An Act to amend the Criminal Code and the Indian Act

This bill gives First Nations governments new legal authority over lotteries and gambling schemes on their reserves. Currently, the Criminal Code allows provinces (and certain charities, fairs, and other licensed groups) to run lotteries, but First Nations reserves have no equivalent recognized authority of their own. This bill changes that by amending section 207 of the Criminal Code so that the governing body of a First Nation can lawfully conduct and manage lottery schemes on its reserve, and can also license charities, fairs, businesses, or other people to run lotteries there, similar to how provinces currently license lottery operators. A First Nation can also make agreements with provinces or other First Nations to sell lottery tickets across those borders, and can allow in already-licensed lottery schemes from elsewhere onto its reserve, subject to consent from the original licensing authority.

Before a First Nation can start exercising this new lottery authority, its governing body must formally notify the federal government and the government of any province where its reserve is located, stating the date it intends to begin. Once that happens, the bill treats the reserve as legally separate from the surrounding province for lottery purposes. The bill also updates the Indian Act to explicitly allow a band council to pass its own by-laws regulating how these lotteries are set up, run, and managed on its reserve, giving bands a formal regulatory tool to accompany their new Criminal Code authority.

This bill amends the Criminal Code and the Indian Act to give the governing body of a First Nation authority to conduct, manage, and license lottery schemes (gambling, betting, raffles) on or from its reserve.

• Who holds the power — the "governing body" of a First Nation (the band council, or, for a self-governing Indigenous group, whatever council or entity is named in its self-government agreement) gains exclusive authority over lottery schemes on its reserve, exercised once it notifies the federal government and relevant provincial government(s) of the date it will begin exercising this authority.
• Licensing power — the governing body may license other persons or entities (charitable/religious organizations, fair or exhibition boards, individuals) to conduct lotteries on the reserve, and may set terms and conditions on those licences.
• Inter-jurisdictional agreements — a governing body may agree with a provincial government or another First Nation's governing body to allow lottery tickets to be sold across those jurisdictions.
• Legal effect of reserve status — once notice is given, the reserve (or part of it) is deemed not to be part of the province for the purposes of this section, separating it from provincial lottery regulation.
• By-law power under the Indian Act — band councils gain explicit authority to make by-laws regulating the operation, conduct, and management of lottery schemes permitted under the Criminal Code changes; these by-laws must not conflict with the Indian Act or federal regulations.
• Oversight — the bill sets no review mechanism, reporting requirement to Parliament, or sunset clause; the only procedural check specified is the advance written notice a governing body must give to Canada and affected provinces before exercising this authority.