Bill S-269, the legislation that would establish a national framework for regulation of sports betting advertising, faces an uphill struggle to be heard in the House of Commons.

The National Framework on Advertising for Sports Betting Act was advanced by the Senate earlier in November after hours of committee debate and several readings.

However, the timeline for the bill getting its first reading in the House is uncertain, to say the least.

The chamber is locked in an impasse with the Liberals and the Conservatives at loggerheads over access to unredacted documents concerning a now-shuttered green technology funding agency. In late September, Speaker Greg Fergus allowed Pierre Poilievre’s Conservatives to introduce a motion related to the withheld documents, and Fergus subsequently determined that the matter constituted a “prima facie” breach of privilege that must be the House’s top priority for resolution as it undermines Parliament proceedings.

There has been little headway on resolving that issue as the Conservatives seem willing to wait it out in a bid to get the Liberals to provide the unredacted documents for review. Although the Liberals are in power, they do not have a majority in the House.

The House adjourns for Christmas break on Dec. 17 and there seems a real possibility that Bill S-269 will not be heard before then. Even if it does get a reading, it has to go through similar process in the House as it did in the Senate, comprising a first reading and debate, committee hearings, and final approval before it could eb send for Royal Assent. Any changes made to the bill by the House would need to go back to the Senate for approval.

Adding to the uncertainty is that there will be a federal Canadian election in October 2025, if not before. Currently, Poilievre’s Conservatives are hold a significant lead in the polls, suggesting that a change of governance may be on the horizon.

Bill S-269 would introduce federal betting ads oversight

The bill, introduced by Sen. Marty Deacon, would require the Minister of Canadian Heritage to develop a national framework for regulating sports betting advertising across the country.

That would include identifying measures to regulate betting ads, such as restricting their number, scope and location, identifying measures to promote research and information-sharing related to the effects of advertising on minors and setting out national standards for the prevention and diagnosis of harmful gambling and related support measures.

Currently, Canadian provinces regulate gambling within their borders. Outside Ontario, the government-run provincial lottery corporation’s offerings are the only regulated offering in that province.

Advocates for a framework have included politicians from Canada and abroad, mental health and youth support charities and other organizations. The main arguments have related to protecting minors and vulnerable gamblers from advertising, as well as curbing the spread of marketing for Ontario-regulated gambling operators into other provinces, where the crown lottery corporations provide the only source of regulated gambling.

Critics of the bill have included the Canadian Gaming Association, some gambling operators, broadcasting regulators and major sports leagues including the NFL and NHL. The CGA and broadcasters have pointed out that ad spend by operators has already decreased, and a chief concern is that federal oversight could muddy the waters.

Ontario’s gambling authorities already regulate betting ads to a certain extent, including prohibiting the use of celebrities or imagery that could appeal to children.