legalization of Casino
Halt | March 9, 2021 | 0 Comments

Features Of The Process Of Legalisation Of Casinos In 2021

If you have been thinking about setting up a casino in Canada, then you may have wondered how it can be legalized. Whether you wish to set up an online or a Land-based one, you must do so based on the laid-down procedures. There are many online casinos available in Canada. Some of the best online casinos Canada players can access include Jackpot City, iLucki, 21.com, Gaming Club, Spin.

However, for those who wish to set up a casino, then understanding the process of legalization of casinos is important. This will require obtaining the required licenses and permits from the relevant authorities. The process of legalization of casinos differs based on the provinces where the gaming facility is sought to be set up.

Some of the features of the process of legalization in 2021 involve the following:

Know The Applicable Laws

An Interesting History of American Casino Laws

It is important to know the guiding Laws on gambling firstly.

By gambling, includes operating and providing casinos, betting, ticket lotteries, bingo. It also covers card games, as well as electronic ones such as Video Slots and Slot machines. However, the main focus here is on casinos.

In Canada, the principal law which governs gambling activities is the Federal Criminal Code. Among the provisions of this law is the prohibition of lotteries, betting, and gambling within Canada, with a few exceptions, such as horse racing pari-mutuel betting. While this federal Statute is the relevant restrictive Statute, the rest of the statutes that regulate casino gaming and gambling are provincial except the pari-mutuel one on horse racing.

A. National

For the National level, the Code is the Statute that impacts casino gaming and gambling, this Statute provides for the primary restrictions as well as exceptions.

B. Provincial

At the provincial level, the relevant laws include:

PROVINCE GUIDING LAW
Alberta Gaming, Liquor, and Cannabis Act.
British Columbia

Manitoba

Gaming Control Act

The Liquor, Gaming, and Cannabis Control Act.

The Manitoba Liquor and Lotteries Corporation Act

New Brunswick Gaming Control Act
Northwest Territories Lotteries Act
Nova Scotia Gaming Control Act
Ontario Gaming Control Act, 1992

Ontario Lottery and Gaming Corporation Act

Quebec Act respecting the Société des Loteries du Québec

Act respecting Lotteries, Publicity Contests, and Amusement Machines.

Saskatchewan Alcohol and Gaming Regulation Act, 1997.

The Saskatchewan Gaming Corporation Act.

Yukon Lottery Licensing Act

Regulatory Permits You Must Acquire

As already stated, the operation of casinos and gambling within Canada is based on provinces. Note that no one is legally permitted to supply facilities for gambling or such services in Canada, except the provincial government. Provinces require the registration of persons that supply goods and services which are used in the operation of gambling facilities and gaming services such as casinos. Companies that wish to supply gambling facilities can approach the governments of the provinces with a proposal for a gambling facility. The government is required to manage and conduct, with the company that proposed the plan functioning as the operator under agreement with the provincial authority.

This similar treatment applies to both land-based casinos and digital ones. There are no rigid residency limitations on those applying for registration. Though applicants will have to pass a risk assessment test and regulators of the provinces also determine whether the company had acted honestly and with integrity. For instance, where such a company had previously provided offshore online casinos to Canadian residents, this may prevent the company from being registered by the Provincial authorities.

Licencing Of Casino

Online Casinos

All the provinces have their distinct procedures for applying for casino licenses, though they are quite similar. Usually, a company must complete three forms to be listed as an operator or supplier: These forms include form regarding:

  • Application for registration
  • Enterprise disclosure;
  • Personal disclosure

The preliminary risk assessment includes reviewing the applicant’s finalized application materials together with details retrieved based on a thorough background investigation.  The information is assessed based on 5 criteria which are regarded as important pointers of whether it is appropriate to register the applicant.  These criteria include:

  • Honesty and integrity.
  • Financial responsibility;
  • Compliance with the law;
  • Registration type;
  • Financial gain from registration

Features Of Licences

Online Casinos In Canada What's Legal What's Not

All the provinces differ when it comes to the licenses issued in this regard. However, since the administrative structures are alike, Ontario will be used as an example.  The Alcohol and Gaming Commission of Ontario will issue registrations together with expiration dates. Before the expiration, the applicant must have completed and submitted the same form which was used for applying for registration. Upon registration, every registered is mandated to pay a certain fee annually to maintain their registration, for instance, for a legal casino operator, the required amount is $100,000.

Note that upon legalizing a casino, where the need is, the registration can be revoked. Though, this is after a series of prior and less weighty sanctions. In Ontario, a warning is initially issued, where the warning is disobeyed, this is followed by a monetary penalty. Whereby the monetary penalty is still non-compliant, then the Alcohol and Gaming Commission of Ontario then issues advice in the form of a notice informing the registered person that the decision can be appealed within 15 days to the Licence Appeal Tribunal, this is a separate government appeal tribunal which is not associated with the Alcohol and Gaming Commission of Ontario. Not appealing the decision means the license gets revoked.

Taxes And Other Relevant Levies

Since many private companies operating in the casino industry in Canada are simply registered suppliers of casino gambling services to the provincial authorities, there are no particular taxes or levies exclusive to the industry. Hence, these private corporations are mandated to conform with the general taxes to be paid at the provincial and national levels.

These are some of the most important features of the legalization process of casinos in Canada and its provinces in 2021.