Online Gambling Law In Ontario
Quebec and Manitoba offered similar online gambling options and was followed by Alberta and Ontario. The Atlantic Lottery Corp oversees online lottery ticket sales and bingo on the East Coast although it does not include casino offering such as slots, poker, and blackjack. The overarching statute that governs gambling activity in Canada is the federal Criminal Code (the “Code”). Sections 201 through to and including section 206 make all types of gambling, betting and lotteries illegal throughout Canada, with very limited exemptions such as pari-mutuel betting on horse races (provided for in section 204).
Ontario’s Conservative government has revealed plans to end the current online gambling monopoly and also legalise single event sports betting in the Canadian province.
In the 2019 provincial budget, the government has said it intends to establish a competitive market for online legal gambling “that will reflect consumer choice while protecting consumers who play on these websites”.
The proposed market will include both casino-style gaming and sports betting, with the government set to consult with key stakeholders to set out how the new-look market will operate.
Ontario currently operates under a monopoly system, with the Ontario Lottery and Gaming Corporation (OLG) the only approved operator to offer igaming via its PlayOGA.ca website.
In the budget, the government also sets out its desire to legalise single event sports wagering in Ontario, quoting a number of leading individuals in the North American professional sports market who have previously backed the motion. Currently only wagering on multiple events and parlay betting is permitted.
NHL ice hockey league commissioner, Gary Bettman, is among those that support such a move, saying that a level playing surface for wagering betting is in the best interest of the NHL’s own sports betting landscape.
“With two NHL franchises in Ontario and two right on the border with the US, Ontario is a very important market for the NHL,” Bettman said. “Accordingly, the NHL does not object to the Province of Ontario's initiative to offer single event wagering when it is permitted.”
NBA basketball commissioner, Adam Silver, has also given his backing to legal single event sports betting in Ontario, saying that such regulation would help to protect fans and the integrity of games.
Silver added: “Should the Federal Government permit betting on single sporting events, the NBA would support the Province of Ontario offering this form of betting, subject to appropriate safeguards. The NBA has agreements with multiple licensed international gaming companies that incorporate these safeguards and can help provide a roadmap for Ontario.”
Major League Soccer commissioner Don Garber and Canadian Football League commissioner Randy Ambrosie have also voiced support support for Ontario's plans.
Meanwhile, the government also used the budget to set out proposed changes for the OLG it said will help to create new jobs, provide opportunities for businesses and improve access to gambling products.
One such proposal includes upgrading OLG lottery terminals and expanding its lottery retail network in order to provide more interactive gaming experiences. Consumers could also soon be able to purchase products such as Pro-Line and Lotto 6/49 using their smartphones.
The government is also keen to enhance the retail experience by making it easier to purchase lottery tickets at grocery store check-out lanes at select retailers. In addition, plans are in place to expand and upgrade existing casinos, as well as open new facilities in Pickering and Peterborough.
Ontario’s government is also keen to work more closely with professional sports leagues and teams such as NBA franchise the Toronto Raptors to provide players with greater gaming experiences and entertainment.
In addition, the government will now allow casinos to advertise complimentary alcohol. The government said that this will help to create a level playing field for Ontario casinos and allow them to compete more effectively with facilities in the US.
The educated gamblers guide to online gambling laws Ontario.
Gambling is one of the most historically famous pastimes in the world. When the great Venetian explorer John Cabot arrived here in 1497, he discovered the natives participating in various gambling games. During colonization, British soldiers were known to be avid gamblers, although King Richard III had outlawed the activity in the 14th century, especially among troops. In his eyes, gambling was merely a distraction from the greater goal.
In 1867, when Canada became a self-governing nation, lawmakers adopted similar prohibitions. The Criminal Code of 1892 formally outlawed all gambling. That slowly changed over the next century, to the point that Ontario now regulates almost all wagering activities, including lottery, bingo, casino, poker and limited sports betting. The province even launched its own online gambling website – with all of these options – in January 2015.
Is Online Gambling Legal in Ontario?
Online Gambling Law In Ontario Law
There’s one area of the law that remains a mystery to many Ontarians. It’s rather obvious that gambling is legal (for anyone age 19+). There are many casinos and race tracks, lottery and Pro-Line retailers, all over the province. We also know that online gambling is legal, because Ontario hosts its own iGaming websites, PlayOLG.ca.
The mysterious part is whether it’s legal or illegal to use online gambling sites regulated outside of Canada? Provincial laws clearly state that, if you use a Canadian-based gaming site, it must be regulated in your own province. For example, Ontarians can use PlayOLG, but they can’t use BC’s PlayNow.ca. In reverse, BC players can join PlayNow, but not PlayOLG.
But what about international online casinos? Places like 888 Casino, Royal Vegas and William Hill? These are globally recognized, distinguished and wholly licenced operators. They just aren’t licenced in Canada. Can Canadians legally play at these sites?
Online Gambling Laws Ontario
The unique thing about Ontario’s gambling laws is that provincial lawmakers have very little to do with them. For the most part, gambling is a federal matter. The Criminal Code determines that all gambling is illegal, unless authorized by a province or territory. Even then, Canada decides who can authorize and regulate gambling, and how to do it.
Let’s take a quick look at relevant gaming laws found in the Criminal Code.
This section, Part VII, Disorderly Houses, Gaming and Betting, defines gambling related terms.
| 197 (1) In this Part, | Meaning |
| 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) | A “bet” is a wager on any skillful competition, such as sporting events and horse racing. Chance may be an element, but skill dominates in these contests. |
| Game means a game of chance or mixed chance and skill; (jeu) | A “game” is a gambling activity where chance dominates the outcome, with or without any element of skill. This includes all casino games like slot machines, blackjack, video poker, etc. |
How Ontario Regulates Online Gambling
For this, we turn to Section 207.
| 207 (1) …it is lawful | Meaning |
| (a) for the government of a province, either alone or in conjunction with the government of another province, to conduct and manage a lottery scheme in that province, or in that and the other province, in accordance with any law enacted by the legislature of that province; | Ontario is capable regulating any form of gambling (“lottery scheme”) defined by the Criminal Code. The government grants that power to its provincial regulator, Ontario Lottery and Gaming Corp (OLG). |
What Ontario Law Says About Gambling
Ontario’s most current version of the Gaming Control Act 1992 isn’t even worth quoting. Everything within this document deals with “gaming sites” (online or on land) that are “registered” with and “licenced” by the OLG. Any “gaming site” not registered/licenced falls under the jurisdiction of the Criminal Code of Canada.
What Does It All Mean?
There’s a big difference between being perceptive about the laws of online gambling, and knowing from which perspective to judge them. Gambling laws are a federal matter, not provincial. Ontario province merely chooses which forms of gambling they wish to authorize locally.
This means that Ontario can decide what operations are permissible, and which are illegal, within its borders. However, only the Canadian government can decide what’s legal and illegal outside of Ontario. And unless an online gambling operation is physically located somewhere within the confines of Canada, even the federal government has no jurisdiction over it.
To put it simply, internationally regulated gambling operators are not breaking any laws by accepting Canadian players. This is the stance our nation’s gaming law experts have taken. In their expert opinions, no online gambling laws Ontario applies will affect that. Unless the federal government amends the Constitution and/or takes international operators to court, that’s not going to change.
Disclaimer: Please note that we are not lawyers, and are not qualified or attempting to offer legal advice. The following is our personal interpretation of current legislation. For precise clarification of the laws in Ontario and/or Canada, please contact an attorney or local authorities.
#1 Canadian-Friendly Casino for 2020
Royal Vegas is our editorial pick for safe Canadian gaming. Currently offering a good range of Canadian deposit options, everything from prepaid gift cards, to eCheck, instadebit and visa/mastercard. That, and a world-class gaming experience, with countless table games, strong variety, and even live dealers. The brand has been in the business for a decade long.