INTRODUCTION AND BRIEF DESCRIPTION

The definition of an association for the purpose of conducting horse-races.

SECTION WORDING

204(11) For the purposes of this section, "association" means an association incorporated by or pursuant to an Act of Parliament or of the legislature of a province that owns or leases a race-course and conducts horse-races in the ordinary course of its business and, to the extent that the applicable legislation requires that the purposes of the association be expressly stated in its constating instrument, having as one of its purposes the conduct of horse-races.

EXPLANATION

Section 204(11) of the Canadian Criminal Code provides a definition of "association" in the context of offences related to horse-racing. Specifically, this section clarifies that an association referred to in Section 204 of the Criminal Code is an organization that is incorporated under federal or provincial law, operates a race-course, and conducts horse-races as a part of its regular business activities. Additionally, to meet the definition of an "association," the organization must have a purpose statement in its articles of incorporation that specifically mentions the conduct of horse-races. This definition is important because it helps to distinguish legitimate horse-racing associations from illegal gambling operations. Section 204 of the Criminal Code makes it a criminal offence to engage in bookmaking (i.e., taking bets on horse races) or to communicate information related to bookmaking. The only legal exception to this rule is for individuals authorized by a legitimate horse-racing association to perform these activities. By defining "association" as an organization that is authorized to conduct horse-races under federal or provincial law, the Criminal Code ensures that only authorized individuals can legally engage in bookmaking activities related to horse-racing. Overall, the definition of "association" in Section 204(11) ensures that the Criminal Code's provisions related to horse-racing offences are narrowly tailored to address specific types of conduct. This helps to promote public safety and ensure the integrity of horse-racing as a legitimate sport and business activity.

COMMENTARY

Section 204(11) of the Criminal Code of Canada is a definition of association" in the context of horse racing and gambling. This provision is significant for understanding the legal and regulatory framework for horse racing in the country, as well as the criminal offenses that may be associated with this activity. The key feature of this definition is that the association must be incorporated by or pursuant to an Act of Parliament or of the legislature of a province and operate a race-course. This means that an association that engages in horse racing activities without proper authorization or registration is not covered by this provision and may be subject to legal penalties. Moreover, the definition limits its scope to horse-racing and prohibits the inclusion of other forms of gambling or gaming activities, such as casino games or sports betting, within the definition of association. Another important aspect of this definition is the requirement that the association's constating instrument explicitly states that one of its purposes is the conduct of horse-races. This aligns with the specific nature and objectives of horse racing as a regulated industry and aims to ensure that associations that engage in this activity do so in a transparent and legitimate manner. Additionally, this provision may facilitate the monitoring and enforcement of the association's activities by regulatory bodies and law enforcement agencies. The rationale for including this provision in the Criminal Code of Canada is to provide a legal framework for the regulation of horse racing and to prevent criminal activity associated with this industry. Through this definition, the government of Canada seeks to establish a regulatory regime that ensures the integrity of horse-racing events and promotes fair play and safety for everyone involved in this activity, including jockeys, trainers, owners, and spectators. Moreover, this provision may help to prevent illegal gambling, money laundering, and other offenses that may be associated with unregulated horse-racing activities. Despite the importance of this provision, it is not without its limitations and challenges. One potential issue is that the definitional requirements may limit the scope of the association to traditional forms of horse racing and may not accommodate emerging technologies or innovations in the industry, such as online betting platforms or virtual racing simulations. Moreover, there may be difficulties in enforcing the constating instrument requirement, as it may be challenging to identify the explicit purpose of an association's activities, particularly if it is not stated in a clear and unambiguous manner. In conclusion, Section 204(11) of the Criminal Code of Canada is an essential provision that defines the term association" in the context of horse racing and gambling. Its inclusion in the Criminal Code provides a regulatory framework for the horse-racing industry and aims to prevent criminal activities associated with this activity. However, it is important to acknowledge the limitations and challenges associated with this provision and to continue to address them through ongoing regulatory reforms and stakeholder engagement.

STRATEGY

Section 204(11) of the Criminal Code of Canada provides a definition for an association" that is relevant for the purposes of the section. This section of the code deals with betting on horse-racing and making and selling betting tickets. As such, the strategic considerations when dealing with this section of the code primarily relate to the legalities of betting on horse-racing and ways to comply with the relevant legislation. One important strategic consideration is ensuring compliance with all applicable laws and regulations. Horse-racing is governed by various Acts, including the Canadian Pari-Mutuel Agency Act, the Criminal Code of Canada, and provincial legislation. For example, in Ontario, the Horse Racing, Licensing and Board Act, 2015 sets out the framework for the regulation, supervision, and conduct of horse-racing in the province. It is essential for individuals and organizations involved in horse-racing, betting, and the sale of betting tickets to be aware of and comply with all relevant legislative requirements. Another strategic consideration when dealing with section 204(11) is determining the appropriate corporate structure for the association. This section specifies that the association must be incorporated by or pursuant to an Act of Parliament or of the legislature of a province. As a result, individuals and organizations wanting to conduct horse-racing events and offer betting on horse-racing must incorporate and comply with all relevant legislation. This may involve seeking legal advice to ensure that the association is properly structured and operates in compliance with all applicable laws. One strategy that could be employed to comply with section 204(11) is incorporating an association that has as one of its purposes the conduct of horse-races. The association must also own or lease a race-course and conduct horse-races in the ordinary course of its business. Therefore, a key aspect of the strategy is to organize and conduct horse-racing events in line with applicable legislation and regulations. This strategy would involve careful planning and organization to ensure that the association operates in compliance with all legal requirements. Another strategy that could be employed is to partner with existing horse-racing associations that already operate in compliance with the relevant legislation. This would involve establishing partnerships, joint ventures, or collaborations with these associations to offer betting on the horse-racing events they conduct. However, in such collaborations, care must be taken to ensure that all necessary legal obligations are met. In conclusion, dealing with section 204(11) of the Criminal Code of Canada requires careful consideration of applicable legislation and regulations. Strategies that could be employed include ensuring compliance with all laws, incorporating a horse-racing association that complies with the relevant legislation, partnering with existing horse-racing associations, and seeking legal advice to ensure that all legal obligations are met.