Are Poker Rooms Legal in Ontario?

According to the Law Society of Upper Canada, poker rooms are not currently legal in the province of Ontario. This is because they are considered to be gambling establishments and are therefore subject to the Criminal Code of Canada.

However, there have been some recent changes to the Code that could potentially make poker rooms legal in the future.

The changes to the Code that could allow for poker rooms to be legalised relate to the definition of a “common gaming house”. Previously, a common gaming house was defined as any premises at which gambling takes place.

PRO TIP:In Ontario, poker rooms are legal in limited circumstances. For a poker room to be operated legally in Ontario, it must meet certain requirements set out by the Alcohol and Gaming Commission of Ontario, such as having a host that is over 19 years old and ensuring that all players have their identity verified.

However, the new definition states that a common gaming house must also be “used for profit”. This change was made in response to a Supreme Court ruling that found that poker rooms could not be considered common gaming houses if they did not generate a profit for their owners.

While the new definition of a common gaming house would appear to make poker rooms legal in Ontario, there are still some hurdles that need to be overcome before this can become a reality. Firstly, the province would need to pass legislation specifically authorizing poker rooms.

Secondly, the Canadian government would need to amend the Criminal Code so that poker rooms are specifically included under the definition of a “common gaming house”.

At present, it seems unlikely that poker rooms will become legal in Ontario in the near future. However, if the province does pass legislation authorizing them and the federal government amends the Criminal Code, then it is possible that we could see poker rooms spring up across the province.