Learning To Love Or At Least Tolerate Bill C-45 Marketing & Promotions Rules & Regulations

Article by High! Canada

Learning To Love Or At Least Tolerate Bill C-45 Marketing & Promotions Rules & Regulations

As far as cannabis promoon and markeng goes, the Canadian federal government lays it down and leaves it up to the rest of Canada to interpret it correctly or else. Knowledge is power…

Promotion

Non-application
16 Subject to the regulations, this Subdivision does not apply
(a) to a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts cannabis, a cannabis accessory or a service related to cannabis, or a brand element of any of those things, whatever the mode or form of its expression, if no consideration is given, directly or indirectly, for that use or depiction in the work, production or performance;
(b) to a report, commentary or opinion in respect of cannabis, a cannabis accessory or a service related to cannabis or a brand element of any of those things, if no consideration is given, directly or indirectly, for the reference to the cannabis, cannabis accessory, service or brand element in that report, commentary or opinion;
(c) to a promotion, by a person that is authorized to produce, sell or distribute cannabis, that is directed at any person that is authorized to produce, sell or distribute cannabis, but not, either directly or indirectly, at consumers; or
(d) to a promotion, by a person that sells or distributes cannabis accessories or that provides a service related to cannabis, that is directed at any person that sells or distributes cannabis accessories, at any person that is authorized to produce, sell or distribute cannabis, but not, either directly or indirectly, at consumers.
Promotion
17 (1) Unless authorized under this Act, it is prohibited to promote cannabis or a cannabis accessory or any service related to cannabis, including
(a) by communicating information about its price or distribution;
(b) by doing so in a manner that there are reasonable grounds to believe could be appealing to young persons;
(c) by means of a testimonial or endorsement, however displayed or communicated;
(d) by means of the depiction of a person, character or animal, whether real or fictional; or
(e) by presenting it or any of its brand elements in a manner that associates it or the brand element with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.
Exception — informational promotion — cannabis
(2) Subject to the regulations, a person that is authorized to produce, sell or distribute cannabis may promote cannabis by means of informational promotion or brand-preference promotion if the promotion is
(a) in a communication that is addressed and sent to an individual who is 18 years of age or older and is identified by name;
(b) in a place where young persons are not permitted by law;
(c) communicated by means of a telecommunication, where the person responsible for the content of the promotion has taken reasonable steps to ensure that the promotion cannot be accessed by a young person;
(d) in a prescribed place; or
(e) done in a prescribed manner.
Exception — informational promotion — cannabis accessories and services
(3) Subject to the regulations, a person may promote a cannabis accessory or a service related to cannabis by means of informational promotion or brand-preference promotion if the promotion is
(a) in a communication that is addressed and sent to an individual who is 18 years of age or older and is identified by name;
(b) in a place where young persons are not permitted by law;
(c) communicated by means of a telecommunication, where the person responsible for the content of the promotion has taken reasonable steps to ensure that the promotion cannot be accessed by a young person;
(d) in a prescribed place; or
(e) done in a prescribed manner.
Exception — point of sale — cannabis
(4) Subject to the regulations, a person that is authorized to sell cannabis may promote it at the point of sale if the promotion indicates only its availability, its price or its availability and price.
Exception — point of sale — cannabis accessory and services
(5) Subject to the regulations, a person that sells a cannabis accessory or provides a service related to cannabis may promote it at the point of sale if the promotion indicates only its availability, its price or its availability and price.
Exception — brand element on other things
(6) Subject to the regulations, a person may promote cannabis, a cannabis accessory or a service related to cannabis by displaying a brand element of cannabis, of a cannabis accessory or of a service related to cannabis on a thing that is not cannabis or a cannabis accessory, other than
(a) a thing that is associated with young persons;
(b) a thing that there are reasonable grounds to believe could be appealing to young persons; or
(c) a thing that is associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.
False promotion — cannabis
18 (1) It is prohibited to promote cannabis in a manner that is false, misleading or deceptive or that is likely to create an erroneous impression about its characteristics, value, quantity, composition, strength, concentration, potency, purity, quality, merit, safety, health effects or health risks.
False promotion — cannabis accessory
(2) It is prohibited to promote a cannabis accessory in a manner that is false, misleading or deceptive or that is likely to create an erroneous impression about its design, construction, performance, intended use, characteristics, value, composition, merit, safety, health effects or health risks.
Use of certain terms, etc.
19 It is prohibited to use any term, expression, logo, symbol or illustration specified in regulations made under paragraph 139(1)‍(z.‍1) in the promotion of cannabis, a cannabis accessory or a service related to cannabis.
Promotion using foreign media
20 It is prohibited to promote, in a way that is prohibited by this Part, cannabis, a cannabis accessory, a service related to cannabis or a brand element of any of those things in a publication that is published outside Canada, a broadcast that originates outside Canada or any other communication that originates outside Canada.
Sponsorship
21 It is prohibited to display, refer to or otherwise use any of the following, directly or indirectly in a promotion that is used in the sponsorship of a person, entity, event, activity or facility:
(a) a brand element of cannabis, of a cannabis accessory or of a service related to cannabis; and
(b) the name of a person that
(i) produces, sells or distributes cannabis,
(ii) sells or distributes a cannabis accessory, or
(iii) provides a service related to cannabis.
Name of facility
22 It is prohibited to display on a facility, as part of the name of the facility or otherwise, if the facility is used for a sports or cultural event or activity,
(a) a brand element of cannabis, a cannabis accessory or a service related to cannabis; or
(b) the name of a person that
(i) produces, sells or distributes cannabis,
(ii) sells or distributes a cannabis accessory, or
(iii) provides a service related to cannabis.
Publication, etc. of prohibited promotions
23 (1) It is prohibited to publish, broadcast or otherwise disseminate, on behalf of another person, with or without consideration, any promotion that is prohibited by any of sections 17 to 22.
Exception
(2) Subsection (1) does not apply
(a) in respect of the distribution for sale of an imported publication;
(b) in respect of broadcasting, as defined in subsection 2(1) of the Broadcasting Act, by a distribution undertaking, as defined in that subsection 2(1), that is lawful under that Act, other than the broadcasting of a promotion that is inserted by the distribution undertaking; and
(c) in respect of a person that disseminates a promotion if they did not know, at the time of the dissemination, that it includes a promotion that is prohibited under any of sections 17 to 22.
Inducements
24 (1) Unless authorized under this Act, it is prohibited for a person that sells cannabis or a cannabis accessory
(a) to provide or offer to provide cannabis or a cannabis accessory if it is provided or offered to be provided without monetary consideration or in consideration of the purchase of anything or service or the provision of any service;
(b) to provide or offer to provide anything that is not cannabis or a cannabis accessory, including a right to participate in a game, draw, lottery or contest, if it is provided or offered to be provided as an inducement for the purchase of cannabis or a cannabis accessory; or
(c) to provide or offer to provide any service if it is provided or offered to be provided as an inducement for the purchase of cannabis or a cannabis accessory.
Exception — cannabis
(2) Subject to the regulations, subsection (1) does not apply in respect of a person that is authorized to sell cannabis that provides or offers to provide anything, including cannabis or a cannabis accessory, or service referred to in any of paragraphs (1)‍(a) to (c) to a person that is authorized to produce, sell or distribute cannabis.
Exception — cannabis accessory
(3) Subject to the regulations, subsection (1) does not apply in respect of a person that sells a cannabis accessory that provides or offers to provide anything, including cannabis or a cannabis accessory, or service referred to in any of paragraphs (1)‍(a) to (c) to a person that is authorized to produce, sell or distribute cannabis.

See original article here.

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