On October 27, 2023, the province of Quebec made significant changes to its rules relating to publicity contests open to Quebec residents.
In this regard, it repealed the provisions of its provincial Act respecting lotteries, publicity contests, and amusement machines relating to publicity contests and repealed its former rules regarding publicity contests.
The former legislation was amended by Bill 17 (Act to amend various provisions for the main purpose of reducing regulatory and administrative burden, L.Q. 2023, chapter 24, articles 78 to 94, 98 and 99).
The Explanatory Notes accompanying Bill 17 state that:
“… the bill abolishes all specific standards for publicity contests, including the standard imposing the payment of duties to the Régie des alcools, des courses et des jeux for the holding of such contests.”
As such, sponsors of contests open to Quebec residents no longer must formally file their contests with the Régie des alcools, des courses et des jeux (Régie) or pay duty (in the past, essentially a fee) to the Régie based on the value of contest prizes, file a winners report at the end of a contest or post security in Quebec, where which was formerly required in some cases.
Other requirements applying to publicity contests run in Quebec were also eliminated, including the necessity to include specific Quebec-related disclosure language in promotional contest rules and seek permission from the Régie for contest modifications after the launch of a contest.
Quebec’s previous legal requirements for promotional contests open to residents of Quebec meant that contest sponsors running contests in Canada needed to either exclude residents of Quebec (commonly with contest language that a contest was “open to Canadians, excluding Quebec”) or comply with a number of additional filing, duty (i.e., fee), disclosure and potentially bonding (i.e., security) requirements in Quebec.
In reality, these additional Quebec-specific Canadian contest requirements meant that many sponsors of Canadian contests excluded their promotions from Quebec.
The key impact of these recent Quebec legislative changes means that it will now be significantly easier (and cost effective) for contest sponsors to run Canada-wide contests including those marketed to Quebec residents.
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CANADIAN CONTEST & ADVERTISING LAW SERVICES
We are a Toronto based competition and advertising law firm that offers business and individual clients efficient and strategic advice in relation to Canadian competition and advertising laws, including contests/sweepstakes and other types of promotions. Our experience includes advising Canadian and U.S. clients in relation to Canadian contest/sweepstakes, advertising/marketing and competition/antitrust laws.
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