With the exception of specific exceptions found in the Criminal Code of Canada, gaming is considered a criminal offence.  Charitable organizations may be authorized to engage in gaming pursuant to a licence according to section 207(1)(b) of the Code, which provides as follows:

207(1) Notwithstanding any of the provisions of this part relating to gaming and betting, it is lawful

(b)     for a charitable or religious organization, pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council thereof , to conduct and manage a lottery scheme in that province if the proceeds from the lottery scheme are used  for a  charitable or religious object or purpose.

Based on this provision, two criteria must be met before SLGA can issue a licence. The organization in question must be a charitable or religious organization and the funds raised through gaming must be utilized for a charitable object or purpose

Because the term "charitable” is not defined by legislation, defining the word is a legal issue and we must rely on common law to define the term. However, with respect to eligibility for a lottery licence, SLGA is not limited to common law; SLGA has developed its own policy guidelines based on common law, various court decisions, and past SLGA and Liquor and Gaming Licencing Commission decisions. These guidelines are intended to assist with decision-making and provide the overall policy framework and direction for SLGA. 

In determining the eligibility of licensees, SLGA considers the four categories of charitable purposes and the benefit to the public as a consequence of the organization’s activities.

The four categories of charitable purpose are as follows:

• The relief of poverty
• Advancement of education
• Advancement of religion
• Other purposes that are of broad benefit to the community as a whole

Charitable or religious purpose alone is not a sufficient condition under federal or provincial legislation to be considered eligible for a gaming licence.

Where an applicant for a gaming licence has provided the Charitable Gaming Licensing Branch of SLGA with the organization's charter, constitution, by-laws and/or minutes of the formation meeting, and a budget with the application, SLGA may consider any or all of these documents as evidence in determining the applicant's eligibility for a gaming licence.

An organization may be considered eligible for a gaming licence where SLGA is satisfied that:

(a)                the primary purpose of the organization is charitable or religious;

(b)                the proposed use of proceeds is consistent with the primary; purpose of the organization and is consistent with at least one of the four classifications of charitable purposes;

(c)                the mandate of the organization is consistent with at least one of the four classifications of charitable purposes;

(d)                an organization is in existence for a least 6 months before being considered eligible for a gaming licence;

(e)                organizations have a structure which includes a volunteer board of directors, a constitution and by-laws;

(f)                  the organization has a significant Saskatchewan component and offer programs that benefit a large segment of the community;

(g)                upon dissolution all assets are donated to a charitable organization.