Category Archives: Sectors – Retail

Competition Bureau Increases Enforcement For COVID-19 Marketing Claims

On May 6, 2020, Canada’s Competition Bureau (Bureau) announced that it was increasing its enforcement of deceptive COVID-19 advertising and marketing claims (see: Competition Bureau cracking down on deceptive marketing claims about COVID-19 prevention or treatment). In making the announcement, the Bureau said: “As concerned … Read the rest of this entry »

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 »

New Competition Bureau Deceptive Marketing Practices Digest: Priorities Include Misleading Data Privacy Claims

Practical Law Canada Competition has published a New Legal Update, which discusses the Competition Bureau’s new Deceptive Marketing Practices Digest, including the following key current Bureau advertising enforcement priorities: false or misleading data privacy claims, weight loss claims and online pricing and drip pricing. All … 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 »

The Price, the Whole Price and Nothing But the Price: StubHub Pays $1.3 Million Penalty Following Bureau Drip Pricing Probe

The Competition Bureau’s (Bureau) top priority for enforcement and advocacy is currently the digital economy (see, for example, here, here, here, here and here). And for online marketing practices, false or misleading prices, including drip-pricing (i.e., where additional fees for an online purchase are only … 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 »