🟡 45th Parliament, 1st Session — No upcoming sitting dates scheduled
S-241 Indigenous

S-241 (45-1) - An Act to amend the Criminal Code and the Indian Act

Chamber

senate

Stage

2nd Reading

Introduced

Nov 20, 2025

Progress

This bill gives First Nations exclusive authority to run and license lottery schemes on their reserves.

Key Changes

  • First Nations governing bodies gain exclusive authority to conduct, manage, and license lottery schemes on their reserves
  • First Nations can issue licences to charitable organizations, fairs, exhibitions, and other persons to run lotteries on reserves
  • A First Nation's reserve is legally deemed not to be part of the province for lottery purposes once proper notice is given
  • First Nations can enter into agreements with provinces or other First Nations to sell lottery tickets across jurisdictions
  • Band councils gain authority under the Indian Act to pass by-laws regulating lottery operations on their reserves
  • First Nations must provide written notice to the federal and provincial governments before exercising their new lottery authority

Gotchas

  • The bill deems reserves to be outside provincial jurisdiction for lottery purposes once notice is given, which could reduce provincial lottery revenue and create jurisdictional overlap or disputes
  • The bill applies both to bands under the Indian Act and to Indigenous groups with self-government agreements implemented by Parliament, but not all Indigenous communities may qualify under these definitions
  • There is no federal oversight or approval mechanism — only a notice requirement — meaning the federal and provincial governments are informed but cannot block a First Nation from exercising this authority
  • The bill does not address problem gambling protections or regulatory standards for lottery operations on reserves, leaving those entirely to First Nations by-laws
  • Cross-jurisdictional lottery ticket sales are permitted through agreements, but the bill does not specify how disputes between First Nations and provinces over such agreements would be resolved

Who's Affected

  • First Nations band councils and governing bodies
  • Provincial governments and their lottery corporations (e.g., OLG, Loto-Québec)
  • Indigenous communities on reserves across Canada
  • Charitable and religious organizations operating on reserves
  • Businesses and operators seeking lottery licences on reserve lands

Summary

Bill S-241 changes the Criminal Code and the Indian Act to give First Nations governing bodies the legal right to run lotteries and other lottery schemes on their reserves, or to license other people and organizations to do so. Currently, provinces have exclusive control over lotteries in Canada. This bill creates a parallel system where First Nations can operate independently of provincial lottery rules on their own lands. To use this authority, a First Nation must give written notice to the federal government and any province where its reserve is located before starting. Once notice is given, the reserve is legally treated as separate from the province for lottery purposes. First Nations can also make agreements with provinces or other First Nations to sell lottery tickets across boundaries. The Indian Act is also amended to allow band councils to pass by-laws regulating how lotteries are run on their reserves. The bill is framed around recognizing Indigenous rights to self-determination, Treaty rights, and Canada's commitment to the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).

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