These regulations were approved on October 19, 2021 and filed on October 22, 2021.
Analysis of Regulatory Impact:New Regulation under the AGCOA to continue iGO
The new regulation seeks to continue iGO under its new constituting statute, the AGCOA, as a subsidiary of the AGCO responsible for the conduct and management of igaming in Ontario. The OLG will continue to conduct and manage its own online gaming operations, OLG.ca. The regulation would not introduce new costs to businesses or consumers. igaming operators and gaming-related suppliers that are interested in participating in the open and competitive igaming market are required to be registered under the Gaming Control Act, 1992 (GCA) by the regulator, the AGCO. Separate from the registration process with the AGCO, operators will also be required to enter into a commercial agreement with iGO.
Consequential amendments to regulation under the FIPPA and the ARA
The proposed amendments to Regulation 460 under the FIPPA and Regulation 336/07 under the ARA are housekeeping amendments. They align with the government's priority of transparency to the public with respect to government agencies and will ensure iGO is subject to legislative requirements under those Acts.
New Regulation under the Alcohol and Gaming Commission of Ontario Act, 2019 (AGCOA) to continue iGaming Ontario
The AGCOA received Royal Assent on December 10, 2019. The AGCOA, once proclaimed into force, will replace Part I of the Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996 (ACGRPPA) to become a separate corporate statute for the Alcohol and Gaming Commission of Ontario (AGCO). As a result, Ontario Regulation 517/21 under the ACGRPPA will need to be revoked and replaced under the AGCOA.
The Ministry of the Attorney General (MAG) is proposing to revoke Ontario Regulation 517/21 under the ACGRPPA and establish a new regulation under the AGCOA to continue iGaming Ontario (iGO) and its operations under the new corporate statute. iGO is a subsidiary of the AGCO responsible for the conduct and management of igaming in the province.
The new regulation under the AGCOA addresses the following main elements for iGO:
1. Continuation of iGO;
2. Clarifies iGO's objects and duties;
3. Maintains the governance structure for iGO to clearly separate its conduct and manage function from the AGCO's regulatory function;
4. Defines which online lottery schemes the lottery subsidiary may conduct and manage; and
5. Directs oversight of and distributes igaming revenues in a manner similar to the OLG's revenue distribution model.
The Registrar's role as regulator will remain unaltered and kept separate from iGO's conduct and management function. The AGCO will continue to be responsible for regulatory oversight for all gaming activities in Ontario, including igaming operators and suppliers as well as over iGO.
Consequential amendments to regulations under the Freedom of Information and Protection of Privacy Act (FIPPA) and the Archives and Recordkeeping Act, 2006 (ARA)
The Ministry of Government and Consumer Services (MGCS) and MAG are proposing consequential amendments related to iGO. Regulation 460 under the FIPPA would be amended to designate iGO as an institution and designate its Executive Director as the head of the institution for the purposes of the FIPPA. Regulation 336/07 under the ARA would be amended to designate iGO as a public body for the purposes of the ARA. The proposed amendments will ensure iGO is subject to legislative requirements under the FIPPA and ARA.