INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the circumstances under which lotteries may be lawfully conducted in various provinces by the government, charitable or religious organizations, fair or exhibition boards, or individuals with appropriate licenses.
SECTION WORDING
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.
EXPLANATION
Section 207(1) of the Criminal Code of Canada provides a framework for the legal operation and management of lottery schemes in the country. Despite the provisions on gaming and betting, certain entities are allowed to conduct and manage lotteries, subject to certain conditions and approvals. The provision authorizes the government of a province to conduct and manage a lottery scheme in their respective jurisdiction as long as the scheme is consistent with the laws enacted by the legislative body of that province. Charitable or religious organizations, when licensed by the Lieutenant Governor in Council, are likewise permitted to conduct and manage lottery schemes in a province and use the proceeds to fund their charitable or religious goals. The section also permits fairs or exhibitions and their operators, provided they have been authorized and licensed, to conduct and manage lottery schemes in certain provinces. Moreover, any person with the necessary licensing requirements can conduct a lottery scheme if the prize does not exceed five hundred dollars and the cost for a chance to win does not exceed two dollars. The provision also allows for the legal sale of lots, cards, or tickets related to a lottery scheme in one province to be sold in another as long as it is authorized by both provincial governments. Finally, this provision permits individuals to do anything necessary for the conduct, management, or operation of a lottery scheme in accordance with applicable laws or licenses. Overall, Section 207(1) of the Criminal Code of Canada provides a regulatory framework for lawful lottery schemes in Canada. It enables several entities to conduct and manage such schemes legally, provided these entities adhere to the conditions and licensing requirements set out in the provision.
COMMENTARY
Section 207(1) of the Criminal Code of Canada provides a framework for the lawful operation of lottery schemes in the country. This section exempts certain types of lotteries from the provisions related to gaming and betting, provided they are conducted in accordance with the applicable law and regulations. The first provision allows for the government of a province to conduct and manage a lottery scheme within its jurisdiction, either alone or in conjunction with another province. This provision recognizes that lotteries can serve as a valuable source of revenue for the government, and it gives them the power to regulate and oversee the operation of these schemes. The second provision permits charitable or religious organizations to run a lottery scheme with the proceeds going towards a charitable or religious object or purpose. This provision recognizes and facilitates the role of non-profit organizations in raising funds for a good cause while ensuring that lotteries are not operated for personal gain. The third provision allows for the board of a fair or exhibition or an operator of a concession to run a lottery scheme, subject to certain conditions and regulations. This provision recognizes that lotteries can be a popular form of entertainment at fairs and exhibitions, and it allows for their legal operation under certain circumstances. The fourth provision permits any person to conduct and manage a lottery scheme at a public place of amusement, subject to specific conditions related to the value of prizes awarded and the amount of money paid to participate in the scheme. This provision recognizes that small-scale lotteries can be a form of entertainment and allows for their legal operation under specific circumstances. The fifth provision recognizes the importance of inter-provincial cooperation in the operation of lottery schemes, whereby provinces can enter into agreements and allow for the sale of tickets in other provinces. The sixth provision recognizes that lottery schemes can be authorized in other provinces and allows for their operation in a province with the consent of the authority that authorized the lottery. The seventh provision allows for any person to participate in a lawful lottery scheme in a province and to do anything required for the conduct, management, or operation of the scheme in accordance with the applicable law or license. Finally, the eighth provision recognizes that certain types of gaming and betting may be lawful in some places and allows for the printing, transport, and delivery of items relating to gaming and betting in those places. Overall, Section 207(1) of the Criminal Code of Canada provides a framework for the lawful operation of lottery schemes in the country and recognizes the importance of regulating and overseeing these schemes to ensure their fairness and integrity. The provisions facilitate the operation of lotteries for specific purposes while subjecting them to necessary regulations and conditions.
STRATEGY
When dealing with Section 207(1) of the Criminal Code of Canada, organizations need to consider several strategic factors to ensure that they comply with the provisions of the law. Some of the strategic considerations that organizations need to consider include: 1. Compliance: Organizations need to ensure that they comply with all the provisions of the law. This includes obtaining the necessary licenses and approvals from the relevant authorities and ensuring that the lottery scheme is conducted and managed in accordance with the applicable laws and regulations. 2. Fundraising goals: Organizations need to assess their fundraising goals and determine if organizing a lottery scheme is the most effective way to achieve those goals. They need to consider the costs associated with organizing a lottery, such as administrative expenses, prizes, marketing expenses, and potential legal costs. 3. Market demand: Organizations need to assess the market demand for the type of lottery scheme they want to organize. They need to determine if there is a sufficient market for their lottery scheme and if it is likely to generate the desired level of revenue. 4. Promotions: Organizations need to develop effective marketing and promotion strategies to promote the lottery scheme. They need to determine the most effective way to reach their target audience, create awareness about the lottery scheme, and encourage people to participate. 5. Risk management: Organizations need to consider the potential risks associated with organizing a lottery scheme. They need to identify potential risks, such as fraud, misconduct by participants or staff, legal challenges, and reputational damage, and develop strategies to mitigate those risks. 6. Partnering: Organizations may consider partnering with other organizations to organize a joint lottery scheme that can generate more revenue. This requires careful coordination and communication to ensure that all parties involved are clear on their roles and responsibilities. 7. Innovations: Organizations may consider introducing new and innovative lottery schemes that can attract more participants and generate more revenue. This requires creativity and innovation in developing new lottery concepts that are attractive to potential participants. In summary, organizations need to carefully consider several strategic factors when dealing with Section 207(1) of the Criminal Code of Canada. By complying with the relevant laws and regulations, assessing their fundraising goals, assessing market demand, developing effective marketing strategies, managing risks, partnering with other organizations, and introducing new and innovative lottery schemes, organizations can successfully organize and manage lottery schemes that can generate the desired level of revenue for their charitable or religious objectives.