Is gambling in Canada legal?
The answer to this question is both yes and no. Within Canada, certain provinces sell lottery tickets and run online casinos within their boundaries, as permitted by law. The attempted establishment of horseracing for Internet gambling occurred in 2004, but created an issue due to claims that it violated the country’s federal Criminal Code. Horseracing is regulated by the Canadian Pari-Mutuel Agency, which falls under the federal Agriculture Department.
Kahnawake is considered a second tier gambling jurisdiction and it is one that has some of the largest numbers of registered online casinos. This province has been involved in some high-profile disputes, including the Absolute Poker and UltimateBet cheating scandals. UltimateBet had to refund players $22 million of which they had been cheated and the company also had to pay a $1.5 million fine. On the flip side, the territory’s exclusion from the UK white list of permitted advertisers has concerned some players.
What is the regulating organization in Canada jurisdiction?
Since 1999, the Kahnawake Gaming Commission has been responsible for the regulation and licensing of online gambling sites operating within its jurisdiction. It is the only North American online gambling licensor, which has caused issues between Quebec, where it is located, and the Indian tribes that run the local government. To date, Quebec has left the issue alone. The Commission is comprised of three members, each of whom the Mohawk Council of Kahnawake appoints and who serves a two-year term.
The Commission provides gaming licenses to online poker rooms, sports books, casinos, and other gambling outfits that operate online. To operate as an online provider, applicants must adhere to stringent provisions in order to be granted a license. The Commission has also provided three land-based poker rooms within Kahnawake with gambling licenses.
What are the laws and legal system pertaining to Canada gambling?
The Canadian Federal Criminal code permits only provincial governments to operate Internet gambling and other Internet “lottery schemes.” Therefore, most of the online betting sites are based on native reserves or offshore. Provincial lotteries do not enter the online market since the Criminal Code prohibits them from selling outside their provincial boundaries.
Kahnawake, officially referred to as the Kahnawake Mohawk Territory, is located on a Quebec Indian land reserve. The government of the Kahnawake Mohawk Territory is comprised mostly of tribal chiefs. This government is independent of Canada and the Kahnawake Gaming Commission follows the Regulations Concerning Interactive gaming when it licenses online gambling sites.
The Kahnawake Gaming Commission entered a memorandum of understanding with the Financial Services Regulatory Commission of Antigua and Barbuda in 2005. One year later, it developed a memorandum of understanding with the Lotteries and Gaming Authority of the Government of Malta.
What are the licensing requirements for a website to use Canada as its base of operations?
Four types of licenses are provided by the Kahnawake Gaming Commission. These are: interactive gaming license, key person license, client provider authorization, and secondary client provider authorization. To apply for a gaming license in Kahnawake, a company must pay a key person license application fee of $5,000 CAD. A fee of $25,000 CAD must be submitted for a client provider authorization license.
Once this fee is paid, an additional $15,000 CAD is due to cover an investigation of the company and software testing. Software risk analysis is provided by Gaming Associates, a renowned testing facility. Once the company passes the investigation and testing, it will receive a license and must pay an annual license fee of $10,000 CAD.
Is there any customer dispute legislation for Canada gambling?
Yes, the Kahnawake Gaming Commission handles customer disputes with online gaming operators. This entity has proven it can get results, based on the $22 million settlement in the UltimateBet cheating scandal. The Commission is one of the most prominent licensing jurisdictions in the industry. Commission regulators work closely with the eCOGRA organization. eCOGRA’s “Save & Fair” seal is a universal indicator of the trustworthiness of an online gambling website.
Who do I contact if I have a problem with a casino in this jurisdiction?
Customers who have complaints to file should do so directly with the Kahnawake Gaming Commission. Complaints may be filed online at the Commission’s Web site, via fax, or by mail. The Commission reviews the complaint and conducts an investigation in accordance with procedures outlined in its Regulations. When appropriate, the Commission will involve professional advisors.
What should I look for in a gambling website operating out of Canada?
Individuals should look for a license from the Kahnawake Gaming Commission. They should be aware that sites operating outside of their own provinces are most likely operating illegally and therefore, should be approached with caution. Though a license from the Kahnawake Gaming Commission should provide players with peace of mind, the reliability of the licensed sites lies mid-spectrum.