The Ontario Court of Appeal has ruled that residents can legally participate in online games with players outside Canada. The 4–1 decision follows a request from the provincial government to clarify the Criminal Code and removes a key barrier to cross-border gaming. The ruling could influence online gambling regulations across Canada, opening the door to international partnerships and prompting other provinces to review their frameworks.
iGaming Ontario (iGO), established in 2021, regulates online gambling offered by private operators and manages revenue distribution to the province. Until now, players in Ontario could only compete against others within the province, limiting participation in games such as poker and daily fantasy sports, which rely on larger player pools. Previous rules effectively created a closed system, preventing international play even when platforms were capable of supporting it.
The Ontario government sought clarification on whether allowing international player pools for online gambling would contravene the Criminal Code. The key issue was whether cross-border gaming amounted to an unlawful expansion of provincial gambling activities.
Chief Justice Michael Tulloch authored the majority opinion, confirming that Ontario’s plan complies with the Criminal Code. The 4–1 ruling saw four judges in favour and one dissenting. The court reasoned that Ontario retains regulatory control over players within its borders, regardless of where other participants are located, making the arrangement lawful.
Tulloch wrote, “Allowing Ontario to regulate players within its borders who wish to play online games against players outside Canada advances public safety by bringing such gaming under protective regulation, thereby reducing such risks as fraud and addiction.”
The ruling is expected to bring more gambling activity under Ontario’s regulated system, reducing reliance on illegal or offshore sites. It also aims to lower fraud risks and provide safeguards such as addiction support and strict oversight. A recent study found that about 20 percent of Ontarians still gamble outside the regulated market; expanding game options and competitiveness could help shift these players to legal platforms.
In response to the ruling, CGA President Paul Burns commented, “This decision is a significant victory for Ontario consumers who enjoy pooled gaming activities like poker and DFS. It will bring back valuable options for players and increase the appeal of regulated platforms.”
Seven provinces, excluding Alberta and Quebec, opposed Ontario’s plan to expand online gambling. They argued the model could draw players in their jurisdictions to platforms beyond their control and potentially benefit unregulated offshore operators. Critics also raised concerns about jurisdiction, claiming Ontario was aligning with illegal gambling groups, a claim the province rejected.
Provinces have 60 days to seek an appeal. The Canadian Lottery Coalition has not confirmed its next steps, stating only that it is reviewing the ruling. If the Supreme Court agrees to hear the case, it could uphold the decision, overturn it, or clarify national rules for online gambling.
Ontario projects iGaming revenue of $253 million for 2025–26, nearly triple what it was three years ago. Allowing international player pools could boost activity in poker and fantasy sports. However, iGaming remains a small share compared to Ontario Lottery and Gaming revenues, which sit at about $2.4 billion.
Legal experts and gaming associations have welcomed the decision, citing benefits for consumer choice and market growth. Games such as poker and daily fantasy sports, which rely on large player pools, are expected to see increased participation and more competitive play.
Other provinces may consider similar models if Ontario’s approach proves successful. The ruling could prompt a national review of gambling laws and open opportunities for cross-border partnerships with global operators.
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