Bill S-269, a measure designed to restrict sports betting advertising nationwide is currently in the Senate.
As of the most recent meeting on Wednesday, the Canadian Senate Transport Communications Committee has discussed the bill as part of the “consideration in committee” phase on six separate occasions in 2024.
The first gathering of this nature took place on Jun. 4 – some 26 days after the completion of the second reading (May 9).
While these steps are all indicators of progress, the reality is Canadians shouldn’t expect to see Bill S-269 become law anytime soon.
After all, the consideration phase is just the third of five necessary steps on the Senate side. And should the proposal pass the gauntlet, it still has to clear another five checkpoints in the House of Commons.
With that in mind, what does a potential pathway to ratification actually look like? In short, it’s like driving on a road with only yellow and red traffic lights.
Bill S-269’s window is closing with impending federal election
Working up the ladder of bureaucracy is challenging enough, but attempting to do so with a federal election looming is a different animal.
If the next election remains on course for October 2025, that means about 12 months are remaining from the time of the latest committee meeting.
Factor in next year’s summer break, and the timeline becomes even more compressed.
All things considered, getting Bill S-269 passed before the current Parliament dissolves remains overwhelmingly unlikely.
Note, that when an election is called and parliament is dissolved, any legislation in progress dies.
Ontario Senator Marty Deacon, who introduced the bill in June 2023, told CBC this past June that she believes that in order for the current Parliament to pass the bill it must reach the House by Christmas.
Despite the uphill battle, Deacon also said there’s “general support” for the legislation.
Alberta market to launch well before bill may come into effect
In all likelihood, Alberta’s open, regulated online gambling market won’t arrive as soon as November 2024. Such an estimate was, let’s say, ambitious in the first place.
Even so, without a firm launch date, the expectation is that the newest North American iGaming jurisdiction will open sooner rather than later.
As such, there is a very good chance that the Alberta market opens before S-269 gets anywhere near ratification. It’s still possible Alberta’s online wagering sector will launch before S-269 even reaches the House.
However, that isn’t necessarily cause for concern.
Alberta has the advantage of studying what worked and what didn’t in Ontario (i.e. advertising regulations). This is particularly important considering Alberta is supposedly basing its iGaming framework around that of Ontario’s.
And basing isn’t the same as copying.
In fact, PlayCanada recommended that Alberta control sports betting and casino advertising from the outset.
PlayCanada’s recommendation: Follow Ontario’s lead here and do not allow operators to advertise bonus offers or use misleading language such as “risk free” or “free bet.” Also, don’t allow operators to use celebrities to promote gambling sites unless those celebrities are providing responsible gambling messaging. Heavy fines should be issued to operators that break these rules.
Should Bill S-269 die, its essence may help on provincial level
Although S-269 aims to establish a national framework for regulating iGaming advertising, there still may be a place for it at the provincial level.
In Ontario, we already saw the Alcohol and Gaming Commission of Ontario ban the use of celebrities in operator ads – unless those celebrities are used for responsible gambling messaging such as Oilers’ star Connor McDavid.
S-269, which would restrict advertising in “number, scope or location,” may have standalone value as a defacto guideline for provincial gambling authorities.
Take Alberta, for instance. Lawmakers are still in the process of building an iGaming framework, so why not consult S-269?
Perhaps they already have.
The point is that S-269 doesn’t necessarily have to pass to satisfy its intended purpose.
Whether it survives the election or not, it’s plausible that S-269’s greatest impact will ultimately come at the provincial level.