Canada) LLP CANADA
DLA Piper (Canada) LLP CANADA Canada Bill Hearn, Chris Bennett and Dave Spratley DLA Piper (Canada) LLP Legislation and regulation for its members. The CMA Code is enforced through the process described in question 3. 1 What are the principal statutes regulating advertising With respect to the handling of concurrent jurisdiction, there are generally? a couple of general rules. First, as in the case of ASC, a self-regulatory The principal federal statute regulating advertising in Canada is the body will generally not get involved in a complaint when the complaint Competition Act, which is a law of general application and applies to both is already before the Commissioner, the Tribunal or the Courts. And sec- business and consumer advertising. It includes both civil and criminal pro- ond, as between government regulatory bodies, in the case of a complaint visions prohibiting representations to the public promoting the supply or where both a federal body and a provincial or territorial body have appro- use of a good or service or any business interest that are false or misleading priate constitutional and jurisdictional authority, there is no impediment in a material respect. to both dealing with it (although in practice this is rare); and in the case Generally speaking, the 10 Canadian provinces and three Canadian of two bodies within one level of government, there is often a memoran- territories regulate advertising to consumers (but not to businesses) dum of understanding (MOU) that helps determine which body will take through their respective consumer protection statutes that include pro- charge. In March 2015, the Bureau announced an MOU with Ontario’s visions relating to unfair practices (ie, deceptive or unconscionable Ministry of Government and Consumer Service to notify each other about representations that include false advertising).
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