What Happened

When Ontario opened its regulated iGaming market in April 2022, the Alcohol and Gaming Commission of Ontario (AGCO) released a set of Registrar’s Standards that included detailed provisions on advertising and marketing. These standards have been updated since launch, most notably with amendments in late 2023 that tightened rules around inducements — sign-up bonuses, free-bet offers, and similar promotional tools.

The rules govern all registered operators and their affiliates who market to Ontario residents. Violations can result in enforcement action including fines and, in serious cases, suspension or revocation of registration.

Why It Matters

Advertising in gambling markets carries heightened public policy concern because of the potential to normalize gambling behaviour, target vulnerable individuals, and mislead consumers about the nature of promotional offers. Ontario’s approach attempts to balance operators’ commercial interests against those consumer protection goals.

The core advertising principles established by AGCO require that all marketing:

  • Is truthful, accurate, and not misleading
  • Is not directed at minors or those who have self-excluded
  • Does not portray gambling as a financial strategy or suggest it leads to improved financial status
  • Does not use testimonials implying outcomes are typical when they are not
  • Includes responsible gambling messaging and the 19+ age requirement

Inducement rules (as updated): The 2023 amendments introduced the most significant restrictions. An “inducement” is broadly defined as any bonus, offer, or promotional incentive. Key requirements include:

  • Operators may not use unsolicited direct marketing (email, SMS, push notifications) to offer inducements to existing customers who have not explicitly opted in to receive such offers
  • Celebrity endorsements involving athletes in active sports careers are prohibited
  • Marketing must not be “intrusive” in a manner that targets people based on gambling behaviour inferred without consent
  • Bonus offers must clearly disclose all material terms and conditions, including wagering requirements, before a consumer accepts the offer

Prohibited content includes anything that:

  • Suggests gambling is likely to be profitable over time
  • Exploits urgency or scarcity in a misleading way
  • Is directed at “problem gamblers” as a target audience (which the standards define through various proxies)
  • Uses imagery, language, or themes primarily appealing to people under 19

The Affiliate Question

A persistent compliance challenge is the activity of marketing affiliates — websites and social media accounts that promote operators in exchange for referral fees. Ontario’s rules extend to affiliates acting on an operator’s behalf or under contract. This means an operator is responsible for ensuring its affiliates comply with AGCO standards, creating compliance obligations that flow through commercial relationships rather than just direct operator conduct.

How strictly this is enforced in practice, and how affiliate conduct is monitored at scale, remain questions of ongoing interest.

Enforcement in Practice

AGCO has taken enforcement action against multiple operators for advertising violations since market launch. Reported actions have included monetary penalties and compliance directives. The AGCO publishes enforcement outcomes, and its compliance team reviews advertising across digital channels, broadcast, and outdoor formats.

Operators must maintain records of advertising materials and can be required to produce them during compliance reviews. The AGCO also accepts public complaints about advertising practices, which may trigger investigations.

What’s Next

The advertising regulatory landscape continues to evolve. Discussions within the broader Canadian regulatory community have touched on whether federal-level advertising restrictions — similar to those enacted for tobacco and alcohol — might eventually apply to gambling. Industry observers have noted that self-regulatory initiatives have historically preceded regulatory mandates in advertising, suggesting further tightening could emerge from industry bodies before regulators act. The question of athlete endorsements, specifically the prohibition on active professional athletes, has drawn particular attention as operators navigate partnership arrangements.

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