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Q: Legality of a Poker Event in Ontario, Canada ( No Answer,   2 Comments )
Question  
Subject: Legality of a Poker Event in Ontario, Canada
Category: Relationships and Society > Law
Asked by: pokerplayer-ga
List Price: $25.00
Posted: 16 Apr 2005 21:00 PDT
Expires: 16 May 2005 21:00 PDT
Question ID: 510307
What legal issues relate to running a private Poker event in Canada
where there is no entry fee and no profit (for the organizers) but
there are large prizes?

(Similar to a corporate golf tournament, a corporate poker night for
clients would involve no entry fee, no profits but lots of prizes both
to the top winners and to random participants.  The goal of the event
is fun networking for the host company in hopes of establishing a
better relationship with their customers and future product/service
sales.)

Should it be relevant, some additional details include: (i) the form
of poker played would be Texas Hold'em, (ii) the cost of the event and
value of the prizes would each be in the range of "thousands of
dollars" but not "tens of thousands", (iii) the number of participants
would be in the range of 25-100.

How does the answer change if an entry fee is collected?  Can that
entry fee be used to offset the costs of running the event (not
including the prizes)?  Can that entry fee be used to offset the costs
of the prizes as well (so it is a break-even event for the
organizers)?

I'm looking for answers specific to Federal Law in Canada and the
Provincial Laws of Ontario.

Any additional information found on gambling law, related to other
forms of poker events would be of interest but not required to fully
answer the question.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Legality of a Poker Event in Ontario, Canada
From: cybershoe-ga on 16 May 2005 07:30 PDT
 
Unfortunately, it appears that your event would be illegal under Canadian law.

Gambling is generally prohibited by the Criminal Code, with certain
exemptions made for provincial lotteries, charitible organizations,
and fairs and exhibitions. That no profit is made by the organizers is
of no consequence to the overall legality of the event. Non-profit is
not the same as charitable.

The relevant statutes are sections 206 and 207 of the Criminal Code of Canada:
http://laws.justice.gc.ca/en/c-46/42557.html

You may be eligible for a social gaming license if you make the event
to the benefit of a charitible organization. I would advise you to
seek the advice of legal counsel for information specific to your
circumstances.

Additional information is available from the AGCO:
http://www.agco.on.ca/en/c.gaming/c.gaming.html

- Adam
Subject: Re: Legality of a Poker Event in Ontario, Canada
From: chimosbar-ga on 01 Jun 2005 08:34 PDT
 
This guy Adam could not be further from the truth.

He's looked up and read through the criminal codes act. But what he
does not understand is Poker is considered a game of mixed skill and
chance.

This is the same reason why skill testing questions are added to free giveaways.

A non-profit, non-entry fee poker event is perfectly legal.

as long as no one is paying to enter , as long as there is no unfair
advantage, and as long as there is no cash prizes.

Mitch, www.royalpokertour.ca

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