Ontario’s Court of Appeal has ruled that the province will be able to permit cross-border online gambling. This decision paves the way for large-scale growth. The court answered a question that Ontario’s government asked over twelve months ago. Officials wanted to know if Ontario’s iGaming rules could include players from other countries in online poker, sports betting pools and interactive gambling.

Ontario’s highest court declared the province can legally welcome international players to its regulated online gambling system. Four judges agreed while one disagreed in this advisory opinion about how cross-border gaming fits within Canada’s constitutional structure. The province needed to understand if online gaming and sports betting platforms could legally accept users from other countries. Currently, these platforms only allow players physically inside Ontario.

Ontario’s current regulations demand that all participants stay within provincial borders when using regulated sites. Players cannot join games or place bets with people outside Ontario. The government wants to modify this system for certain game types. Ontario residents could participate in peer-to-peer competitions like poker and daily fantasy sports against international opponents. The court explained that foreign players would access games through different websites or apps. These international users must follow the laws and regulations of their home countries.

Decision Opens Door to MSIGA Membership

This ruling means Ontario might join the Multi-State Internet Gaming Agreement (MSIGA). Several US states already participate in this agreement. The court emphasised these modifications would not include residents from other Canadian provinces and territories. Ontario cannot permit interprovincial access without formal agreements with those regions. Judges stated their opinion requires strong measures to prevent access from other parts of Canada. This requirement connects to how federal law divides powers between jurisdictions.

The decision validates the proposed framework but identifies several operational challenges. Many implementation details need clarification before cross-border gaming begins. The court pointed out undefined aspects, including which Ontario officials would contact foreign regulators or operators. Nobody knows who will handle negotiations yet. Oversight mechanisms for implemented agreements remain unclear. The court stated these issues need more policy development before international participation starts.

Ontario requested this legal guidance after creating a regulated open-market system for online gambling in 2022. Private companies now operate under the Alcohol and Gaming Commission of Ontario and iGaming Ontario. The government’s international peer-to-peer gambling plans created legal questions. These uncertainties led to the reference question and yesterday’s court opinion.