Ontario’s online gaming market could be on the brink of a major transformation after a panel of judges from the Court of Appeal for Ontario issued a favourable ruling that may allow online poker and daily fantasy sports (DFS) contests in the province to expand and include players located outside Canada. The decision responds to a legal reference filed by the provincial government in early 2024, seeking clarity on whether cross-border participation would violate the Canadian Criminal Code.
In a majority opinion, the Court determined that Ontario’s proposed model — in which Ontario-based players continue to use locally regulated platforms while foreign players participate through platforms regulated in their home jurisdictions — does not breach section 207(1)(a) of the Criminal Code’s “conduct and manage” requirement. The ruling emphasizes that as long as Ontario retains operational and regulatory control over the experiences of players physically within the province, international liquidity can be legally compatible with federal law.
This opens the possibility for operators to reinstate or expand DFS contests and multijurisdictional poker pools, which previously shrank after Ontario launched its closed-liquidity iGaming market in 2022. Industry analysts estimate that shared liquidity with approved foreign jurisdictions could increase poker participation by 40–60% and revive a DFS segment that lost most of its competitive depth after major brands restricted contests to Ontario-only player pools.
However, the Court cautioned that implementation will require further action: regulators must negotiate formal agreements with other jurisdictions, define eligibility parameters for foreign-based players, and ensure technical safeguards that keep Ontario’s compliance framework intact.
If the government proceeds, Ontario could become Canada’s first province to operate internationally linked poker and DFS markets, setting a precedent for other regions navigating the intersection of consumer demand, federal law and iGaming innovation.
