Regulations Surrounding Advertising and Marketing of Internet Gaming in Ontario

In recent years, Ontario has overhauled internet gaming in the province with the launch of a regulated iGaming market in 2022. Prior to this, online gaming was largely controlled by the Ontario Lottery and Gaming Corporation (OLG), while many players resorted to unregulated grey-market websites for sports betting and other gaming activities.

The new framework opened the door to private operators, providing a legal and safer alternative to previously illegal betting channels. This shift has drastically reduced reliance on unregulated grey-market platforms, channeling most online gaming activities through legal, licensed operators.

By 2024, the market has grown to include over 47 registered operators, resulting in a major shift toward legal gaming, with nearly 86% of online gamblers using regulated sites. Additionally, Ontario has updated its advertising standards, banning promotions that appeal to minors and regulating the use of athletes and influencers in gaming advertisements. These changes aim to foster a safer and more competitive gaming environment while generating significant revenue for the province.

Who is the AGCO?

The AGCO oversees alcohol, lottery and gaming, cannabis retail, and horse racing in Ontario. As the regulator of gaming, the AGCO aims to minimize potential harm and promote a safe and responsible gaming environment in the province.

The AGCO regulates various aspects of lottery and gaming in Ontario, including: 

• Ontario Lottery and Gaming Corporation (OLG) lotteries – lottery games (e.g., lottery tickets) that are conducted and managed by the Ontario Lottery and Gaming Corporation (OLG).

• Casino gaming – Ontario’s land-based casino locations that are conducted and managed by the OLG. Many of these casino locations have private operators who are registered with the AGCO. 

• Charitable gaming – The AGCO licenses and regulates charitable gaming events (such as bingo, raffles and the sale of break open tickets) conducted and managed by eligible charitable groups.

• OLG gaming where a portion of profit is shared with charities – The OLG conducts and manages “cGaming” Centres where a portion of profits is shared with charities under an arrangement involving local municipalities, the gaming centre operators and the charities. 

• Internet gaming – The AGCO regulates Ontario’s internet gaming market (known as iGaming). iGaming Ontario, an AGCO subsidiary, is responsible for conducting and managing iGaming in Ontario provided through private operators, while OLG continues to be responsible for conducting and managing internet gaming offered on OLG.ca.   

Who must abide by the Internet Gaming Standards and Requirements?

Standards and Requirements apply to OLG with respect to its internet gaming site, to iGaming Ontario with respect to its activities, and to all registered internet gaming operators in Ontario. Additionally, certain Standards and Requirements also apply to registered gaming-related suppliers.

Operators are responsible for ensuring their gaming site complies with these Standards, regardless of which entity performs related activities. Depending on the situation, the Registrar may hold an Operator, a gaming-related supplier, or both accountable for adherence to a specific Standard.

The Registrar may direct any registered supplier to comply with any additional Standards and Requirements, as considered necessary to enhance and preserve the integrity of and public confidence in gaming in Ontario.

The Registrar has the authority to impose additional registration terms on an operator or other registrant to uphold the objectives of the Gaming Control Act (GCA). The Registrar may refuse a registration if the applicant is carrying on activities that would be in contravention of the Standards, if the applicant were registered.

Marketing and Advertising of Internet Gaming

The Registrar’s Standards for Internet Gaming set out the minimum requirements that iGaming operators and suppliers must meet to advertise, market and promote iGaming offerings in Ontario. These include requirements such as:

• restricting the ability for such operators and suppliers to target high-risk, underage or self-excluded people

• restricting the use of cartoon figures, symbols, celebrities, role models, social media influencers, or entertainers who would likely be expected to appeal to minors.

• restricting the use of active or retired athletes in advertising or marketing (except for the exclusive purpose of promoting responsible gambling)

• ensuring any marketing, advertising or promotions are truthful and do not mislead players or misrepresent products;

• imposing certain limitations on the use of gambling inducements, bonuses and credits (“IBCs”) (more detail on these limitations below); and

• providing an opt-in and opt-out process where players can actively provide or withdraw consent to receiving any direct advertising and marketing of IBCs.

Under Section 2.05 of the Registrar’s Standards for Internet Gaming, public marketing or advertising of gambling inducements, bonuses, and credits (IBCs) is strictly prohibited. However, there are two exceptions: (1) such IBCs can be advertised on the iGaming operator’s own site or app, and (2) they can be communicated directly to those who have explicitly consented on the iGaming site to receive such communications (consent obtained from third-party sites or separate iGaming sites is not acceptable). Under the Registrar’s Standards for Internet Gaming, direct marketing and advertising includes direct messaging via social media, emails, texts and phone calls. These requirements are in some cases stricter than those under Canada’s anti-spam legislation (CASL).

Permitted advertising and marketing materials that feature gambling inducements, bonuses, and credits must, at a minimum:

• Disclose all material conditions and limitations of the offer at its first presentation on the gaming site, with all other conditions and limitations no more than one click away;

• Not be described as free unless the inducement, bonus or credit is free. If the player has to risk or lose their own money or if there are conditions attached to their own money, the offer must disclose those terms and may not be described as free;

• Not be described as risk-free if the player needs to incur any loss or risk their own money to use or withdraw winnings from the risk-free bet;

• Provide an opt-in process for players whereby they actively consent to receiving any direct advertising and marketing of inducements, bonuses and credits, and provide a method to withdraw their consent at any time, where such marketing and advertising materials are available; and

• Include a Responsible Gambling message.

Marketing and advertising of iGaming in Ontario is tightly regulated to prioritize consumer safety, responsible gambling practices and to protect vulnerable populations. The requirement for clear disclosures and the prohibition of misleading marketing language helps to maintain transparency in the industry, fostering a more trustworthy gaming environment.

Ultimately this enhances the overall experience for players in Ontario, allowing both global and local operators to offer a wide range of betting options, better products, and more competitive odds. This diversity in offerings enhances the user experience, allowing players to choose from various platforms that cater to different preferences​.

Jaclyn Bickerton, September 30, 2024

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