ARTICLE
19 February 2014

Changes Introduced To Operation Of Charitable Lotteries Under The Criminal Code

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Miller Thomson LLP

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Miller Thomson LLP (“Miller Thomson”) is a national business law firm with approximately 525 lawyers working from 10 offices across Canada. The firm offers a complete range of business law and advocacy services. Miller Thomson works regularly with in-house legal departments and external counsel worldwide to facilitate cross-border and multinational transactions and business needs. Miller Thomson offices are located in Vancouver, Calgary, Edmonton, Regina, Saskatoon, London, Waterloo Region, Toronto, Vaughan and Montréal.
In order to increase the efficiency of registered charities, the Budget proposes to revise the Criminal Code restrictions on how charities can conduct lottery sales to support their causes.
Canada Criminal Law

As a further measure designed to increase the efficiency of registered charities, the Budget proposes to revise the provisions of the Criminal Code that impose restrictions on how charities can conduct lottery sales in support of their causes. Under section 207(4)(c) of the Criminal Code, charities are not permitted to operate any charitable gaming activities including lotteries "on or through a computer." Charities are therefore required to process and activate all sales manually and send customers their tickets by mail.

The Budget proposes to amend the Criminal Code to permit charities to conduct various aspects of lotteries through the use of computer technology, including the use of e-commerce for purchasing, processing and issuing of lottery tickets and issuing receipts to donors.

The Budget notes that several prominent Canadian charities that run large charitable lotteries have urged this change, which will significantly lower the administrative costs of operating these programs. The Budget also confirms that it will engage in consultations with the provinces and territories on the proposed amendment to the Criminal Code.

We will keep our readers advised as this issue progresses.

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