[troutman]

http://www.ucalgary.ca/biztechlaw/node/203

WHAT LEGISLATION PROTECTS THE CONSUMER FROM MISLEADING ADVERTISING, DECEPTIVE PRICING PRACTICES, AND OTHER FORMS OF CONSUMER ABUSE?

Advertising in any form is highly regulated in Canada. Legislation exists at the federal, provincial and municipal level. In addition, there is a well-developed body of case law.

Federal legislation includes advertising provisions in the Competition Act, the regulation of lotteries, counterfeiting and trading stamps under the Criminal Code, the Food and Drugs Act, the Consumer Packaging and Labelling Act, the Textile Labelling Act, the Hazardous Products Act, the Copyright and Trademark Acts and the Broadcast Act.

Many provinces have also introduced "business practice" acts which prohibit the making of false or deceptive representations to consumers. All provinces also have strict disclosure requirements in the advertising of credit. Some provide that claims in advertising have the same effect as if they were product warranties.[6] All provinces also regulate the promotion of alcoholic beverages.

Municipal governments have also entered the fray and many have enacted bylaws regulating the kind and size of outdoor advertising sign. In addition, some municipalities require licences for certain advertised sales, i.e., bankruptcy, fire and other "closing out sales".

Case law also provides some protection. The Law of Libel for example, imposes real limits on comparison advertising. The law of passing off prevents a merchant from deceiving the public as to the origin or manufacturer of goods. Case law has also developed to impose fairness in contest promotions and in skill- testing questions.

Breach of statutory provisions can lead to personal as well as corporate charges, substantial fines and, in some cases, imprisonment. Perhaps the most important piece of legislation in this regard is the Competition Act.

http://www.qp.alberta.ca/1266.cfm?pa...=9780779737963