On October 27, 2023, the province of Quebec made significant changes to its rules relating to publicity contests open to Quebec residents.
In this regard, it repealed the provisions of its provincial Act respecting lotteries, publicity contests, and amusement machines relating to publicity contests and repealed its former rules regarding publicity contests. See: Changes affecting the alcoholic beverages and promotional contests sectors come into effect on October 27, 2023.
The former legislation was amended by Bill 17 (Act to amend various provisions for the main purpose of reducing regulatory and administrative burden, L.Q. 2023, chapter 24, articles 78 to 94, 98 and 99).
The Explanatory Notes accompanying Bill 17 state that:
“… the bill abolishes all specific standards for publicity contests, including the standard imposing the payment of duties to the Régie des alcools, des courses et des jeux for the holding of such contests.”
As such, sponsors of contests open to Quebec residents no longer must formally file their contests with the Régie des alcools, des courses et des jeux (Régie) or pay duty (in the past, essentially a fee) to the Régie based on the value of contest prizes, file a winners report at the end of a contest or post security in Quebec, where which was formerly required in some cases.
Other requirements applying to publicity contests run in Quebec were also eliminated, including the necessity to include specific Quebec-related disclosure language in promotional contest rules and seek permission from the Régie for contest modifications after the launch of a contest.
Quebec’s previous legal requirements for promotional contests open to residents of Quebec meant that contest sponsors running contests in Canada needed to either exclude residents of Quebec (commonly with contest language that a contest was “open to Canadians, excluding Quebec”) or comply with a number of additional filing, duty (i.e., fee), disclosure and potentially bonding (i.e., security) requirements in Quebec.
As a result of these Quebec-specific contest requirements, in practice it meant that many contest sponsors excluded their contests from Quebec.
As a result of these Quebec contest related legislative changes, it is now significantly easier and cost effective for contest sponsors to run Canada-wide contests including those open to Quebec residents.
It is still prudent, however, for contest sponsors to confirm with Quebec counsel whether there may be any other Quebec-specific laws that apply to their contest or other promotion, such as French language laws.
For more information about Canadian contest laws, see: Contests, Contests and CASL, Contest Law FAQs, Contests and Social Media, Contest Law Tips and Influencer/Co-Sponsor Agreements.
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CONTEST RULES/PRECEDENTS
Do you need contest rules/precedents
for a Canadian contest?
We offer many types of Canadian contest/sweepstakes law precedents and forms (i.e., Canadian contest/sweepstakes law precedents to run common types of contests in Canada). These include legal precedents for random draw contests (i.e., where winners are chosen by random draw), skill contests (e.g., essay, photo or other types of contests where entrants submit content that is judged to enter the contest or for additional entries), trip contests and more.
Also available are individual Canadian contest/sweepstakes precedents, including short rules (“mini-rules”), long rules, winner releases and a Canadian contest law checklist.
For more information or to order see: Canadian Contest Law Forms/Precedents.
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SERVICES AND CONTACT
We are a Toronto competition and advertising law firm that helps clients in Toronto, Canada and the United States practically navigate Canada’s advertising and marketing laws and offers Canadian advertising/marketing law services in relation to print, online, new media, social media and e-mail marketing.
Our Canadian advertising/marketing law services include advice in relation to: anti-spam legislation (CASL); Competition Bureau complaints; the general misleading advertising provisions of the federal Competition Act; Internet, new media and social media advertising and marketing; promotional contests (sweepstakes); and sales and promotions. We also provide advice relating to specific types of advertising issues, including performance claims, testimonials, disclaimers, drip pricing, astroturfing and native advertising.
For more information about our services see: services
To contact us about a potential legal matter see: contact
For more information about our firm, visit our website: Competitionlawyer.ca
