Ontario Enacts Anti-Gambling Advertising Legislation

On December 12, 2006, the Ontario Legislature enacted legislation to amend the Consumer Protection Act, 2002 (Act). Included in the amendments is a prohibition on the advertising of an "internet gaming site" that is operated contrary to the Criminal Code. For the purposes of the section stating the prohibition, advertising means advertising that originates in Ontario or is primarily intended for Ontario residents and includes providing a link to an Internet gaming site for the purpose of promoting use of the site. According to the definition inserted in the Act, an "internet gaming site" is one that accepts or offers to accept wagers over the Internet, i) as part of the playing of a game of chance or mixed chance and skill that is to take place inside or outside of Canada, or ii) on any contingency or event that may or is to take place inside or outside of Canada. It is interesting to note that this definition encompasses games of mixed chance and skill. As previously reported, an Internet poker site has attempted to argue in the US that it escapes US legislation banning Internet gambling because poker is a game of skill (see E-TIPS®, "Is Poker Subject to the Recent US Internet Gambling Ban?" Vol 5, No 9, October 25, 2006). As drafted, the amended Act would apply to games of mixed chance and skill, such as poker. The new ban on advertising also extends to persons, other than Internet service providers, who arrange for or facilitate the advertising of an Internet gaming site. For the text of the omnibus legislation (Bill 152 - 2006), see: http://masl.to/?K20E3256E For background on Bill 152 - 2006, see: http://www.ontla.on.ca/library/bills/382/152382.htm Summary by: Michael Migus