New Brunswick tables Bill 8 to give the province authority to regulate online live casino games

What the bill changes

Bill 8 adds a new power to section 7 of the Gaming Control Act, which lists what the Corporation may do. With the approval of the Lieutenant-Governor in Council, the Corporation could enter into an agreement with a body corporate incorporated under an agreement made under paragraph 7(d), "designating the body corporate as an agency of the government of the Province to operate in the Province an online casino lottery scheme, including a live casino lottery scheme". The bill does not name the body corporate.

Section 26, which sets out what regulations may cover, is widened in the same way. It would cover lottery schemes "conducted and managed by the Corporation and operated by any other agency of the government of the Province", and several existing powers that refer to schemes "conducted and managed" would also apply to schemes that are "operated".

A separate change concerns licence fees. A new paragraph in subsection 86(1) would allow regulations prescribing how a licence fee is calculated, "which may be based on the amount or value of prizes offered or awarded under the licence", along with a maximum fee and when and how it is paid. A new subsection 34(1.01) says an application does not have to be accompanied by the fee where a fee is payable for the licence.

The remaining amendments are wording changes to the French version of the Act.

What the government said

In a joint release from the Department of Justice and Public Safety and the Department of Finance and Treasury Board, the government described a live casino as "an interactive gaming platform that allows people to play a variety of online table games by web or through their phones", with games played "in real time with human dealers and other players".

"With a greater variety of online offerings, live casinos are growing in popularity," Public Safety Minister Robert Gauvin said. "Regulating these types of games will provide a safer alternative to unregulated offerings in the province."

Legacy said the updates "will ensure that new gaming options are developed responsibly and continue to meet the needs of players in a safe and regulated way."

The release did not say when regulations would be published or when live casino games would become available under the new framework.

Next steps

The bill has passed first reading only. It must go through second reading, committee and third reading before Royal Assent, and its provisions take effect on a day or days fixed by proclamation.

Elsewhere in Canada, provincial online casino markets are reporting results under their own frameworks, as in our report on Alberta's first iGaming market report. Ontario's regulator has also taken enforcement action against licensed operators, as in the PointsBet Canada suspension settlement.

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