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First Nations Gain Control of On-Reserve Gaming

An Act to amend the Criminal Code and the Indian Act

Summary

This bill gives First Nation governing bodies exclusive authority to conduct, manage, and license lottery schemes from or within their reserves, once they notify the federal government and the relevant province(s). It amends the Criminal Code to recognize this authority and clarifies that provincial control does not apply on reserves where a First Nation has provided notice. It amends the Indian Act to allow band councils to make by-laws governing the operation, conduct, and management of on-reserve gaming. The intent is to recognize Indigenous self-government in gaming and enable on-reserve economic development through clearer jurisdiction.

  • Grants exclusive on-reserve lottery authority to First Nation governing bodies, including licensing of others.
  • Requires notice to Canada and the affected province(s), replacing provincial approval with a notice-based framework.
  • Empowers band councils to pass gaming by-laws under the Indian Act for on-reserve operations.
  • Shifts on-reserve gaming jurisdiction away from provinces, potentially covering remote/online offerings conducted from the reserve under federal law.
  • Aims to support Indigenous self-determination and new revenue/jobs through gaming and hospitality development.

Builder Assessment

Vote Yes

This bill advances economic freedom and investment on reserves by clarifying exclusive First Nation authority over gaming, with a simple notice requirement. The national-scale impact is modest and some regulatory fragmentation risks remain, but these can be mitigated without new red tape.

  • Empowers local decision-making and reduces provincial gatekeeping, improving speed-to-market for projects.
  • Creates clearer signals for private investment in gaming/hospitality infrastructure on reserves.
  • To strengthen safety and security: embed light-touch baseline alignment with FINTRAC/AML and interoperable responsible-gambling standards, with data-sharing that minimizes administrative burden.
  • Clarify the scope of “from or within” for online gaming and establish an expedited federal-provincial-First Nation notice registry to avoid disputes.
  • Encourage voluntary model laws/toolkits for band by-laws to reduce compliance fragmentation while preserving self-government.

Question Period Cards

What safeguards will the government put in place to ensure consistent anti–money laundering, responsible gambling, and consumer protection standards across multiple First Nation gaming regimes without reimposing provincial red tape?

What is the projected fiscal impact on provincial lottery revenues and public services, and will the government establish a transparent framework for dispute resolution or revenue-sharing to avoid costly intergovernmental litigation?

Does the authority to conduct lottery schemes “from or within” a reserve extend to online offerings to off-reserve players, and if so, how will geolocation, interprovincial reciprocity, and cross-border enforcement be managed?

Principles Analysis

Canada should aim to be the world's most prosperous country.

Enabling First Nations to capture gaming revenues and jobs can raise local incomes and contribute to national prosperity, though overall macro impact is modest.

Promote economic freedom, ambition, and breaking from bureaucratic inertia (reduce red tape).

Replaces provincial gatekeeping with a notice-based regime and local authority, reducing bureaucracy for on-reserve gaming enterprises.

Drive national productivity and global competitiveness.

Benefits are concentrated in the gaming/hospitality niche; little effect on economy-wide productivity or global competitiveness.

Grow exports of Canadian products and resources.

Gaming is primarily domestic; any cross-border online play is uncertain and not directly advanced by the bill.

Encourage investment, innovation, and resource development.

Clearer jurisdiction and licensing authority can attract private capital and spur innovation in casinos, bingo, and iGaming on reserves.

Deliver better public services at lower cost (government efficiency).

Jurisdiction is clarified, but a patchwork of by-laws could create compliance variability; efficiency gains or costs depend on coordination and standards.

Reform taxes to incentivize work, risk-taking, and innovation.

No tax policy changes; this shifts regulatory authority and revenue sources rather than altering tax incentives.

Focus on large-scale prosperity, not incrementalism.

A targeted sectoral reform with localized benefits; not a broad-based prosperity strategy.

Did we get the builder vote wrong?

Email [email protected]

PartySenate
StatusAt second reading in the Senate
Last updatedN/A
TopicsIndigenous Affairs, Criminal Justice, Trade and Commerce
Parliament45