Consumer Protection Act, commercial advertising directed at persons under thirteen
In force.
An age-appropriate design code rule binding public and private bodies.
- Enforcement body
- Office de la protection du consommateur
As of .
What it requires
- Do not make use of commercial advertising directed at persons under thirteen years of age, except as the Regulation respecting the application of the Consumer Protection Act allows (s. 248).
- Judge whether an advertisement is directed at persons under thirteen by the context of its presentation, in particular the nature and intended purpose of the goods advertised, the manner of presenting it and the time and place it is shown (s. 249).
- Do not treat placement in material or air time intended for persons thirteen and over, or for both age groups, as showing that an advertisement is not directed at persons under thirteen (s. 249).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
Contravening section 248 is an offence under section 278 of the Consumer Protection Act, punishable by the fines stated there.
Penalty structure
Section 278 sets a minimum fine of $2,500 for a natural person and $5,000 in any other case, and a maximum fine of $62,500 for a natural person and $125,000 in any other case, or an amount equal to 5% of worldwide turnover for the preceding fiscal year, whichever is greater.
- Rule
- Higher of
- As of
- Minimum
- 2,500
- Currency
- CAD
- Fixed cap
- 125,000
- Turnover percentage cap
- 5
What it reaches
Age threshold
13
Covered services
Commercial advertising directed at persons under thirteen years of age, whoever makes use of it; an advertisement is judged by its context, including the goods advertised, how it is presented and when and where it is shown.
Obligation class
Prohibition
What this law does
No person may make use of commercial advertising directed at persons under thirteen years of age, subject to what the regulations provide. Whether an advertisement is directed at persons under thirteen is judged by the context of its presentation, in particular the nature and intended purpose of the goods advertised, the manner of presenting the advertisement and the time and place it is shown.
That an advertisement appears in printed matter or on air time intended for persons thirteen and over, or for both age groups, creates no presumption that it is not directed at persons under thirteen. The regulations exempt an advertisement that appears in a children's magazine or insert for sale and published at intervals of not more than three months, on conditions.
They also exempt an advertisement announcing a programme or show directed at children, and one on a store window, display, container, wrapping or label, on conditions. Contravening section 248 is an offence under section 278 of the Act.
When LexLint raises it
When your app profile says your app serves under-18s.