Ontario Prohibits Advertising of Illegal Internet Gambling

By John Tuzyk and James Hoffner

The Ontario government enacted amendments to the Consumer Protection Act, 2002 (the “Act”) that specifically prohibit the advertising of illegal internet gambling sites (the “Amendments”). The Amendments became effective on January 1, 2008.

The Act now provides that no person shall advertise an internet gambling site that is operated contrary to the Canadian Criminal Code (the “Criminal Code”) and that no person, other than an internet service provider, shall arrange for or otherwise facilitate such advertising.

In Canada, the conduct of gambling is an offence under the Criminal Code unless it falls within certain limited exceptions. The most relevant exception in a commercial context is gambling conducted and managed by provincial governments. Another exception is private bets between individuals who are not engaged in the business of betting.

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