Standard Interpretation No. 19-001

Gaming Site Access and Minimum Age Requirements

Relevant Standard(s):
Definition 16: Gaming Site
Registrar’s Standard 3.1.2.b)
Application:
iGaming

Issue:

Which parts of an online gaming platform constitute a gaming site as defined in the Registrar’s Standards? For example, is the gaming site the part of the website that is accessed once a game is launched (e.g. by clicking on the game link), or, is the portion of the website that allows visitors to see the games being offered also part of the gaming site?

This interpretation has an impact on how age-verification is implemented when users access a gaming site as it relates to Standard 3.1.2.b.

Response:

It is not a regulatory requirement for Operators to verify the age of a user in order for them to view the various lottery schemes available for play. The regulatory requirement specifically states that users must meet minimum age requirements to access the ‘gaming site,’ which is defined as ‘the premises or electronic channel maintained for the purpose of playing or operating a lottery scheme.’

The intent of Registrar’s Standard 3.1.2.b) is to ensure that an individual’s age is verified before they are able to access areas of a website where they are able to play lottery and casino games offered through the iGaming channel. These areas are those provided once a game has been launched (e.g. by clicking on the game link).

This interpretation is specific to iGaming and is not intended to be applicable to other lines of business, such as land-based gaming, charitable gaming, or cGaming, which have separate and unique risks.

Relevant Standard Excerpt(s):

Definitions:

16. Gaming site means a premises or an electronic channel maintained for the purpose of playing or operating a lottery scheme.
23. Lottery scheme has the same meaning as in subsection 207(4) of the Criminal Code (Canada).

Registrar’s Standards:

3.1 Only eligible individuals are permitted access to a gaming site.

Requirements – At a minimum:

1. A policy on eligibility of access to the gaming site, play and payment of prizes shall be established, implemented and made public.
2. The following individuals shall not be permitted access to the gaming site:
   
   1. An individual under 19 years of age where the gaming site is a Casino, except in the course of employment;
   2. An individual under 19 years of age where the gaming site is an iGaming site, except where the individual is at least 18 years of age and is accessing the gaming site solely for the purpose of purchasing a lottery ticket, or in the course of employment;
   3. An individual under 18 years of age where the gaming site is a cGaming site, except in the course of employment;
   4. Individuals who appear to be intoxicated if the site is a physical premises;
   5. Every individual who advises the Operator or OLG that the individual is participating in a self- exclusion process established by OLG that applies to the site, unless the individual is accessing the gaming site in the course of their employment;
   6. An individual who is known by the Operator to have been restricted from accessing the gaming site or playing a lottery scheme as a condition of a court order;
   7. Individuals who the Operator or OLG have reason to believe have been excluded from the site under subsection 3.6(1) of the GCA

This interpretation is provided for informational purposes only and does not constitute legal advice. The interpretation relates to a specific set of circumstances and the standards, laws and regulations in force at the time the interpretation was issued; however, it is not an exhaustive or definitive interpretation of the standard(s) referenced herein.

The AGCO has established the Standards Interpretation Protocol, which acts as a single point of contact for inquiries from the gaming industry related to the interpretation of the Standards. For more information, please contact the AGCO’s Customer Service Department at 416 326-8700 (in the GTA) or 1 800 522-2876 (toll free in Ontario).