In the first instance, the licensing authority will review all relevant documentation to determine eligibility for lottery licenses. 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 license:
- Organizations must have been in existence for at least one (1) year before being considered eligible for lottery licenses.
- 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 license, 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.
Please note: this general guide is a very simplified outline; your constitution should be more detailed. The points covered are the minimum required. Additional help in developing your constitution may be available at your local library. Please review eligibility criteria also.