To block or not to block?

This is a guest contribution by Cory R. Levi B.A., LL.L., J.D. is a Quebec and Ontario licensed Attorney with the Montreal based law firm of Lazarus Charbonneau (www.lazchar.com) and works in the Gaming and Corporate law departments. If you would like to submit a contribution please contact Bill Beatty for submission details. Thank you.

Last year, I wrote an article on the legal framework of Canada’s online gaming industry, specifically discussing the concept of the “Foreign Operators’ Principle” and how they legally offer their i-gaming products to Canadians without facing criminal prosecution.[1] But recently, with all of the rumours circulating about Canada being in the midst of reforming its current gaming framework, some questions have arisen as to whether Foreign Operators taking on Canadian-facing business will still be able to operate without legal consequence.

It goes without saying that Canada’s provinces have been unsuccessful in their attempt to launch their own self-run i-gaming platforms; British Colombia had complications with privacy controls, while Loto-Quebec just never met the targets it had initially forecasted, and while we cannot confirm nor deny these rumors, it’s pretty fair to assume that a regulated i-gaming regime, based on a licensing model, might finally help the provinces increase their bottom lines.

But what just might this model look like? Will it be something like the United States, where each province will have the discretion to determine whether or not it will regulate gaming, or will it be similar to the British model, where gaming will be regulated throughout the country? Will there be only a handful of licenses issued to existing Foreign Operators, or will any operator be allowed to apply? And even more, will this new model govern all forms of gaming (i.e. poker, casino, sports betting, fantasy), or will it be limited to just one type?