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Offence in relation to lotteries and games of
chance
206. (1) Every one is guilty of an indictable offence
and liable to imprisonment for a term not exceeding two years who
| (a) |
makes, prints, advertises or publishes, or causes
or procures to be made, printed, advertised or published, any proposal,
scheme or plan for advancing, lending, giving, selling or in any way
disposing of any property by lots, cards, tickets or any mode of chance
whatever; |
| (b) |
sells, barters, exchanges or otherwise disposes
of, or causes or procures, or aids or assists in, the sale, barter,
exchange or other disposal of, or offers for sale, barter or exchange,
any lot, card, ticket or other means or device for advancing, lending,
giving, selling or otherwise disposing of any property by lots, tickets
or any mode of chance whatever; |
| (c) |
knowingly sends, transmits, mails, ships, delivers
or allows to be sent, transmitted, mailed, shipped or delivered, or
knowingly accepts for carriage or transport or conveys any article
that is used or intended for use in carrying out any device, proposal,
scheme or plan for advancing, lending, giving, selling or otherwise
disposing of any property by any mode of chance whatever; |
| (d) |
conducts or manages any scheme, contrivance or
operation of any kind for the purpose of determining who, or the holders
of what lots, tickets, numbers or chances, are the winners of any
property so proposed to be advanced, lent, given, sold or disposed
of; |
| (e) |
conducts, manages or is a party to any scheme,
contrivance or operation of any kind by which any person, on payment
of any sum of money, or the giving of any valuable security, or by
obligating himself to pay any sum of money or give any valuable security,
shall become entitled under the scheme, contrivance or operation to
receive from the person conducting or managing the scheme, contrivance
or operation, or any other person, a larger sum of money or amount
of valuable security than the sum or amount paid or given, or to be
paid or given, by reason of the fact that other persons have paid
or given, or obligated themselves to pay or give any sum of money
or valuable security under the scheme, contrivance or operation; |
| (f) |
disposes of any goods, wares or merchandise by
any game of chance or any game of mixed chance and skill in which
the contestant or competitor pays money or other valuable consideration; |
| (g) |
induces any person to stake or hazard any money
or other valuable property or thing on the result of any dice game,
three-card monte, punch board, coin table or on the operation of a
wheel of fortune; |
| (h) |
for valuable consideration carries on or plays
or offers to carry on or to play, or employs any person to carry on
or play in a public place or a place to which the public have access,
the game of three-card monte; |
| (i) |
receives bets of any kind on the outcome of a game
of three-card monte; or |
| (j) |
being the owner of a place, permits any person
to play the game of three-card monte therein. |
Definition of "three-card
monte"
(2) In this section, "three-card monte" means the game
commonly known as three-card monte and includes any other game that is
similar to it, whether or not the game is played with cards and notwithstanding
the number of cards or other things that are used for the purpose of playing.
Exemption for fairs
(3) Paragraphs (1)(f) and (g), in so far
as they do not relate to a dice game, three-card monte, punch board or
coin table, do not apply to the board of an annual fair or exhibition,
or to any operator of a concession leased by that board within its own
grounds and operated during the fair or exhibition on those grounds.
Definition of "fair or exhibition"
(3.1) For the purposes of this section, "fair
or exhibition" means an event where agricultural or fishing products are
presented or where activities relating to agriculture or fishing take
place.
Offence
(4) Every one who buys, takes or receives a lot, ticket
or other device mentioned in subsection (1) is guilty of an offence punishable
on summary conviction.
Lottery sale void
(5) Every sale, loan, gift, barter or exchange of any
property, by any lottery, ticket, card or other mode of chance depending
on or to be determined by chance or lot, is void, and all property so
sold, lent, given, bartered or exchanged is forfeited to Her Majesty.
Bona fide exception
(6) Subsection (5) does not affect any right or title
to property acquired by any bona fide purchaser for valuable consideration
without notice.
Foreign lottery included
(7) This section applies to the printing or publishing,
or causing to be printed or published, of any advertisement, scheme, proposal
or plan of any foreign lottery, and the sale or offer for sale of any
ticket, chance or share, in any such lottery, or the advertisement for
sale of such ticket, chance or share, and the conducting or managing of
any such scheme, contrivance or operation for determining the winners
in any such lottery.
Saving
(8) This section does not apply to
| (a) |
the division by lot or chance of any property by
joint tenants or tenants in common, or persons having joint interests
in any such property; |
| (b) |
the distribution by lot of premiums given as rewards
to promote thrift by punctuality in making periodical deposits of
weekly savings in any chartered savings bank; or |
| (c) |
bonds, debentures, debenture stock or other securities recallable
by drawing of lots and redeemable with interest and providing for
payment of premiums on redemption or otherwise.
R.S., c. C-34, s. 189; R.S., 1985, c. 52 (1st Supp.), s. 2.
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Permitted lotteries
207. (1) Notwithstanding any of the provisions of this
Part relating to gaming and betting, it is lawful
| (a) |
for the government of a province, either alone
or in conjunction with the government of another province, to conduct
and manage a lottery scheme in that province, or in that and the other
province, in accordance with any law enacted by the legislature of
that province; |
| (b) |
for a charitable or religious organization, pursuant
to a licence issued by the Lieutenant Governor in Council of a province
or by such other person or authority in the province as may be specified
by the Lieutenant Governor in Council thereof, to conduct and manage
a lottery scheme in that province if the proceeds from the lottery
scheme are used for a charitable or religious object or purpose; |
| (c) |
for the board of a fair or of an exhibition, or
an operator of a concession leased by that board, to conduct and manage
a lottery scheme in a province where the Lieutenant Governor in Council
of the province or such other person or authority in the province
as may be specified by the Lieutenant Governor in Council thereof
has
| (i) |
designated that fair or exhibition as a fair
or exhibition where a lottery scheme may be conducted and managed,
and |
| (ii) |
issued a licence for the conduct and management
of a lottery scheme to that board or operator; |
|
| (d) |
for any person, pursuant to a licence issued by
the Lieutenant Governor in Council of a province or by such other
person or authority in the province as may be specified by the Lieutenant
Governor in Council thereof, to conduct and manage a lottery scheme
at a public place of amusement in that province if
| (i) |
the amount or value of each prize awarded
does not exceed five hundred dollars, and |
| (ii) |
the money or other valuable consideration
paid to secure a chance to win a prize does not exceed two dollars; |
|
| (e) |
for the government of a province to agree with
the government of another province that lots, cards or tickets in
relation to a lottery scheme that is by any of paragraphs (a)
to (d) authorized to be conducted and managed in that other
province may be sold in the province; |
| (f) |
for any person, pursuant to a licence issued by
the Lieutenant Governor in Council of a province or such other person
or authority in the province as may be designated by the Lieutenant
Governor in Council thereof, to conduct and manage in the province
a lottery scheme that is authorized to be conducted and managed in
one or more other provinces where the authority by which the lottery
scheme was first authorized to be conducted and managed consents thereto; |
| (g) |
for any person, for the purpose of a lottery scheme
that is lawful in a province under any of paragraphs (a) to
(f), to do anything in the province, in accordance with the
applicable law or licence, that is required for the conduct, management
or operation of the lottery scheme or for the person to participate
in the scheme; and |
| (h) |
for any person to make or print anywhere in Canada
or to cause to be made or printed anywhere in Canada anything relating
to gaming and betting that is to be used in a place where it is or
would, if certain conditions provided by law are met, be lawful to
use such a thing, or to send, transmit, mail, ship, deliver or allow
to be sent, transmitted, mailed, shipped or delivered or to accept
for carriage or transport or convey any such thing where the destination
thereof is such a place. |
Terms and conditions of licence
(2) Subject to this Act, a licence issued by or under
the authority of the Lieutenant Governor in Council of a province as described
in paragraph (1)(b), (c), (d) or (f) may contain
such terms and conditions relating to the conduct, management and operation
of or participation in the lottery scheme to which the licence relates
as the Lieutenant Governor in Council of that province, the person or
authority in the province designated by the Lieutenant Governor in Council
thereof or any law enacted by the legislature of that province may prescribe.
Offence
(3) Every one who, for the
purposes of a lottery scheme, does anything that is not authorized by
or pursuant to a provision of this section
| (a) |
in the case of the conduct, management or operation
of that lottery scheme, (i) is guilty of an indictable offence and
liable to imprisonment for a term not exceeding two years, or (ii)
is guilty of an offence punishable on summary conviction; or |
| (b) |
in the case of participating in that lottery scheme,
is guilty of an offence punishable on summary conviction. |
Definition of "lottery
scheme"
(4) In this section, "lottery scheme" means a game or
any proposal, scheme, plan, means, device, contrivance or operation described
in any of paragraphs 206(1)(a) to (g), whether or not it
involves betting, pool selling or a pool system of betting other than
| (a) |
a three-card monte, punch board or coin table;
|
| (b) |
bookmaking, pool selling or the making or recording
of bets, including bets made through the agency of a pool or pari-mutuel
system, on any race or fight, or on a single sport event or athletic
contest; or |
| (c) |
for the purposes of paragraphs (1)(b) to
(f), a game or proposal, scheme, plan, means, device, contrivance
or operation described in any of paragraphs 206(1)(a) to (g)
that is operated on or through a computer, video device or slot machine,
within the meaning of subsection 198(3), or a dice game. |
Exception re: pari-mutuel betting
(5) For greater certainty, nothing in this section shall
be construed as authorizing the making or recording of bets on horse-races
through the agency of a pari-mutuel system other than in accordance with
section 204.
R.S., c. C-34, S.190; 1974-75-76, c.93, s.12; R.S. 1985,
c.27 (1st Supp.), s. 31; c. 52 (1st Supp.), s. 3; 1999, c.5, s.6.
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