The Convoluted Legality of Online Gambling in Nova Scotia

Demystifying the online gambling laws in Nova Scotia, Canada.

Nova Scotia is the second smallest of Canada’s provinces; one of three maritime provinces, and one of four that make up the Atlantic Canada region. But like the rest of the nation, an abundance of its adult citizens enjoy gambling entertainment over the internet. Whether it’s legal to partake in such activities – that’s another matter altogether.

It’s perfectly legal to gamble online in Nova Scotia, so long as you meet or exceed the required age limit of 19. Being one of the Atlantic provinces, residents have access to ALC.ca, an internet gaming websites run by the Atlantic Lottery Corp. But there’s a very modest number of activities available.

The ALC currently presents eligible players with online lottery sales (scheduled draw and instant win), instant bingo and PROLINE sports betting. Eligible players include those physically located within New Brunswick, Newfoundland and Labrador, Nova Scotia or Prince Edward Island.

The bad news is that online casino games, poker games and full-fledged sports betting is off the menu. The good news, however, is that we know one thing for certain. Online gambling is legal in Nova Scotia.

We also know that the province hosts Casino Nova Scotia, a land-based gambling establishment that presents slot machines, table games and poker. So those forms of gambling are also legal in Nova Scotia.

The next question is whether gambling at offshore, internationally regulated casinos is legal. Or perhaps more importantly, are they illegal? History tells us that something that is not illegal is not generally be prosecutable in court. Not successfully, anyway.

So for this answer, we must turn to the literature of provincial and federal gaming legislation.

Online Gambling Laws in Nova Scotia

Nova Scotia’s Alcohol, Gaming, Fuel and Tobacco Division of Service is in charge of regulating all gambling related activities under Part II of the Gaming Control Act.

The Gaming segment of the AGFTD website clarifies much of its rules and responsibilities. It also denotes the fact that the Criminal Code of Canada governs the majority of their regulations.

Gambling & the Criminal Code of Canada

All relevant information is found in the Criminal Code, Part VII, Disorderly Houses, Gaming and Betting. This section defines gaming and betting, and how provinces are able to regulate such activities. I’ve provided the pertinent areas of this legislation, and a brief meaning, below.

What Does It All Mean?

There’s some very important information to be discerned from these laws. Some of it is implied; some stated outright. I’m not a licensed attorney, nor am I trying to give accredited legal advice. But it’s worthy noting that several gaming law specialists in Canada have arrived at the same conclusion.

• Only gambling activities that aren’t authorized are illegal. Nova Scotia authorizes most forms of gambling in one way or another (online and/or on land). These include lottery, casino, poker, bingo and some forms of sports betting. Therefore they are permissible.
• An online casino that is located offshore (with no physical presence in Canada) is not under the jurisdiction of Nova Scotia, nor Canada. If under proper regulation – even if that regulation occurs at an offshore location, such as Gibraltar, Isle of Man, Malta or UK – and conducting gambling games that are legal in Nova Scotia, the ambiguous nature of the law does nothing to prohibit these operators from accepting Canadian players.

Disclaimer: Please note that we are not lawyers, and are not qualified or attempting to offer legal advice. The following is our personal interpretation of current legislation. For precise clarification of the laws in Nova Scotia and/or Canada, please contact an attorney or local authorities.