Checklist of Distinctly Canadian Issues

Issue Using Mounties/RCMP Advertising

Rule in Canada You need to obtain consent from the RCMP before depicting a Mountie or RCMP insignia in advertising. May constitute an implied claim that the product is Made in Canada. See Making a Made in Canada Claim below. Requires: 1. The last substantial transformation of the product was in Canada. 2. At least 98% of the total direct costs of production were incurred in Canada.

Rule in the United States Not applicable, unless the image is subject to copyright.

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Using the Maple Leaf in Advertising

Not Applicable.

Making a Product of Canada Claim

Not Applicable.

Making a Made in Canada Claim

Requires: 1. The last substantial transformation of the product was in Canada. 2. At least 51% of the total direct costs of production were incurred in Canada. 3. The claim is accompanied by an appropriate qualifier. E.g. Made in Canada with imported parts.

Not Applicable.

Issue Using the National Flag in Advertising

Rule in Canada You need consent from Heritage Canada to use the Canadian flag in advertising. Permission will not be granted if the flag is defaced or depicted in a manner which is not dignified. May constitute an implied claim that the product is Made in Canada. See Making a Made in Canada Claim above.

Rule in the United States The American flag can generally be used.

Using Images of Paper Money in Advertising

A depiction of paper currency must be less than or greater than 1 the length or width of a real bank note. The depiction of Canadian paper money in advertising requires permission from the Bank of Canada.

Special rules apply to the depiction of American currency. There is no Canadian exemption for American currency.

Using Images of Coins in Advertising

You must obtain consent and a licence from the Royal Canadian Mint to depict Canadian coins. Heritage Canada indicates O Canada is in the public domain, and may be used without government permission. Recall that copyright may subsist in a particular recording!

Not Applicable.

Using O Canada in Advertising

Americans can use it too!

Using Puffery or Hyperbole

Canada has a much more limited defence of puffery than the United States. Claims in advertising must be substantiated unless they are so exaggerated to be clearly incredible. Making use of a persons personality image, voice or likeness may create liability through the tort of misappropriation of personality. Canada does not have a legislated period after which persons are well-dead. Canada has three unions for talent, ACTRA, the Union of B.C. Performers, and the Union des Artistes for French Performers in Quebec. Pension & Welfare may be paid on less than the full amount of the contract.

The United States tends to take a more liberal approach to claims that constitute puffery.

Using Personalities, Dead or Alive

Many states have specific legislation to extend protection to personalities up to 100 years after the persons death.

Talent Issues

Talent is represented by SAG / AFTRA. Must pay Pension & Welfare on the entire broadcast fee.

Issue Advertising in Quebec

Rule in Canada Quebec is a civil law jurisdiction. Specific rules apply to the use of the French language within Quebec, and the province has stringent consumer protection legislation which is distinct from the other provinces. Difficult copyright and trade-mark issues arise when using a competitors trademark in comparative advertising. It is not permitted to conduct direct consumer advertising for prescription drugs, except for advertisements which use only the products name, price and quantity. It is not permissible to make any reference to therapeutic indications. The Food and Drugs Act prohibits distributing drugs as samples. Monetary consideration is required for all drug samples.

Rule in the United States Not applicable.

Comparative Advertising

There is special provision in the Lanham Act for the comparative use of brands.

Prescription Drug Advertising

The advertising of prescription drugs is permitted with extensive rules and disclosures.

Drug Sampling

Monetary consideration is apparently not required.

Tobacco Advertising Metric Measurement

The Tobacco Act prohibits essentially all tobacco advertising. The use of metric measurement is required under various statutes. The Criminal Code classifies some contests as illegal lotteries. Contests must be structured to avoid this prohibition. One cannot give away prizes on basis of chance alone.

It is still permitted to advertise tobacco in some instances. The United States still uses Imperial Measurement. The United States has difficult rules with relation to contests and sweepstakes. If there is no consideration you can determine the winner by chance alone.

Contests / Sweepstakes

Skill Testing Question- Order of Mathematics

To avoid distributing prizes based on chance alone, contests will include a mathematical skill testing question. Be sure to follow the proper order for mathematics when determining what the correct answer is! The terms Sweepstakes and Contest are used interchangeably. Typically, contests require a No Purchase method of entry. However, it may be possible to force a purchase in some limited circumstances.

Not Applicable.

Contest Terminology

Contest is used only for skill contests.

Forcing Purchase for a Contest Entry

A purchase may be required for skill based contests only.

Issue Contests in Quebec- The Rgie

Rule in Canada The Rgie requires a duty in most circumstances. Bonding is required if the prizes exceed a certain monetary value. The Canadian Marketing Association has published Guidelines which apply to contests directed at children. The term new may be used for one year after a product is introduced.

Rule in the United States Bonding is only required in New York and Florida contests with prizes over $5,000 U.S. COPPA / CARU create requirements in this area.

Contests for Kids

Using the term New in Advertising

New may only be used for six months.

Canadian Spelling

Use English spelling. Examples: Colour Centre Cheque

Use American spelling. Examples: Color Center Check