CANADA Law and Practice Contributed by: Danielle Bush and Matthew Kelleher, McCarthy Tétrault LLP
to ensure that those individuals are either not on their site or are blocked from the site. Additionally, all gaming operators in Ontario must allocate at least 0.5% of their gross gaming revenue (GGR) to RG campaigns. For 2024–25, these cam- paigns must aim to enhance player and public aware- ness of RG tools, tips and strategies for safer play. Operators must also report their RG campaign activi- ties to iGO. 7.2 Gambling Management Tools All casino operators are required to ensure that no under-age or self-excluded players enter their prem- ises. The tools used to do so are chosen by the opera- tor. In Ontario, the AGCO Standards include specific guidelines on responsible gambling in game design. For instance, gaming sites must provide easy access to information on responsible gambling, settings for time and financial limits, and a ban on auto-play fea- tures for slots. 8. Anti-Money Laundering (AML) 8.1 AML Legislation The Criminal Code’s provisions regarding proceeds of crime and financing of terrorism synchronise with the federal Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCTFA). The PCTFA was enacted (and has been subsequently amended) to implement measures: • to detect and deter money laundering and the financing of terrorist activities; • to facilitate the investigation or prosecution of money laundering and terrorist financing offences (including establishing record-keeping and client identification requirements for financial services providers and other persons that engage in busi- nesses, professions or activities that are suscep- tible to being used for money laundering, and the financing of terrorist activities); and • to respond to the threat posed by organised crime by providing law enforcement officials with the
information they need to investigate and prosecute money laundering or terrorist financing offences. Section 5 (k) of the PCTFA specifically identifies casi- nos as a type of organisation that must comply with all the requirements in Part 1 (record-keeping, verify- ing identity, reporting of suspicious transactions, and registration) of the Act. The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) was established in 2000 by the federal government to act as Canada’s financial intelligence unit. FINTRAC is the regulatory body overseeing compliance with the PCTFA and its regulations. The only entities that can legally supply regulated relevant products in Canada are provincial governments (either directly through their respective Provincial Gaming Operator or through suppliers to those Provincial Gaming Operators) and charitable organisations licensed by provincial governments. In all cases, those entities are subject to Canada’s AML legislation – namely: • the PCTFA; and • Part XII.2 (Proceeds of Crime) of the Criminal Code (in particular, Section 462.31, which outlines the offence of laundering the proceeds of crime). At present, virtual currencies are not recognised by any level of government in Canada. They are regu- lated, but only to the extent that virtual currency deal- ers are required to comply with Canada’s AML laws.
8.2 AML Requirements See 8.1 AML Legislation .
9. Advertising 9.1 Regulatory/Supervisory Agency
The advertising and marketing of regulated gaming products and services is subject to the provisions of the applicable provincial gambling statutes and guidelines. For example, in Ontario, any entity that supplies the OLG with gaming services and products must comply with the OLG’s Marketing and Advertis- ing Standards, which, in turn, incorporate the stand- ards for marketing and advertising established by the
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