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If you ask the average Canadian, they won’t actually know whether they are legally permitted to play poker online in their own country. The reason for it is not some unduly shady gambling laws in the country but confusing a confusing legal system in general.

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Fortunately, by diving to the bottom of this mess, the ever-confusing Canadian online poker world can be cleared up in a matter of minutes.

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The Big Question: Can I Play Online Poker in Canada?

Contents

Canadian Poker Laws, Rules and Regulations

Unlike its neighbour to the south, Canadian criminal law is enacted federally, and not at a regional level. This makes things all the easier when it comes to deciphering whether it is legal to play poker in Canada. Most people acknowledge that they aren’t sure whether they can gamble at poker sites in Canada legally. Many consider it a grey area – and that is because it is.

Officially, Canada doesn’t have a set of laws that legalises anything. However, they do have laws which prohibit something and make it illegal. Whilst there is no law which actively says that gambling and playing poker is legal, there isn’t one which makes playing poker online illegal. It is this loophole which many Canadian poker sites use to offer their services to players.

In theory, Canadian poker sites need only obtain a license which says that what they are offering is not illegal. A Canadian gambling license, in effect, doesn’t make their activities legal or approved, but it confirms that they aren’t illegal, and that, at the end of the day, is all that matters.

Canadian Poker Laws, Rules and Regulations

You should try and avoid looking at poker sites in Canada as a legal or illegal activity. Instead, it is far easier to define Canadian poker sites (and online gambling in Canada) as accepted, and there is a very good reason for that. Canada does have anti-gambling laws in place, but they pertain only to in-house activities.

It is illegal to offer gambling games in a venue, and any player visiting a venue must explain in a very clear and concise legal sense what they were doing at said venues. However, online poker rooms aren’t offering a brick and mortar venue for players. They can’t, therefore, be subject to the same law.

Canadian criminal law defines illegal gambling as:

A betting or gaming house
One which offers gambling facilities to its visitors
One which offers games, with games being defined as games of skill or games of chance
Bookmaking and pool selling operations (such as bookies)

At no point in Canadian criminal law are poker or online games listed as crimes, therefore they aren’t expressly illegal. In theory, then, if you frequent an online casino, you are not breaking any Canadian criminal laws, and are therefore not doing anything wrong.

Canadian Poker Licence Authorities

Those Canadian operators which do offer online poker rooms and sites to national players are usually licensed out of Kahnawake. This is an Indian territory inside Canada, and like many Indian territories in the USA, they have their own set of laws (to a certain degree).

Hang on a minute, though? Don’t the Canadian criminal laws quite clearly state the if you operate a book, or offer services related to “games” and betting, that you’re breaking the law? Well, in a manner, yes and no. Online poker sites licensed out of Kahnawake are technically breaking the law regarding books (although not really, because as we’ve said, Kahnawake considers itself independent of those laws), but also no because they don’t offer an establishment for gamblers to frequent.

More importantly, none of that is your concern. If poker rooms running which Kahnawake licensed were suddenly to become the target of a criminal investigation by Canadian authorities (which is very unlikely to happen due to the tension it would cause) none of that concerns you. You are not offering gambling services, and you’re not visiting an establishment, so you’re not breaking any laws. You are, in a sense, scot-free.

Tax Policy in Canada

Canadian authorities may not have determined the precise wording regarding the legal aspects of online gambling, but they do have specific taxation policies. The fact that Canada is divided into regions enables each player to adhere to their region’s provisions.

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Technically speaking, Canadian players are subject to taxes while playing online poker. Nevertheless, there are certain conditions. Namely, the taxation only applies to the players’ winnings, without taking into account their losses. Plus, the general condition which can subject players to thes

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