Agenda
Day 1
January 27, 2025
Registration and Continental Breakfast
Marisa MuchnikGeneral Counsel, CanadaFerrero Canada Ltd
Teodora NiculaeSenior Legal CounselMastercard Canada
Elleni TsatoumasVP LegalPsycho Bunny
Join industry leaders, legal authorities, and marketing professionals for a dynamic roundtable discussion on the ever-changing landscape of advertising and marketing law in Canada. Featuring real-world case studies and actionable insights, this session will provide an interactive platform for sharing experiences, addressing challenges, and gaining a deeper understanding of the legal complexities shaping Canada’s advertising industry.
Focus on Greenwashing: What Every Advertising and Marketing Attorney Needs to Know About Environmental Claims Under Bill C-59
Katherine ArmstrongDeputy Director, National Advertising DivisionBBB National Programs
Sarah MansourGeneral CounselMazda Canada Inc.
Bill C-59 empowers consumers to challenge deceptive environmental claims, imposing financial and other penalties on advertisers making environmental claims about their products, business or business activity. It requires advertising companies to rigorously substantiate sustainability efforts, increasing scrutiny from regulators and consumers, with potential litigation and broader impacts on brand credibility. Points of discussion include:
- Understanding the role of consumer activism in enforcing transparency in environmental claims, including the new remedy (effective summer 2025) allowing “public interest” access to the Competition Tribunal for remedies related to misleading advertising
- Explore the expanded remedies available to public interest claimants, such as NGOs, including penalties, restitution, and public corrective notices under section 74.1 of the Competition Act
- Analyzing the U.S. perspective, focusing on FTC and NAD guidance relative to green claims
- Evaluating potential regulatory overreach and its impact on genuine corporate sustainability initiatives
- Reviewing greenwashing guidance, including two new provisions in Bill C-59 related to product claims and business activities
- Examining how the requirement for an “internationally recognized methodology” could increase scrutiny on general sustainability claims and pose a significant risk for businesses, especially after the 2025 remedy implementation
Morning Networking Break
Reflections and Case Study on Subscription-Based Services: Impact of Recent Provincial Amendments to Consumer Protection Laws on Advertising Practices
Dan EdmondstonePartnerMcMillian
Nita KhareCorporate CounselWalmart Canada
Laura WhiteSenior Corporate CounselMercedes-Benz Canada
- Examining how recent provincial consumer protection activity will impact advertising practices -especially in the area of subscription-based services at both the provincial and national level
- Understanding the revamped Ontario Consumer Protection Act and its impact on online and subscription-based services
- Analysing new consumer protection legislation in Ontario and New Brunswick, and its expected market impact
- Addressing compliance challenges for subscription-based services and online consumer contracts
- Anticipating new developments and ensuring adherence to provincial consumer protection standards
Christopher A. ColePartnerKatten Muchin Rosenman LLP
Elizabeth ManleyDirector, Trademarks and Marketing LawCineplex
- Examining the Competition Bureau’s stance on dark patterns, including current prohibitions and guidelines
- Exploring recent US enforcement activities related to dark patterns and understanding how these could influence regulatory approaches and enforcement in Canada
- Analyzing emerging regulatory trends and potential future developments in Canadian advertising and marketing regarding dark patterns
- Identifying the legal and reputational risks associated with engaging in dark patterns and discuss strategies for compliance
Networking Lunch
PANEL
Mastering the Evolving Rules of Promotional Contests –Insights on Risk Management, Fair Disclosure, and Third-Party Collaborations
James CatsburgManaging Counsel, Head, Intellectual Property, Marketing & SponsorshipRBC
Stephanie ProvatoCounselTIFF
Candice KloesCounsel Borden Ladner Gervais LLP
This panel will provide attendees with actionable insights into the legal and practical aspects of running promotional contests, with a special focus on collaboration with third parties and risk. Points addressed will include:
- Navigating the legal rules for promotional contests, including the criminal code, federal competition act, and Quebec lotteries legislation
- Developing engaging and compliant promotions as part of advertising campaigns, with insights on contest design
- Implementing best practices for clear disclosures, covering monetary value, regional allocation, and odds of winning to meet legal standards
- Structuring contests to avoid common pitfalls and manage potential issues effectively
- Identifying the complexities of running contests with third-party partnerships, collaboration, assessing the risks of sponsorship or provision
Afternoon Networking Break
During this session, we will examine the Competition Bureau’s recent lawsuit against Cineplex Inc., which alleges that Cineplex engaged in misleading advertising through drip pricing. Specifically, the Bureau claims that Cineplex advertised lower ticket prices than what customers were ultimately required to pay by adding a mandatory booking fee. As a result, Cineplex was fined $38.9 million by the Competition Tribunal for deceptive marketing practices. Key topics include:
- Defining Drip Pricing under the Competition Act
- Consumer Impact and how Cineplex’s pricing misled buyers
- Legal Actions & Penalties, including Cineplex’s appeal
Closing Remarks Networking Cocktail Reception
Day 2
January 28, 2025
Registration and Continental Breakfast
The Next Stage of Artificial Intelligence: Where Will We Go Next? AI and Its Impact on Advertising and Marketing Law in Canada
Teodora NiculaeSenior Legal CounselMastercard Canada
Alex RemondiniLegal Counsel, Marketing ARITZIA
Austin WongHead of Legal and Business AffairsWattpad WEBTOON Studios
This session explores the next stage and future of AI in advertising and marketing, focusing on emerging opportunities, evolving risks, and the legal challenges within Canada’s regulatory framework.
- Exploring AI’s impact on advertising, focusing on privacy concerns, bias, and intellectual property
- Examining current and upcoming AI-related legislation in Canada and its implications for the industry
- Identifying innovative AI-driven advertising strategies, while addressing potential risks and ethical challenges
- Understanding how Canadian laws apply to AI-powered marketing and the role of regulatory bodies in ensuring compliance
- Showcasing best practices for leveraging AI in advertising, with insights into balancing innovation with legal and ethical standards
- Providing guidance on AI procurement, from selecting vendors to drafting contracts and integrating AI tools
PANEL
Influencer Risk Working Group: A 360 Approach to Mitigating Liabilities in Influencer Advertising and Promotion
Ruth GoudiePresident & Partner1Milk2Sugars Inc.
Kate WallaceInfluencer and FounderKate Ellen
Brand Portfolio Lead
Mars
Nicole KutlesaSenior Legal CounselScotiabank
Kelly HarrisPartnerHarris + Co
The panel will provide actionable insights on managing influencer relationships, negotiating contracts, and crafting successful marketing strategies. Attendees will gain practical tips on collaboration, legal considerations, and effective partnership strategies from real-world case studies.
- Exploring how large-scale influencers are managed and the evolving dynamics of influencer relationships
- Understanding emerging themes around content ownership, license rights, and key contractual terms in influencer partnerships
- Examining exclusivity clauses in influencer contracts, including restrictions, opportunities, and why influencers turn down brands
- Identifying best practices and common threads that contribute to successful influencer programs and long-term partnerships
- Developing effective communication techniques, aligning goals, and understanding partner perspectives to facilitate smoother negotiations
- Negotiating use rights from both brand and influencer perspectives, ensuring fair terms while maintaining creative control
- Developing best practices for agencies and brands on collaborating with influencers to build effective and mutually beneficial relationships
Morning Networking Break
Alice TsengPrincipalSmart & Biggar LLP
René BissonnettePartnerGowling WLG
Join our panel as we explore the intricacies of regulating fake online reviews and the challenges of maintaining consumer trust and platform integrity under recent FTC guidelines.
- Examining how consumers differentiate between genuine and fake reviews and the impact on their purchasing decision
- Assessing platform responsibilities: discuss how e-commerce platforms should monitor and regulate reviews without discouraging genuine user participation
- Evaluating regulatory strategies: explore how regulators can enforce transparency while promoting a healthy and engaging online review environment
- Implementing effective guidelines: understand the complexities of applying recent FTC guidelines to enhance transparency without undermining platform integrity and user trust
Advertising Food to Children – Take 2 – Exploring the Latest Developments on the Code for Children’s Food and Beverage Advertising 18 Months After Adoption
Catherine BatePresident and CEOAd Standards
Michi Furuya ChangExecutive Vice President Public Policy, Regulatory Affairs and Head, Division Strategy Food, Health & Consumer Products of Canada
- Analyzing the Code’s Evolution: Understand the recent changes in the Ad Standards guidance for advertising food to children
- Applying the Standards: Discuss how these new guidelines have been applied in practice
- Examining Restrictions: Analyze the government’s proposal to ban “unhealthy foods” high in fat, sugar, and sodium, and its implications for Canadian advertisers
- Adapting Practices: Learn how agencies, advertisers, and legal professionals nationwide have adjusted their practices and policies to comply with these new regulations
- Exploring Exceptions: Identify and understand the exceptions in the new proposals and why they matter to the industry
Networking Lunch
Navigating Privacy Regulations in Advertising: Global Perspectives and Quebec’s Bill-96 Compliance Challenges
Part 1
Cross-Border Comparative on Advertising and Privacy: Canadian, American, and European Perspectives
Adam NickersonSr Legal CounselLabatt Breweries of Canada
Join our panel to explore the implications of Quebec’s privacy regulations, including Bill-96, and their impact on advertising and marketing practices. Topics include:
- Reviewing language standards and privacy implications for banner ads across Canadian, U.S., and European markets
- Evaluating private rights of action and enforcement actions affecting advertising in North America and the EU
- Comparing the use of non-French trademarks on product packaging in Canada with U.S. and EU labeling practices
Part 2
Special Focus on Quebec’s Bills 96 and 64: Practical Guidance Regarding Advertising, Trademarks, Labeling, and Privacy
Luciana AndradeLegal Counsel, Privacy & CompliancePhilips Canada
Jason MoscoviciPartnerROBIC
In the last quarter of 2024, Quebec achieved two critical milestones with significant legislative developments. The first being the final version of the amended Regulation respecting the language of commerce and business under Bill 96 and the other, being the Data portability rights coming into force in September under Bill 64 (Act 25). Join us for this Quebec focussed session where we will:
- Examine the final updates to Quebec’s Language Law Regulations and their impact on advertising, labeling, trademarks, and publicity
- Review updates on privacy, including the new standards governing data portability and best practices
Afternoon Networking Break
Developing Responsible Advertising Guidelines for Gaming and Gambling Advertising: The Pursuit of Self-Regulation
Shelley SamelChief Legal OfficerAd Standards
Paul BurnsPresidentCanadian Gaming Association
- Developing responsible advertising guidelines: reviewing efforts by Canadian gaming associations to create responsible advertising guidelines
- Delving into compliance: designing best practices for advertising within the legal framework, including adherence to Canadian advertising standards
- Addressing and resolving complaints in the gaming and gambling sector relative to advertising, with insights from Ad Standards