Advertising Standards Canada ("Ad Standards"), the
national self-regulatory body that administers
the Canadian Code of Advertising Standards (the
"Code"), recently launched its new process
for handling competitive complaints. The new Advertising Dispute
Procedure (the "Dispute Procedure") came into effect on
February 11, 2019.
Previously referred to as the "Trade Dispute
Procedure", the Dispute Procedure is a confidential, fee-based
resolution process for advertisers. Based on provisions of the
Code, which set the criteria for acceptable advertising in Canada,
Ad Standards' Dispute Procedure provides a streamlined method
for resolving disputes between industry competitors outside the
judicial system. Complaints sustained through the Dispute Procedure
may result in the requirement to amend or withdraw advertising
found to be in contravention of the Code. Failure by defendant
advertisers to fully comply with a decision reached in pursuant to
the Dispute Procedure will