- Ontario seeks to open online poker to foreign players, potentially including those in the US.
- The province’s court case aims to clarify legality of international play.
- Ontario could join US or EU poker liquidity pools if the court rules favorably.
- Decision from Ontario’s Court of Appeal is still pending.
Ontario has made no secret of its intent to reopen peer-to-peer games like online poker to international players, with a legal challenge that would allow it already pending before the province’s highest court.
Although the Ontario online poker market is currently ring-fenced and the player pool is limited to players within the province, it is also open to sharing liquidity with online poker in the US. According to Jeff Ifrah, a renowned igaming attorney, such a move is “100% possible.”
In a tweet posted earlier this month, Ifrah shared that Ontario has asked an appeals court for permission to open up its online poker tables to US and other foreign players, provided those players are based in jurisdictions where online poker is legal.
He attributed this statement to Doug Downey, the Attorney General of Ontario, who made the announcement during a recent session at the National Council of Legislators from Gaming States (NCLGS) summer meeting on July 10.
“Ontario has asked an appeals court for permission to open up online poker tables in Ontario to US and other foreign poker players where those players hail from legal jurisdictions,” Ifrah posted.
It is not clear whether this refers to a new court filing or the legal action already underway. In February 2024, the Attorney General of Ontario filed an application with the Court of Appeal seeking clarity on whether Ontario residents can legally participate in gaming activities that include players from outside the province, such as online poker.
A factum filed in October 2024 confirmed that the Attorney General is seeking guidance from the court on the legality of international pooled liquidity. Even operators like GGPoker and PokerStars have filed their own submissions in the case, arguing that the Criminal Code does not prohibit international play, as long as Ontario conducts and manages its players within Ontario jurisdiction.
A three-day hearing took place in November 2024, and the court’s decision is still pending.
Can Ontario Join the US Online Poker Player Pool?
If Ontario’s high court rules in favor of international play, and the Supreme Court of Canada upholds the decision, the province could reconnect to the international player pool. However, a key question remains: Would Ontario choose to join regulated European markets such as the UK or Germany, which already allow cross-border player sharing, or would it pursue access to the US shared liquidity network?
In the US, a framework known as the Multi-State Internet Gaming Agreement (MSIGA) allows member states to share online poker liquidity. Currently, the compact includes Delaware, Nevada, New Jersey, Michigan, West Virginia, and—most recently—Pennsylvania. This means nearly all states where online poker is legally operational are part of MSIGA, with the exception of Rhode Island and Connecticut, where online poker has not yet launched.
However, Ifrah, who was involved in drafting the MSIGA, told Poker Industry PRO in an exclusive, that Ontario is not specifically seeking to join MSIGA at this stage, but “it seems Ontario is more focused on creating liquidity pools with EU regulated markets.”
Still, he emphasized that if the court rules favorably, “all options will be on the table.”
Initially, many believed Ontario could only reconnect with international markets—as it did prior to the province launching its regulated igaming framework in April 2022—and that joining a US-specific poker compact such as MSIGA was not feasible since Ontario is not a US state.
However, Ifrah does not share that view. When asked whether Ontario can become an MSIGA member, he told PRO, “[MSIGA] did not originally envision including Ontario or any other province in Canada. However, there is nothing prohibiting Ontario from consideration.”
He added that opening Ontario’s poker market to regulated jurisdictions—including US states participating in MSIGA and possibly international markets like the UK and Germany—is “100% possible.”
Much depends on the ruling of the Court of Appeal, and at this point, it is unclear when a decision will be delivered. It could still take several more months. Furthermore, even after the Court of Appeal issues a decision, it is entirely possible that the ruling could be appealed to the Supreme Court of Canada, extending the timeline even further.
However, if the court does not rule in favor of international shared liquidity, Ontario could still look to share its player pool with the regulated Alberta online poker market, which is anticipated to launch in 2026.