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ARTICLE · 31 MARCH 2009

Bigger Penalties And Tighter Rules - How Changes To Competition Act Will Affect Canadian Advertisers And Marketers

McMillan LLP
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The Federal Government has proposed sweeping amendments to the Competition Act (the "Act") in its 2009 Budget Implementation Act.

CanadaMedia, Telecoms, IT, Entertainment
McMillan LLP
McMillan LLP
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The Federal Government has proposed sweeping amendments to the Competition Act (the "Act") in its 2009 Budget Implementation Act. The amendments change the misleading advertising and marketing provisions of the Act (the "Marketing Provisions") in at least two ways. First, the amendments significantly increase the consequences for businesses, that violate the Marketing Provisions. And second, the amendments codify certain case law and expand the reach of the Marketing Provisions to remedy a case where the government has been unable to prove a violation of the Marketing Provisions in the past. As a result, businesses will have to ensure that their advertising does not violate the Marketing Provisions in situations where, prior to the amendments, the Marketing Provisions would not have been applicable.

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