Online Casino Licence from Kahnawake
The Kahnawake Gaming Commission (KGC) licenses and regulates the interactive gaming industry. It is located in the Kahnawake Mohawk Territory in Quebec (Canada) and is subordinate to The Mohawk Council of Kahnawá. The KGC is guided by the Kahnawake Gaming Law, effective 06/10/1996, and the Concerning Interactive Gaming Regulations, 07/08/1999, as amended on 13/05/2020.
The KGC issues six types of licences and permits for gambling activities:
- Interactive Gaming Licence (IGL) - issued to hosting centres, however, since 1999, the only holder is Mohawk Internet Technologies.
- Client Provider Authorisation (CPA) - grants the right to organise sites with gambling entertainment on the basis that their sites are hosted in Kahnawake.
- Inter-Jurisdictional Authorisation (IJA) - Allows licensees from other regulators to provide gambling services with Kahnawake hosting.
- Key Person Licence (KPL) - grants the right to Executives or Official Representatives of the company that holds an authorised client provider (CPA) licence to perform Management or Operational Activities.
- Casino Software Provider Authorisation (CSPA) - Issued to software providers. Allows them to certify software for online gambling establishments and provide it to licensees. Does not allow direct contact with customers.
- Live Dealer Studio Authorisation - issued to operators of gambling games taking place in real time.
Any type of games with a mixed chance of winning is considered gambling including those in which the player must show special skills and abilities.
- card games
- roulette and its varieties
- slot machines
- horse racing bets
- bets on dog races or other animal races
Licences for interactive gambling entertainment are issued for a period of 5 years. An annual user fee must also be paid.
The Mohawks of Kahnawake are an independent and sovereign people who belong to the Confederation of Six Nations and are governed by its Constitution. The Kahnawake Gambling Commission has full and exclusive right to regulate and control gambling organised in the Mohawk territory. The Online Gambling Authorisation allows operators to provide gambling services using the licensed Kahnawake hosting center.
Inter-Jurisdictional Authorisation (IJA) allows companies with licences issued by other regulatory authorities to obtain permission to conduct gambling business. The authority to regulate the activities of the IJA licensees remains with the regulator of the original jurisdiction.
Kahnawake Commission licence holders can offer the types of gambling that are permitted by local authorities and competent regulatory authorities globally.
CPA service providers must provide an appropriate environment for receiving and resolving complaints or disputes. Registration of a case includes the users data, a detailed statement of the essence of the problem and the steps taken to solve it.
The player has the right to contact the KGC within 7 days from the date of registration of the complaint by the licensee, but no later than 6 months from the date of the dispute.
The KGC will investigate the incident, requesting additional information from the CPA authorisation holder where necessary. After investigating the complaint, the KGC:
- rejects it as unfounded
- will satisfy in whole or in part
- oblige the Kahnawake licence holder to take steps the KGC deems necessary to resolve the complaint
- instruct the licensee to reimburse the costs incurred by the KGC when considering the appeal
- issue other directions or take steps as it deems appropriate in the circumstances
Except for cases when a complaint is filed against the owner of the CPA licence, the KGC does not record, process or resolve the requests of users playing on the sites of IJA licence holders. User claims for the software provided by a CSPA licence holder are also not considered.
How to get a Kahnawake License
The KGC´s rules provide for the appointment of one or more agents to perform one of the following functions on behalf of the KGC:
- checking the compliance of the applicant's data with the criteria and norms established by the KGC
- testing, auditing and checking the applicant's control system for the sufficiency of the level of technical competence
- assistance in collecting information on gaming operations licensed by KGC
The list of approved agents of the KGC is presented on the regulator's website.
|LICENCE||THE STATEMENT INCLUDES|
|Client Provider Authorisation|
|Inter-Jurisdictional Authorisation|| |
|Casino Software Provider Authorisation|| |
|Live Dealer Studio Authorisation|| |
|Key Permit Licence|| |
The consideration of applications by the KGC takes 4-8 weeks. If an application is rejected then the KGC will provide the applicant with a written justification of the reason.
Taxes and Licence Fees
There is no separate tax regime for licensees. Licensees are required to pay an annual license fee.
|LICENCE||APPLICATION PROCESSING COST (in USD)|
|Client Provider Authorisation||40,000|
|Casino Software Provider Authorisation||40,000|
|Live Dealer Studio Authorisation||30,000|
|Key Permit Person||5,000|
For each service provider, the licensee pays an additional annual fee of 3,000 USD.
The KGC was organised on the 10th of June 1996 under the provisions of the Kahnawake Gambling Act (MCR No. 26 / 1996-97). Licensing and regulation of online casinos began with the adoption of the Rules for Interactive Games by the Commission.
Cash prizes are credited to the player's account immediately. Payment of winnings is withheld by the Kahnawake licensee if there are suspicions that the user has performed illegal actions with the authorised game. In such a case, the licence holder will notify the KGC and the player in writing of the reasons for the retention.
The Kahnawake Commission is obliged to investigate and make an appropriate decision. The result could be a full withdrawal, payment of winnings or partial compensation of the player's expenses.
In 2007 the Supreme Court of Quebec made the decision to recognise the competence of the KGC.