adv checklist

8/3/2019 Adv Checklist

1/4

Checklist of Distinctly Canadian Issues

Issue Rule in Canada Rule in the United States

UsingMounties/RCMP inAdvertising

You need to obtain consent from theRCMP before depicting a Mountie orRCMP insignia in advertising.

Not applicable, unless the image is subjectto copyright.

Using the Maple Leafin Advertising

May constitute an implied claim that theproduct is Made in Canada. SeeMaking a Made in Canada Claimbelow.

Not Applicable.

Making a Product ofCanada Claim

Requires:

1. The last substantial transformation ofthe product was in Canada.

2. At least 98% of the total direct costs ofproduction were incurred in Canada.

Not Applicable.

Making a Made inCanada Claim

Requires:

1. The last substantial transformation ofthe product was in Canada.

2. At least 51% of the total direct costs ofproduction were incurred in Canada.

3. The claim is accompanied by anappropriate qualifier. E.g. Made in

Canada with imported parts.

Not Applicable.


2/4


Using the NationalFlag in Advertising

You need consent from Heritage Canadato use the Canadian flag in advertising.Permission will not be granted if the flag is

defaced or depicted in a manner which isnot dignified.

May constitute an implied claim that theproduct is Made in Canada. SeeMaking a Made in Canada Claimabove.

The American flag can generally be used.

Using Images ofPaper Money inAdvertising

A depiction of paper currency must beless than or greater than 1 the lengthor width of a real bank note.

The depiction of Canadian paper moneyin advertising requires permission fromthe Bank of Canada.

Special rules apply to the depiction ofAmerican currency. There is no Canadianexemption for American currency.

Using Images ofCoins in Advertising

You must obtain consent and a licencefrom the Royal Canadian Mint to depictCanadian coins.

Not Applicable.

Using O Canada inAdvertising

Heritage Canada indicates O Canada isin the public domain, and may be usedwithout government permission.

Recall that copyright may subsist in aparticular recording!

Americans can use it too!

Using Puffery orHyperbole

Canada has a much more limiteddefence of puffery than the UnitedStates. Claims in advertising must besubstantiated unless they are soexaggerated to be clearly incredible.

The United States tends to take a moreliberal approach to claims that constitutepuffery.

Using Personalities,Dead or Alive

Making use of a persons personalityimage, voice or likeness may createliability through the tort ofmisappropriation of personality. Canadadoes not have a legislated period afterwhich persons are well-dead.

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

Talent Issues Canada has three unions for talent,ACTRA, the Union of B.C. Performers,and the Union des Artistes for FrenchPerformers in Quebec.

Pension & Welfare may be paid on lessthan the full amount of the contract.

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


3/4


Advertising inQuebec

Quebec is a civil law jurisdiction. Specificrules apply to the use of the Frenchlanguage within Quebec, and the

province has stringent consumerprotection legislation which is distinctfrom the other provinces.

Not applicable.

ComparativeAdvertising

Difficult copyright and trade-mark issuesarise when using a competitors trade-mark in comparative advertising.

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

Prescription DrugAdvertising

It is not permitted to conduct directconsumer advertising for prescriptiondrugs, except for advertisements whichuse only the products name, price andquantity. It is not permissible to make anyreference to therapeutic indications.

The advertising of prescription drugs ispermitted with extensive rules anddisclosures.

Drug Sampling The Food and Drugs Actprohibitsdistributing drugs as samples.

Monetary consideration is required for alldrug samples.

Monetary consideration is apparently notrequired.

TobaccoAdvertising

The Tobacco Actprohibits essentially alltobacco advertising.

It is still permitted to advertise tobacco insome instances.

Metric Measurement The use of metric measurement isrequired under various statutes.

The United States still uses ImperialMeasurement.

Contests /

Sweepstakes

The Criminal Codeclassifies some

contests as illegal lotteries. Contestsmust be structured to avoid thisprohibition.

One cannot give away prizes on basis ofchance alone.

The United States has difficult rules with

relation to contests and sweepstakes. Ifthere is no consideration you can determinethe winner by chance alone.

Skill TestingQuestion- Order ofMathematics

To avoid distributing prizes based onchance alone, contests will include amathematical skill testing question. Besure to follow the proper order formathematics when determining what thecorrect answer is!

Not Applicable.

Contest Terminology The terms Sweepstakes and Contestare used interchangeably.

Contest is used only for skill contests.

Forcing Purchase fora Contest Entry

Typically, contests require a NoPurchase method of entry. However, itmay be possible to force a purchase insome limited circumstances.

A purchase may be required for skill basedcontests only.


4/4


Contests inQuebec- The Rgie

The Rgie requires a duty in mostcircumstances. Bonding is required if theprizes exceed a certain monetary value.

Bonding is only required in New York andFlorida contests with prizes over $5,000U.S.

Contests for Kids The Canadian Marketing Association haspublished Guidelines which apply tocontests directed at children.

COPPA / CARU create requirements in thisarea.

Using the termNew in Advertising

The term new may be used for oneyear after a product is introduced.

New may only be used for six months.

Canadian Spelling Use English spelling. Examples:

Colour

Centre

Cheque

Use American spelling. Examples:

Color

Center

Check

adv checklist

Documents