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Online Gaming in Ontario (Canada)

Authored by - Dickinson Wright (Last updated May 2024)

Overview

Open

Ontario (Canada) Online Gaming Overview

Regulated
Amendments to Ontario’s gaming regulatory legislation intended to establish a new online gambling regime were enacted in December 2020. In July 2021, the Government of Ontario announced the establishment of iGaming Ontario (“iGO”), a subsidiary of Alcohol and Gaming Commission of Ontario (the “AGCO”), as a separate and distinct legal entity whose role is to conduct and manage internet gaming (“igaming”) offerings through private gaming operators in Ontario.

iGO has the object and duty of conducting and managing such online gambling as is prescribed in the regulations (online lottery schemes), in addition to any other prescribed objects or duties. The AGCO is responsible for overseeing iGO. The Ontario government has the authority to issue directives to the AGCO or to iGO relating to the conduct, management and operation of prescribed online lottery schemes. iGO is responsible for the conduct and management of online gambling websites that are operated by private third parties, pursuant to Operating Agreements between iGO and those private entities and in accordance with the requirements for conducting and managing gambling under s. 207 of the Criminal Code.  In this manner, the Ontario government seeks to establish a competitive online gambling market that will bring offshore private online gambling operators currently in the Ontario market into the new legal market where they will be subject to a robust consumer protection framework.

As of April 4, 2022, qualifying players located in the Province of Ontario are eligible to play internet casino games and placing sports bets on sites offered by igaming companies (called operators) that are fully registered by the AGCO and approved by iGO.

Market Size
Online casinos, poker and sports betting are immensely popular in Ontario.

In its latest public report (April 1, 2023 – March 31, 2024) of market performance for the second full year of the operations of the Ontario igaming market, iGO reported approximately $63 billion (CAD) in total wagers and gaming revenue of approximately $2.4 billion (CAD), including approximately $17.8 billion (CAD) in total gaming revenue and approximately $690 million (CAD) in gaming revenue during this latest quarter.

Further market analysis can be found here.

Competitive Landscape
As at March 31, 2024, Ontario’s has 47 licensed iGaming operators offering 77 gaming websites. See the up-to-date list of Operators and gaming sites.

Localisation
Payment Methods: Ontario does not prescribe any particular payment methods, however the AGCO does prohibit the use of cryptocurrency in licensed igaming. Popular payment methods in Ontario include credit cards, e-wallets such as PayPal and Apple Pay, and the uniquely Canadian payment method known as Interac, which is a Canadian interbank network that links financial institutions and other enterprises for the purpose of exchanging electronic financial transactions.

Top Key Attractions and Challenges Ontario
Attractions

  • There are 29 land-based casinos in Ontario, ranging from charitable casinos and racetrack-based venues in smaller population centres to full resort casinos
  • Prominent teams in all major professional sports, giving the province strong potential as a sports wagering hub

Challenges

  • Greater Toronto Area, by far the largest population centre in the province, lacks a full resort casino and all attempts to build such a Toronto casino have been soundly defeated
  • Large number of igaming operators have been approved to do business in Ontario between April and June 2023 (46 licensees operating 71 websites) – Market may become saturated

Licensing & Regulation

Well-regulated / Unregulated (Open)

Ontario (Canada) Online Gaming Licensing & Regulation

The Province of Ontario is currently the only Province that permits private igaming operators to offer their games in the province, so long as the private operator has successfully registered with the AGCO and executed an operating agreement with iGO.

Licence Triggers
Accepting bets, deposits or any money whatsoever for igaming services from persons located in Ontario requires a...

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Enforcement

Light touch

Ontario (Canada) Online Gaming Enforcement

Regulating Bodies
In the Province of Ontario, the AGCO is the provincial regulatory agency responsible for regulating the igaming market. iGO is the provincial agency established in 2021 as a lottery subsidiary of the AGCO. iGO is responsible for conducting and managing igaming that is provided by private operators.

Under the Ontario igaming regime, AML regulations are applied directly...

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Marketing

Restricted

Ontario (Canada) Online Gaming Marketing

As a matter of Canadian law and in the eyes of the provincial governments, any advertising of “real money” sites by offshore, unlicensed operators in Canada that exists is being carried out contrary to law.

In the case of advertising in Ontario by igaming operators registered by the AGCO and that have executed operating agreements with iGO, Ontario has sufficient...

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Fees

Low

Ontario (Canada) Online Gaming Fees

Application Fees
In the Province of Ontario, an applicant to be the operator of an internet gaming site is required to pay an initial regulatory fee of CAD 100,000 per gaming site. A GRS is required to pay an initial regulatory fee of CAD 3,000 or CAD 15,000, depending on the category of registration. Registrants can select a one...

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Taxes

Average

Ontario (Canada) Online Gaming Taxes

Licence Taxes
In Ontario, iGO acts as a conduit between AGCO-registered igaming operators and governmental taxation authorities. Rather than being taxed directly by Canadian / Ontario taxation authorities on revenue generated by their Ontario-facing gaming sites, the operators are required to deposit their gross gaming revenue (“GGR”) from Ontario into a separate bank account and then transfer that GGR...

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Future Outlook

Positive

Ontario (Canada) Online Gaming Future Outlook

There have been no prosecutions of non-local online gambling operators in Canada under the Criminal Code. The absence of such prosecutions illustrates the current attitude of law enforcement authorities towards non-local online gambling operations. The authorities have evidenced no appetite to prosecute such activities, and this attitude has a significant bearing on the risk of prosecution of non-local online gambling...

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Legal Expert

Dickinson Wright

Office locations Canada (Toronto)

Dickinson Wright LLP delivers a full spectrum of strategic and innovative legal solutions in Gaming Law. Their experts are well-positioned to help clients rise to the challenges they face as the industry expands into new disciplines and faces evolving public policy realities. They represent casino operators, gaming device manufacturers abd suppliers, software developers, technology companies and international online gaming companies and advise on offshore gaming, social gaming, skill-based gaming, fantasy sports, esports and horse racing.

Dickinson Wright works closely with regulators throughout Canada, the U.S. and abroad. Their leadership position in the industry and their international network has generated worldwide recognition for offering unparalleled legal service.

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