Archive for the 'Marketing' Category
Earlier today, the Retail Council of Canada (RCC) issued a news release and its submission to the Standing Committee on National Finance regarding retail pricing in Canada. The Committee commenced a study of the reasons for price differences in Canada and the United States last fall, and has heard from a wide spectrum of witnesses, including from government (the Competition Bureau, Canadian Heritage, Transport Canada, CBSA and Department of Finance), the private sector, academics and industry associations and groups.
In addressing the Committee, the RCC’s President Diane Brisebois urged them to “help set the record straight about the real causes of price differences in Canada versus the United States”.
According to the RCC, Canadian retailers are confronted by the following factors that impact retail pricing in Canada: (i) import duties on finished goods, (ii) supply management affecting food product prices (i.e., marketing boards that impact the prices of dairy, poultry and other products), (iii) vendor pricing (i.e., higher prices for Canadian retailers) and (iv) regulatory harmonization (e.g., in the book industry, in relation to which the RCC said Canada was the “poster child” for regulation leading to higher book prices). The RCC particularly emphasized existing “outdated” tariffs for adversely impacting Canadian retail prices.
The RCC’s submission discusses, among other things, the Canadian retail industry and suggested areas for government action (in relation to country pricing, duty remission on imported consumer goods, supply management and regulatory harmonization/red tape reduction).
Interestingly, the RCC did not address any competition or marketplace concentration issues in its submission, which is interesting given the high level of consolidation in many Canadian industries (including in some retail segments), except to comment on increased foreign competition:
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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April 15, 2012
The Federal Office of the Privacy Commissioner has launched a new and enhanced website that includes new anti-spam legislation information relating to the role of the Privacy Commissioner (see: Online Privacy: Fighting Electronic Spam and Other Online Threats).
Advertising Standards Canada (ASC) will be hosting Jonathan Salem Baskin as the keynote speaker for its Annual General Meeting on May 3rd.
From the ASC:
“Attend ASC’s Annual General Meeting Keynote to hear Jonathan Salem Baskin, co-author of the newly released Tell the Truth: Honesty is Your Most Powerful Marketing Tool, speak on how truth telling is the core of successful marketing communications. Baskin will discuss how consumers are using social media in their pursuit of truth, causing advertisers to totally rethink their creative strategies.
This event, his only scheduled Canadian appearance, will take place in Toronto on Thursday, May 3, 2012, and should not be missed!”
Earlier this week, the federal CRTC announced that it has taken sweeping enforcement steps against 85 companies for breaching Canada’s telemarketing rules.
In making the announcement, the CRTC said:
“Today, the Canadian Radio-television and Telecommunications Commission (CRTC) concluded a five-month investigation and took enforcement action against 85 companies for breaking the telemarketing rules. This investigation marks the latest step in the CRTC’s efforts, using a variety of enforcement strategies, to reduce unwanted calls made to Canadians.
The CRTC issued citations to 74 telemarketers who had failed to register with the National Do Not Call List operator or subscribe to the National Do Not Call List. Notices of violation were issued to an additional 11 companies for more significant breaches. Administrative monetary penalties totalling $41,000 were imposed on those 11 companies. In setting the penalty amounts, the CRTC recognized that many of these telemarketers are small businesses.”
According to the CRTC, it has imposed penalties of $2.1 million to date.
Under Canada’s National Do Not Call List (“DNCL”) rules, established under the federal Telecommunications Act, consumers may register their residential, wireless, fax or VoIP telephone numbers to reduce the number of telemarketing calls received. Registrations are valid for five years and become effective 31 days after registration (consumers must periodically renew their registrations before expiry).
Advertising Standards Canada (ASC) will be holding a breakfast seminar on Thursday May 3, 2012 (8:30 – 10:15 at the Sutton Place Hotel in Toronto) entitled “Tell the Truth: Honesty is Your Most Powerful Marketing Tool”, with keynote speaker Jonathan Salem.
From the ASC:
“According to Baskin, today’s consumers aren’t looking for conversations with brands as much as about brands. And what they take away from this engagement is far more important than the creative ways marketers deliver messages. Ultimately, consumers determine what is true, and smart companies have realized that every communications medium, especially peer-to-peer online conversations, can and will be used to contribute to their conclusions.
Baskin and his co-author conducted in-depth research on 50 companies to produce case histories about how truthful brands deliver sales, profits, and sustainable relationships. The bottom line is that truthful brands are the most profitable and successful, making truth telling the strategic and creative challenge of the 21st century.”
On March 28, 2012, the CRTC published its final Regulations under the Anti-spam Act (see: Electronic Commerce Protection Regulations (CRTC)).
On March 23, 2012, the CRTC announced that it had imposed a $24,000 administrative monetary penalty against Quebec telemarketing company Les Aliments S.R.C. Inc. for calling consumers registered on the National Do Not Call List (DNCL) and failure to pay registration fees to the National DNCL operator.
Under the Unsolicited Telecommunications Rules, telemarketers are prohibited from calling consumers registered on the DNCL (unless express consent has been obtained). The Rules also require telemarketers to be registered on the National DNCL and pay registration fees to the National DNCL operator.
Les Aliments took the position that the Rules had not been violated regarding calls to one complainant because it had an existing business relationship (the Rules do not apply to telemarketing where there is an existing business relationship, as defined) and should be acquitted of other violations because it acted in good faith and exercised due diligence (a due diligence defence exists under the Telecommunications Act).
Earlier this month, on March 5, 2012, the CRTC finalized its Regulations under Canada’s pending federal anti-spam legislation (the “Anti-spam Act”).
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
