Why BC Gambling Can’t Be a Regulated Monopoly
Let’s talk about gambling at British Columbia online casinos. Right now, the British Columbia Lottery Corporation (BCLC) runs the show when it comes to legal online gambling through its PlayNow platform. This is the only government-approved option for placing your bets in the province, and British Columbia wants to keep it that way. The idea is one site, one regulator, all under government control.
But while that setup could work on paper, the reality is much messier. In today’s world, players access sites from all over the globe, and attempts to hold onto a gambling BC casino regulation monopoly are starting to look more like wishful thinking than a solid legal strategy.
We’ll explore why British Columbia’s approach to Canadian casinos may be on shaky ground, especially when you look at the Canadian Constitution, how things work in other provinces, and how digital technology throws a wrench in the whole monopoly idea. Let’s break it down.
The Constitutional Context
To understand why British Columbia can’t just claim full control over its gambling market, we need to peek into Canada’s rulebook, the Constitution Act of 1867 and the Criminal Code of Canada. Section 92(9) gives provinces the power to control and licence lotteries and other types of gambling in their territories.
At the same time, Section 91(27) gives the federal government the only power to make laws about crime, which includes stopping people from doing gambling activities without permission. Basically, provinces don’t get to run the gambling show entirely on their own.
The authority they have comes from federal permission granted through the Criminal Code rather than from complete provincial sovereignty. This means that while British Columbia can set some rules about gambling, it has to follow federal rules that restrict what it can do.
Online gambling muddies the waters even more. The internet doesn’t care about borders, which creates a legal grey zone. Offshore online casinos can be accessed with a few clicks, and they’re not easily shut down just because British Columbia says so.
Canada’s courts have encountered comparable situations before. The 2010 SCC 61 case, Reference re Assisted Human Reproduction Act, definitively examined the overlap between federal and provincial powers in regulating businesses that impact the public.
While it did not explicitly address the subject of gambling, it did state that provinces are bound by the authority of the federal government. The key issue is that it is not possible for British Columbia to enforce a monopoly on online gambling.
Why a Monopoly Model Faces Challenges in BC
Right now, BCLC’s PlayNow is the only legal online casino and sportsbook in the province. On paper, that sounds neat and tidy as a single, government-approved site where everything is regulated, safe, and above board. But in reality? It’s messier than it looks. Let’s see why:
Enforcement Challenges
Let’s be honest. Even if the province wants to block offshore casinos, it’s almost impossible to do. The internet is a wild place. Players use VPNs, foreign payment processors, and clever workarounds to keep playing at international online casinos that aren’t technically legal but are very much accessible.
Trying to monitor every single transaction or shut down every offshore website is the equivalent of trying to fix a sinking boat with tape. Even Quebec tried to force internet service providers to block access to unauthorized gambling sites. But the courts quickly shot that down, declaring it unconstitutional.
Players Want Options
British Columbia residents aren’t limited to one casino anymore. With other online casinos offering flashy bonuses, more games, and even crypto options, it’s no surprise people are exploring beyond PlayNow. When demand for variety is high, monopolies tend to crumble, and that’s exactly what’s happening.
Anti-Competitive
Since single-event sports betting became legal in 2021, the whole gambling market has opened up. The move encouraged provinces to modernize their approach. But British Columbia hasn’t really taken that next step. If anything, trying to keep PlayNow as the only legal option puts the province behind the curve.
There’s also a good chance that British Columbia’s monopoly model could be challenged under competition law. Forcing all online gamblers into one platform could be viewed as anti-competitive. A private company might even argue that it’s being unfairly shut out of a legitimate market.
Constitutional Challenge
Each province has the autonomy to establish its own regulations regarding gambling activities. But one can easily get around these limits using tools like VPNs and international payment options. And in today’s digital world, legal grey areas still exist. A tightly controlled local monopoly just doesn’t work anymore. So, the idea of having full provincial control feels more like a leaky bucket than a solid wall.
How Other Provinces Are Approaching Gambling Regulation
Provinces across Canada are taking different approaches to online gambling. To understand how British Columbia could do things differently, let’s take a look at how other provinces are handling their gambling regulations.
Ontario
Ontario is leading the way in modern online gambling in Canada. In April 2022, it opened up its market to private companies, letting them get licenses and compete with the government-run Ontario Lottery and Gaming Corporation (OLG) and its PlayOLG website.
This open regulation model has been praised for successfully moving people away from unregulated sites, increasing government revenue, and providing better player protection through strong oversight from the AGCO and iGO.
Alberta
Alberta is following Ontario’s lead. The province has recently passed legislation (Bill 48, the iGaming Alberta Act), paving the way for a regulated gambling market that will allow private operators to compete with the existing Play Alberta. This move, expected to go live by early 2026, shows Alberta’s recognition that a monopolistic model is ineffective in bagging the majority of online gambling activity and revenue.
Quebec
Quebec tried a different approach by passing a law (Bill 74) that would have forced internet providers to block access to international gambling websites. However, the Quebec Superior Court ruled the law was against the constitution. This shows that provinces can’t overrule federal powers, especially when it comes to internet and communication services.
Some other provinces still maintain monopolies. However, the experiences of Ontario and Alberta show a different direction. Quebec has also faced legal challenges over its monopoly. Altogether, these developments strongly suggest that the trend in Canada is moving away from government monopolies.
The Path Forward for BC
British Columbia currently uses a government-run model with just one official online gambling site. But this approach doesn’t match today’s legal and tech landscape. The province has no chance of controlling online gambling completely, and the idea of total exclusivity is pointless in a digital world without borders.
Instead of keeping a system that doesn’t work, it would be better for British Columbia to change to a model like Ontario’s. This would let companies enter the market legally under provincial rules, creating a system that protects players, boosts government revenue, and stays within clear legal limits.
There’s growing proof that regulated competition is the way to go. It has been shown to reduce the use of risky offshore sites, improve safety through proper oversight, and make gambling safer and more transparent.
British Columbia must now decide whether to adapt to the realities of modern gambling or remain locked in a model built for a pre-digital era. Will it either open the door like Ontario did, or will it keep chasing exclusivity in a world where that no longer works?
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