Criminal Code of Canada - section 207.1(1) - Exemption lottery scheme on an international cruise ship

section 207.1(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for lottery schemes to be conducted on international cruise ships under specific conditions.

SECTION WORDING

207.1 (1) Despite any of the provisions of this Part relating to gaming and betting, it is lawful for the owner or operator of an international cruise ship, or their agent, to conduct, manage or operate and for any person to participate in a lottery scheme during a voyage on an international cruise ship when all of the following conditions are satisfied: (a) all the people participating in the lottery scheme are located on the ship; (b) the lottery scheme is not linked, by any means of communication, with any lottery scheme, betting, pool selling or pool system of betting located off the ship; (c) the lottery scheme is not operated within five nautical miles of a Canadian port at which the ship calls or is scheduled to call; and (d) the ship is registered (i) in Canada and its entire voyage is scheduled to be outside Canada, or (ii) anywhere, including Canada, and its voyage includes some scheduled voyaging within Canada and the voyage (A) is of at least forty-eight hours duration and includes some voyaging in international waters and at least one non-Canadian port of call including the port at which the voyage begins or ends, and (B) is not scheduled to disembark any passengers at a Canadian port who have embarked at another Canadian port, without calling on at least one non-Canadian port between the two Canadian ports.

EXPLANATION

Section 207.1(1) of the Criminal Code of Canada outlines the circumstances under which conducting, managing, or participating in a lottery scheme on an international cruise ship is lawful. Despite provisions in the Code related to gaming and betting, this section permits such activities if certain conditions are met. Firstly, all participants in the lottery scheme must be located on the ship. The scheme cannot be linked to any other form of betting or gambling off the ship. Additionally, the lottery scheme must not be operated within five nautical miles of a Canadian port that the ship either calls at or is due to call at. Finally, the ship itself must meet specific requirements to qualify for lawful operation of a lottery scheme. If the ship is registered in Canada and its entire voyage is scheduled to be outside of Canada, the lottery scheme may be conducted. Alternatively, the ship can be registered anywhere (including Canada) and must meet specific requirements for the duration and location of the voyage. Overall, Section 207.1(1) allows for the lawful operation of lottery schemes on international cruise ships, but only under strict conditions to prevent interference with Canadian gambling laws.

COMMENTARY

Section 207.1(1) of the Criminal Code of Canada is a provision that specifically relates to gaming and betting on international cruise ships. This section permits the owner or operator of an international cruise ship, or their agent, to conduct, manage, or operate a lottery scheme during a voyage on an international cruise ship, subject to certain conditions. The participation in the lottery scheme must be limited to those people who are aboard the ship and the lottery scheme must not be linked with any lottery scheme, betting, pool selling, or pool system of betting located off the ship. Furthermore, the lottery scheme must not be operated within five nautical miles of a Canadian port at which the ship calls or is scheduled to call. In addition, there are specific requirements that must be met, depending on the registration of the ship and the nature of the voyage. The ship must either be registered in Canada and its entire voyage is scheduled to be outside Canada, or it must be registered anywhere including Canada, and its voyage must include some scheduled voyaging within Canada. If the voyage includes some scheduled voyaging within Canada, then the voyage must be of at least forty-eight hours duration, and it must include some voyaging in international waters and at least one non-Canadian port of call, including the port at which the voyage begins or ends. Additionally, the voyage must not be scheduled to disembark any passengers at a Canadian port who have embarked at another Canadian port without calling on at least one non-Canadian port between the two Canadian ports. The purpose of this provision is to permit limited gambling activities to take place on international cruise ships, subject to specific conditions and restrictions. These conditions are designed to ensure that the activities do not undermine Canadian laws related to gambling, which are primarily regulated by the provinces and territories. Furthermore, these conditions help to ensure that Canadian ports are not used as a hub for offshore gambling activities. Overall, Section 207.1(1) of the Criminal Code of Canada is an important provision that strikes a balance between allowing gambling activities on international cruise ships while ensuring that these activities do not have a negative impact on Canadian laws related to gambling. This provision serves to regulate the activities of international cruise ships effectively and provides a clear framework for the safe and lawful operation of lottery schemes on these vessels.

STRATEGY

Section 207.1(1) of the Criminal Code of Canada provides legal guidelines for conducting lotteries on international cruise ships. This section is important because it allows the owners or operators of cruise ships to offer lottery schemes to their passengers without breaking the law. However, there are specific conditions that must be met for this to be permissible and these conditions may require strategic considerations. One key strategic consideration is ensuring that all participants in the lottery scheme are located on the ship. This means that the lottery scheme cannot be advertised or promoted in a way that attracts participation from people who are not on the ship. This can be challenging, especially if the ship has a large number of passengers, some of whom may not be aware of the lottery scheme. Operators need to ensure that the lottery scheme is strictly limited to those on board the ship and that this message is communicated effectively to all passengers. Another strategic consideration is the need to ensure that the lottery scheme is not linked with any other gambling or betting activities located off the ship. This means that operators must ensure that the lottery scheme is entirely self-contained and does not communicate with any other gambling or betting systems outside of the ship. This can be challenging since modern communication technology has made it easier for people to connect with betting systems located outside the ship. Operators need to ensure that these systems are blocked or that passengers are made aware that they cannot use them while on board the ship. A third strategic consideration is the need to ensure that the lottery scheme is not operated within five nautical miles of a Canadian port where the ship has called or is scheduled to call. This means that operators need to be aware of the ship's planned routes and to ensure that no lottery schemes are conducted within the prohibited area. This can be challenging, especially if the ship encounters unexpected delays or route changes due to weather or other factors. Operators need to have contingency plans in place to deal with such situations. A final strategic consideration is related to the status of the ship and its voyage. According to the Criminal Code provisions, the ship must be registered in Canada or elsewhere, and its entire voyage must be scheduled to be outside Canada. Alternatively, the ship can be registered anywhere, including Canada, and its voyage can include some scheduled voyaging within Canada. The voyage must be of at least forty-eight hours duration and include some voyaging in international waters and at least one non-Canadian port of call, including the port at which the voyage begins or ends. It is not scheduled to disembark any passengers at a Canadian port who have embarked at another Canadian port without calling on at least one non-Canadian port between the two Canadian ports. Operators need to ensure that their ships meet these requirements and that their voyages are scheduled accordingly. Given the legal restrictions and limitations imposed by Section 207.1(1) of the Criminal Code of Canada, operators of international cruise ships need to adopt several strategies to ensure compliance. These strategies include limiting participation to those on board the ship, ensuring that the lottery scheme is not linked to any other gambling or betting systems located outside the ship, avoiding operations within the restricted area around Canadian ports, and ensuring that the ship and its voyage meet the legal requirements outlined in the provision. By following these guidelines, operators can offer a fun and entertaining lottery scheme to their passengers while remaining compliant with the law.