Conference Program
Flip through our 2021 conference brochure and discover what’s new this year.

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Day 1 - Tuesday, January 19, 2021

8:00

FOCUS ON PRIVACY AND CUSTOMER DATA

Remarks from the Co-Chairs – Anticipating Tomorrow’s Audience in the World of Advertising and Marketing
8:30
From Europe to Canada – How Changes in Global Privacy Laws Are Impacting Canadian Advertising and Marketing
9:30
Avoid Privacy Breaches and Penalties: Implementing Quebec’s Bill 64 into Your Organizations Customer Data Collection Policies
10:15
Refreshment Break with 1:1 Networking
11:00
The Cookie will Crumble in 2022: Finding a New Recipe for Marketing Campaigns and Compliant Customer Data Collection
11:45
Are Loyalty Programs the Answer to Creating a Repeat Customers Base While Complying with Privacy Laws?
12:30
I’m Following You from Places to Faces: Delineating the Legal Parameters for Location Tracking and Biometrics when Tailoring Advertisements to Your Customer
1:30
Closing Remarks from the Chair

Day 2 - Wednesday, January 20, 2021

8:00

SUBSTANTIATING AD CLAIMS, MASTERING SOCIAL MEDIA and COMPLIANTLY CRAFTING MESSAGING FOR ALL MEDIUMS

Remarks from the Chair and Recap
8:15

PANEL

Everyone’s Favourite Panel: Substantiating Ad Claims for Happy Customers and a Happy Legal Department
9:15

KEYNOTE WITH COMPETITION BUREAU CANADA

Examining Trends in Social Media Advertising and Marketing: How to Stay Out of Trouble
9:45
Managing Influencers: Mitigating Brand Risk Through Contractual Obligations
10:45
Refreshment Break with 1:1 Networking
11:30
Evaluating the Validity of Consumer Complaints: Meeting the Muster of the Canadian Code of Advertising Standards
12:15
AI Deployed to Detect Political Ads – The Complexities of Election Advertising under Bill-76
12:45
Finding Solutions to Ethical Dilemmas in Marketing to Minors
1:30
Closing Remarks from the Chair

Day 3 - Thursday, January 21, 2021

8:15

PROTECTING YOUR BRAND, MAKING YOUR MARK, and BOOSTING YOUR IMAGE

Remarks from the Chair
8:30

FOCUS GROUP ROUNDTABLE ON TRADEMARKS

Making Your Mark and Staking Your Claim: Winning Strategies Trademark Protection and Brand Preservation
9:30
What’s that Song? Understanding Your Legal Obligations for Music Usage in Ads When Marketing to International Audiences Under Canadian Law
10:30
Refreshment Break with 1:1 Networking
11:15
Your Last Chance – Best Marketing Campaigns Amid a Crisis: How to Market a Product without Being Opportunistic
12:00
Playing by the Rules of the Game: Advertising and Marketing through Promotional Contests and Sweepstakes Under the Competition Act
1:00
Racially and Culturally Aware Depictions or Portrayals: Marketing to a Diverse Consumer Base
1:30
Closing Remarks from the Chairs

Day 1 - Tuesday, January 19, 2021

8:00

FOCUS ON PRIVACY AND CUSTOMER DATA

Remarks from the Co-Chairs – Anticipating Tomorrow’s Audience in the World of Advertising and Marketing
Catherine Bate

Catherine Bate
Chief Legal and Policy Officer
Ad Standards

Join our conference co-chairs as they review the challenges we experienced in 2020, and as we preview the three themes that will be explored over the next three mornings. How can we anticipate the changing market, and the needs of a changing audience.

8:30
From Europe to Canada – How Changes in Global Privacy Laws Are Impacting Canadian Advertising and Marketing
Sonia Carreno

Sonia Carreno
President
Interactive Advertising Bureau of Canada (IAB Canada)

Brent Homan

Brent Homan
Deputy Commissioner, Compliance Sector
Office of the Privacy Commissioner of Canada

Adherence to privacy laws is a critical part of modern advertising and marketing practices. With this understanding, the Interactive Advertising Bureau of Canada (IAB Canada) has partnered with IAB Europe and the IAB Tech Lab to modernize PIPEDA compliance mechanisms for digital advertising in Canada. Join us and take a closer look at the currently adopted European framework for GDPR compliance in advertising and learn how this will be implemented in Canada to help businesses comply with privacy laws today and tomorrow.

  • Understanding the crucial relationship between privacy laws and advertising and modern marketing practices
  • Analyzing how the acceleration of global privacy policies is calling for a globally acceptable framework for the digital advertising eco-system
  • Anticipating what privacy compliance will look like in the coming months

9:30
Avoid Privacy Breaches and Penalties: Implementing Quebec’s Bill 64 into Your Organizations Customer Data Collection Policies
Jennifer Stoddart, O.C. Ad.É.

Jennifer Stoddart, O.C. Ad.É.
Strategic Advisor, Privacy and Cybersecurity Group
Fasken

Quebec’s proposed legislation – Bill 64, an Act to modernize legislative provisions as regards the protection of personal information will amend data protection laws making it more difficult for companies to gain consent to collect personal information from customers. Penalties for violations of the Private Sector Act can be up to $25 million. Thus, it is of the upmost importance to ensure that your customer data collection policies are fully compliant.

  • Identifying the gaps between current privacy legislation and Bill 64, and identifying where there may be gaps in your organization’s customer data usage policy
  • Calculating fines and penalties for customer data breaches
  • Assessing liability and risk of a class action suit for alleged failure to meet these requirements
  • Delving into new standards for gaining customer consent and defining clear, free, and informed consent to collect, use, and communicate with customer data
  • Defining “sensitive information” and a “reasonable expectation of privacy” and their impact on communicating with customers
  • Implementing processor agreements for third-party usage of customer data

10:15
Refreshment Break with 1:1 Networking
11:00
The Cookie will Crumble in 2022: Finding a New Recipe for Marketing Campaigns and Compliant Customer Data Collection

Marketing pressures are about to shift to first-party data collection as internet search engines begin to phase out cookies. Marketing agencies will no longer be able to track, personalize and save information about each user’s session on a website. Join us and explore what other options are available for communicating with the customer.

  • Re-thinking marketing tactics for customer data collection and customer communication as we say goodbye to fingerprinting and anti-tracking measures
  • Shifting internal privacy policies and marketing practices toward the collection of authentic customer identification
  • Incentivizing customer opt-ins and authenticating customer behaviours to ensure marketing practices align with privacy laws

11:45
Are Loyalty Programs the Answer to Creating a Repeat Customers Base While Complying with Privacy Laws?
Elizabeth Manley

Elizabeth Manley
Senior Manager of Trademarks & Marketing Law
Cineplex

Matthew Seagrim

Matthew Seagrim
Managing Director
SCENE

  • Creating a marketing plan to incentivize customers to sign-up for rewards programs and authorize permissions
  • Managing customer information and preferences in accordance with privacy laws
  • Personalizing the customer experience to ensure repeat business and continued data authorization

12:30
I’m Following You from Places to Faces: Delineating the Legal Parameters for Location Tracking and Biometrics when Tailoring Advertisements to Your Customer
Rachel Hayward

Rachel Hayward
Director, Compliance and Special Investigations
Office of the Information and Privacy Commissioner of Alberta

Decipher how to apply current privacy laws to marketing scenarios that are emerging with the advent of new technology.

  • Anticipating new applications for fingerprint and facial recognition software in marketing strategies while adhering to privacy standards
  • Analyzing the Privacy Act as it applies to location tracking applications, with a look at the investigation into Tim Hortons app and the GPS technology from Radar Labs
  • Gauging customers’ comfort level and rate of opting into programs that track personal identifiers

1:30
Closing Remarks from the Chair

Day 2 - Wednesday, January 20, 2021

8:00

SUBSTANTIATING AD CLAIMS, MASTERING SOCIAL MEDIA and COMPLIANTLY CRAFTING MESSAGING FOR ALL MEDIUMS

Remarks from the Chair and Recap
Catherine Bate

Catherine Bate
Chief Legal and Policy Officer
Ad Standards

8:15

PANEL

Everyone’s Favourite Panel: Substantiating Ad Claims for Happy Customers and a Happy Legal Department
René Bissonnette

René Bissonnette
Partner
Gowling WLG

Laura Brett

Laura Brett
Vice President
National Advertising Division®

BBB National Programs

Kelly Harris

Kelly Harris
Partner, Leader, National Marketing, Advertising & Product Compliance Group
Miller Thomson LLP

Cameron Weir

Cameron Weir
Senior Counsel
Reckitt Benckiser (Canada) Inc. (RB)

Crafting the perfect message and avoiding mixed messages, this session will take the customer’s perspective to pick apart vague, misleading, and poorly worded marketing copy to ensure clear and precise messaging that won’t lead to a legal dispute.

  • Crafting truthful content that is not misleading, or cannot be misconstrued by the customer
  • Substantiating claims of social responsibility such as “sustainable farming”
  • Clarifying what constitutes recyclable or a “made from recyclable materials” claim on product packaging
  • Validating customer testimonials, approval ratings and subjective claims such as “favourite” or “better”

9:15

KEYNOTE WITH COMPETITION BUREAU CANADA

Examining Trends in Social Media Advertising and Marketing: How to Stay Out of Trouble
Josephine Palumbo

Josephine Palumbo
Deputy Commissioner of Competition
Competition Bureau Canada

  • Exploring digital messaging platforms for connecting with customers, including WhatsApp, WeChat and Facebook Messenger – What are the legal implications of connecting with clients?
  • Promoting products on visual search mobile apps including Pinterest, Bing, Google Lens and CamFind
  • Deciding the best use for incorporating TikTok into your marketing campaign

9:45
Managing Influencers: Mitigating Brand Risk Through Contractual Obligations
Andrea Longworth

Andrea Longworth
Counsel
Visa Canada

Marina Seidl

Marina Seidl
Senior Legal Counsel
RBC

Richard Wong

Richard Wong
Account Executive
LinkedIn
Confirmed Representative

IAB Tech Lab

  • Analyzing and mitigating the risks of working with an influencer
  • Guts of a contract including fees schedule, brand integration, exclusivity and delivery dates
  • Control vs. creativity: Ensuring influencer activities align with brand strategies
  • Re-negotiating sponsorships and endorsement contacts
  • Calculating ROI and the incremental cost of an influencer program
  • Leveraging influencer content

10:45
Refreshment Break with 1:1 Networking
11:30
Evaluating the Validity of Consumer Complaints: Meeting the Muster of the Canadian Code of Advertising Standards
Sarah Morgenthau

Sarah Morgenthau
Counsel
Google Canada

Leore Rosmarin

Leore Rosmarin
Legal Counsel
Ad Standards

  • Identifying what elements within an ad led to a complaint and interpreting the code infraction
  • Complying with the code: tips and tricks for eliminating customer complaints
  • Enforcing the code and methods for ensuring an honest marketing industry
  • Examining how safety standards are being re-interpreted during the pandemic: are unsafe or dangerous practices being encouraged?

12:15
AI Deployed to Detect Political Ads – The Complexities of Election Advertising under Bill-76
Sonia Carreno

Sonia Carreno
President
Interactive Advertising Bureau of Canada (IAB Canada)

In 2019, as part of election advertising transparency rules, and to comply with Bill C-76, the Elections Modernization Act (2018), Google did not run election ads. Defining political ads is not a clear-cut exercise in the absence of modernized tools from the government. This panel will examine how non-election ad campaigns were and could be affected by Google’s decision.

  • A case study on how artificial-intelligence algorithms are being employed to ensure compliance with Bill C-76 in ad campaigns
    • Predicting which topics will become election issues and editing ad copy for keywords including political figures or “issues of national importance”

12:45
Finding Solutions to Ethical Dilemmas in Marketing to Minors
Catherine Bate

Catherine Bate
Chief Legal and Policy Officer
Ad Standards

Maureen Enright

Maureen Enright
Vice President
Children’s Food and Beverage Advertising Initiative

BBB National Programs

Candice Kloes

Candice Kloes
Counsel, Marketing & IP, Canada & International
The TDL Group Corp., an affiliate of Restaurant Brands International Inc., Tim Hortons®, Popeyes®, and Burger King® brands

  • Exploring questions of exploiting children’s credulity
    • Debating whether advertising teaches children emotional attachments to buying products rather than the value of a product
  • Defining what is harmful to children in advertising and how it might be interpreted by the Ad Standards code
    • Exploring restaurant campaigns focused on healthy food option
  • Delineating the difference between advertising a product and providing information
    • What is permissible?
  • Watching your sugars, fats and salts – will Bill S-228, An Act to amend the Food and Drugs Act, make a comeback?

1:30
Closing Remarks from the Chair

Day 3 - Thursday, January 21, 2021

8:15

PROTECTING YOUR BRAND, MAKING YOUR MARK, and BOOSTING YOUR IMAGE

Remarks from the Chair
Catherine Bate

Catherine Bate
Chief Legal and Policy Officer
Ad Standards

8:30

FOCUS GROUP ROUNDTABLE ON TRADEMARKS

Making Your Mark and Staking Your Claim: Winning Strategies Trademark Protection and Brand Preservation
Paula Fernández Pfizenmaier

Paula Fernández Pfizenmaier
Regional Vice President, Americas
Global Advertising Lawyers Alliance (GALA)
Partner, Intellectual Property, Privacy, New Technologies and Legal Advertising Department

Bruchou Fernandez Madero & Lombardi, Argentina

  • Analyzing the Trademarks Act including requirements for registering non-traditional trademarks
    • Examining questions of sound, scent, texture, moving image, 3D and hologram trademarks
  • Trademarking a catchphrase: understanding how the COVID-19 pandemic has changed advertising language
  • Redefining what is considered inherently distinctive
  • Policing your trademark and assessing when there is ground for an infringement
  • Debating when a colour can and cannot be trademarked
    • When is admissible to use third-party trademark colours?
    • Analyzing the red-sole shoe case, Christian Louboutin SAS v Van Haren Schoenen BV (2018)
  • Using geographic locations in the Federal Court decision in Advance Magazine Publishers, Inc. v. Banff Lake Louise Tourism Bureau, 2018
  • Arguing the distinctiveness in the case of American Express Marketing & Development Corp. v. Black Card, LLC, 2018

9:30
What’s that Song? Understanding Your Legal Obligations for Music Usage in Ads When Marketing to International Audiences Under Canadian Law
Marie Lampropoulos

Marie Lampropoulos
Associate Counsel, Business & Legal Affairs
Warner Music Canada

  • Examining the fair use doctrine vis-à-vis music and copyrights and knowing when it applies to advertising
  • Discovering who holds the grant of permission to use copyright material and obtaining licensing
  • Understanding the perimeters of your licensing agreement, including how the music or art can be depicted in an advertisement
    • National campaigns versus regional campaigns
  • Mitigating liability for copyright infringement when obtaining advertising work from third-party companies

10:30
Refreshment Break with 1:1 Networking
11:15
Your Last Chance – Best Marketing Campaigns Amid a Crisis: How to Market a Product without Being Opportunistic
Brinsley Dresden

Brinsley Dresden
Global Treasurer and Secretary
Global Advertising Lawyers Alliance (GALA)
Partner, Advertising & Marketing Law Group

Lewis Silkin LLP, UK

Whether it is a natural disaster, an economic crash or a pandemic, companies should never position themselves as taking advantage of a customer in a vulnerable situation. Learn the best ways to market your product while finetuning your message for an audience in crisis.

  • Devising protocols for marketers in times of crisis
  • Developing strategies for communicating and resonating with the audience
  • Debating the pros and cons of naming the crisis in your messaging versus using general terms
  • Assessing whether a time of crisis is the best time to rebrand

12:00
Playing by the Rules of the Game: Advertising and Marketing through Promotional Contests and Sweepstakes Under the Competition Act
John Salloum

John Salloum
Partner, Privacy/Marketing
Osler, Hoskin & Harcourt LLP

  • Understanding the contractual obligations of advertising contests and applying force majeure in the case of unprecedented circumstances
  • Calculating what constitutes an “unduly delay” when awarding prizes
  • Ensuring adequate and fair disclosure including monetary value, regional allocations and odds of winning

1:00
Racially and Culturally Aware Depictions or Portrayals: Marketing to a Diverse Consumer Base
Scott Kirkpatrick

Scott Kirkpatrick
General Counsel & EVP
Coca-Cola Ltd. & Minute Maid (Canada)

There is a changing narrative developing in diversity and inclusion worldwide amid the Me Too, Black Lives Matter and other similar social movements. Marketing campaigns are beginning to evolve to better reflect a more socially conscious audience in light of these social movements. This session will explore the influence of growing social movements, diversity, and racial awareness on advertising and marketing.

  • Redefining discrimination based upon race or ethnic group
  • Reevaluating appropriate imagery for brand marketing, including a look at Mars Inc.’s decision to rebrand Uncle Ben’s, and Quaker Oats decision to rebrand Aunt Jemima
  • Drafting an official company position for using ethnic and racial diversity in marketing imagery, to positively position your brand and protect it

1:30
Closing Remarks from the Chairs