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ARTICLE · 20 OCTOBER 2023

Market Intelligence Thought Leadership Award Winner

Advertising & Marketing 2023 – Canada

Miller Thomson
Miller Thomson
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Miller Thomson

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Advertising is regulated at both the federal and provincial/territorial level in Canada. The Competition Act governs false or misleading advertising...

CanadaMedia, Telecoms, IT, Entertainment
Jaclyne Reive
Jaclyne Reive
Catherine Dennis Brooks
Catherine Dennis Brooks
Alexandre Ajami
Alexandre Ajami
Alissa Ricioppo
Alissa Ricioppo
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1. Legal Framework and Regulatory Bodies

1.1 Primary Laws and Regulation

Advertising is regulated at both the federal and provincial/territorial level in Canada.

Federal Laws

The Competition Act governs false or misleading advertising and sets out prohibitions relating to various types of representations, including price claims, unsubstantiated performance claims, testimonials, misleading warranties and guarantees, bait-and-switch tactics and promotional contests.

The Criminal Code prohibits Illegal lotteries and affects how promotional contests and sweepstakes may operate.

Intellectual property laws (copyright and trademark) also apply.

There are sector- and product-specific laws governing advertising for products, including alcohol, cannabis, tobacco, food, natural health products, cosmetics and advertising directed at children.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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