Until recently, Québec residents were frequently excluded from publicity contests, as a number of formalities had to be completed with the Régie des alcools, des courses et des jeux (the "Régie") in order for certain publicity contests to be legally held in Quebec. But the rules of the game have recently changed.
On October 27, 2023, the new provisions of the Loi modifiant diverses dispositions principalement aux fins d'allègement du fardeau réglementaire et administratif2 came into force, repealing the formalities required by the Régie to hold specific publicity contests in Québec. This news is very welcome for Québec consumers, who will now be able to take part in more publicity contests around the world, in the interests of inclusion. Companies, too, can be pleased with the regulatory changes, as they will have one more card in their advertising deck.
However, publicity contests are not exempt from all rules in Québec and Canada. For instance, the Criminal Code3, the Charter of the French Language4 and the Competition Act5 may apply, in addition to advertising standards specific to specific fields6. The Régie also still has jurisdiction over certain contests that were notified to it before October 27, 20237. Nevertheless, it is a safe bet that companies will benefit from the regulatory relief.
Footnotes
1 Caroline Jonnaert is a Lawyer, Trademark Agent and Partner, and Stéphanie Karam is an Associate at ROBIC, L.L.P., a multidisciplinary firm of Lawyers and Patent and Trademark Agents. They would like to thank Charles-Étienne Ostiguy for his contribution to the writing of this article.
2 Loi modifiant diverses dispositions principalement aux fins d'allègement du fardeau réglementaire et administratif, L.Q. 2023, c-24.
3 See: Criminal code,RCL 1985, c C-46, s. 206.
4 See: Charter of the French language, RLRQ c. C-11, s. 55 et 58.
5 See: Competition Act, RCL 1985, c C-34, s. 74.06.
6 See: Food and Drugs Act, RCL 1985, c F-27, s. 3(1).
7 Régie des alcools, des courses et des jeux, « Organisateur de concours publicitaires », 27 octobre 2023, online, only available in French : https://www.racj.gouv.qc.ca/en/changements-legislatifs/changements-legislatifs/actualiser-lencadrement-de-la-vente-et-de-la-fabrication-dalcool-et-mettre-fin-a-celui-des-concours-publicitaires/organisateur-de-concours-publicitaires.html.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.