Ontario iGaming Ruling: Cross-Border Play Now Allowed

Ontario court of appeal rules province can allow cross-border iGaming

The Ontario Court of Appeal ruled 4-1 on November 11, 2025, that the province may let regulated iGaming sites connect players with users outside Canada. The majority read Section 207(1)(a) of the Criminal Code broadly, allowing provincial lottery schemes to extend beyond borders while staying under provincial authority. The decision lands in the middle of a federal-provincial fight over who controls cross-border digital services. For online poker rooms, the ruling opens the door to international player pools that were previously unreachable. This changes the practical calculus for sites that watched Ontario's market from a distance. The legal question always circled back to whether provincial regulators could reach across borders without stepping on federal criminal law. That question now heads to the Supreme Court of Canada.

Legal reasoning behind the decision

The dissenting judge warned the majority's interpretation could weaken federal criminal law and open room for unlicensed operators. The split mirrors a long-running tension between provincial authority over lottery schemes and federal power over criminal matters. Historically, Section 207(1)(a) of the Criminal Code was read as confining provincial operations to their own territory. The Court of Appeal for Ontario said that reading was too narrow. In the majority's view, a provincial lottery scheme Section 207 criminal code provisions do not automatically collapse when play crosses a border. What matters is whether the province maintains real and substantial connection test gaming oversight. The majority found that licensing conditions satisfy that test. The dissent disagreed sharply, arguing the province had moved beyond its constitutional lane. For operators, the split means the legal footing remains uncertain until a higher court settles it.

The Supreme Court appeal

Lottery agencies from British Columbia, Saskatchewan, Manitoba, and Atlantic Canada filed an appeal to the Supreme Court of Canada. They argue the ruling could encourage unlicensed gambling and muddy provincial control over lottery schemes. The appeal means legal uncertainty around cross-border iGaming will persist for months, possibly longer. Operators watching the case must choose between applying for Ontario licenses now or waiting for the high court to rule. For the moment, the Court of Appeal decision stands, and the Alcohol and Gaming Commission of Ontario continues to review license applications from domestic and international operators. The registered entities in Ontario's regulated iGaming market include BetMGM Canada Inc., FanDuel Canada ULC, PointsBet Canada Operations 1 Inc., Score Media and Gaming Inc. (theScore Bet), DraftKings / Crown DK CAN Ltd., Rush Street Interactive Canada (BetRivers), NorthStar Gaming (Ontario) Inc., Bally's Canada Inc., Hard Rock Digital (Canada) Limited, Kaizen Gaming Canada Inc. (Betano), Hillside (International Sports) ENC (Bet365), and ElectraWorks Maple Limited. All of them hold AGCO registration under the current framework.

What the ruling means for operators

For poker and sports betting operators, the decision is significant. Cross-border betting liquidity, the ability to match Canadian players with those in other countries, has been a barrier for Ontario-based sites. Without pooled liquidity cross-border iGaming Ontario rooms struggled to keep active tables during off-peak hours. Sportsbooks faced limits on the kinds of wagers they could offer. The ruling changes that picture. Licensed operators can now build larger player pools. That makes Ontario more attractive to international operators that previously stayed out because of liquidity restrictions.

International operators that once skipped Ontario may now apply for licenses. The application requires detailed corporate records, financial statements, and player protection protocols. Many documents need notarized certification before the AGCO accepts them, a detail that ties the gaming sector to notary services in a concrete way. A player looking for casino games might consider a Gangstasino sign up for bonus offers and tournament play but should verify the operator holds a valid AGCO license. The AGCO keeps a public register of licensed operators, and players can check it before depositing money. Peer-to-peer online poker international play depends on trust in that regulator, which is why the register matters.

The ruling does not change regulatory requirements for operators. Each site must still meet the AGCO's standards for player protection, including deposit limits, self-exclusion options, and age verification. The province also requires operators to contribute to a centralized problem gambling fund. These rules apply whether the player pool is domestic or international. The Court of Appeal decision addresses jurisdiction, not consumer safety standards. The iGaming Ontario regulated market operators all remain subject to the same rules.

The Supreme Court appeal will test how far provincial authority can reach into cross-border digital services. A decision may take a year or more. Until then, Ontario's market operates under the Court of Appeal's interpretation. Operators that want to enter the market now can apply, but they should expect the regulatory framework to stay strict. Players benefit from that strictness: licensed sites offer protections that unlicensed offshore sites do not. The question now is whether the Supreme Court will let provinces set their own rules for international play, or pull the authority back to the federal government. The interprovincial gaming agreement vs international play distinction will be central to that decision, as will the Attorney General of Ontario's arguments in defense of the current framework. Reference re iGaming Ontario (2025 ONCA 770) and Order-in-Council 210/2024 will likely feature heavily in the written submissions to the high court. Chief Justice Michael Tulloch's court has spoken, but the final word has yet to land. The Ontario Lottery and Gaming Corporation (OLG) and iGaming Ontario (iGO) will watch closely, as will the British Columbia Lottery Corporation (BCLC), Saskatchewan Lotteries, Manitoba Lotteries, and the Atlantic Lottery Corporation. Also watching are daily fantasy sports wagering Ontario legal questions that may now need fresh answers.