As the idea of federally regulating sports betting advertising returns to the Canadian Senate agenda for 2025, the prospect of a second province launching regulated commercial online gambling could bring the issue into sharper focus.

Much of last year’s debate on the issue focused on the effects that have been felt since Ontario began regulating iGaming in 2022, shortly after single-event sports betting was legalized in 2021.

Since Bill S-269, the National Framework on Advertising for Sports Betting Act, stalled after being approved in the Senate and sent to the House last fall, Alberta has passed online gambling enabling legislation. Meanwhile, industry lobbying efforts continue in other provinces, including British Columbia and Québec.

At a Senate hearing on Tuesday, the sponsor of Bill s-269 and its re-fired 2025 version, Bill S-211, reflected on what potential online gambling expansion in other provinces could mean for betting advertising.

Sen. Marty Deacon introduced S-211 bill for second reading by acknowledging she is “disappointed to be back here at square one.”

“The saturation of ads was an issue that should have been dealt with from the start,” she opined. “I don’t think it’s hyperbole to say that today in Canada, it is impossible to watch a sporting event without being encouraged to gamble.

“We have the benefit of foresight here. We know the problem we are rushing headlong into. Our current approach is reactive at best and permissive at worst.

“We let companies find creative ways to get around provincial regulations as they appear. As other provinces allow for their own private markets, which seems inevitable, Canadians will be presented with a patchwork of regulation that will only be as good as its weakest denominator. We must strike early and while the iron is hot, or hottish.”

Ads already crossing borders

Concerns around addiction and problem gambling, as well as exposure of advertising to minors, were a centrepiece of the Senate debate last year before Senators greenlit the bill.

So, too, was what has been referred to as advertising “bleed” across provincial borders. For now, Ontario remains the only province to have legally approved commercial online gambling, yet adverts for Ontario-licensed sportsbooks are still visible to viewers in other provinces. This is not unique to Canada, but it is an issue that repeatedly comes up in discussion.

“Why should arguably permissive advertising regulations in one province subject the rest of the country to these ads when their own provinces have decided that they can be harmful?” asked Deacon.

“We have the matter of the entire country being subject to the whims of advertising from just one province. Ads for these private companies that you see in Alberta, British Columbia or Newfoundland are technically illegal, as those who live there cannot legally bet with them .. As we have already seen, ads on the airwaves care little for provincial boundaries.”

Full ban an unrealistic ‘dream’

In essence, S-211 would create a national framework to restrict the use, number and scope of sports betting adverts across Canada. The Minister of Canadian Heritage would lead the process in consultation with a range of stakeholders, developing regulations, identifying and acting on measures to prevent harmful gambling and addiction and support those affected.

In addition, the Canadian broadcast regulator, the Canadian Radio-television and Telecommunications Commission (CRTC), would be required to review its regulations and policies to assess their effectiveness in preventing sports betting advertising-related harms.

Deacon noted that her “initial aspiration, approach and dream” was to ban gambling adverts entirely, something she acknowledged is unrealistic and “could lead to years of court battles.”

Instead, she offered examples of the type of measure that could be considered: a ban on gambling adverts from five minutes before the start of sporting events until five minutes after a game, or a prohibition on advertising until 9 p.m. “These are some of the basic pieces that would signify a start,” she suggested.

Would this harm media and sports teams?

Sen. Leo Housakas, who as chair of the Committee on Transport and Communications had a front seat to last year’s discussions, wondered aloud whether restrictions that were too heavy-handed would risk harming organizations like media platforms and sports leagues such as the Canadian Football League (CFL), which may depend on the advertising dollars.

“We’re not banning gambling and not banning the advertising,” Deacon responded. “When they’re looking at the numbers and the dent this is going to make in their revenue, this is not wiping out these organizations or influencing their bottom dollar as much as one might think.”

Tuesday’s meeting was adjourned after around 30 minutes of discussion. Deacon’s office told Canadian Gaming Business this week that Deacon hopes to get S-211 passed through the Senate “expeditiously.”