Bill S-269, officially titled the National Framework on Advertising for Sports Betting Act, was introduced in the Canadian Senate on June 20, 2023, by Senator Marty Deacon. The Bill aims to (you guessed it) establish a national framework to regulate sports betting advertising across Canada.
Overview
Bill S-269 has the potential to be a key piece of legislation in the Canadian iGaming world, as frustration with the number of sports betting ads has grown over the past years. To this end, the Bill has three main objectives:
Regulation of Advertising: The Bill seeks to identify measures to regulate sports betting advertisements, potentially limiting the number, scope, or location of such ads, and considering limitations or bans on the participation of celebrities and athletes in promoting sports betting (as is already the case in Ontario).
Research and Information Sharing: Bill S-269 emphasizes promoting research and intergovernmental information-sharing related to the prevention and diagnosis of gambling-related harms, particularly among minors and vulnerable populations.
National Standards: The Bill proposes setting national standards for the prevention and diagnosis of gambling addiction and support measures for affected individuals.
To develop this framework, the Minister of Canadian Heritage will spend time consulting with federal ministers, including those responsible for industry, justice, health, employment, mental health and addictions, and Indigenous services. Additional consultations will be done with Provincial and territorial government representatives, especially those overseeing consumer affairs, health, and mental health services, as well as stakeholders like service providers, medical and research communities, advertising and gambling industry representatives, Indigenous communities, provincial gaming regulators, and organizations associated with sports and ethics.
Within one year of the Act coming into force, the Minister must prepare and table a report in Parliament outlining the national framework and a strategy for its implementation. Within five years, a subsequent report is required to evaluate the effectiveness of the implemented measures and provide the rationale for any measures not yet enacted. The Canadian Radio-television and Telecommunications Commission (CRTC) would also be tasked with reviewing its regulations and policies to assess their adequacy in reducing harms from sports betting advertising, with a report due to the Minister within one year of the Act’s royal assent.
Legislative Process
Speaking of royal assent, I’m sure the burning question on everyone’s mind is the same as mine: what needs to happen for this Bill to pass?
As of November 5, 2024, Bill S-269 has passed the third reading in the Senate and is awaiting consideration in the House of Commons. But, with less than a year left in the current Parliament before a potential October 2025 election, time is tight for Bill S-269 to pass. The summer break in 2025 will further limit legislative time, and if Parliament dissolves for an election, any unfinished legislation is dissolved with it. While the Bill did end up passing through the Senate before Christmas, as Senator Deacon argued it had to have a realistic chance of passing in this session, with less than a month before the House breaks for the holidays, we are unlikely to see significant movement on the Bill before the end of the year.
The Bill has gained general support among Canada’s political parties, with the NDP’s Brian Masse emphasizing that MPs across party lines understand the issues around online gambling advertising. This shared awareness could expedite engagement once the House begins its first reading in 2025. The governing Liberals are also receptive, noting concerns about the mental health and financial impacts that gambling ads could have on the public. The Minister of Canadian Heritage, Pascale St-Onge, compared the proposed regulations to those for tobacco and alcohol advertising. The Bloc Québécois have yet to commit either way, claiming they plan to review the Bill when it arrives, while the Green Party is still discussing it internally.
The Bill reflects growing concerns over the proliferation of sports betting advertisements in Canada and aims to create a standardized, national approach to mitigate potential harms associated with gambling. We’ll be paying close attention to how the Bill progresses through the House in 2025, so be sure to check in for future updates!
