CANADA Law and Practice Contributed by: Danielle Bush and Matthew Kelleher, McCarthy Tétrault LLP
9.2 Definition of Advertising The word “advertising” is not defined in the Federal Code. There is no definition of that word in Ontario’s Gaming Control Act or the AGCO Standards; the word is used without capitalisation throughout the Stand- ards, indicating they expect operators to adopt a common sense interpretation of the term. On the other hand, iGO’s Operating Agreement defines “Marketing and Advertising” as “materials, processes, measures, actions and techniques used to promote, sell or raise brand, products or services (including the Operator Websites and Operator Offerings) through any channel or method to existing or prospective eligible consum- ers in Ontario”. There is no definition of advertisement in British Columbia’s Gaming Control Act or in Que- bec’s Act Respecting Lotteries, Publicity Contests And Amusement Machines. On the other hand, a defi- nition of “advertisement” is found in Section 146 (3) of Manitoba’s Liquor, Gaming and Cannabis Control Act: “In this section, ‘advertisement’ includes (a) any advertisement on radio, television, the internet or any other electronic medium, in a newspaper, magazine or other periodical, or on a billboard, bus or other prop- erty normally used for commercial advertising; and (b) any poster, handbill, leaflet, letter, card, sign or ban- ner”. The definition is used here within the context of evidence of illegal gaming operations. Manitoba is the outlier in providing a definition of the term as opposed to simply using it as a commonly understood English word. 9.3 Key Legal, Regulatory and Licensing Provisions See 9.1 Regulatory/Supervisory Agency . 9.4 Restrictions on Advertising See 9.1 Regulatory/Supervisory Agency . 9.5 Sanctions/Penalties Until the Ontario online gaming market opened in April 2022, the only gaming advertising in Canada was being placed either directly by the applicable Provincial Gaming Operator or by an operator of a land-based gaming facility that was being run on behalf of a Provincial Gaming Operator. Given that, in essence, those ads were government-run, there were no sanctions or penalties (or at least none that would be visible by any person outside of the government
AGCO (the “AGCO Standards”). In addition, the AGCO Standards for advertisements and promotions run by online gaming operators are very strict. The Registrar has levied a number of fines against registered online operators in response to non-compliant marketing and advertising. It is also important to note that, at this time, both operators and affiliates are prohibited from using bonus offers in order to drive traffic to online gaming sites. Operators may only offer bonuses and other gambling inducements to individuals who already have opened accounts on the applicable site. In addition, the advertising of all gaming products and services must comply with the general legisla- tion applying to any products and services in Canada, including the federal Competition Act and provincial consumer protection acts such as Ontario’s Consum- er Protection Act. Additionally, Section 13.1 of Ontario’s Consumer Pro- tection Act prohibits the advertisement of an “internet gaming site” in the province if it is operated contrary to the Criminal Code. To date, there are no reported cases that consider this section or the prohibition set out therein. Further, the Canadian Gaming Association (CGA) released the “Canadian Gaming Association’s Code of Responsible Advertising”, which is effective 1 January 2026. The code prohibits targeting minors and requires that all advertising avoid imagery, lan- guage, or influencers that appeal primarily to under- age audiences. It mandates truthful, non-misleading content, with clear disclosure of terms for promotions and bonuses, and forbids any suggestion that gam- bling is a solution to financial or personal problems. Responsible gambling messaging, including helpline information, must be prominently displayed, and ads should not encourage excessive play or imply gam- bling enhances social status or success. The code also requires robust safeguards for digital advertising, such as age-gating and audience targeting, to prevent exposure to vulnerable groups. Enforcement will be overseen by Ad Standards, with complaints adjudi- cated under both the CGA Code and the Canadian Code of Advertising Standards, and breaches may result in public disclosure of non-compliance.
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