CANADA Law and Practice Contributed by: Danielle Bush and Matthew Kelleher, McCarthy Tétrault LLP
6.4 White Labels White-label providers would be classified as B2B sup- pliers; see 6.2 B2B Licences (Suppliers, Software, Etc) . 6.5 Technical Measures There are no technical measures in place at this time in Canada. 7. Responsible Gambling (RG), Also Known as Safer Gambling (SG) 7.1 RG Requirements As provincial government entities are the legal suppli- ers of gaming in their respective jurisdictions, they are responsible for ensuring that their contractors meet responsible gaming standards. Such standards may change in the details from province to province but generally speaking focus on the following: all avail- able tools reasonably available to an operator must be employed to ensure that no one who is below the age of majority is allowed to engage in gaming activi- ties and to allow players to self-exclude and be barred from gaming activities. All Provincial Gaming Operators have robust respon- sible gaming policies that will generally include: • training programmes for employees regarding responsible gaming; • advising and informing all players concerning responsible gaming and how to make informed choices about products and play in general; and • the operation of voluntary exclusion programmes. Using Ontario as an example, the OLG maintains a Responsible Gambling Centre at all gaming facili- ties, with staff from Canada’s Responsible Gambling Council at certain locations; there is mandatory train- ing for all front-line and management staff; and it runs a self-exclusion programme that uses technology such as facial recognition. The AGCO Standards as well as iGO’s policies require that all registered online operators ensure that no under-age, self-excluded or banned individuals can play or bet on their registered sites. iGO will regularly circulate a list of such indi- viduals to all of the operators who are then required
same amount for each site they operate. This cost- recovery fee will be charged annually and is over and above the annual registration fee of CAD100,000 (also per site). 4.10 Personal Licensing The concept of personal licensing for gaming does not exist in Canada.
5. Land-Based Gambling 5.1 Premises Licensing
Gaming premises are not licensed per se. All gam- ing premises are operated by the applicable Provin- cial Gaming Operator. The operator of the premises is registered by the applicable gaming regulator. The premises must be operated in compliance with the regulations and pursuant to the terms of the opera- tor’s agreement with the Provincial Gaming Operator.
6. Online Gambling 6.1 B2C Licences
There are no B2C licences available per se. If a com- pany will be providing online gaming to residents of a province, they will be doing so as a contractor to the applicable Provincial Gaming Operator. The company will be required to obtain a registration as an operator from the applicable provincial regulator. Having said that, Ontario’s registered gaming sites will appear to their players to be B2C offerings as the players will be engaging directly with the operators. 6.2 B2B Licences (Suppliers, Software, Etc) Companies that are providing services to online oper- ators that are registered in the applicable province must obtain a registration as a service supplier in that province. 6.3 Affiliates Affiliates are not required to be registered anywhere in Canada.
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