An Act to amend the Criminal Code (sports betting)

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Sponsor

Joe Comartin  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Outside the Order of Precedence (a private member's bill that hasn't yet won the draw that determines which private member's bills can be debated), as of Feb. 11, 2011
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment repeals paragraph 207(4)(b) of the Criminal Code to make it lawful for the government of a province, or a person or entity licensed by the Lieutenant Governor in Council of that province, to conduct and manage a lottery scheme in the province that involves betting on a race or fight or on a single sport event or athletic contest.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

February 23rd, 2021 / 12:35 p.m.
See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Masse, the member for Windsor West, I want to first thank you for all the work you did on your bill. You were the champion in 2016 of Bill C-221, and you've been a great ally to me. I drew number seven overall in the private member's bill draw and came to you right away because I did see the need in this country for single-event betting.

As you well know, the provinces, other than New Brunswick, have spent 30 years regulating lotteries and gaming. They have all the expertise. You're exactly right on that. As I said, I think Quebec and maybe B.C. might get the jump a month in if this bill passes, but there are others that may not bring this bill out for a year. They'll have those discussions.

I can look at the Western Canada Lottery Corporation. The head office is in Leduc, Alberta. They may take a little longer because they're dealing with three provinces and one territory. Will you still go to the corner grocery store to fill out a sheet, or will you go to an app? These are questions that only the provincial authorities are looking at right now. Some are ahead of others, and some may take a little while. We'll see how this goes.

The provinces are ready for this, and I don't have to tell you that this is 10 years in the making. They're still gun-shy on this bill because they have been disappointed in the past, not only with your bill, but with Mr. Comartin's bill and then Bill C-627. However, they are ready, and we'll see where that goes.

Safe and Regulated Sports Betting ActPrivate Members' Business

November 3rd, 2020 / 5:35 p.m.
See context

Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Madam Speaker, I look forward to the return of the Nordiques, especially since, in my opinion, Alain Côté's goal was legal.

Having said that, such short, clear and succinct bills rarely generate that much interest and debate. Bill C-218 consists of three clauses. The first tells us its title, the safe and regulated sports betting act. The third and final clause states that this act comes into force on a date to be fixed by order of the Governor in Council. All the substance of the bill is found in the second clause, which states that paragraph 207(4)(b) of the Criminal Code is to be repealed. It is pretty straightforward. It is simple, but Bill C-218 is like a ghost haunting the halls of Parliament.

It started in 2011. At the time, so during the 40th Parliament, we had Bill C-627. The bill that had been introduced had the same objectives, but it was never debated.

There was a second attempt during the 41st Parliament, in 2013. That was Bill C-290, but it died in the Senate in October 2014.

During the 42nd Parliament, in other words, the last session of Parliament, there was Bill C-221, but it did not pass second reading on September 21, 2016.

Today, under the 43rd Parliament, we are back with Bill C-218. Hopefully, we can finally make an informed and effective decision on this bill.

Unsurprisingly, the Bloc Québécois will vote in favour of the bill. It will do so because we have to take reality into account. The bill is in line with the legislative movement in the world. Our American neighbours already have laws allowing sports betting on a single sport. The attempt to end this practice was settled by the U.S. Supreme Court on May 14, 2018, with the Murphy v. NCAA decision. That court ruled that it was unconstitutional for Congress to ban sports betting. Americans can therefore do this.

It is 2020 and people in France and England can place bets online. Earlier, in the lobby, I spoke to someone who made bets on a site based in Gibraltar, so we no longer need to meet someone in our city to bet. Now, it can be done everywhere in the world, and it is even easier in the United States.

Our neighbours to the south are competing unfairly Quebec and Canada in the gaming industry. Quebec has always been somewhat concerned about the pathological aspect of gambling and the use of that money. My Conservative colleague spoke about $14 billion. In Quebec, we are talking about $27 million a year, which is no small amount. What is more, we have always felt that this money should not go into the pockets of organized crime but should instead be replenishing the government coffers.

Quebec therefore set up an institution called Loto-Québec, which manages gaming in Quebec. However, the gaming industry in New York state and the entire online gaming industry are currently competing unfairly with Loto-Québec. It is time for that to stop.

Bill C-218 seeks to regulate gaming and make it safer for the people who engage in it. My intention is not to say that betting is a virtue, but it does exist. It always has and it always will. Our job as legislators is to regulate it as best we can.

I will now go back to what I was saying at the beginning of my speech. The title of Bill C-218 is as follows: safe and regulated sports betting act. In my opinion, we must ensure that this industry is regulated so we can better protect the players. It is a major industry around the world.

We want to avoid unfair competition, regulate gaming more effectively and be part of the global movement.

There was a situation in Quebec less than a year ago, in December 2019, involving an 18-year old man from Laval who racked up an online gambling debt of $80,000. When online gambling debts are controlled by the mob, the interest rate ranges from 3% to 5% a week and the debt increases exponentially. That is a scourge that we need to tackle.

This young many obviously did not have the means to pay that kind of money and ended up committing suicide in his home. He ended his life because he was unable to manage his gambling debt and he feared the worst for the safety of his family and the people around him. The website in question was tied to the Montreal Mafia.

We do not want that. Our responsibility as legislators is to prevent situations like that from happening again. The National Assembly of Quebec decided to tackle this problem as best it could. In 2016, it passed Bill 74 to regulate gambling in Quebec. However, the Superior Court of Quebec deemed the bill to be illegal because it did not fall within Quebec's jurisdiction. According the court, Quebec did not have the authority to prohibit gambling.

Quebec's hands are therefore tied. There is a pathological addiction to gambling among people who play. We want to control this problem, and we have some expertise through casinos and commercial lotteries. However, we need the additional tool of Bill C-218 to prevent situations as sad as the one of this 18-year-old young man.

In Quebec, we are talking about $27 million, but my colleague was talking about $14 billion. No matter how many millions or billions of dollars we leave to organized crime, I think it is a disgrace and that we owe it to ourselves to take back this jurisdiction and ensure that people play safely within a well-regulated framework.

Some parliamentarians opposed to the bill have concerns about cheating. I would just like to point out that section 209 of the Criminal Code already prohibits cheating at play. This risk already exists, and will always exist, even after Bill C-218 is passed, and so I do not think this is a problem that should concern us.

We must instead ensure that people who gamble do so within a safe and regulated framework and that the profits from gambling do not end up in organized crime, but remain in government coffers to benefit the citizens of Quebec and Canada.

Safe and Regulated Sports Betting ActPrivate Members' Business

April 19th, 2016 / 5:55 p.m.
See context

Charlottetown P.E.I.

Liberal

Sean Casey LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Mr. Speaker, I am rising today to contribute to the debate on Bill C-221, an act to amend the Criminal Code with regard to sports betting, sponsored by the member for Windsor West.

During my remarks, I will be highlighting the concerns I have with the proposed reforms. The government will be opposing the bill.

As Canadian law now stands, single-event sports betting is illegal. However, provinces and territories may offer another type of sports betting, known as parlay betting, to their residents. Parlay betting requires the bettor to correctly predict the outcome for a number of games in order to win. Parlay betting offers bettors an opportunity to participate in a legal and provincially or territorially controlled betting environment.

Single-event sports betting involves betting on the outcome of one single game, such as a game in the Stanley Cup finals. This private member's bill proposes to repeal paragraph 207(4)(b) of the Criminal Code, which prohibits betting on a single sporting event. If enacted, the amendment would allow a province or territory to offer this type of betting, if it chose to do so.

In Canada, provinces are responsible for operating, licensing, and regulating most legal forms of lottery schemes. Each province determines the types, amount, and location of this kind of gambling activity within the province. If single-event sports betting were permitted, each province would be left to determine how to implement this reform.

There are a whole host of issues that need to be considered when looking at legislative changes to the gambling provisions in the Criminal Code. The impact of Bill C-221 on issues such as match-fixing and problem gaming would be best examined in conjunction with provinces and territories, which would be responsible for single-event sports betting.

The amendment proposed in Bill C-221 may be familiar to many parliamentarians because the same reform was proposed in former private member's Bill C-290 and before that in former private member's Bill C-627, both of which were sponsored by Joe Comartin, the former member for Windsor—Tecumseh.

During debate and committee study of Bill C-290 in the Senate, senators and witnesses raised concerns with regard to the proposed reform. For example, the Senate Standing Committee on Justice and Human Rights considered Bill C-290 in 2011, and it heard that the NCAA, the National Football League, the National Hockey League, and the Toronto Blue Jays, on behalf of Major League Baseball, were all against this proposed reform.

The major concern for these leagues was that the proposed reform could affect the integrity of their games. The government shares these same concerns.

It is possible, as suggested by many sports leagues, that legalizing single-event sports betting could encourage gamblers to fix games, especially in areas where players do not earn a lot of money and may be more susceptible to bribes. The current parlay system of betting makes it unattractive to fix a game, because the only way to achieve a guaranteed payout would be to rig multiple events, which would be much more difficult to accomplish. Single-event sports betting would make a fraudster's task easier, since only one event would need to be fixed.

I believe it is very important to ensure that the integrity of the game is sedulously fostered, and I believe that we should oppose legislation that may significantly affect this integrity.

One of the sponsor's stated objectives is to stimulate the economy and to bring American consumers to Canada. The provinces and territories would stand to gain economic benefits from the proposed reform, but the question arises: at what cost and, specifically, at what social cost?

Studies suggest that 3% to 5% of Canadians are at risk for problem gambling, and 30% to 40% of gambling revenues come from that small percentage. In 2011, the Centre for Addiction and Mental Health in Toronto filed a letter with the Senate committee studying the former Bill C-290 and indicated that the empirical evidence in the field demonstrated that an increase in legal gambling opportunities could lead to an increase in problem gambling. The letter indicated a concern for sports betting in particular.

The Centre for Addiction and Mental Health reported an Ontario study that found that people with incomes of less than $20,000 per year were the least likely to gamble. However when they did, they were more likely to experience problems than those in higher income brackets.

These statistics indicate that the cohort of Canadians in the lower income bracket who gamble are the most vulnerable for experiencing problem gambling issues.

As well, individuals who live at or below the poverty line have little or no disposable income to spend on gambling. The amount spent on gambling takes a bigger bite out of their monthly budget. For someone making $20,000, spending even $1,000 a year on gambling is a very significant percentage of their disposable income.

Opposing this bill means protecting our most vulnerable citizens.

The Centre for Addiction and Mental Health also demonstrated that people, now patrons of illegal bookmakers, would likely continue to do so because of easy access to credit, convenience, and better odds.

The suggestion that this reform would be funnelling money away from organized crime and redirecting it into provincial coffers is clearly not strong enough to rationalize supporting the bill. In short, this proposed reform would bring about more gambling and would contribute to the many ills in society brought about by problem gambling.

While I appreciate that many would see these changes as a welcome way to stimulate the economy and to fund provincial activities, I do not believe that it should be supported. As such, I would ask members to join me in opposing this private member's bill.

Criminal CodeRoutine Proceedings

February 11th, 2011 / 12:10 p.m.
See context

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

moved for leave to introduce Bill C-627, An Act to amend the Criminal Code (sports betting).

Mr. Speaker, this is a piece of legislation that we would be amending that goes back hundreds of years, back to the British parliament. It was introduced as part of the transfer of legislation here.

At the current time, we are allowed to bet in Canada legally in several areas, but in particular on sports activities, and only if it is three or more events. That is the legality. It is strange how that came about. I do not fully understand it.

The effect of this bill would be to allow us to bet on individual events. There is a great deal of criminal activity that is going on, both inside and outside the country, where moneys are flowing out and Canadians are betting illegally on those activities.

This would be a way of allowing government, and government agencies, to run these events much as we allow for casinos and horse racing betting, so it would move it into that area. I have heard from all the casinos and a good number of the provinces. They want the ability to do this.

(Motions deemed adopted, bill read the first time and printed)