Bill S-241, An Act to amend the Criminal Code and the Indian Act, proposes changes to both Acts; it is not in force on the basis of the material provided. It would give First Nation governing bodies new powers over specified lottery schemes on reserves, and let band councils make related by-laws. Its stated goal is to recognize Indigenous rights and self-government.
A governing body could conduct and manage lottery schemes on its reserve, alone or with specified partners, and could license certain other people or organizations to run schemes.
Before using these powers, the governing body must give written notice to the Government of Canada and each province where the reserve is located, stating the date it will begin.
For section 207 of the Criminal Code, the reserve would be deemed not to be part of the province from the date in the notice. This rule is limited to that section.
The proposed licences cover named cases, including charitable or religious organizations, designated fairs or exhibitions, certain lotteries at public places of amusement, and schemes authorized in a province or another First Nation’s reserve.
Band councils could make by-laws regulating the operation, conduct and management of lottery schemes permitted under section 207.
First Nation governing bodies: They would gain these powers only after giving the required notice. They could set licence terms and conditions, subject to the Criminal Code, and could make laws or by-laws governing schemes.
Charitable and religious organizations, fair and exhibition boards, concession operators, and other licensed operators: They could run lotteries on a reserve only under the applicable licence and conditions. For lotteries at a public place of amusement, each prize must be worth no more than $500 and each chance to win must cost no more than $2.
Band councils: They would have authority to make by-laws on lottery schemes. The bill does not require a council to make any by-laws.
Provinces and the federal government: They must receive notice before a governing body begins using the new authority. The bill does not require them to approve the notice.
The public: The bill does not set a general ban on lotteries or change taxes, fees or fines in the supplied text.
The bill requires governing bodies to send notice, but gives no estimate for the cost of doing so or of using the new powers.
It does not specify funding, staffing, fees, or how lottery proceeds must be handled, except that the named charitable or religious lotteries must use proceeds for a charitable or religious purpose.
The bill’s summary describes the First Nation authority as “exclusive.” The operative provisions supplied grant specific powers and deem a reserve outside the province for section 207, but do not expressly state a general exclusive authority. The relationship between these descriptions is unclear from the supplied text.
The bill does not set out application procedures, decision timelines, appeals, reporting, or enforcement arrangements for licences and by-laws.
It does not explain how the new powers would interact with existing provincial lottery rules beyond the amendments shown.
The terms “public place of amusement” and “charitable or religious object or purpose” are not defined in the supplied material.
The material gives no start date for the amendments, or information about the bill’s current stage.
The bill appears intended to give First Nation governing bodies a direct role in regulating lottery schemes on their reserves, consistent with its stated goal of recognizing self-government.
Allowing governing bodies to set licence terms and make by-laws could let them shape rules for local circumstances.
The bill provides specific routes for charitable or religious lotteries, fairs and exhibitions, and small-prize lotteries at public places of amusement.
The notice requirement and the rule deeming a reserve outside the province for section 207 could raise questions about how First Nation and provincial authority fit together; the bill provides little detail on coordination.
The bill gives governing bodies power to set licence conditions but does not specify licensing procedures, oversight, appeals or enforcement.
The gap between the summary’s description of “exclusive” authority and the operative provisions supplied could leave the intended scope uncertain.