Bill C-430

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First Reading

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C-430

First Session, Forty-first Parliament,

60-61 Elizabeth II, 2011-2012

HOUSE OF COMMONS OF CANADA

BILL C-430

An Act to amend the Competition Act and the Food and Drugs Act (child protection against advertising exploitation)

first reading, June 6, 2012

Mr. Julian

411085

SUMMARY

This enactment amends the Competition Act and the Food and Drugs Act to expressly prohibit advertising and promotion, for commercial purposes, of products, food, drugs, cosmetics or devices directly to children under 13 years of age.

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1st Session, 41st Parliament,

60-61 Elizabeth II, 2011-2012

house of commons of canada

BILL C-430

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 74.051(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 74.05:

Commercial advertising and promotion directed at children prohibited

74.051 (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) Advertising or promotion may be found to be directed at persons under 13 years of age even though it is presented:

(a) the manner in which the advertising or promotion is presented;

(b) the time and place it is presented; and

Determination — manner

(3) Advertising or promotion may be found to be directed at persons under 13 years of age even though it is presented:

(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

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 the 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

Determination — manner

(3) Advertising or promotion may be found to be directed at persons under 13 years of age even though it is presented:

(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

COMING INTO FORCE

Coming into force

4. This Act comes into force six months after the day on which it receives royal assent.

Published under authority of the Speaker of the House of Commons

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