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Things to know

  • Federal and provincial laws prohibit representations for the purpose of promoting a product or service that are false or misleading.
  • Advertising to children in the Province of Quebec is prohibited; children are defined as being under the age of 13.
  • Advertising to children elsewhere should comply with the Broadcast Code for Advertising to Children and the Canadian Code of Advertising Standards, as well as general false / misleading advertising laws.
  • Sweepstakes and Contests are often impacted by illegal lottery and advertising laws.
  • Complaints made under the Canadian Code of Advertising Standards are handled by an industry self-regulatory body, Advertising Standards Canada.

Things to do

  • Confirm that express or implied savings claims can be substantiated against the “ordinary” or “regular” price” based on time or volume tests set out in the Competition Act.
  • Obtain adequate and proper testing before making comparative claims.
  • Document that testimonials represent a customer’s honest belief based on experience with the product or service.
  • Ensure promotional contests are structured to avoid gaming offences in the Criminal Code and to comply with applicable contest disclosure, registration, duty and security rules.
  • Ensure advertising directed to children is not available in Quebec.
  • Ensure that header and sender information in your electronic messages, and the content of your messages, are not misleading.
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