Quebec Gambling Laws

2021年3月13日
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Quebec online gambling laws and why it’s not illegal to bet over the internet, even with international websites.
*Quebec Online Gambling Laws
*Quebec Gambling Laws 2020
*Quebec Gambling Laws Definition
*Is Gambling Legal In Quebec
The government of Quebec would love to tell its people that gambling online at an international, offshore website is illegal. In fact, they’ve actually said it on multiple occasions. But according to the law, that’s not really the case.Quebec Online Gambling Laws
I’m no legal expert or attorney, but there is much evidence to back up that statement. For one thing, over two decades of online gambling in Quebec has never once resulted in charges being brought up against an internationally regulated operator that has no ties to Canada.
Quebec is one of the predominantly French-speaking provinces in Canada. With a population in excess of 8 million people, this province is home to a good number of online casino enthusiasts who are passionate about making money online through gambling on their favourite casino games. If you are a Quebec-based gambler, you have scores of casinos and games to choose from.
One case did take place back in 2001, but the operator, Starnet Communications Ltd., held an office in Vancouver. That gave British Columbia the jurisdiction to prosecute the Antiguan business. Without physical presence, however, offshore operators certainly seem to be untouchable.Ambiguity of Canada & Quebec Online Gambling Laws
The Criminal Code of Canada and relative legislation in Quebec are too ambiguous to call internet gambling illegal. The Criminal Code enforces a prohibition against all gambling (Part VII: Disorderly Houses, Gaming and Betting), but gives provinces the authority to “conduct and manage” any type of “lottery scheme” they see fit to regualte.
*Quebec law states that French words must be two times bigger than English words on all commercial signs. You cannot pay for something that costs more than five dollars with nickels, and something that costs more than 25 dollars with loonies.
*1985 Gambling legislation transferred from the federal government to the provinces 1985 Provinces allowed to run lotteries and lottery schemes, including gambling on computers, video devices, slots, and phone betting for horse racing 1991 VLTs approved in eight provinces (not in Ontario and British Columbia) for establishments with liquor licenses.
*No gambling related activity can be taxed because it is not a constant source of income and did not come from employment, property or other viable source. Gambling is also not considered a business and most Canadians do not make a living on their winnings.
The term lottery scheme is a loose one, used to cover just about any form of wagering (lottery drawing, instant win games, casino games, poker, bingo, sports betting, etc.). The Criminal Code only defines a few specific terms for gambling, including “bet” and “game”:Section 197 (1) In this Part,MeaningBet means a bet that is placed on any contingency or event that is to take place in or out of Canada, and without restricting the generality of the foregoing, includes a bet that is placed on any contingency relating to a horse-race, fight, match or sporting event that is to take place in or out of Canada; (pari)A bet is a form of gambling that involves skill as a dominant factor, such as sports betting on athletic competitions and pari-mutuel horse racing.Game means a game of chance or mixed chance and skill; (jeu)A game is any form of gambling wherein chance is the sole or dominant factor. Slot machines are based entirely on chance, where as blackjack applies a combination of dominant chance and some skill.Regulated Gambling in Quebec, Canada
Canada permits each province to choose which types of gambling to authorize. They can pass on the regulatory job of ‘conducting and managing’ those ‘lottery schemes’ to a Crown corporation, like Loto-Quebec.
Provincial laws apply only to what games are legal, and the corporations they licence to manage them. For example, Quebec chose to regulate online gambling, launching Espacejeux.com in November of 2010. Loto-Quebec provides licenses to that website’s suppliers (digital games manufacturers, payment processors, etc.) If any of them violate the rules, they are subject to penalty according to Quebec’s laws.
Operating such a scheme without a licence, however, falls under the jurisdiction of the Criminal Code, not Quebec. And as we’ve already discussed, Canada hasn’t bothered. That’s likely because amendments to the Criminal Code would be required to successfully pursue such a case.More Reasons Online Gambling is Legal in Quebec
The most obvious reason online gambling is legal is (as mentioned above) the province runs its own iGaming website. Loto-Quebec provides its adults citizens with a wide range of internet gambling options – lotteries, casino games, skill games, poker games, bingo, and sports betting.
Anyone of legal age residing in Quebec (and not on the self-exclusion list) is more than welcome to participate in these games for real money. This alone tells us that online gambling is legal in Quebec.
As noted previously, Quebec has no authority to go after international gambling websites. Unless they’re physically located in Quebec, that’s a federal matter. Knowing that, the provincial government made an attempt to give itself that power last year.
A bill was passed in Quebec that was scripted to eliminate outside competition in the online gambling space. The bill told internet service providers (ISPs) to enforce an “IP block” against any iGaming operations the government added to its to-be-determined “blacklist” of “illegal gambling” operations.
Long story short, that bill never went into effect. Censorship of this nature falls under the jurisdiction of Canada’s federal telecommunications regulator, which wasted little time in kicking Quebec’s plan into the gutter.
Toss all this evidence into a big boiling pot, stir it up, and it’s quite clear that online gambling is legal in Quebec. It doesn’t matter if you do it at Espacejeux or a responsibly regulated offshore gambling website. Quebec can’t stop it, and Canada doesn’t even care to try.
Disclaimer: Please note that we are not lawyers, and are not qualified or attempting to offer legal advice. The following is our personal interpretation of current legislation. For precise clarification of the laws in Quebec and/or Canada, please contact an attorney or local authorities.#1 Canadian-Friendly Casino for 2021
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Canadians using gambling services spend over $11.3 billion dollars every year. Canada is home to several premier gambling software developers such as Cryptologic, yet the legality of gambling in Canada remains rather ambiguous. Customers looking to play online poker, slots, table games or bingo have no need to fear about being detained for illegal activity. However, it is still advised that every prospective gambler in Canada understand the legislature pertaining to online gambling as best they can before placing any form of wager.Criminal Code of Canada
Gambling of any sort was initially prohibited by the Canadian Criminal Code in 1892. It banned both profitable and charitable forms of gambling in all provinces of Canada. However, the gambling industry has greatly changed since then and so has the public’s perception of gambling. In 1969, the Canadian government took the first step towards relaxing the prohibition on gambling by exempting all forms of gambling done for charitable purposes only. The purpose of this exemption was to give provinces control over the creation of lotteries in order to fund social programs. The most significant use of this exemption was performed by the province of Quebec, who utilized provincial lotteries to fund the 1976 Montreal Summer Olympics.Gambling Crown CorporationsQuebec Gambling Laws 2020
Gambling crown corporations are designated entities established by the provincial government to regulate all gambling activity. The very first two were created in 1970 by the government of Quebec to regulate horse racing and lotteries. Other regions including Manitoba, Alberta, Saskatchewan and British Columbia quickly followed suit, creating their own corporations to supervise gambling. Now, every province has its own crown corporation that oversees all online gambling aspects including casino, poker and bingo wagering.Gambling Rules Based on Provinces
The popularity of province-regulated lotteries has allowed every Canadian province to regulate gambling activity within their own territory. The overreaching status of online gambling, according to the Canadian government, is that it is still illegal. However, the difficulties of determining jurisdiction rights in modern day online gambling, where Canadian gamblers can play at offshore gambling sites, have forced the Canadian government to give each province the right to determine the legality of specific gambling formats.Provinces Prohibiting Gambling
The 1985 amendment to the Canadian Criminal Code that allows certain forms of computerized gambling is the origin of online gambling legalization. The amendment gave each province the right to regulate slots games and other computerized forms of gambling. This also effectively gave the provinces the ability to regulate casino-style online games such as video poker, slots and table games.
Most Canadian provinces have taken advantage of the amendment by legalizing gambling activity on all casino-style gaming. This means that Canadian players are legally able to engage in slots, video poker, Blackjack and other common games found in established casino sites. However, residents of New Brunswick, Prince Edward Island, Newfoundland and Labrador will not be able to legally participate in common online casino-style gaming. These provinces have made it illegal under the Criminal Code of Canada.Video Lottery Terminals
The provinces of Ontario and British Columbia do allow gambling on certain casino-style games but still prohibit the use of video lottery terminals. The 1985 amendment regarding computerized gambling makes a distinction between ordinary slot machines and video lottery terminals.
Slot machines are classified as having individual random number generators. Comparatively, video lottery terminals are defined as machines linked to a central computer that uses a random number generator to produce results that are similar to a virtual bingo game. Each lottery terminal that is part of a central computer network receives a randomized set of numbers.
The central computer uses its random number generator to draw a specific number that is relayed to each terminal. The terminal checks if the number drawn by the center computer corresponds to any of the numbers in their randomized set. The terminal will then perform a specific action that may improve or reduce the chances of the gambler receiving a payout.Quebec Gambling Laws Definition
Ontario and British Columbia do allow gamblers to play online slot machines but prohibit the use of video lottery terminals. Most Canadian gamblers do not have to worry because slots games are much more common compared to video lottery terminal systems.Running a Gambling Service
The majority of Canadian provinces allow their residents to gamble at common casinos, sportsbooks and poker sites but do not allow their residents to actively operate a gambling service. The Canadian Criminal Code still makes it illegal to operate any form of common betting house – including an online gambling site. All provinces currently adhere to this prohibition.Is Gambling Legal In Quebec
However, this has not stopped the Khanawake reserve in Quebec from offering server space to online gambling sites. The Khanawake reserve has its own regulatory gaming commission that gives gambling sites the ability tap into the North American gambling population. The Khanawake reserve still falls under the jurisdiction of Quebec, where it is illegal to operate a gambling service. The reserve has yet to be charged by the provincial government and is a hub for many top gambling sites that cater to the North American market.
The legality of online gambling in Canada will likely remain ambiguous for decades to come. The ultimate bottom line for Canadian gamblers is that the legality of online gambling is regulated by each province. Most gamblers will be able to legally participate in online gambling but should check to make sure that the province in which they reside allows their preferred form of online gambling.
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