50/50 draws at Probus events

PROBUS Canada recommends that all clubs cease operating unlicensed 50/50 draws and similar games of chance!

• 50/50 draws are considered gambling because participants (1) pay to play (2) to win a prize (3) based on chance. 

• Therefore, clubs require a gambling license from their provincial or municipal authority before they can legally operate a 50/50 draw. 

• Probus clubs have not been able to get a license, in particular because proceeds do not go towards community improvements or 3rd parties.

• Clubs operating an unlicensed 50/50 draw are at the mercy of their province's or municipality’s law enforcement.

• Any fines or other legal action could be directed at individuals of the club’s executive and/or at participating club members.

Information in support of the above:

Criminal Code of Canada, Part VII, 206: Offence in relation to lotteries and games of chance

 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

(d) conducts or manages any scheme, contrivance or operation of any kind for the purpose of determining who, or the holders of what lots, tickets, numbers or chances, are the winners of any property so proposed to be advanced, lent, given, sold or disposed of;

Section 207 defines what types of gaming activities are legal in Canada, and the provinces are assigned responsibility to operate, license and regulate legal forms of gaming.

As an example, the Lottery Licensing Policy Manual of Ontario’s AGCO states:

To be eligible to receive a lottery licence, an organization must first have charitable objects and purposes that fall within one of the four classifications of charitability:

(a) the relief of poverty

(b) the advancement of education

(c) the advancement of religion

(d) other charitable purposes beneficial to the community, not falling under (a), (b) or (c).