Safe and Regulated Sports Betting Act

An Act to amend the Criminal Code (sports betting)

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

This bill was previously introduced in the 43rd Parliament, 1st Session.

Sponsor

Kevin Waugh  Conservative

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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.

Votes

Feb. 17, 2021 Passed 2nd reading of Bill C-218, An Act to amend the Criminal Code (sports betting)

Safe and Regulated Sports Betting ActPrivate Members' Business

April 22nd, 2021 / 6:20 p.m.


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The Assistant Deputy Speaker Carol Hughes

I can confirm that your camera is off. We will move to the next speaker so that the member for Saint-Jean can deal with her technical issues. She will then be able to resume her speech.

We will move to another speaker for now and come back to the hon. member for Saint-Jean.

Resuming debate, the hon. member for Windsor West.

Safe and Regulated Sports Betting ActPrivate Members' Business

April 22nd, 2021 / 6:20 p.m.


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NDP

Brian Masse NDP Windsor West, ON

Madam Speaker, I am thankful for the opportunity to participate again in this process.

I want to thank all the members who were part of this effort, and not only this one but the previous one and even the one before that, which my comments will reflect on.

The former member for Windsor—Tecumseh, Joe Comartin, had a bill that went through this process and it got to the Senate. However, it languished there for a number of years and was never passed. With that lesson in mind, I am hoping that this process will go to the Senate, and the other chamber will be a little more expedient. I thank the government side for its support of this bill, Bill C-218, as well the Conservative Party, and I am hoping that the independent senators will connect and move this forward.

As has been noted, it is very important to acknowledge that things have changed a little, which is one of the reasons why I think the bill before us has more hope and opportunity than the previous ones. The NHL, NBA and other professional sports leagues have not just joined the process of getting this bill passed, but have changed to supporting it from being opposed to it in the past. That related to the fact that they had a monopoly and a system and structure that were based out of Nevada.

The situation with these restrictions today goes back to the United States and the syndicated crime that created Las Vegas. These were struck down by the court's ruling in New Jersey, which said the leagues should not have a monopoly on something that had been invented. They did not necessarily have a right to it. It had evolved over a number of different processes and was shattered, creating these differences.

We are different from other countries in that this type of regulation has come into effect through Europe and other place around the world. We can bet on our phones, we can bet on our computers and we can bet in a number of ways, but that is sending money to organized crime offshore and not helping the public purse. It is not helping people to deal with addictions or to identify strategies.

One of the most important things that we heard at committee was about the responsible gaming element and strategies to have people be registered through the process to get help, to redirect resources to it and to work with people to flag those problems before they get worse. This is as opposed to dealing with bookies in a backyard or over the phone with an offshore account who do everything they can to bait people into gambling more. What is recognized in this process is that we have a responsible, moral and ethical view in dealing with this, because if we do not, we leave vulnerable people in the hands of others.

I will wrap up my comments by reminding members that we have been here before. We had a bill pass in the House of Commons that was pretty much the same as this one and, later on, we had my private member's bill. We have to get this bill to the other chamber and have to get support there. I am working with members in the other chamber already, and I hope all members do.

If we are working on COVID-19, on policy and a whole series of things, one thing we can do right now is direct money away from organized crime and put it to the public good. We are all looking for, and debating, ways to help with the financial constraints during this pandemic. In this situation, more people have been using the online and offshore accounts than ever before.

Unfortunately, right now we cannot help some of the other good industries that are associated with this, like Casino Windsor and other places. However, the reality is that we would redirect traffic from organized crime. If we get this bill, Bill C-218, passed, it promises more resources and more support to make sure that people will be able to do this activity in a responsible, regulated manner.

Safe and Regulated Sports Betting ActPrivate Members' Business

April 22nd, 2021 / 6:25 p.m.


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The Assistant Deputy Speaker Carol Hughes

Resuming debate.

The hon. member for Saint-Jean. It is lovely to see her.

Safe and Regulated Sports Betting ActPrivate Members' Business

April 22nd, 2021 / 6:25 p.m.


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Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, I am pleased to rise today to speak to Bill C-218.

I had the privilege of listening to my colleague from Saskatoon—Grasswood when the bill was introduced and during the first round of speeches. I found his remarks very informative. I am taking the opportunity to speak today, but I do not pretend in any way that I will be able to teach the House as much he did.

Bill C-218 is actually quite simple. It consists of three clauses: one for the title of the act, one for its coming into force and one that proposes to replace a Criminal Code paragraph that currently excludes, from the definition of lottery, “bookmaking, pool selling or the making or recording of bets, including bets made through the agency of a pool or pari-mutuel system, on any race or fight, or on a single sporting event or athletic contest”. This would in effect decriminalize what is known as single event betting, which usually involves sporting events.

This bill kind of reminds me of a cat, not because it winds up sleeping on a shelf like a cat, which is what sometimes happens to certain committee recommendations that certain governments shelve, but because it has had several lives, as some of my colleagues mentioned earlier.

During the 40th Parliament, NDP MP Joe Comartin's Bill C-267 was never called for debate, unfortunately. During the 41st Parliament, NDP MP Joe Comartin once again introduced the bill, this time as Bill C-290, and it progressed a little farther and was passed at third reading without a recorded division. Back then, the current member for Winnipeg North spoke on behalf of the Liberal Party. Bill C-290 then died in the Senate.

During the 42nd Parliament, the NDP member for Windsor West introduced the bill. Unfortunately, it was defeated at second reading by Liberal and Conservative votes. The Bloc Québécois, on the other hand, voted unanimously in favour of the bill.

At the time, one of the arguments for killing this bill was that decriminalizing single sports betting might lead to cheating. That is like saying that leaving sports betting in the hands of organized crime would ensure that cheating does not happen. It is a weak argument, to say the least. Criminalizing something does not make it disappear. It just drives it underground. That is why this bill seeks to take sports betting out of the hands of organized crime.

In the 43rd Parliament, that version of the bill was passed at second reading with only 15 votes against it. Given that the government has introduced Bill C-13, which is substantively similar to this bill, we can expect Bill C-218 to make it to the Senate this time.

There are several advantages to decriminalizing single sports betting. One is that it would protect gamblers. Allowing the mafia to control sports betting opens the door to things like loansharking.

I will echo my colleagues who mentioned the case of the young man in Laval who ended his life in December 2019. He was only 18. The coroner's inquest showed that the man's suicide was tied to an $80,000 debt that he racked up on the Internet, on a gambling site that was run by the Montreal mafia.

According to an article written at the time, the young man gambled online. To access the site, users entered their name and password on the homepage, at which point they could bet on the results of all sorts of professional sporting events, and even on the results of the U.S. presidential election.

According to our research, the name of the site is registered to a corporation in Panama. This site has been hosted on a server in Costa Rica since March 2015 but did not become active until a year later. Using network management tool MyIP.ms, we can see that the corporation that owns the server hosts roughly 75 other online gambling sites. The site ranks 58th in number of visitors with roughly 200 daily visitors. We learned that the Montreal mafia's sports betting was run by a manager and working under him is an assistant and some bookies, in other words, recruiters. The bookies are responsible for the gamblers they recruit. The interest rate for paying off debt climbs by 3% to 5% per week. We are talking about mafia control and loan sharking. In this case, we are talking about people who lost their home because of online sports betting. What is more, there is no way to protect minors, who can easily access these sites.

If the ownership of these sites could be publicly disclosed, particularly by Crown corporations like Loto-Québec, it would mean that we could also expect more money to be injected into the fight against pathological gambling. Crown corporations also contribute in other ways. They give back to society. For example, Loto-Québec sponsors many events, owns and acquires public assets, and funds cultural events. Society will therefore benefit if we take sports betting out of the hands of organized crime.

Another advantage is that we would be be taking money away from organized crime. During an investigation conducted in Quebec as part of Operation Colisée, an expert estimated that, between December 2004 and December 2005, the Rizzuto clan took in approximately $27 million a year from illegal sports betting. We can expect that amount to be even higher now. By taking this revenue away from organized crime, we would be preventing criminals from diversifying their operations. For example, after a major drug seizure, organized crime can turn to illegal betting to survive. By cutting off this source of income, we are hurting organized crime.

Another advantage that my colleagues have mentioned is that governments could see an increase in revenue from decriminalizing single sports betting. Deloitte has pointed out that within five years of decriminalization, Canada's revenues could go from $500 million to as much as $28 billion, which is a handsome sum.

In the U.S., the industry grew after our neighbours to the south legalized it in response to Murphy v. National Collegiate Athletic Assn. More than 25 U.S. states now allow sports betting.

Decriminalization could lead to competition. For example, the casinos in Detroit, Michigan, would be in direct competition with those in the riding of the member for Windsor West. Quebec would be no exception, since New York state has legalized sports betting. Gambling establishments in Plattsburgh, which is less than 90 minutes from the U.S. border, could end up competing with Loto-Québec once the border reopens.

In conclusion, beyond all these advantages, we must not forget the gamblers themselves. In talking with my colleagues, I realize that there is interest in sports betting. Many of my colleagues would very likely be happy to be able to make bets legally, if they could do so without contributing to companies that send their income to tax havens without paying tax. Lastly, they could place bets using French-language platforms.

For all these good reasons, the Bloc Québécois will be pleased to support Bill C-218. We hope that this time, the cat will not have to use up its nine lives.

Safe and Regulated Sports Betting ActPrivate Members' Business

April 22nd, 2021 / 6:35 p.m.


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The Assistant Deputy Speaker Carol Hughes

Resuming debate, the hon. member for Saskatoon—Grasswood has five minutes for right of reply.

Safe and Regulated Sports Betting ActPrivate Members' Business

April 22nd, 2021 / 6:35 p.m.


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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Madam Speaker, the prohibition on single-event sports betting is one where we are all well behind the rest of the world, including our neighbours to the south. I believe, and others believe, it is time that we simply catch up with the rest of the world. Instead of strong regulations and consumer protections, right now we have a system run by criminals and offshore companies. Instead of profits going toward the public good, they are actually going to funding their criminality.

It is time for that to end in this country. There is a clear consensus across party lines that Canadians agree with that tonight. I am very hopeful that in a few moments, we will be able to formalize that consensus and get this legislation sent where it should be, the Senate.

As this will likely be my last opportunity for me to speak in the House on this legislation, I want to thank all the members of Parliament from all sides in this place who have supported Bill C-218 through the legislative process. In particular, though, I want to thank the member for Niagara Falls, the member for Essex and the member for Windsor West for their hard work and support on this file.

I also want to thank the many stakeholders who came forward to provide their expertise and insight to me directly, the justice committee, and all my colleagues for their conversation. Since I brought this bill forward last February, I have heard from provincial and municipal governments, industry organizations, mental health and responsible gambling advocacy groups, amateur and professional sports organizations, sports media and various other groups. All of them provided valuable information, which was so crucial to the development of this legislation.

This could prove to be a historic day for our country. The passage of Bill C-218 here in the House of Commons would be a clear indication that the elected representatives of the people of Canada believe that this change is in the best interest of all Canadians. I am hopeful that upon passage of this legislation, our colleagues in the Senate will take up this legislation with haste, so that this outdated prohibition can finally be removed from the Criminal Code in Canada. It is well past time that we do so again.

Safe and Regulated Sports Betting ActPrivate Members' Business

April 22nd, 2021 / 6:35 p.m.


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The Assistant Deputy Speaker Carol Hughes

The question is on the motion.

If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I would invite them to rise and indicate it to the Chair.

The hon. member for Niagara Falls.

Safe and Regulated Sports Betting ActPrivate Members' Business

April 22nd, 2021 / 6:35 p.m.


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Conservative

Tony Baldinelli Conservative Niagara Falls, ON

Madam Speaker, I ask that this bill pass on division.

Safe and Regulated Sports Betting ActPrivate Members' Business

April 22nd, 2021 / 6:40 p.m.


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The Assistant Deputy Speaker Carol Hughes

I, therefore, declare the motion carried on division.

(Motion agreed to, bill read the third time and passed)