Yes, most gaming is legal in Canada if it is conducted or licensed by the government.

Canadian Criminal Code

Although, PART VII – Disorderly Houses, Gaming and Betting of the Criminal Code basically prohibits all types of gaming, it does provide one important exception under section 207, which allows provinces and territories to ‘conduct and manage’ gaming and betting activities within their jurisdictions.

For example, illegal gaming activities under Part VII of the Code include:

Section 201 Keeping gaming or betting house

• Anyone found guilty of running a betting house or being found in one faces imprisonment for up-to two-years.

Section 202(1) Betting, pool-selling, book-making, etc.

• These offences are numerous. Anyone who commits one of these offences is guilty of an indictable offence and for a first offence may be imprisoned up-to two years.

Section 203 Placing bets on behalf of others

• Anyone who tries to place bets on behalf of others may be found to be guilty of an indictable offence and be imprisoned for up-to two years.

Section 206 Offences in relation to lotteries and games of chance

• These offences are numerous. Persons found guilty of these offences may face a summary conviction. Anyone found guilty of an indictable offence they may be imprisoned up-to two years.

Exception:

Section 207 (1) of the Code allows gaming if it is conducted and managed (licensed) by a provincial government. For example, gaming and betting is lawful if it is:

• conducted and managed by the province in accordance with any law enacted by that province
• conducted and managed by a licensed charitable or religious organization pursuant to a licence issued by a provincial authority, and the proceeds of the lottery scheme are used for a charitable or religious purpose; and
• conducted and managed by a licensed board of a fair or exhibition or by an operator of a concession leased by that board, etc.

Punishment for not complying with these laws can include imprisonment of two years or a summary conviction.

Refer to other Answers in Gaming Law for more information.

								
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