This article provides an overview of the requirements to register as a non-gaming related supplier with the Alcohol and Gaming Commission of Ontario (“AGCO”). If you are a non-gaming-related supplier in Ontario, it is important to understand and comply with this registration process in order to mitigate risk and avoid potential liabilities.

Do I need to register?

Under the Gaming Control Act (Ontario) a non-gaming-related supplier is an individual or entity that provides goods or services related to the construction, furnishing, repair, maintenance and/or business of a gaming site or related business but is not directly related to the playing of a lottery scheme or the operation of a gaming site.

Prospective non-gaming-related suppliers have to register as a supplier with the AGCO, unless they are exempt. A non-gaming-related supplier may be exempt from registration in three circumstances:

  1. if a non-gaming related supplier satisfies the Registrar of the AGCO (“Registrar”) that:
    • the value of the goods or services that it has or will be providing to gaming operators in the province in a 12-month period (starting April 1 and ending March 31 of the next year) is or will be less than $750,000; and
    • if providing goods or services to the Ontario Lottery and Gaming Corporation (“OLG”), OLG has carried out a due diligence investigation of the supplier to the satisfaction of the Registrar.
  2. if a non-gaming related supplier satisfies the Registrar that it is regulated by the Government of Ontario or Canada, or an agency of either, and such regulating body has carried out a due diligence investigation of the supplier to the satisfaction of the Registrar; or
  3. the Registrar is of the opinion that:
    • such goods or services are not integral to the operation of the lottery scheme or the other business, taking into account the applicable industry, nature and value of such goods or services; and
    • the supplier would meet the standards and requirements that would apply to the provision of such goods or services if it were registered.

Registration application process

If a non-gaming-related supplier does not meet the exemption criteria above, it must register with the AGCO through the iAGCO portal.

In its application, the applicant will have to select the duration of its registration – one or two years – and pay the required non-refundable registration fee. As of September 2024, the annual registration fee for non-gaming-related suppliers is $2,000. For more information on registration fees, please refer to the Gaming Registration Fee Schedule.

Each applicant must fulfill certain personal and entity disclosure requirements. Each of the following individuals associated with the applicant must fulfill the personal disclosure requirements:

  • a sole proprietor (in the case of an applicant who is a sole proprietorship);
  • a partner (in the case of an applicant that is a partnership);
  • an officer or director of an applicant corporation and/or any parent or holding corporations;
  • a shareholder holding 5% or more of any shares of an applicant corporation;
  • a trustee and beneficiary of any trusts that hold any shares or interest in an applicant and/or its parent or holding corporations; and
  • a principal employee of an applicant.

Each of the following entities associated with the applicant must fulfill the entity disclosure requirements:

  • the entity applying for registration as a non-gaming-related supplier;
  • a corporate shareholder (including any parent or holding corporation) holding 5% or more of any shares of an applicant corporation; and
  • an entity with an interest in the applicant (e.g., through a partnership, joint venture or association)

Note that non-gaming related suppliers are not required to have a local presence, address or personnel in Ontario.

For more information, please refer to the Personal and Entity Disclosure Requirements Guide on the AGCO website.

Consideration of the application by the AGCO

If, following its review, the Registrar grants the application, it will issue a certificate of registration to the applicant.

The Registrar will refuse to grant or renew an application if:

  • there are reasonable grounds to believe that the applicant will not be financially responsible in the conduct of the business;
  • there are reasonable grounds to believe that the applicant will not act in accordance with the law, or with integrity, honesty or in the public interest; and/or
  • the activities carried out by the applicant are, or will be, in contravention of the Gaming Control Act or its regulations, the standards and requirements established by the Registrar, and/or the terms of the registration.

If the Registrar refuses to grant or renew a registration, the Registrar shall serve notice of such proposed order, together with written reasons, on the applicant.

Once registered, what are the ongoing obligations?

Once granted, the Registrar may suspend or revoke a registration, at any time, based on any of the grounds stated above for the refusal of an application. Similarly, if the Registrar proposes to suspend or revoke a registration, it shall serve notice of such proposed order, together with written reasons, on the registrant.

All registered non-gaming related suppliers must display their certificate of registration (or a copy of it) at the business premises identified in the registration or ensure that it is kept in a place where the document is immediately available for inspection.

Registrants can only provide goods or services under the name registered and they are required to ensure that their employees have the registration required to perform their functions (through the personal disclosure section of the application). Registrants must inform the Registrar when a change occurs in their registration and modify their registration accordingly in their iAGCO account. If a registrant fails to comply with these obligations, the Registrar may impose monetary penalties.

It is important to note that, unless approved by the Registrar, the registration of a corporation or a partnership is deemed to expire immediately upon any change in the officers or directors of the corporation or any change in the membership of the partnership. To prevent such deemed expiry, each registrant must update the personal disclosure section of its registration prior to any change in its officers, directors and/or members, as applicable.

Similarly, it is the registrant’s responsibility to ensure its registration does not expire. If the non-gaming related supplier applies for a renewal of its registration and pays the required fee before expiry, the registration will be deemed to continue.

While the above information provides a brief overview of the AGCO’s registration processes for non-gaming-related suppliers in Ontario, it is important to remember that Ontario’s gaming laws are complex and rapidly evolving. For any inquiries or assistance in navigating through the intricacies of the Ontario gaming market, please reach out to the Gowling WLG Gaming Law Group.