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Online Gaming in Tobique First Nation

Authored by - Lazarus Legal (Last updated June 2024)

Overview

Open

Tobique First Nation Online Gaming Overview

Regulated
Tobique First Nation is a First Nation located in New Brunswick, Canada (similar to Kahnawake). Tobique First Nation has the right to self-governance under section 35 (1) of the Canada Constitution Act, 1982. Tobique First Nation is the first Maliseet Nation to create a regulatory body to oversee all forms of gaming from its territory, including land based and online gaming.

The formation of the Tobique Gaming Commission (“TGC”) is empowered to issue licences to gaming operators and appoint a third-party direct licensee who is entitled to recommend the issuance of licences on behalf of Tobique. This sole and only direct licensee is Differentia Licensing Advisory Group Limited (“DLAG”)

Tobique`s aim is to become the global online gaming licensing jurisdiction of choice with a common sense nonbureaucratic approach. Legislation and guidance have been created by industry experts from the gaming community.

This new licensing jurisdiction commenced its online gambling licensing process in late 2023, when the first licence was granted in March 2024. See the Tobique Gaming Commission website for further details.

Market Size
Already since its launch only 3 months ago, Tobique is or has processed a growing volume of applications already numbering in the 20’s, compared with Anjouan’s total since 2005 of just 19. Following Softswiss’s Tobique licence announcement in April 2024 and the publication of its Gaming Act and Regulatory Regime, there has been increased interest and applications made by the supplier community, including major software and payment providers.

As this is largely an outward facing remote gaming jurisdiction, the size of the market in Tobique is not relevant, where over time its expected to be a major hub for outward facing remote gaming.

Competitive Landscape
Not relevant as this is largely an outward facing remote gaming jurisdiction.

Localisation
Not relevant as this is largely an outward facing remote gaming jurisdiction.

Top Key Attractions and Challenges
Attractions

  • Full array of non-remote and remote gaming licences available, including B2B (voluntary), skill and social gaming
  • A high standard of regulation in line with white listed jurisdictions and aligned with payment and other supplier risk controls, making onboarding with them faster and with confidence in the jurisdiction itself
  • Efficient application process via an online portal with quick turnaround times
  • Low application and ongoing fees (no taxes)
  • No local presence requirements
  • A risk based approach to target jurisdictions with restrictions in line with FATF black list and sanctioning
  • Crypto currencies are accepted subject to suitable mitigation measures

Challenges

  • Newly launched jurisdiction, so too early to compare with others

Licensing & Regulation

Well-regulated / Unregulated (Open)

Tobique First Nation Online Gaming Licensing & Regulation

Licence Triggers
Apart from non-remote licences which currently are restricted to a single land based casino in Tobique, the jurisdiction is outward facing where licences are sought to operate from Tobique to target foreign markets. Therefore the trigger for licencing into Tobique is largely irrelevant.

Array / Type of Licence Needed
All the below are specific licences that...

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Enforcement

Light touch

Tobique First Nation Online Gaming Enforcement

Regulating Bodies
TGC is the regulator, where DLAG is appointed and licensed to carry out many of the monitoring activities on its behalf.

Supervision By Regulator
TGC has powers under the Gaming Act and Codes to inspect and sanction licensees.

The reporting requirements under the General Codes are:

Monthly reports shall cover any player complaints Quarterly reports shall...

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Marketing

Permissive

Tobique First Nation Online Gaming Marketing

Tobique is generally an outward facing remote gaming jurisdiction, therefore market requirements will largely be dependent of the laws and regulations in place in the target jurisdictions.

Under the General Codes of Practice there are basic marketing provisions, namely:

licensees must specifically ensure that advertisements are not:

Indecent, pornographic or offensive False, deceptive or misleading Intended to appeal specifically to...

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Fees

Low

Tobique First Nation Online Gaming Fees

Application Fees
EURO 18,000 in total, where a non-refundable EURO 3,500 must be paid on application and the balance at time of grant along with the first-year licence fee.

Unsuccessful applicants will therefore incur fees of EURO 3,500.

Ongoing Fees
Annual licence fees of EURO 18,000 this covers all verticals (ie, social gaming, skill gaming, wagering, betting, betting...

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Taxes

Low

Tobique First Nation Online Gaming Taxes

Licence Taxes
There are no gaming taxes, only licence fees are applicable.

Sales Taxes
Not relevant.

Corporate Taxes
Not relevant.

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Future Outlook

Positive

Tobique First Nation Online Gaming Future Outlook

Tobique is a newly launched jurisdiction with its first licence granted in April 2024. Its aim is to achieve a balance between a comprehensive and rigorous regulatory regime that takes on board best elements of white listed highly reputable jurisdictions like Great Britain, Gibraltar, IOM and Malta whilst at the same time making it commercially attractive, pragmatic and flexible to...

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Legal Expert

Lazarus Legal

Office locations Tobique

Lazarus are a diverse group of individuals made up of legal experts and commercial advisors with varied backgrounds and stories to tell. They strive on providing one-to-one service so that you feel like we’re working with you, and not for you.

They set out to create lasting relationships and will get as involved as you want them to be. Whether it’s a quick chat to pick our legal brains to figure out your next big step, or whether you want us to be part of your entourage and be immersed in what drives you, they’ll be there for you. It’s your choice when it comes to the level of service you need, and you can trust their legal experts to deliver it.

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Contact Tobique First Nation - Lazarus Legal

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