PART VIIDisorderly Houses, Gaming and Betting (continued)
198 [Repealed, 2018, c. 29, s. 16]
Marginal note:Warrant to search
199 (1) A justice who is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 201, 202, 203, 206, 207 or 210 is being committed at any place within the jurisdiction of the justice may issue a warrant authorizing a peace officer to enter and search the place by day or night and seize anything found therein that may be evidence that an offence under section 201, 202, 203, 206, 207 or 210, as the case may be, is being committed at that place, and to take into custody all persons who are found in or at that place and requiring those persons and things to be brought before that justice or before another justice having jurisdiction, to be dealt with according to law.
Marginal note:Search without warrant, seizure and arrest
(2) A peace officer may, whether or not he is acting under a warrant issued pursuant to this section, take into custody any person whom he finds keeping a common gaming house and any person whom he finds therein, and may seize anything that may be evidence that such an offence is being committed and shall bring those persons and things before a justice having jurisdiction, to be dealt with according to law.
Marginal note:Disposal of property seized
(3) Except where otherwise expressly provided by law, a court, judge, justice or provincial court judge before whom anything that is seized under this section is brought may declare that the thing is forfeited, in which case it shall be disposed of or dealt with as the Attorney General may direct if no person shows sufficient cause why it should not be forfeited.
Marginal note:When declaration or direction may be made
(4) No declaration or direction shall be made pursuant to subsection (3) in respect of anything seized under this section until
Marginal note:Conversion into money
(5) The Attorney General may, for the purpose of converting anything forfeited under this section into money, deal with it in all respects as if he were the owner thereof.
Marginal note:Telephones exempt from seizure
(6) Nothing in this section or in section 489 authorizes the seizure, forfeiture or destruction of telephone, telegraph or other communication facilities or equipment that may be evidence of or that may have been used in the commission of an offence under section 201, 202, 203, 206, 207 or 210 and that is owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person.
(7) Subsection (6) does not apply to prohibit the seizure, for use as evidence, of any facility or equipment described in that subsection that is designed or adapted to record a communication.
- R.S., 1985, c. C-46, s. 199;
- R.S., 1985, c. 27 (1st Supp.), s. 203;
- 1994, c. 44, s. 10.
200 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 30]
Gaming and Betting
Marginal note:Keeping gaming or betting house
Marginal note:Person found in or owner permitting use
(2) Every one who
(a) is found, without lawful excuse, in a common gaming house or common betting house, or
(b) as owner, landlord, lessor, tenant, occupier or agent, knowingly permits a place to be let or used for the purposes of a common gaming house or common betting house,
is guilty of an offence punishable on summary conviction.
- R.S., c. C-34, s. 185.
Marginal note:Betting, pool-selling, book-making, etc.
(a) uses or knowingly allows a place under his control to be used for the purpose of recording or registering bets or selling a pool;
(b) imports, makes, buys, sells, rents, leases, hires or keeps, exhibits, employs or knowingly allows to be kept, exhibited or employed in any place under his control any device or apparatus for the purpose of recording or registering bets or selling a pool, or any machine or device for gambling or betting;
(c) has under his control any money or other property relating to a transaction that is an offence under this section;
(d) records or registers bets or sells a pool;
(e) engages in book-making or pool-selling, or in the business or occupation of betting, or makes any agreement for the purchase or sale of betting or gaming privileges, or for the purchase or sale of information that is intended to assist in book-making, pool-selling or betting;
(f) prints, provides or offers to print or provide information intended for use in connection with book-making, pool-selling or betting on any horse-race, fight, game or sport, whether or not it takes place in or outside Canada or has or has not taken place;
(g) imports or brings into Canada any information or writing that is intended or is likely to promote or be of use in gambling, book-making, pool-selling or betting on a horse-race, fight, game or sport, and where this paragraph applies it is immaterial
(i) whether the information is published before, during or after the race, fight game or sport, or
(ii) whether the race, fight, game or sport takes place in Canada or elsewhere,
but this paragraph does not apply to a newspaper, magazine or other periodical published in good faith primarily for a purpose other than the publication of such information;
(h) advertises, prints, publishes, exhibits, posts up, or otherwise gives notice of any offer, invitation or inducement to bet on, to guess or to foretell the result of a contest, or a result of or contingency relating to any contest;
(i) wilfully and knowingly sends, transmits, delivers or receives any message that conveys any information relating to book-making, pool-selling, betting or wagering, or that is intended to assist in book-making, pool-selling, betting or wagering; or
(j) aids or assists in any manner in anything that is an offence under this section.
(2) Every one who commits an offence under this section is guilty of an indictable offence and liable
- R.S., 1985, c. C-46, s. 202;
- 2008, c. 18, s. 5.
Marginal note:Placing bets on behalf of others
203 Every one who
(a) places or offers or agrees to place a bet on behalf of another person for a consideration paid or to be paid by or on behalf of that other person,
(b) engages in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise, or
(c) holds himself out or allows himself to be held out as engaging in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise,
is guilty of an indictable offence and liable
(d) for a first offence, to imprisonment for not more than two years,
(e) for a second offence, to imprisonment for not more than two years and not less than fourteen days, and
(f) for each subsequent offence, to imprisonment for not more than two years and not less than three months.
- R.S., c. C-34, s. 187;
- 1974-75-76, c. 93, s. 11.
(a) any person or association by reason of his or their becoming the custodian or depository of any money, property or valuable thing staked, to be paid to
(b) a private bet between individuals not engaged in any way in the business of betting;
(c) bets made or records of bets made through the agency of a pari-mutuel system on running, trotting or pacing horse-races if
(i) the bets or records of bets are made on the race-course of an association in respect of races conducted at that race-course or another race-course in or out of Canada, and, in the case of a race conducted on a race-course situated outside Canada, the governing body that regulates the race has been certified as acceptable by the Minister of Agriculture and Agri-Food or a person designated by that Minister pursuant to subsection (8.1) and that Minister or person has permitted pari-mutuel betting in Canada on the race pursuant to that subsection, and
(ii) the provisions of this section and the regulations are complied with.
(1.1) For greater certainty, a person may, in accordance with the regulations, do anything described in section 201 or 202, if the person does it for the purposes of legal pari-mutuel betting.
(2) For the purposes of paragraph (1)(c), bets made, in accordance with the regulations, in a betting theatre referred to in paragraph (8)(e), or by any means of telecommunication to the race-course of an association or to such a betting theatre, are deemed to be made on the race-course of the association.
Marginal note:Operation of pari-mutuel system
(3) No person or association shall use a pari-mutuel system of betting in respect of a horse-race unless the system has been approved by and its operation is carried on under the supervision of an officer appointed by the Minister of Agriculture and Agri-Food.
Marginal note:Supervision of pari-mutuel system
(4) Every person or association operating a pari-mutuel system of betting in accordance with this section in respect of a horse-race, whether or not the person or association is conducting the race-meeting at which the race is run, shall pay to the Receiver General in respect of each individual pool of the race and each individual feature pool one-half of one per cent, or such greater fraction not exceeding one per cent as may be fixed by the Governor in Council, of the total amount of money that is bet through the agency of the pari-mutuel system of betting.
Marginal note:Percentage that may be deducted and retained
(5) Where any person or association becomes a custodian or depository of any money, bet or stakes under a pari-mutuel system in respect of a horse-race, that person or association shall not deduct or retain any amount from the total amount of money, bets or stakes unless it does so pursuant to subsection (6).
Marginal note:Percentage that may be deducted and retained
(6) An association operating a pari-mutuel system of betting in accordance with this section in respect of a horse-race, or any other association or person acting on its behalf, may deduct and retain from the total amount of money that is bet through the agency of the pari-mutuel system, in respect of each individual pool of each race or each individual feature pool, a percentage not exceeding the percentage prescribed by the regulations plus any odd cents over any multiple of five cents in the amount calculated in accordance with the regulations to be payable in respect of each dollar bet.
Marginal note:Stopping of betting
(7) Where an officer appointed by the Minister of Agriculture and Agri-Food is not satisfied that the provisions of this section and the regulations are being carried out in good faith by any person or association in relation to a race meeting, he may, at any time, order any betting in relation to the race meeting to be stopped for any period that he considers proper.
(8) The Minister of Agriculture and Agri-Food may make regulations
(a) prescribing the maximum number of races for each race-course on which a race meeting is conducted, in respect of which a pari-mutuel system of betting may be used for the race meeting or on any one calendar day during the race meeting, and the circumstances in which the Minister of Agriculture and Agri-Food or a person designated by him for that purpose may approve of the use of that system in respect of additional races on any race-course for a particular race meeting or on a particular day during the race meeting;
(b) prohibiting any person or association from using a pari-mutuel system of betting for any race-course on which a race meeting is conducted in respect of more than the maximum number of races prescribed pursuant to paragraph (a) and the additional races, if any, in respect of which the use of a pari-mutuel system of betting has been approved pursuant to that paragraph;
(c) prescribing the maximum percentage that may be deducted and retained pursuant to subsection (6) by or on behalf of a person or association operating a pari-mutuel system of betting in respect of a horse-race in accordance with this section and providing for the determination of the percentage that each such person or association may deduct and retain;
(d) respecting pari-mutuel betting in Canada on horse-races conducted on a race-course situated outside Canada; and
(e) authorizing pari-mutuel betting and governing the conditions for pari-mutuel betting, including the granting of licences therefor, that is conducted by an association in a betting theatre owned or leased by the association in a province in which the Lieutenant Governor in Council, or such other person or authority in the province as may be specified by the Lieutenant Governor in Council thereof, has issued a licence to that association for the betting theatre.
(8.1) The Minister of Agriculture and Agri-Food or a person designated by that Minister may, with respect to a horse-race conducted on a race-course situated outside Canada,
(9) The Minister of Agriculture and Agri-Food may make regulations respecting
(a) the supervision and operation of pari-mutuel systems related to race meetings, and the fixing of the dates on which and the places at which an association may conduct those meetings;
(b) the method of calculating the amount payable in respect of each dollar bet;
(c) the conduct of race-meetings in relation to the supervision and operation of pari-mutuel systems, including photo-finishes, video patrol and the testing of bodily substances taken from horses entered in a race at such meetings, including, in the case of a horse that dies while engaged in racing or immediately before or after the race, the testing of any tissue taken from its body;
(d) the prohibition, restriction or regulation of
(e) the provision, equipment and maintenance of accommodation, services or other facilities for the proper supervision and operation of pari-mutuel systems related to race meetings, by associations conducting those meetings or by other associations.
Marginal note:900 metre zone
(9.1) For the purposes of this section, the Minister of Agriculture and Agri-Food may designate, with respect to any race-course, a zone that shall be deemed to be part of the race-course, if
(a) the zone is immediately adjacent to the race-course;
(b) the farthest point of that zone is not more than 900 metres from the nearest point on the race track of the race-course; and
(c) all real property situated in that zone is owned or leased by the person or association that owns or leases the race-course.
(10) Every person who contravenes or fails to comply with any of the provisions of this section or of any regulations made under this section is guilty of
Marginal note:Definition of association
(11) For the purposes of this section, association means an association incorporated by or pursuant to an Act of Parliament or of the legislature of a province that owns or leases a race-course and conducts horse-races in the ordinary course of its business and, to the extent that the applicable legislation requires that the purposes of the association be expressly stated in its constating instrument, having as one of its purposes the conduct of horse-races.
- R.S., 1985, c. C-46, s. 204;
- R.S., 1985, c. 47 (1st Supp.), s. 1;
- 1989, c. 2, s. 1;
- 1994, c. 38, ss. 14, 25;
- 2008, c. 18, s. 6.
- Date modified: