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Category Archives: Anti-spam Law
COVID-19 (Corona Virus): Canadian Competition and Advertising Law Developments
The global spread of COVID-19 has had significant impacts in most major areas of law, including Canadian competition and advertising law. Both federal and provincial governments in Canada have been introducing unprecedented new legislation and orders relating to key aspects of competition and advertising law, … Read the rest of this entry »
What is Required to Legally Run a Contest/Sweepstakes in Canada?
The main elements to legally run a contest/sweepstakes in Canada are as follows: Short Rules: “Short rules” (sometimes also called “mini-rules”) include the basic statutory disclosures required by section 74.06 of the Competition Act and other material terms that should be brought to the attention of … Read the rest of this entry »
Are Contests Legal In Quebec? Why Do Many Canadian Contests Exclude Quebec?
One of the most common Canadian contest law questions I receive is whether contests are legal in Quebec and why so many contests exclude Quebec. The short answer is that contests are not illegal in Quebec, though there are several additional requirements that must be … Read the rest of this entry »
Canadian Contest/Sweepstakes Laws: What Types of Contests Are Commonly Run in Canada?
In general, two types of contests/sweepstakes are commonly run in Canada: 1. “Skill contests” (sometimes also called “consumer generated content contests”) where entrants/contestants are required to submit something that requires some level of skill, such as an essay, video or photograph to enter and win … Read the rest of this entry »
What Laws Apply to Canadian Contests/Sweepstakes?
The following are some key legal tips for operating a successful and legal contest in Canada: CRIMINAL CODE Avoid the illegal lottery offences of the Criminal Code (e.g., include a bona fide “no purchase necessary” entry option and skill element, such as a time-limited, multiple-step mathematical question for potential … Read the rest of this entry »
Can a Contest Sponsor Require Entrants to Purchase a Product to Enter a Canadian Contest/Sweepstakes?
Most Canadian contest sponsors choose to include a bona fide “no purchase required” entry option for contests run in Canada. This is because the illegal lottery offences of the Criminal Code (Code), which are generally punishable by imprisonment for up to two years, prohibit games of … Read the rest of this entry »
What Is Required For Express Consent Under CASL (Canadian Anti-Spam Law)?
CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS Do you need a precedent or checklist to comply with CASL (Canadian anti-spam law)? We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL. These include checklists and precedents for express consent requests (including … Read the rest of this entry »
Why Are Skill-testing Questions Required For Canadian Contests/Sweepstakes?
Skill-testing questions are usually, but not always, required to operate a contest in Canada. They are commonly required and administered to potential winners before being declared a winner to avoid the illegal lottery offences under the Canadian federal Criminal Code (Code). In general, the Code prohibits games of … Read the rest of this entry »
