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ARTICLE · 11 FEBRUARY 2019

Advertising Standards Canada Introduces New Advertising Dispute Procedure For Resolving Disputes Between Competitors

Effective February 11, 2019, Advertising Standards Canada will implement a new Advertising Dispute Procedure to govern complaints between competitors for alleged breaches of the Canadian Code of Advertising Standards.

CanadaMedia, Telecoms, IT, Entertainment

Effective February 11, 2019, Advertising Standards Canada (Ad Standards Canada) will implement a new Advertising Dispute Procedure (the Procedure) to govern complaints between competitors for alleged breaches of the Canadian Code of Advertising Standards (the Code). The new Procedure (formerly known as the Trade Disputes Procedure) is designed to further streamline the resolution process for advertising complaints between competitors. Key elements of the Procedure include:

  • New pre-conditions for accepting a complaint. Ad Standards Canada will not accept a complaint from an advertiser unless it is satisfied that: (i) the complainant has made a good faith attempt to resolve the dispute directly with the defendant advertiser; (ii) there are reasonable grounds to proceed with the alleged Code violation(s), and the advertising at issue has not been excluded from adjudication; and (iii) the complaint is accompanied by the applicable fee.

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