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CHARITABLE LOTTERY LICENSING

The Alcohol and Gaming Commission (AGCO) is responsible for administering the lottery licensing program in the province - municipalities are partners with the AGCO in issuing lottery licences to eligible charitable and religious organizations.

Lottery licensing refers to lottery schemes permitted by a licence under the Criminal Code of Canada. Typically, these may include bingos, raffles, break open tickets and social gaming events held by charitable or religious organizations. Licensed charitable or religious organizations must conduct and manage their events in accordance with licensing policies and the terms and conditions of the licences and fulfill all prescribed reporting requirements.

Order in Council 2688/93 (as amended by OIC 2038/97 and OIC 267/98) authorizes the licensing framework for eligible charitable or religious organizations to hold lottery events and sets out the limits of municipal and provincial licensing.

The commercial sector of the charitable gaming industry is regulated by the Gaming Control Act, 1992 (the "Act") and Regulations. For more information on how charitable gaming is affected by the Act, visit the section of our web site on "Charitable Gaming Registration".

 

 

The AGCO is the licensing authority for:

bingo events (i.e., Special Bingo, Monster Bingo) with prize board over $5,500;
super jackpot bingo events;
progressive bingo game events and loonie progressive games;
social gaming events (i.e., table game event held in conjunction with a social event);
raffle lotteries for total prizes over $50,000;
break open tickets sold by organizations with a provincial mandate;
lotteries held in conjunction with another gaming event, including break open tickets at bingo events;
all lottery schemes conducted in unorganized territories; and
lottery schemes at designated fairs or exhibitions;

Lottery licences issued by the Municipalities

The Order-In-Council provides municipalities with licensing authority for:
bingo events, including table board bingo, with prize boards of up to $5,500;
media bingo events with prizes up to $5,500;
break open tickets for local organizations;
raffle lotteries for total prizes of $50,000 and under; and
bazaar lotteries which include: wheels of fortune with a maximum bet of $2.00, raffles not exceeding $500, and bingo events up to $500.

The municipality may attach terms and conditions, in addition to those established by the province, provided that they do not conflict with provincial Terms and Conditions or policies.

Applications for lottery events licensed by the AGCO must be submitted at least 30 days prior to the date of the event and 45 days for organizations applying for the first time.

For your convenience, the application forms and terms and conditions for each lottery type can be found on our web site. The application forms are designed so you can complete the form from your computer or print a blank form and complete by hand. Do not e-mail application forms.

If the application for a lottery licence is to be issued by the municipality, please contact us directly for further information regarding turnaround times, licensing fees, and required documentation.

In the first instance, the licensing authority will review all relevant documentation to determine eligibility for lottery licences. These decisions are based on what is considered charitable in law, including the Criminal Code of Canada, previous court decisions, Order-in-Council 2688/93 as amended, and the policies issued by the Registrar of Alcohol and Gaming.

The courts have determined that the term "charitable" refers to organizations, which provide programs for:
the relief of poverty;
the advancement of education;
the advancement of religion;
other charitable purposes beneficial to the community.

Each application is unique. Determinations of eligibility will depend on the specific organization and its proposed use of proceeds.

The following pre-requisites are mandatory to be considered eligible for a lottery licence:
Organizations must have been in existence for at least one (1) year before being considered eligible for lottery licences.
The organization must have a place of business in Ontario, demonstrate that it is established to provide charitable services in Ontario and use proceeds for objects or purposes which benefit Ontario residents.

What is Needed to Determine Eligibility?

When an organization applies for a lottery licence, it needs to provide the following documents or information so its eligibility can be reviewed:
Incorporation Papers (Letters Patent)
Constitution and By-Laws
Notification of Charitable Registration (Canada Customs and Revenue Agency) (if applicable)
The most recent Registered Charity Information Return & Public Information Return, as submitted to Canada Customs and Revenue Agency (if applicable)
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 current operating budget
Current Listing of the Board of Directors
Any other information that will assist in determining the charitable nature of the objects and purposes. This could include an annual report, correspondence relating to its charitable number for income-tax purposes, confirmation that it meets the reporting requirements of the Charities Accounting Act
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.

Incomplete applications - such as applications that do not include the correct licensing fee or do not include the required documentation - will be returned to the applicant along with a Notice of Deficiency detailing what is missing.

Click below to download the appropriate form.
For more information, or for assistance with these forms, please contact Colleen Keeley at 267-3311 ext. 2221.
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