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Marketing, Advertising and Sales Regulations

Attracting new customers to your business is essential. But you need to follow a few rules along the way. This document provides an overview of the key regulations, permits and licences related to marketing, advertising and sales.

Advertising and Promotion

When advertising the benefits of your product, you must be truthful. You may not make claims or use promotional techniques that are false or misleading.

• Misleading advertising and labelling
  
  http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/02776.html
  Learn more about advertising and labelling practices that are considered to be misleading, so that you can avoid using them.
• Food advertising requirements
  
  http://www.inspection.gc.ca/english/fssa/labeti/guide/tab3e.shtml
  If you advertise food products, you need to be aware of requirements related to advertising, such as labelling and the use of endorsements.
• Information for restaurateurs and food service operators
  
  http://www.inspection.gc.ca/english/fssa/labeti/retdet/rest1e.shtml
  If you own or operate a restaurant, you need to ensure that any claim you make about the food you are selling is accurate.
• Overview of health product advertising
  
  http://www.hc-sc.gc.ca/dhp-mps/advert-publicit/fs-fi/advert-publi_fs-fi-eng.php
  You may only advertise drug and health products that have been approved for sale in Canada and your advertisement must be approved before it is made public.
• Promotional contests
  
  http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/03126.html
  Find out what information you must provide to potential participants, if you are running a contest for promotional purposes.
• Promotional contests (Quebec) (only available in French)
  
  http://www.formulaire.gouv.qc.ca/cgi/affiche_doc.cgi?dossier=2718&table=0
  Find out about the regulations and method for holding a promotional contest for profit, where the total value of the prizes to be awarded exceeds $100.
• Mass marketing fraud
  
  http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/02775.html
  When marketing your products by phone, mail and the Internet, you need to ensure that your message is not misleading, deceptive or untruthful.

Sales and Customer Service Regulations ↑ top of page

Good customer service is important to the success of every business. To ensure that all customers are treated fairly, your business may need to comply with certain regulations or standards related to sales and client service.

• Making Ontario Accessible
  
  http://www.mcss.gov.on.ca/en/mcss/programs/accessibility/
  Find out what you need to do to make your business or workplace accessible for people with disabilities.

Weighing and Measuring Products

If you weigh or measure products that you sell, you need to ensure that you are using approved equipment and that your measuring devices are accurate.

• Accuracy: It’s your responsibility
  
  http://www.ic.gc.ca/eic/site/mc-mc.nsf/eng/lm03959.html
  Better understand your business' responsibilities for ensuring the accuracy of any equipment you use to weigh or measure products.

Banned and Restricted Products ↑ top of page

There are some products that you cannot sell in Canada. In addition, there are other products that have specific:

• Restrictions with regards to banned or dangerous ingredients
• Mandatory safety requirements
• Voluntary standards
• Required licences or product approvals

If you are manufacturing, importing or selling these products, you must be aware of the related regulations, standards and guidelines.

• Selling tobacco — Tobacco (access) regulation
  
  http://www.hc-sc.gc.ca/hc-ps/tobac-tabac/legislation/reg/acces/index-eng.php
  You must follow regulations regarding to whom you can sell tobacco and where signs can be posted. Some provincial/territorial requirements may also apply.
• Smoke-Free Ontario: How the Act Affects You - Retailers
  
  http://www.mhp.gov.on.ca/en/smoke-free/factsheets/retailers.asp
  Learn about your legal responsibilities as a tobacco retailer.
• Good Manufacturing Practices for Cosmetic Products
  
  http://www.hc-sc.gc.ca/cps-spc/cosmet-person/indust/information/gmp_cosmet-bpf-eng.php
  If you are manufacturing or importing cosmetics products, you must inform the government of the ingredients used and ensure they meet certain safety standards.
• Natural health products — Product licensing
  
  http://www.hc-sc.gc.ca/dhp-mps/prodnatur/applications/licen-prod/index-eng.php
  You need a product licence before you can market or sell natural health products in Canada.
• Drug products — Compliance and enforcement
  
  http://www.hc-sc.gc.ca/dhp-mps/compli-conform/info-prod/drugs-drogues/index-eng.php
  If you manufacture, import or sell drug products, you must comply with a variety of regulatory requirements and must obtain licences.
• Medical devices — Compliance and enforcement
  
  http://www.hc-sc.gc.ca/dhp-mps/compli-conform/info-prod/md-im/index-eng.php
  If you manufacture, import or sell medical devices, you must comply with a variety of regulatory requirements and must obtain licences.
• New substance notification process
  
  http://www.ec.gc.ca/subsnouvelles-newsubs/default.asp?lang=En&n=AB189605-1
  If you plan to introduce new substances (chemicals, polymers and animate products of biotechnology) into the Canadian market, you must notify Environment Canada.
• Radiation emitting devices
  
  http://www.hc-sc.gc.ca/ewh-semt/pubs/radiation/index-eng.php
  You must ensure that the radiation-emitting devices (such as X-rays, mammograms and ultrasounds) you use comply with certain safety requirements.
• Getting electrical products approved
  
  http://www.canadabusiness.ca/eng/summary/2613/
  Applies to: Ontario
  If you manufacture, import or sell electrical equipment in Ontario, you need to make sure that it is approved under the Ontario Electrical Safety Code.

Product Labelling ↑ top of page

The label you put on your product is an important way of communicating the value of your product to potential customers. You can use the label to sell the benefits of your product to your clients, but you must follow a few rules about labelling when you do so. The rules are more restrictive for some types of products than others, and you should research the labelling requirements for your product carefully before finalizing your label.

• Consumer product packaging and labelling worksheet
  
  http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/h_02938.html
  Learn about the requirements that apply to the packaging and labelling of most consumer products in Canada with worksheets for different types of products to help you design your label.
• Fair Trade Certification and Labelling
  
  http://transfair.ca/en/about-fairtrade/fair-trade-certification
  You can get a licence to use the “Fair Trade” label on products you sell, if you import them from suppliers who have earned a Fair Trade certification.
• Guide to food labelling and advertising
  
  http://www.inspection.gc.ca/english/fssa/labeti/guide/toce.shtml
  If you produce, manufacture, advertise or sell food products, you need to be aware of the specific rules for nutritional information, bilingual labels, dietary claims and more.
• Guide to developing accurate nutrient values
  
  http://www.hc-sc.gc.ca/fn-an/label-etiquet/nutrition/reg/guide-nutri_val_tc-tm-eng.php
  Do you produce or manufacture food? If so, learn how to provide accurate nutritional value information for your products.
• Food allergens
  
  http://www.inspection.gc.ca/english/fssa/labeti/allerg/allerge.shtml
  If you produce a food product that contains ingredients that people are often allergic to, you need to be aware of proposed labelling requirements for food allergens, gluten sources and added sulphites.
• Meat cuts
  
  http://www.inspection.gc.ca/english/fssa/labeti/mcmancv/mcmancve.shtml
  If you are a producer or manufacturer of beef, lamb, pork, poultry and veal meat cuts, organs and carcass parts, you must follow specific labelling requirements.
• Nutritional labelling fact sheet
  
  http://www.sfpa.sk.ca/images/mymarket/Microsoft%20Word%20-%20Nutrition%20Labelling%20Fact%20Sheet%20revised%20April%202808(1).pdf
  If you are a food processor, get information on the database and laboratory nutritional analysis processes.
• Nutritional labelling funding
  
  http://www.canadabusiness.ca/eng/summary/2284/
  Applies to: Saskatchewan
  If you are a food processor with new or existing products, the Saskatchewan Food Processors Association can help you obtain and ensure compliance with applicable labelling regulations.
• Labelling of energy efficient products
  
  http://oee.nrcan.gc.ca/regulations/html/EERGuide_Part1.cfm?attr=4
  If you are a dealer of energy efficient products, you should be aware of the regulations for energy efficiency verification marks, EnerGuide labels and lighting product labels.
• Guide to the Textile Labelling and Advertising Regulations
  
  http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/01249.html
  Learn about the requirements for labels on textile products that are sold in Canada.
• CA identification number for textiles
  
  http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/h_02575.html
  If you manufacture, process or finish textile fibre products, you can register for a CA Identification Number to use in place of your name and address on articles for consumers.
• Mandatory ingredient labelling for cosmetics
  
  http://www.hc-sc.gc.ca/cps-spc/cosmet-person/indust/information/label-ingredient-etiquet-eng.php
  Access information on the labelling requirements for cosmetics, including the full regulations and a fact sheet for the cosmetics industry.
• Misleading advertising and labelling
  
  http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/02776.html
  Learn more about advertising and labelling practices that are considered to be misleading, so that you can avoid using them.
• Made in Canada Labelling
  
  http://competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/03169.html
  Find out what it takes for your product to be labelled as "Made in Canada".

Anti-Competitive and Fraudulent Practices ↑ top of page

You must be careful not to engage in business practices that could unfairly reduce competition in your industry.

• Preventing abuse of market power
  
  http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/h_02758.html
  Learn more about the types of business practices you should avoid, because they hurt competition and are not allowed under the Competition Act
• Pyramid selling and multi-level marketing schemes
  
  http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/01230.html
  Multi-level marketing, where you earn money by supplying products to other participants in the same plan, is legal in some cases and illegal in others. Learn more before agreeing to participate in such a scheme.

Weighing and Measuring Products ↑ top of page

If you weigh or measure products that you sell, you need to ensure that you are using approved equipment and that your measuring devices are accurate.

• Accuracy: It’s your responsibility
  
  http://www.ic.gc.ca/eic/site/mc-mc.nsf/eng/lm03959.html
  Better understand your business' responsibilities for ensuring the accuracy of any equipment you use to weigh or measure products.