Annual
ADVERTISING & MARKETING LAW
January 27–28, 2025 | One King West Hotel, Toronto
Your Guide to The Latest Legal and Regulatory Developments Impacting the Canadian Advertising and Marketing Landscape
Conference Co-Chairs
Kelly Harris Partner Harris + Co
Geneviève P. Richard Sr. Legal Counsel Rogers Communications
Insights from Key Regulatory Bodies
Katherine Armstrong Deputy Director, National Advertising Division BBB National Programs
Catherine Bate President & Chief Legal Officer Ad Standards
• 1Milk2Sugars Inc.
• ARTIZIA
• Canadian Gaming Association
• Cineplex
• Labatt Breweries of Canada
Senior Legal Counsel, Marketing & Privacy
Josephine Palumbo Deputy Commissioner of Competition Competition Bureau Canada
Shelley Samel Chief Legal Officer Ad Standards Plus! In-House Insights from
• Mazda Canada Inc.
• Mastercard Canada
• Phillips Canada
• Psycho Bunny
• RBC
• Scotiabank
• The Coca-Cola Company
• TIFF
• Walmart Canada
• Wattpad WEBTOON Studios And more!
Pavan Virdee
Unilever
The Canadian Institute’s 31st Annual Conference on Advertising & Marketing Law is returning to Toronto this January, offering a comprehensive, in-person experience!
Get ahead of emerging trends and challenges in the advertising world, from AI and environmental claims to privacy regulations and consumer protection. Delve into the complexities of influencer marketing, compliance for promotional contests, advertising to children, and strategic partnerships. Stay informed on the latest in subscription services, gambling regulations, and more, as you prepare for the shifting legal landscape.
Stay ahead of the curve with exclusive insights and real-world strategies from a faculty of top legal and industry professionals who will help you:
ĉ Stay compliant with the latest Competition Act changes impacting advertising
ĉ Master new Consumer Protection Act rules for subscription-based advertising
ĉ Explore AI's game-changing impact on advertising law
ĉ Mitigate influencer marketing risks with a robust legal approach
ĉ Stay ahead of Bill-96’s impact on marketing, trademarks, and privacy in Quebec Register today for Canada’s premier advertising conference! Gain valuable insights, connect with industry leaders, and enhance your understanding of the advertising landscape. Don’t miss out—secure your spot now!
WHO YOU WILL MEET
ĉ In-House Counsel from all industries with responsibility for advertising, marketing and promotion
ĉ Law Firm Attorneys with practices in:
• Marketing & Advertising
• Competition
• Privacy
ĉ Government and Commission lawyers
ĉ Privacy Officers, CASL Compliance Officers
ĉ Directors, CEOs, VPs, and Managers of:
• Compliance
• Advertising
• Marketing
• Promotions
• Public or Consumer Relations
• Online/Social Media
Don’t miss out on shaping the future of Canadian advertising law!
DISTINGUISHED FACULTY
Kelly Harris Partner Harris + Co
Luciana Andrade Legal Counsel, Privacy & Compliance Philips Canada
Katherine Armstrong Deputy Director, National Advertising Division BBB National Programs
Catherine Bate President and CEO Ad Standards
René Bissonnette Partner Gowling WLG
Evie Bouras Counsel | Conseil McCarthy Tétrault LLP
Paul Burns President Canadian Gaming Association
James Catsburg Managing Counsel, Head, Intellectual Property, Marketing & Sponsorship RBC
Michi Furuya Chang Executive Vice President Public Policy, Regulatory Affairs and Head, Division Strategy Food, Health & Consumer Products of Canada
Christopher A. Cole Partner Katten, Muchin & Rosenman
Dan Edmondstone Partner McMillian Burtley G. Francis Partner Stewart McKelvey
Conference Co-Chairs
Geneviève P. Richard Sr. Legal Counsel Rogers Communications
Distinguished Speaker Faculty
Jason W. Gordon Partner Reed Smith LLP
Ruth Goudie President & Partner 1Milk2Sugars Inc.
Nita Khare Corporate Counsel Walmart Canada
Scott Kirkpatrick Vice President, Head of Legal for North America Marketing and General Counsel The Coca-Cola Company
Candice Kloes Counsel Borden Ladner Gervais LLP
Nicole Kutlesa Senior Legal Counsel Scotiabank
Pei Li (she, her, hers) Partner Blakes
Elizabeth Manley Executive Director, Regulatory Affairs & Chief Privacy Officer Cineplex
Sarah Mansour General Counsel Mazda Canada Inc.
Jason Moscovici Founding Partner Provisions Legal Services Inc.
Marisa Muchnik General Counsel, Canada Ferrero Canada Ltd
Pavan Virdee
Senior Legal Counsel, Marketing & Privacy Unilever
Teodora Niculae Senior Legal Counsel Mastercard Canada
Adam Nickerson Sr. Legal Counsel Labatt Breweries of Canada
Josephine Palumbo Deputy Commissioner of Competition Competition Bureau Canada
Stephanie Provato Counsel TIFF
Alex Remondini Legal Counsel, Marketing ARITZIA
Shelley Samel Chief Legal Officer Ad Standards
Mark Smith Founder & CEO Purdy Smith
Elleni Tsatoumas VP Legal Psycho Bunny
Alice Tseng Principal Smart & Biggar LLP
Kate Wallace Influencer and Founder, Kate Ellen
Brand Portfolio Lead, Mars
Laura White
Senior Corporate Counsel Mercedes-Benz Canada
Austin Wong
Head of Legal and Business Affairs
Wattpad WEBTOON Studios
DAY ONE January 27, 2025
7:15 Registration and Networking Breakfast
8:15 Opening Remarks from the Co-Chairs
Kelly Harris Partner Harris + Co
Geneviève P. Richard Sr. Legal Counsel Rogers Communications
Pavan Virdee Senior Legal Counsel, Marketing & Privacy Unilever
8:30 Industry Roundtable: Adapting to the Evolving Landscape of Canadian Advertising and Marketing Law
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.
Marisa Muchnik General Counsel, Canada Ferrero Canada Ltd
Teodora Niculae
Senior Legal Counsel Mastercard Canada
9:30 Focus on Greenwashing: What Every Advertising and Marketing Attorney Needs to Know About
Environmental Claims Under Bill C-59
Bill C-59 empowers consumers to challenge deceptive environmental claims, imposing financial and other penalties on advertisers making unsubstantiated environmental claims about their products, business or business activity. It requires companies to rigorously substantiate sustainability efforts under increasing scrutiny from regulators and consumers, which may lead to 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
» Exploring 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
Katherine Armstrong Deputy Director, National Advertising Division BBB National Programs
Sarah Mansour General Counsel Mazda Canada Inc.
Pei Li (she, her, hers) Partner Blakes
• 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
Global Sponsorship Opportunities
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Don’t miss the opportunity to maximize participation or showcase your organization’s services and talent. For more information please contact us at: SponsorInfo@CanadianInstitute.com
Elleni Tsatoumas VP Legal Psycho Bunny
10:30 Morning Networking Break
10:45 Reflections and Case Study on Subscription-Based Services: Impact of Recent Provincial Amendments to Consumer Protection Laws on Advertising Practices
• 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 how the revamped Ontario Consumer Protection Act will affect 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
Dan Edmondstone Partner McMillian
Nita Khare Corporate Counsel
Walmart Canada
Laura White
Mercedes-Benz Canada
Mercedes-Benz Canada
11:45 Dark Patterns Revisited: Navigating the Next Chapter of Compliance and Prevention
• 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 law to prevent dark patterns
• Identifying the legal and reputational risks associated with engaging in dark patterns and developing strategies for compliance
12:30 Networking Luncheon
KEYNOTE
Christopher A. Cole Partner
Katten, Muchin & Rosenman
Elizabeth Manley
Executive Director, Regulatory Affairs & Chief Privacy Officer
Cineplex
1:45 Navigating the New Canadian Advertising Landscape: Recent Amendments to the Competition Act and Their Impact on Marketing Laws
Josephine Palumbo Deputy Commissioner of Competition Competition Bureau Canada
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DAY ONE January 27, 2025
2:15 Mastering the Evolving Rules of Promotional Contests – Insights on Risk Management, Fair Disclosure, and Third-Party Collaborations
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
3:15 Afternoon Networking Break
James Catsburg
Managing Counsel, Head, Intellectual Property, Marketing & Sponsorship RBC
Stephanie Provato Counsel TIFF
Moderator: Candice Kloes Counsel
Borden Ladner Gervais LLP
3:30 The Competition Bureau’s $39M Drip Pricing Case Against Cineplex
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
4:30 Closing Remarks Networking Cocktail Reception
Media Partners:
EARN CPD CREDITS
Burtley G. Francis Partner
Stewart McKelvey
This program can be applied towards 11.50 hours of annual Continuing Professional Development (CPD) required by the Law Society of Upper Canada.
Members of the Law Society of Saskatchewan seeking accreditation for an out of province activity are requested to submit the CPD Activity Application Form and agenda directly to the LSS for approval. The form is available on the LSS Website.
The same number of hours may be applied toward your continuing legal education requirements in British Columbia. The Barreau du Quebec automatically recognizes the same number of hours for this training activity, the latter having been accredited by another Law Society subject to MCLE.
Attendance at this program by members of the Law Society of Alberta may be submitted to the Law Society for Continuing Professional Development credits.
Remarks from the Co-Chairs
8:35 The Next Stage of Artificial Intelligence: Where Will We Go Next? AI and Its Impact on Advertising and Marketing
Law in Canada
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
Senior Legal Counsel Mastercard Canada
Alex Remondini Legal Counsel, Marketing ARITZIA
Austin Wong Head of Legal and Business Affairs Wattpad WEBTOON Studios
9:30 Influencer Risk Working Group: A 360 Approach to Mitigating Liabilities in Influencer Advertising
and Promotions
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
10:45 Morning Networking Break
Teodora Niculae
Moderator:
Nicole Kutlesa
11:00 Navigating the Regulation of Fake Online Reviews: Balancing Transparency and Trust
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
Alice Tseng Principal Smart & Biggar LLP
Moderator: René Bissonnette Partner Gowling WLG
11:45 Advertising Food to Children – Take 2 – Exploring the Latest Developments on the Code for Children’s Food and Beverage Advertising 18 Months After Adoption
• 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
12:45 Networking Luncheon
Catherine Bate President and CEO Ad Standards
Michi Furuya Chang Executive Vice President, Public Policy, Regulatory Affairs and Head, Division Strategy Food, Health & Consumer Products of Canada
1:45 Cross-Border Comparative on Advertising and Privacy: Canadian, American, and European Perspectives
Join our panel to explore the implications of privacy regulations in Canada, the U.S., and Europe, including Quebec’s 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
Adam Nickerson Sr Legal Counsel Labatt Breweries of Canada
Jason W. Gordon Partner Reed Smith LLP
Mark Smith Founder & CEO Purdy Smith
2:30 Special Focus on Quebec’ Bills 96 and 64: Practical Guidance Regarding Advertising, Trademarks, Labeling, and Privacy
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
3:15 Afternoon Networking Break
Luciana Andrade Legal Counsel, Privacy & Compliance Philips Canada
Jason Moscovici Founding Partner Provisions Legal Services Inc.
3:30 Developing Responsible Advertising Guidelines for Gaming and Gambling Advertising: The Pursuit of Self-Regulation
• 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
Paul Burns President Canadian Gaming Association
Shelley Samel Chief Legal Officer Ad Standards
Evie Bouras Counsel | Conseil McCarthy Tétrault LLP
4:15 Closing Remarks End of Conference
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