Bill C-324
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2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-324
An Act to amend the Competition Act and the Food and Drugs Act (child protection against advertising exploitation)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19
COMPETITION ACT
1. The Competition Act is amended by adding the following after subsection 52(1.2):
Representations deemed false or misleading
(1.3) For the purposes of subsection (1), advertising or promotion directed at persons under 13 years of age, as determined in accordance with subsection 74.011(2) and (3), is deemed to be a recklessly made representation that is false or misleading in a material respect.
2. The Act is amended by adding the following after section 74.01:
Commercial advertising and promotion directed at children prohibited
74.011 (1) A person engages in reviewable conduct who, for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest, by any means whatever, directs any advertising or promotion, for commercial purposes, at persons under 13 years of age.
Determination — context
(2) Whether advertising or promotion is directed at persons under 13 years of age shall be determined by taking into consideration its context, including
(a) the manner in which the advertising or promotion is presented;
(b) the time and place it is presented; and
(c) the nature and intended purpose of the product or the business interest it promotes.
Determination — manner
(3) The fact that advertising or promotion is presented in the following manner does not by itself establish that it is not directed at persons under 13 years of age:
(a) in printed material intended for persons 13 years of age or over;
(b) in a broadcast during air time intended for persons 13 years of age or over; or
(c) in any manner intended both for persons under 13 years of age and for persons 13 years of age or over.
R.S., c. F-27
FOOD AND DRUGS ACT
3. The Food and Drugs Act is amended by adding the following after section 3:
Advertising and promotion directed at children prohibited
3.1 (1) No person shall direct any advertising or promotion, for commercial purposes, of any food, drug, cosmetic or device at persons under 13 years of age.
Determination — context
(2) Whether advertising or promotion is directed at persons under 13 years of age shall be determined by taking into consideration its context, including
(a) the manner in which the advertising or promotion is presented;
(b) the time and place it is presented; and
(c) the nature and intended purpose of the food, drug, cosmetic or device it advertises or promotes.
Determination — manner
(3) The fact that advertising or promotion is presented in the following manner does not by itself establish that it is not directed at persons under 13 years of age:
(a) in printed material intended for persons 13 years of age or over;
(b) in a broadcast during air time intended for persons 13 years of age or over; or
(c) in any manner intended both for persons under 13 years of age and for persons 13 years of age or over.
COMING INTO FORCE
Coming into force
4. This Act comes into force on the day that is six months after the day on which it receives royal assent.
Published under authority of the Speaker of the House of Commons
Available from:
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Available from:
Publishing and Depository Services
Public Works and Government Services Canada