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Ontario’s online gaming market may soon expand beyond provincial and national borders. In a landmark decision issued on November 12, the Ontario Court of Appeal ruled that the province could legally allow its players to compete with international participants in peer-to-peer (P2P) games such as online poker and daily fantasy sports (DFS).
The ruling follows a request made by Ontario’s Ministry of the Attorney General in February 2024, seeking clarity on whether pooling Ontario players with those outside Canada would remain compliant with the federal Criminal Code. After nearly a year of deliberation, four out of five judges concluded that such cross-border play would be lawful, marking a potential turning point for Ontario’s iGaming industry.
Current Restrictions Limit Growth
Under existing regulations, all paid DFS and poker games in Ontario must be played exclusively within the province. This requirement forced operators like DraftKings and FanDuel to suspend DFS operations in Ontario more than three years ago. Poker platforms such as PokerStars, GGPoker, BetMGM, and 888poker remain active but restricted to local player pools, which significantly limits liquidity and appeal.
According to industry reports, P2P poker currently represents only about 2% of Ontario’s total regulated iGaming revenue. Proponents of cross-border play — including the Canadian Gaming Association (CGA), Flutter (PokerStars’ parent company), and NSUS (operator of GGPoker) — argue that pooling liquidity internationally would revitalize the market and attract more participants.
They emphasized that Ontario’s portion of any international game would still be “conducted and managed” within the province, consistent with regulatory standards, while foreign participants would play through platforms regulated in their respective jurisdictions.
Legal Interpretation Supports Ontario
The Canadian Lottery Coalition (CLC) and the Mohawk Council of Kahnawà:ke (MCK) opposed the proposal, arguing it would breach the Criminal Code by involving activity outside the province. However, the majority of judges disagreed, finding no such restriction in the Code’s text.
The ruling cited Section 207(1)(a), which allows a province to “conduct and manage a lottery scheme in that province, or in that and another province.” The judges concluded that Parliament’s intent was to prevent unapproved interprovincial expansion — not to prohibit international cooperation.
One judge dissented, warning that the proposed framework could stretch the definition of provincial control.
Industry Reaction and Next Steps
CGA President Paul Burns hailed the decision as “a significant victory for Ontario consumers who enjoy pooled gaming activities like poker and DFS.” He added that the CGA would work with the province and the Alcohol and Gaming Commission of Ontario (AGCO) to develop a compliant model.
However, implementation remains uncertain. The CLC has 30 days to appeal the ruling, and several operational questions, including governance, taxation, and prize distribution, must still be resolved.
Despite these challenges, the decision represents a milestone for Ontario’s regulated iGaming sector, paving the way for a new era of internationally connected online play.
Source: Canadian Gaming Business
