EXPLANATORY NOTE

The Bill enacts the Ban iGaming Advertising Act, 2023. The Act prohibits the promotion of online gambling sites by means of advertising. Any person who contravenes the Act is guilty of an offence and on conviction is liable to a fine of at least $25,000 and not more than $1,000,000.

Bill 126 2023

An Act to prohibit advertising for online gambling sites

His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

No gambling site advertising

1 (1)  No person shall promote an online gambling site by means of advertising.

Same

(2)  No person shall, on behalf of another person, with or without consideration, publish, broadcast or otherwise disseminate any promotion that is prohibited by subsection (1).

Non-application

2 Section 1 does not apply to the following:

   1.  The distribution for sale of an imported publication or the retransmission of radio or television broadcasts that originate outside Ontario if the purpose of the distribution or retransmission is not promoting an online gambling site.

   2.  A literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts online gambling or an online gambling site-related brand element, whatever the mode or form of its expression, if no consideration is given by a manufacturer or retailer, directly or indirectly, for that use or depiction in the work, production or performance.

   3.  A report, commentary or opinion in respect of an online gambling site if no consideration is given by a manufacturer or retailer, directly or indirectly, for the reference to the online gambling site in that report, commentary or opinion.

Offence

3 Any person who contravenes section 1 is guilty of an offence and on conviction is liable to a fine of at least $25,000 and not more than $1,000,000.

Commencement

4 This Act comes into force on the day that is 30 days after the day this Act receives Royal Assent.

Short title

5 The short title of this Act is the Ban iGaming Advertising Act, 2023.