Definitions
197 (1) In this Part,
bet means a bet that is placed on any contingency or event that is to take place in or out of Canada, and without restricting the generality of the foregoing, includes a bet that is placed on any contingency relating to a horse-race, fight, match or sporting event that is to take place in or out of Canada; (pari)
common bawdy-house [Repealed, 2019, c. 25, s. 69.1]
common betting house means a place that is opened, kept or used for the purpose of
(a) enabling, encouraging or assisting persons who resort thereto to bet between themselves or with the keeper, or
(b) enabling any person to receive, record, register, transmit or pay bets or to announce the results of betting; (maison de pari)
common gaming house means a place that is
(a) kept for gain to which persons resort for the purpose of playing games, or
(b) kept or used for the purpose of playing games
(i) in which a bank is kept by one or more but not all of the players,
(ii) in which all or any portion of the bets on or proceeds from a game is paid, directly or indirectly, to the keeper of the place,
(iii) in which, directly or indirectly, a fee is charged to or paid by the players for the privilege of playing or participating in a game or using gaming equipment, or
(iv) in which the chances of winning are not equally favourable to all persons who play the game, including the person, if any, who conducts the game; (maison de jeu)
disorderly house means a common betting house or a common gaming house; (maison de désordre)
game means a game of chance or mixed chance and skill; (jeu)
gaming equipment means anything that is or may be used for the purpose of playing games or for betting; (matériel de jeu)
keeper includes a person who
(a) is an owner or occupier of a place,
(b) assists or acts on behalf of an owner or occupier of a place,
(c) appears to be, or to assist or act on behalf of an owner or occupier of a place,
(d) has the care or management of a place, or
(e) uses a place permanently or temporarily, with or without the consent of the owner or occupier thereof; (tenancier)
place includes any place, whether or not
(a) it is covered or enclosed,
(b) it is used permanently or temporarily, or
(c) any person has an exclusive right of user with respect to it; (local ou endroit)
prostitute[Repealed, 2014, c. 25, s. 12]
public place includes any place to which the public have access as of right or by invitation, express or implied. (endroit public)
Exception
(2) A place is not a common gaming house within the meaning of paragraph (a) or subparagraph (b)(ii) or (iii) of the definition common gaming house in subsection (1) while it is occupied and used by an incorporated genuine social club or branch thereof, if
(a) the whole or any portion of the bets on or proceeds from games played therein is not directly or indirectly paid to the keeper thereof; and
(b) no fee is charged to persons for the right or privilege of participating in the games played therein other than under the authority of and in accordance with the terms of a licence issued by the Attorney General of the province in which the place is situated or by such other person or authority in the province as may be specified by the Attorney General thereof.
Onus
(3) The onus of proving that, by virtue of subsection (2), a place is not a common gaming house is on the accused.
Effect when game partly played on premises
(4) A place may be a common gaming house notwithstanding that
(a) it is used for the purpose of playing part of a game and another part of the game is played elsewhere;
(b) the stake that is played for is in some other place; or
(c) it is used on only one occasion in the manner described in paragraph (b) of the definition common gaming house in subsection (1), if the keeper or any person acting on behalf of or in concert with the keeper has used another place on another occasion in the manner described in that paragraph.
Annotations | FrenchSection 197
- In the definition of “Common betting house” the word “open” should be used in the same context as “kept” or “used” in that the premise is used for more than one occasion and on a regular basis. R v Grainger (1978), 42 CCC (2d) 119 (ONCA) at para 4; Rockert et al v R, [1978] 2 SCR 704 at paras 19-20.
- “Bet" as used in the Criminal Code does not mean the same as in the law of contract. An off-track betting shop that places bets on behalf of customers is still involved in "betting" even though the shop is not a party to the wager and only makes a profit from tips paid by its customers. R v Benwell, 1972 CanLII 1349 (ONCA at paras 5, 14 and 16.
- “Keeper” has to go further than simply being the owner or operator of a premise. In order to fall under the definition of keeper as it relates to this part of the Criminal Code, a person does not necessarily have to be involved in the operation of a disorderly house but has to know of the activities taking place. For example, the owner of a motel would not be considered a keeper if someone else is running a common gaming house without his knowledge. R v Kerim, [1963] SCR 124 at para 7.