without the possibility of committing a crime.
The Laws of Canadian Gambling
The complicated thing about Canadian gaming laws is the fact that they vary by province and by territory. There are 10 total provinces, each with their own set of rules and regulations. These regulations are very specific, depending on which type of gaming you prefer. Mostly all provinces allow for casino gaming, horse race bets, and sports bets, but it is always best to check licenses before partaking in any of them to ensure that gamers are legally trying their luck for more money.
Age
One of the first issues to note is the Canadian gambling age. It can be either 18 or 19, depending on where you’re gambling and also which type of gaming you’ll be doing. Lottery in most areas is allowed by those aged 18 and up, with several provinces raising the age for sports and horse betting to 19.
Taxes
The amount of taxes to be paid depends on whether or not the lucky winner is a citizen. Taxes are a bit higher for those coming from other countries, a phenomenon that is not uncommon. The second factor is whether the player is partaking in a game of chance for work or pleasure.
Safety
One of the serious concerns of the Canadian government is safety, especially with the boom of online gaming. Laws have placed strict regulations on international companies wishing to cater to Canadian gamers. They enforce these regulations by auditing and requiring each of them to obtain a license for operating as a casino officially in the Canadian jurisdiction.
Canadian Online Gambling Laws
So, overall, is online gaming legal? Yes, but only to some extent. The way that the laws are written has left a small loophole for companies from overseas to cater to Canadian gamers stating that offshore online gaming is legal. The tricky part is, most of the servers are located on Canadian soil but conduct business operations in other locations, making for a swarm of complications in the process. Technically, according to most laws that are in place today, offshore gaming sites are breaking Canadian laws daily, but they are unable to be prosecuted without a straightforward law of some entity to take them to court. The laws, in general, have the term ‘grey area’ written all over them, as a label and a reminder that much is left up in the air.
So, what does that mean for you?
Basically, the takeaway message here is always to be sure that as a citizen and a visitor, you should only play in a licensed casino to ensure that you are within legal limits. When it comes to online gaming, this could prove to be difficult as it is less regulated at the time. For this reason, it is important to check the license of the online casino and also the security setting involved to make sure that it is not only legal but safe. Lucky for those within the borders, there are millions of options to get your gambling fix or place a lucky wager on a team or sport.
Today, over 80% of the entire population of Canadians partakes in a game or two every year. That goes to show that the gambling world is going nowhere, it is here to stay and sure to grow in the years to come.
Learn How to Hold a Legal Raffle in Canada
Canada’s raffle law maintains that only certain charitable organizations are eligible to hold raffles. Each of the Canadian Provinces has been allowed to specify their own set of rules as well that are unique to that province. With this in mind, it is beneficial to research the province and municipality where the raffle is to take place, and make sure to adhere to the rules that are set in place there. In the Province of Ontario, the amount of money to be awarded in prizes determines whether the raffle requires a municipal licence or a provincial licence.
The cutoff that determines the type of licence is $50,000, and if total prize value exceeds that amount, the Ontario Registrar of Alcohol and Gaming may issue a provincial licence for an eligible organization. If the total value of prizes is less than $50,000, then an eligible organization may apply for a municipal licence at the municipality where the raffle is going to be held. Apply for a blanket raffle licence if planning to have a series of raffles within a certain period of time. Any organization that conducts a raffle is responsible for adhering to the terms and conditions of that licence.
To be eligible for a raffle licence in Ontario, an organization must have been in existence at least 1 year, have a place of business in Ontario, be able to prove that it can provide charitable services in Ontario and use profits from the raffle to benefit the community in some way. For organizations seeking their first raffle licence, applications must be submitted at least 45 days before the event. If it is not the first licence for the organization, the application should be submitted at least 30 days prior to the event. It is important to include the appropriate licensing fee and all required documents to determine eligibility when applying for a raffle licence, or the application may be returned.
Keeping that in mind, get licence fee information, review terms and conditions and download application forms for raffles in Ontario by clicking here.
Include the Following in an Application to Determine Eligibility
- Incorporation papers
- Constitution and by-laws
- The current operating budget
- Current listing of the Board of Directors
- Financial Statement for previous fiscal year (audited, where applicable)
- Detailed outline of all programs/services provided in the previous year and specific costs incurred in delivery
- Detailed outline of all programs/service currently provided and specific costs incurred in delivery
- The proposed use of proceeds, which must be consistent with the primary objects and purposes of the organization and of a charitable nature consistent with at least one of the four classifications of charitable purposes.
Get Your Raffle Tickets Started
Time to start printing? Just be sure to choose a ticket template with two parts—a body and a stub—and print the legally required information on each ticket.
On the body, to be retained by the donor, include:
i) the licence number;
ii) the name of the licensee
iii) the location(s), date(s), and time(s) of the draw(s);
iv) a description, including the nature, number and value of the prize(s) to be awarded;
v) the price of each ticket;
vi) the number of the ticket, and;
vii) the total number of tickets printed.
On the part retained by the organization (for draw or record purposes):
i) the number of the ticket;
ii) the licence number and the name of the licensee;
What Are The Laws On Raffles
iii) adequate space for the name, address and telephone number of the ticket purchaser.
Raffle Laws Canada Ontario
In addition, if the tickets are to be discounted from the regular price (i.e. $1.00 or 3 for $2.00), then the prices shall be indicated and printed on each ticket.