This is the exact embedded text of the captured official document.
Snapshot 3724242fe6d5 · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Consolidated By-law 135-2008
of The Corporation of the City of Oshawa
This consolidated by-law is made available for information and convenience purposes only.
For accuracy, By-law 135-2008 along with amending By-laws 6-2020, 43-2022 and 23-2024
should be reviewed.
Being a by-law to respecting the licensing of lotteries.
Whereas by Order in Council 2688/93, as amended by Order in Council 2038/97 and Order
in Council 267/98, a municipal council may, where it deems it to be in the best interests of the
inhabitants of the municipality, issue a licence authorizing any eligible charitable or religious
organization to conduct and manage a bingo lottery, a break-open ticket lottery, a raffle
lottery, a media bingo or a lottery scheme held at a bazaar;
Now therefore the Council of The Corporation of the City of Oshawa enacts as follows:
Definitions
1. In this By-law:
(a) "Charitable object or purpose" means any object or purpose for:
i)
the relief of poverty,
ii)
education,
iii)
the advancement of religion, or
iv) other charitable purpose beneficial to the community;
(b) "Charitable Organization" means an organization which is created primarily for a
charitable object or purpose in Ontario, is operated not for profit, and includes a
religious organization;
(c) "City" means The Corporation of the City of Oshawa;
(d) "Director" means the City's Director, Municipal Law Enforcement and Licensing
Services;
(e) "Hearing Officer" means the Hearing Officer from time to time appointed by Council
pursuant to the Hearing Officer By-law 26-2008;
(23-2024)
(f) "Licensee" means a person to whom a licence is issued;
(g) "Person" means a corporation, organization, association or partnership and includes a
charitable organization; and
(h) "Registrar" means the Registrar of Alcohol and Gaming within the meaning of the
Alcohol and Gaming Regulation and Public Protection Act, 1996, S.O. 1996, c. 26,
Sch.
Appointment and Authority
2. The Director is appointed as the City's lottery licensing officer and is responsible for
regulating and enforcing the provisions of this By-law.
3. The Director may assign the Director's powers and duties with respect to this By-law to
any employee or employees of the City as designated by the Director other than the
duties and powers prescribed by section 20. The person or persons designated shall be
responsible for the administration of this By-law to the extent of the Director's assignment.
4. The Director is authorized to issue licences permitting eligible Charitable Organizations to
conduct and manage the following lottery schemes:
(a) a bingo lottery event where the amount or value of the prize or prizes awarded is no
greater than the maximum amount prescribed by the Registrar;
2
98018-0610
(b) a raffle lottery event where the amount or value of the prize or prizes awarded does
not exceed the maximum amount prescribed by the Registrar;
(c) a break-open ticket lottery event, up to one year in duration, to be conducted from one
location within the geographical boundaries of the City, other than a break-open ticket
lottery event which is managed and conducted in conjunction with another licensed
gaming event;
(d) a bazaar lottery event during which the only lottery events authorized to be played are:
i)
a maximum of three wheels of fortune where individual bets are no more than $2,
ii) a raffle lottery not exceeding $500 in prizes, and
iii) a bingo lottery not exceeding $500 in prizes; and
(e) a media bingo lottery event conducted on or through the medium of television, radio,
newspaper or other means of communication where the amount or value of the prize
or prizes awarded is no greater than the maximum amount permitted by the Registrar.
5. Where, in the Director's opinion, it is in the best interests of the City's inhabitants to do so,
the Director may issue a licence in the approved form to any eligible Charitable
Organization.
6. For the purpose of section 5, the Director may impose any special terms and conditions in
relation to the licence as, in the Director's opinion, are in the best interests of the City's
inhabitants provided those terms and conditions do not conflict with those of the Registrar.
Application
7. Charitable Organizations applying to conduct or manage a lottery in the City must provide
services directly to a significant number of City residents.
8. The application for a licence to conduct and manages lotteries shall be in the form
prescribed by the Registrar and shall be accompanied by such supporting documentation
as required by the Registrar.
9. Without limiting section 8, the Director may require the Charitable Organization making an
application to conduct and manage lotteries to submit with its application such further
supporting documentation as necessary.
10. An application for a licence to conduct and manage lotteries shall be signed by two of the
signing officers of the Charitable Organization, on whose behalf the application is being
made, and shall be submitted to the Director who shall determine if it complies with the
provisions of Order in Council 2688/93, the Regulations promulgated under the provisions
of the Gaming Control Act, 1992, S.O. 1992, c.24, any terms and conditions issued by the
Registrar, and the provisions of this By-law.
Fees
11. All applicable fees pertaining to the licensing of lotteries shall be payable in accordance
with the fees listed in the table entitled "Lotteries-Alcohol & Gaming Commission" in the
City of Oshawa's General Fees and Charges By-law, as amended.
12. The fees paid are not subject to refund or rebate for any reason, including suspension or
cancellation of the licence, except in the case of circumstances beyond the control of the
Licensee as determined by the Director.
Terms and Conditions
13. In addition to such terms and conditions as may be imposed by the Registrar, and such
special terms and conditions as may be imposed by the Director pursuant to section 6,
each licence is subject to the following terms and conditions, each of which is a condition
of continuing to hold a licence:
(a) the Licensee complies with the provisions of ss. 206 and 207 of the Criminal Code;
3
98018-0610
(b) the Licensee maintains all funds raised in a separate lottery trust account and
maintains such records for such period of time as may be prescribed by the terms and
conditions;
(c) the gross receipts derived from the lottery, less the cost of the prizes awarded and
such reasonable and necessary administrative expenses actually incurred in the
management and conduct of the lottery, provided the expenses do not exceed such
limits as may be prescribed by the Registrar, are used for the charitable or religious
object or purpose as set out by the Licensee in the application for licence;
(d) the Licensee submits to the Director, not later than the number of days prescribed by
the terms and conditions after the holding of each lottery, all documentation required
by the Act and Regulations; and
(e) the Licensee conducts or permits to be conducted only the type of game or games
provided in the application and the licence.
Raffle Lotteries
14. Each raffle lottery licence is also subject to the following terms and conditions, each of
which is a condition of continuing to hold a licence:
(a) a licence is required for each individual raffle scheme;
(b) the winner or winners are determined and publicized in the manner set out in the
application;
(c) the Charitable Organization managing and conducting the raffle:
i)
indicates on the face of the tickets:
- the name of the licensee;
- the licence number;
- the location, date and time at which the draw (draws) is to be held, including
the location, date and time of each early bird draw, and the cut-off time for
buying tickets for each early bird draw;
- the total number of tickets printed;
- the price of the ticket; and
- a description of the prizes including their value.
ii) provides for the consecutive numbering of tickets,
iii) retains all unsold tickets and counterfoils of sold tickets for a period prescribed by
the Registrar and, upon request, produces them to such persons authorized under
sections 2 and 3, and
iv) indicates in its application the number of tickets to be printed for sale.
Break-Open Ticket Lotteries
15. An eligible Charitable Organization may be licensed to sell break open tickets either:
(i) from a location where registration is not required; or
(ii) from a registered break open ticket seller location in the City;
16. (a) An eligible Charitable Organization may be licensed to sell break open tickets during
special community events of limited duration.
(b) Eligible Charitable Organizations with a current break open ticket licence may also sell
break open tickets at community events.
17. Eligible Charitable Organizations may be licensed to sell more than one type of break
open ticket from its one location in the City provided that a separate licence is obtained for
each type of ticket sold from the location.
4
98018-0610
Bingo Lotteries
18. Each bingo lottery licence is also subject to the following terms and conditions, each of
which is a condition of continuing to hold a licence:
(a) a bingo lottery licence is issued for a single event, or for a number of events during a
period not exceeding one calendar year;
(b) the licence specifies the place where the bingo lottery is to be operated, the date or
dates of operation and the starting and finishing times; and
(c) any building, where an applicant proposes to hold a bingo lottery and which is
registered under the Gaming Control Act, 1992, complies with all applicable law
including, without limitation, the Fire Protection and Prevention Act, 1997, S.O. 1997,
c. 4, as amended, and its regulations, the Building Code Act, 1992, S.O. 1992, c. 23,
as amended, and its regulations and the City's By-laws.
Access and Inspection
19. The Director, and such officers as the Registrar or the Director may appoint and all peace
officers, shall, at all reasonable times, have direct and unencumbered access to any land
or building on or in which any lottery scheme contemplated by this By-law is, has been or
is proposed to be undertaken, for the purpose of investigating such lottery scheme and
may:
(a) require the production for inspection of documents or things relevant to the inspection;
(b) inspect and remove documents or things relevant to the inspection for the purpose of
making copies or extracts; and
(c) require information from any person concerning a matter related to the inspection.
Suspension or Cancellation of Licence
20. If the Licensee fails to comply with any of the provisions of this By-law, or the provisions of
Order in Council 2688/93 and amendments thereto, or the terms and conditions
applicable to such licence, the Director may suspend or cancel such licence.
21. The Director shall notify a Licensee of any suspension or cancellation by the Director of a
licence in writing to the address indicated in the Licensee's application.
Appeal
22. Where the Director does not issue a licence in response to an application received from a
Charitable Organization on the basis of grounds other than non-payment of the fee, or
imposes a special term or condition or suspends or cancels a licence, the applicant or the
Licensee, as the case may be, may appeal the decision to the Hearing Officer. (23-2024)
23. A right to appeal is exercised by:
(a) providing to the Director written notice of appeal including particulars of the grounds of
appeal; and by
(b) paying the fee from time to time prescribed by the City's General Fees and Charges
By-law.
24. The right to appeal expires on the tenth (10th) day after notice of the Director's decision is
given at which time the Director's decision is final and not subject to review.
25. The person shall be given a minimum of seven (7) days' notice of the date, time and place
of the hearing of the appeal.
26. The Hearing Officer shall not make a determination with respect to the appeal unless the
Hearing Officer has given the applicant or the Licensee, as the case may be, an
opportunity to be heard.
(23-2024)
5
98018-0610
27. The Hearing Officer may make any decision that the Director could make where the
Hearing Officer is satisfied that that the decision is in the best interests of the City's
inhabitants.
(23-2024)
28. The Hearing Officer's decision is final and not subject to review.
(23-2024)
Notice
29. Any notice pursuant to this By-law may be given in writing in any of the following ways
and is effective:
(a) on the date a copy is personally delivered to the person to whom it is addressed;
(b) on the third (3rd) day after a copy is sent by regular mail or by registered mail to the
person's last known address;
(c) upon confirmation of the successful transmission of a copy by facsimile transmission
to the person's last known facsimile transmission number;
(d) upon sending a copy by e-mail transmission to the person's last known e-mail
address; or
(e) upon a copy being posted on the door of any building or structure on the person's
property or, where no building or structure exists, on a stake erected by the Director
and/or their agent on the person's property.
(43-2022)
30. For the purpose of section 29, an applicant's or Licensee's last known e-mail address and
facsimile transmission number include those provided in the applicant's or Licensee's
application.
(43-2022)
Delegation
31. It is the opinion of Council of the City that the delegations of authority in this By-law to the
Director, the Hearing Officer and to the Director's designates are, for the purposes of
subsection 23.2(4) of the Municipal Act, 2001, S.O. 2001, c. 25, of a "minor nature",
having regard to the number of people, the size of geographic area and the time period
affected by the exercise of such authority.
(23-2024)
Prohibition
32. No person or Charitable Organization shall conduct or permit to be conducted any lottery
scheme described in section 4 of this By-law without a valid licence in respect thereof.
33. No person shall conduct a lottery or permit or cause a lottery scheme to be conducted
when a licence respecting the lottery scheme has been suspended.
34. Any person who contravenes any provision of this By-law is guilty of an offence and upon
conviction is liable to a fine not exceeding $5,000.
Repeal and Effective Date
35. By-law 5-97 and its amending by-laws are repealed.
36. This By-law is effective on the date of its passing.
By-law passed this fifteenth day of December, 2008.
Original Signed By
Original Signed By
__________________________
___________________________
Mayor
City Clerk