What Happened
Quebec enacted provisions under the Act to limit Internet gambling that required internet service providers (ISPs) operating in Quebec to block access to a list of unauthorized gambling websites. The list was administered by the Régie des alcools, des courses et des jeux (RACJ). The stated objectives were consumer protection, harm reduction, and channeling players to Loto-Québec’s Espacejeux platform.
The implementation faced immediate legal challenge. Opponents argued the blocking requirement infringed on federal jurisdiction over telecommunications under the Telecommunications Act. The constitutionality of the blocking regime became a matter of extended litigation.
Why It Matters
Quebec’s approach was distinctive in the Canadian context — other provinces have not implemented ISP-level filtering for gambling sites. The policy debate that emerged touched on fundamental questions about provincial authority to regulate internet access, the effectiveness of blocking as a demand-reduction tool, and consumer freedom of access to information.
Constitutional questions: The central legal dispute was whether provincial authority to regulate gambling extends to directing ISP conduct, which falls under federal telecommunications jurisdiction. This jurisdictional tension reflects a broader pattern of provincial regulatory ambitions running into federal communications frameworks.
Effectiveness disputes: Evidence on whether internet blocking actually redirects consumers from offshore sites to authorized platforms is contested. ISP-level blocking can be circumvented using VPNs and other tools. Critics argued that technically savvy users — potentially including higher-volume gamblers — were not meaningfully impeded.
The RACJ’s role: The RACJ, which regulates alcohol, horse racing, and gaming in Quebec, maintained the blocking list. The criteria for inclusion and the process for contesting inclusion were subjects of policy commentary.
What’s Next
The legal and policy status of Quebec’s blocking regime has evolved through court decisions. The precedent implications for other provinces considering similar approaches have been closely watched. Whether any other Canadian province will attempt ISP-level blocking in the gambling context appears unlikely given the legal uncertainty the Quebec experience illustrated.
Sources
- Régie des alcools, des courses et des jeux: https://www.racj.gouv.qc.ca
- Loto-Québec: https://www.lotoquebec.com
- Espacejeux: https://www.espacejeux.com
- Department of Justice Canada (Telecommunications Act): https://laws-lois.justice.gc.ca