Archive for the 'Compliance' Category
March 8, 2013
Earlier today, the Competition Bureau launched a Twitter account: @CompBureau. 1 Tweet so far (“The Competition Bureau is now on Twitter”), following 1 other (the French version of its account: @Burconcurrence) and with 77 followers and rising quickly. For the Bureau’s announcement of its first steps into the Twitterverse see: Competition Bureau Launches Twitter Account.
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 on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists. We also offer a CASL corporate compliance program. For more information or to order, see: Anti-Spam (CASL) Precedents/Forms. If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: contact.
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March 7, 2013
Earlier today, the Federal Government posted comments that it has received to the proposed Industry Canada regulations under Canada’s pending federal anti-spam legislation (CASL). Revised Industry Canada regulations were posted in earlier January for public comments, based on significant industry push back to CASL and, in particular in relation to the proposed Industry Canada Regulations, narrow and arguably commercially unworkable exceptions to the legislation. More than 100 comments have been posted, from a variety of companies, associations, individuals and other organizations.
March 6, 2013
In addition to my contest law services, I offer Canadian contest forms and precedents for random draw and skill contests in Canada (excluding Quebec).
These Canadian contest forms are intended to bridge the gap between legal advice and forms on the web, which may not be current, accurate, reviewed by counsel or even intended for Canadian promotions (i.e., U.S. or international forms that do not include the key requirements to effectively operate a contest in Canada).
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CANADIAN CONTEST RULES & FORMS
Need contest rules and forms for a Canadian Contest? I offer a selection of Canadian contest rules and forms for common types of Canadian contests. For more information see: Contest Forms.
March 4, 2013
John Pecman has held the position of Interim Commissioner of Competition in Canada since late last fall and, until a new Commissioner is chosen and announced, holds the senior role at the Canadian Competition Bureau. On April 5th, the C.D. Howe Institute will be hosting a Toronto roundtable event with Mr. Pecman. From the C.D. Howe Institute:
“John Pecman is Interim Commissioner of Competition. The Commissioner is responsible for the administration and enforcement of the Competition Act and three labelling statutes, the Consumer Packaging and Labelling Act, the Precious Metals Marking Act and the Textile Labelling Act.
As head of the Canadian Competition Bureau, the Commissioner leads the Bureau’s participation in international fora such as the Organization for Economic Cooperation and Development (OECD) and the International Competition Network (ICN), to develop and promote coordinated competition laws and policies in an increasingly globalized marketplace.
March 4, 2013
In a very interesting real estate sector development, the Real Estate Council of British Columbia has updated its advertising requirements for licensees under the British Columbia Real Estate Services Act (see: here and here). In making the announcement, the Council said that:
“Each month, the Real Estate Council receives a large number of complaints relating to licensee advertising. In order to reduce the number of complaints, the Council has developed the following information which is designed to assist licensees in creating advertisements that comply with the requirements set out in the Council Rules.”
Three BC Real Estate Council rules govern real estate salespersons’ advertising in BC: sections 4-6 (general advertising restrictions and requirements), 4-7 (which prohibits false or misleading advertising) and 4-8 (advertising in relation to specific real estate) (see: here). In general, these Council rules require licensees to make certain disclosure (e.g., brokerage name), prohibit false or misleading advertising and owner (or agent) consent for advertising specific property.
The Council’s new advertising guidelines, which, according to the Council are intended to “ensure that the public is neither misled nor confused as to who is providing real estate services and to ensure the accuracy of representations”, include a real estate advertising checklist (with common advertising problem areas), as well as information relating to specific types of advertising and issues including disclosure of the brokerage name, a “top six” list of advertising vehicles where the Council commonly finds licensee advertising violations (e.g., Facebook, Craigslist, Twitter and Google+), guidelines for Internet and social media advertising and a discussion of steps to take to avoid false or misleading advertising.
Some of the general guidance in the Council’s new guidelines that is consistent with the Competition Act’s misleading advertising rules include: ensuring that all representations are accurate and verifiable, disclosure of any conditions or limitations, ensuring that any performance type claims – for example, relating to business volume, honours/awards, etc. – are supported and the source of the supporting data disclosed.
February 28, 2013
As part of the kick-off of Fraud Prevention Month it seems, the Competition Bureau has issued an updated pamphlet for businesses on bid-rigging. The Bureau’s new Bid-rigging pamphlet discusses the criminal bid-rigging offences under the Competition Act (section 47), provides some tips to detect and prevent common types of bid-rigging offences (e.g., cover bidding, bid suppression, bid rotation and market division), gives a brief overview of the Bureau’s Immunity and Leniency Programs and bid-rigging penalties. The Bureau’s new pamphlet also includes other bid-rigging related resources, including its multi-media presentation: Bid-Rigging: Awareness and Prevention.
February 28, 2013
The Continuing Legal Education Society of British Columbia (CLE BC) has published its annual Review of Law & Practice – 2013, including my joint Competition Law chapter (see: Annual Review of Law & Practice – 2013). Overview (from CLE BC):
“Discover the most efficient way to stay informed, with key developments in 33 practice areas. Each year, lawyers and other readers around the province turn to CLEBC’s Annual Review of Law & Practice to learn about the key developments and trends in British Columbia law. Thriving in its 22nd annual edition, Annual Review provides an easy, affordable, and reliable way to keep its readers on top of the pivotal issues and trends. This year’s edition is bigger and better than before, and introduces a new chapter on “Competition Law”. The book now contains 34 chapters packed with accessible commentary about the main legislative, case law, and practice changes in British Columbia. Chapters are written by BC lawyers who have recognized interests and knowledge in particular areas of law. All good reasons why, in British Columbia, Annual Review is the essential updating tool for the busy practitioner.”
My joint Competition Law chapter includes a summary of the 2012 developments in the major areas of Canadian competition law including: misleading advertising, mergers, the Investment Canada Act, abuse of dominance, criminal matters, private actions and new Competition Bureau guidelines.
February 27, 2013
This new global text on unfair competition caught my eye on my sweep of the web today: International Handbook on Unfair Competition, which includes chapters on major jurisdictions including Canada, the U.S., Australia, U.K., Brazil, China and a number of others. Abstract:
“Written by a worldwide team of experts, this new work surveys and comments on the unfair competition laws of the world’s leading economic powers. Following a standard pattern, each chapter introduces the reader to the latest developments in each jurisdiction, highlighting the ways in which the basic legislation and case law relates to enforcement issues, and how unfair competition laws fit with wider considerations of consumer protection and within prevailing intellectual property and competition law frameworks.
Each of the country reports follows the same standard structure: Background and General Approach to Unfair Competition Law; Legal Basis of Unfair Competition Law and Relations to Neighbouring Areas of Law; General Considerations; General Clause Against Unfair Competition; Marketing; Protection of Competitors Against Unfair Trade Practices; Specific Protection of Consumers Against Unfair Trade Practices; Enforcement.”
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
