Online Gambling in Canada: Everything You Need To Know About The Law
Overview of Internet Gambling in Canada
Canada’s government has a conflicting attitude when it comes to online gambling regulations.
On the one hand, the Canadian government does not grant online gambling licenses to site operators, and to run an Internet site in Canada is technically illegal, with the exception of provincially-approved sites. On the other hand, they do not prohibit Canadians from playing online on any site they choose.
A little historical perspective on gambling in Canada: gambling was simply not allowed prior to 1969, with the exception of some forms of lotteries and horse race wagering (read more here). In 1985, the federal government then decided to leave specific gambling regulations up to each individual province or territory, which opened the way for some legal land casinos to begin operations.
If you don't want to wade through Canadian gambling legislation you can jump right in and play safely at Spin Palace.
Read our quick facts about where Canadian law stands on gambling online:
- Every Canadian casino site we recommend here is perfectly safe and legal for you to game at.
- Canada players are at NO LEGAL RISK when visiting a casino site and gambling online.
- Online casinos that operate outside of Canadian borders are legal.
- Casino operators based within Canada face the risk of legal repercussions, which is why ALL the sites we recommend are foreign based.
- This is what the official Gaming Control Act website says about online gambling. To save you time it's basically what you've read here, only in far more words.
- If you want to be sure of staying safe and secure at an online casino, make use of the third party payment sites. Legitimate casinos will also always take all the major banking methods.
Gambling in Your Province
Laws That Affect Online Operators in Canada
the Kahnawake Mohawk Nation has been allowed to offer its online gambling site from its location near Montreal
Internet gambling is not mentioned in the Criminal Code of Canada. However, each province is allowed to legalize specific types of gambling for themselves, and the code even cites certain types of gambling that may be "operated on or through a computer" (generally referring to lotteries). Some experts have interpreted this as allowing each province to decide on the issue of legal Internet gambling within its own borders.
Technically, another section of the Criminal Code says only the Canadian government and its provinces may operate any form of gambling whatsoever. However, the Kahnawake Mohawk Nation, an Indian tribe, has been allowed to offer its online gambling site to users from its location near Montreal, Quebec since 1999. Although the Attorney General of Canada has actually come out and said this operation is not legal under their country's gambling laws, no one has ever taken any action against the Kahnawake, so its actual legality has become something of a moot point for these operators.
Laws That Affect Online Players in Canada
Basically, there are no laws that prohibit Canadian players from playing online.The only laws that would apply to players would be the same ones that would apply anywhere, regarding things like identity theft, fraudulent use of a stolen credit card, or underage gambling. Other than that, any laws regarding Internet gaming are strictly aimed at site operators, not their customers. Although many Canadian players may be understandably concerned about the legalities of online casinos in their country, they don’t need to worry. While the options for Canadian-based online sites may be quite limited, the government has put no restrictions against playing on international gambling sites. Additionally, there are no laws prohibiting banking transactions (like the U.S.’s Unlawful Internet Gambling Enforcement Act [PDF]), so Canadians can gamble online with confidence knowing they will have no issues cashing out their winnings via Canadian banks and currency.
Basically, there are no laws that prohibit Canadian players from playing online whatsoever; the only laws that would apply to online players would be the same ones that would apply anywhere, regarding things like: identity theft, fraudulent use of a stolen credit card, or underage gambling. Other than that, any laws regarding Internet gaming are strictly aimed at site operators, not their customers.
Why International Casino Sites Are Always Legal for Canadian Players
As we've already mentioned, there are no caveats against Canadians playing online, and that includes on any international site that can be accessed in Canada. Because the government puts no restrictions on banking deposits or withdrawals—including money going in and coming out in Canadian currency—there is no reason whatsoever that Canadian players cannot enjoy a full range of casino games on the Internet, hosted by international sites from around the world. Simply make sure the site is designed to accept whatever form of payment and withdrawal suits you best, and you should be good to go.
Do you have to pay taxes on your Internet winnings in Canada?
If you are a Canadian citizen and are not a professional gambler whose sole income derives from gambling, you do not have to pay any taxes on winnings from casino games in Canada. Of course, as with anything to do with taxes, we strongly suggest you consult your own tax adviser to determine whether you are liable for any taxes or not, given your individual situation, to ensure you are complying with all local and federal laws.
Is there any possibility I could be arrested for online gambling in Canada?
As long as you are obeying all normal gambling and federal laws (i.e. not doing anything fraudulent, no identity theft, and not playing online if you are underage) you can rest assured you will not be arrested for Internet gambling in Canada. For more information, visit our legal Canadian gambling page.
Gambling Online in Canada, Province by Province
Because the federal government has given each province and territory some jurisdiction over the scope of legal gambling for their region, here is an overview of what's considered legal in each of the ten Canadian provinces and the four territories. And let us remind you, Canadians anywhere in the country can legally access any international gambling site whenever they wish to.
For the legal online gambling sites listed for each province below, gamblers are required to live in that province, as well as physically be there when they make their online gambling deposits.
Just now that legislation is constantly changing, and what is banned today could easily become legal tomorrow in regards toInternet gambling.
Overview of Provinces and Territories, Vis-a-Vis Gambling Legalities for Online and On Land
- Canadian Lottery: Legal in all 10 provinces and four territories.
- Land Casinos: Legal in all provinces except New Brunswick, Prince Edward Island, and Newfoundland/Labrador, for a full range of table games and slot machines.
- Charitable Gaming: Legal in all provinces and territories.
- Horse Racing: Legal in all provinces and territories.
- Internet Casino Sites: Only technically legal if they are government/provincially sanctioned and run; but the Kahnawake Mohawk Nation has been allowed to run a gambling site with no repercussions.
- Land-Based Video Lottery Terminals (VLTs): Generally legal, regulations vary as far as whether venues must be specifically licensed or not.
Legal FAQ
What does the Criminal Code of Canada specifically say about online gambling?
Gaming and betting is covered in Part VII, Section 201 of the Canadian Criminal Code. There you will see why online gambling in Canada is such a grey area, mainly because it’s not really specifically mentioned anywhere. In the Code, you will find no mention of the words “internet”, “online”, or “electronic”, and “computer” is only mentioned in the context of licensing for lottery schemes.
The section in its entirety can be read on the Code’s official page here.
How old do I have to be to gamble online in Canada?
Except for three provinces, the legal gambling age in Canada is 19. In Alberta, Manitoba, and Quebec, it is legal for 18-year olds to gamble. These ages apply to both online and land-based gambling. Just remember that different forms of gambling are legalized in different provinces – be sure to check our province-by-province guide below to see what is legal in yours.
Do you have to pay taxes on your Internet winnings in Canada?
If you are a Canadian citizen and are not a professional gambler whose sole income derives from gambling, you do not have to pay any taxes on winnings from casino games in Canada. Of course, as with anything to do with taxes, we strongly suggest you consult your own tax adviser to determine whether you are liable for any taxes or not given your individual situation.
Is there any possibility I could be arrested for online gambling in Canada?
As long as you are obeying all normal gambling and federal laws (i.e., not doing anything fraudulent, no identity theft, and not playing online if you are underage), you can rest assured you will not be arrested for Internet gambling in Canada. For more information, visit our legal Canadian gambling page.
Has the Canadian government ever taken legal action against offshore online casinos or those who play on them?
Regardless of if they were playing in their own country or on a site based overseas, the Canadian government has never taken action against an of-age Canadian citizen that gambled online. Similarly, the government has never made a case against an online casino based offshores that provides gambling services to Canadians.
How do Canada’s gambling laws compare to those in other countries?
Even though Canada’s gambling laws lie in a sort of giant grey area, overall the gambling laws (online and offline) are much more lax than in other countries. Given that there is no sort of legal precedent against gamblers in Canada or the sites they play on, the country could be considered a haven for online gamblers, especially for those under age 21.
Alberta
Minimum legal gambling age: 18
Legal types of land gambling include casinos, lotteries, horse tracks and horse track racinos.
British Columbia
Minimum legal gambling age: 19
Government-sanctioned Internet gambling that is legal includes: the British Columbia Lottery Corporation's (BCLC) online casino site (poker, slots, blackjack, craps, roulette, poker, sports wagering, bingo, the lottery).
Legal types of land gambling include casinos, horse tracks and horse track racinos, and the lottery. While land casinos are privately operated at the government's discretion, the province benefits from 10% of the net gaming revenue from a "community" casino and one-sixth from a "destination" casino. British Columbia also now allows bingo halls to add slot machines.
Labrador
Minimum legal gambling age: 19
Government-sanctioned Internet gambling that is legal includes: the state-run lottery.
Land gambling that is legal includes the lottery and horse racing.
Manitoba
Minimum legal gambling age: 18
Government-sanctioned Internet gambling that is legal includes: the British Columbia Lottery Corporation's (BCLC) online casino site (poker, slots, blackjack, craps, roulette, poker, sports wagering, bingo, the lottery).
Legal land gambling includes casinos, horse track racinos and the lottery.
New Brunswick
Minimum legal gambling age: 19
Limited government-sanctioned Internet gambling that is considered legal includes: the state-run lottery.
Legal land gambling includes horse racing and the lottery.
Newfoundland
Minimum legal gambling age: 19
Limited government-sanctioned Internet gambling that is considered legal includes: the state-run lottery.
Legal land gambling includes horse racing and the lottery.
Northwest Territories/Nanavut Territories
Minimum legal gambling age: 19
Legal Internet and land-based gambling: the state-run lottery.
Nova Scotia
Minimum legal gambling age: 19
Limited government-sanctioned Internet gambling that is considered legal includes: the state-run lottery.
Legal land gambling includes casinos, horse racing and the lottery.
Ontario
Minimum legal gambling age: 19
Limited government-sanctioned Internet gambling that is considered legal includes: the state-run lottery.
Legal land gambling includes casinos, the lottery, horse racing and horse track racinos.
Prince Edward Island
Minimum legal gambling age: 19
Limited government-sanctioned Internet gambling that is considered legal includes: the state-run lottery.
Legal land gambling includes horse track racinos and the lottery.
Quebec
Minimum legal gambling age: 18
Limited government-sanctioned Internet gambling that is considered legal includes: the state-run lottery and state-sanctioned online poker via Loto Quebec, in conjunction with BCLC and Atlantic Lottery Corp.
Legal land gambling includes casinos, horse track racinos and the lottery.
Saskatchewan
Minimum legal gambling age: 19
Limited government-sanctioned Internet gambling that is considered legal includes: the state-run lottery.
Legal land gambling includes casinos, lottery, horse racing and horse track racinos.
Yukon
Minimum legal gambling age: 19
Limited government-sanctioned Internet gambling that is considered legal includes: the state-run lottery.
Legal land gambling includes (non-profit) casinos, and the lottery.
Canadian Players Have Plenty to Choose From
As you can see, Canadian gamblers have many Internet gambling options, most excitingly the numerous international sites they can freely partake in. We hope this overview has been helpful, and most importantly, we hope that all your gambling ventures are loaded with lots of good luck!
