Ontario and Alberta are set to argue for cross border iGaming play in the Supreme Court hearing to be held on 7 October 2026. Both provincial governments will state their cases in the Supreme Court of Canada.
Cross Border iGaming Play
The cross border iGaming case centres around whether Ontario should be allowed to pool players of peer-to-peer games like online poker and daily fantasy sports with other jurisdictions.
Several parties have filed to present arguments in the court case. The hearing is scheduled for October 7th. Parties that are registered to speak at present include:
- The Attorney General of Ontario
- The Attorney General of Alberta
- The Canadian Gaming Association (CGA)
- Flutter Entertainment
- NSUS Group
The parties are hoping to see the Supreme Court uphold an Ontario Court of Appeal decision in November 2025 that it would be legal under the Criminal Code for Ontario to connect peer-to-peer iGaming play to jurisdictions outside of Canada by combining the jurisdictions' respective player pools into one larger pool.
How it Got Here
The original reference question was filled by Ontario in the provincial appeals court in 2024 and Ontario, the CGA, FanDuel, Flutter Entertainment, and NSUS the parent company for GGPoker were all part of this.
Ontario asked whether it can take its play across borders, expanding the potential of P2P games like online poker which are currently restricted to Ontario players competing against other Ontario players.
The Ontario Court of Appeal judges ruled 4-1 that it would be legal. They concluded that the Criminal Codes doesn't require all players to be physically located within the province as long as Ontario retains operational control over the gaming activity offered to Ontario players.
The Ontario side of the game would still be hosted and regulated by the province meaning it would still happen within the province.
There were appeals by government lottery corporations. These were from the Atlantic Lottery Corporation (ALC), British Columbia Lottery Corporation (BCLC), and Manitoba Liquor and Lotteries (MBLL).
Loto-Quebec has since joined the appeal arguing that the Criminal Code should not allow cross-border play because that would mean that gaming no longer takes place entirely within the province. They have said that it would involve Ontario conducting and managing gaming outside its borders.
Why This Matters to Alberta
Alberta opened its regulated online gambling market in July 2026 making it the second regulated province. Ontario launched its regulated iGaming market in April 2022.
If the Supreme Court upholds the Ontario court's decision, it would allow Ontario to communicate with other jurisdictions to discuss connecting P2P play.
The outcome is significant to Alberta and the decision could have repercussion on its own regulated iGaming market.
Ontario and Alberta Could Link Play
GGPoker, operated by NSUS, is licensed and regulated in Ontario and has also secured licensing in the new Alberta iGaming market. The ability to connect P2P games like online poker could see Ontario and Alberta connect their online poker play.
Official from Ontario and Alberta have said they would like to explore the idea of pooling their P2P gaming.
The iGaming Ontario (iGO) President and CEO Joseph Hillier has said that pooling play with Alberta's regulated iGaming market is very much a topic of conversation.
The Alberta iGaming Corporation (AiGC) CEO Dan Keene has said that the two provinces were already working on a memorandum to combine their player pools and they hoped to get it done as quickly as possible.
If this happens it could make online poker and DFS play more appealing to players in Alberta and Ontario. Games and tournaments could involve players from both provinces meaning more competition and bigger prize pools.
There are currently 80+ online casinos in Ontario and 25+ Alberta online casinos with 50+ operators having received AGLC licenses. Both markets are continuing to grow and cross border iGaming could help this.
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