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Each applicant will, however, be required to pass the risk assessment outlined in question 2. Each province differs in this regard but as the organisational structures are similar, Ontario will be used as an example.
The AGCO issues registrations with expiry dates. Prior to expiry, the registrant must complete and submit the same form as used for the initial application for registration.
Each registrant must also pay an annual fee e. Registrations may be revoked for any number of reasons but only after disciplinary action short of revocation.
In Ontario, registrants who are not in compliance with the law usually receive a warning first, followed by a monetary penalty if still non-compliant.
If the registrant continues to be non-compliant, the AGCO will issue a notice advising the registrant that they have 15 days in which to appeal the decision to a separate government appeal tribunal the Licence Appeal Tribunal that is not associated with the AGCO.
If the registrant does not appeal or loses on appeal, the registration will be revoked. Please include in this answer any material promotion and advertising restrictions.
The key limitation for all regulated Relevant Products arises from the fact that such products must be provided exclusively by a provincial government.
The lottery corporations in each province will decide which types of products they wish to carry from time to time and are able to change those policy decisions at will.
As the providers of the products to the residents of their respective provinces, the provincial government either through the applicable lottery corporation or through one of its branches typically Finance will exercise significant control over the selection of products, the locations in which the products will be placed, and the marketing that is permitted.
Some unregulated Relevant Products such as fantasy leagues and eSports are in a grey zone as various provincial regulators have taken the position that, in their view, such products contravene the Code.
Other unregulated Relevant Products, such as play-for-free games, are only limited by the requirement to comply with laws generally applicable to all service providers in Canada.
As the majority of private corporations operating in the gambling industry in Canada are, of necessity, merely registered suppliers of gambling products and services to the provincial governments, there are no industry-specific taxes or levies.
Such companies are required to comply with generally applicable federal and provincial income tax laws, but there is no separate regime of taxes within the industry.
As the providers of gambling services in their respective jurisdictions, the provincial lottery corporations have all addressed social responsibility in their regulations and policies, if not in their statutes.
Any private companies that provide services to the public on behalf of the lottery corporations are required to conform with those policies and regulations.
Those policies generally include training programmes for employees regarding responsible gaming, advising and informing all players concerning responsible gaming and how to make informed choices about products and play in general, and the operation of voluntary exclusion programmes.
Once again, using Ontario as an example, the OLG has a Responsible Gambling Centre at all sites, with staff from the Responsible Gambling Council at eight locations; there is mandatory training for all front-line and management staff; and they run a self-exclusion programme that uses technology such as facial recognition.
It is a given that minors are excluded from all forms of gambling activity including the purchase of lottery tickets.
While the foregoing is not applicable by statute to unregulated Relevant Products, providers of such unregulated products would be well advised to voluntarily comply with the same policies.
Does your jurisdiction permit virtual currencies to be used for gambling and are they separately regulated?
As noted above, the only entities that can legally supply gambling in Canada are provincial governments either directly through their respective lottery corporations or through service suppliers to those lottery corporations and charitable organisations licensed by provincial governments.
At present, virtual currencies are not recognised by any level of government in Canada. Provincial governments, alone or in concert, are permitted to provide any digital gaming activity that they desire, subject only to the restrictions in section 4.
Most provinces have read this to prohibit any type of sports betting other than parlay betting. Legal online sports betting therefore does not permit betting on single games or other types of sporting events.
While there is no legislation or case law that specifically criminalises or otherwise prohibits the provision of digital gaming by private companies, it is generally accepted that private digital gaming provided from within Canada for Canadian players will be caught by the prohibitions found in the Code.
There is less certainty around the issue of digital gaming provided by persons whose operations are located entirely outside of Canada.
To date, there have been no charges laid against any such offshore operator, and so the law in that regard remains untested. Having said that, all levels of government and all of the provincial regulators have taken the position that such operations are illegal and should be closed down.
In the case of unregulated Relevant Products, operators may provide such products from inside or from outside of Canada, although as noted elsewhere in this chapter, fantasy leagues and eSports remain in the grey zone in terms of legality in Canada.
There are no material restrictions on legal that is, government-run digital gaming in Canada. With respect to offshore digital gaming, neither the provincial governments nor the federal government have taken steps to limit access to such sites.
The Quebec legislation was held by a Quebec court to be unconstitutional in and thus is currently of no force and effect.
As expected, the decision is currently under appeal. See question 5. Provincial governments are allowed to provide any form of terminal or machine-based gaming that they choose.
For policy reasons, there are varying restrictions from province to province with respect to the nature of the games and their locations within the applicable jurisdiction.
For example, VLTs are provided to the public by provincial lottery corporations in all provinces other than British Columbia and Ontario. There are no slot machines available in two of the three territories Nunavut and Northwest Territories , while they are available in Yukon.
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What Parents Should Do Instead Of A Time Out. Despite all of the drawbacks with the government controlled sports betting lottery, Canada is considered one of the more relaxed countries towards gambling and sports betting.
All gambling forms are legally regulated with the Gaming Control Act. With the Act, a way was made open for the first ever land-based casino in the province of Ontario.
So, sports betting is legal. And not only offline, but online too. There is a legal grey are in Ontario and all over Canada regarding online betting, which has not been addressed in any provincial law.
As a result, online betting is considered legal, and the citizens of Ontario or Canada in global are not persecuted for placing wagers at off-shore sports betting websites.
On top of that, their winnings are not taxed at all. The gaming law is enforced by the Alcohol and Gaming Commission of Ontario. Some provinces share the same agency, but Ontario has its own.
It was established in and its job is to care for the public interest and oversee all gambling activities so that they are considered socially responsible.
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