[39] Bill 175 Original (PDF)
Bill 175 2011
An Act to protect children from targeted advertising and inducements with respect to unhealthy food and drink
Note: This Act amends the Consumer Protection Act, 2002. For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Consumer Protection Act, 2002 is amended by adding the following Part:
PART III.1
advertising food or drink
Interpretation
19.1 In this Part,
"unhealthy food or drink" means any food or drink that is prescribed as being unhealthy.
Advertising directed at persons under 13 years of age
19.2 Subject to any limitations that are prescribed, no person shall make use of commercial advertising for unhealthy food or drink that is directed at persons under 13 years of age.
Criteria of intent
19.3 To determine whether an advertisement for unhealthy food or drink is directed at persons under 13 years of age, account must be taken of the context of its presentation, and in particular of,
(a) the nature and intended purpose of the goods advertised;
(b) the manner of presenting the advertisement;
(c) the time and place the advertisement is shown; and
(d) any other prescribed factors.
2. The Act is amended by adding the following section:
Advertising directed at persons under 13 years of age
109.1 (1) If, after receiving and making inquiries about a complaint, the Director believes on reasonable grounds that any person is making use of commercial advertising of unhealthy food or drink that is directed at persons under 13 years of age in contravention of Part III.1, the Director may order the person to cease the advertising.
Application of s. 109
(2) Subsections 109 (3) to (11) apply to an order made under this section.
3. Clause 116 (1) (b) of the Act is amended by adding the following subclause:
(ii.1) in respect of Part III.1, Advertising Food or Drink, section 19.2,
4. Section 123 of the Act is amended by adding the following subsections:
Lieutenant Governor in Council regulations: Part III.1
(4.1) The Lieutenant Governor in Council may make regulations prescribing food or drink as unhealthy for the purposes of the definition of "unhealthy food or drink" in Part III.1.
Factors when making regulations
(4.2) When making a regulation under subsection (4.1), the Lieutenant Governor in Council shall have regard for,
(a) nutritional guidelines published by the Ontario Ministry of Health and Long-Term Care or another ministry in Ontario;
(b) nutritional guidelines published by Health Canada; and
(c) the degree to which the food or drink is calorie-dense or nutrient-poor.
Commencement
5. This Act comes into force on the day it receives Royal Assent.
Short title
6. The short title of this Act is the Consumer Protection Amendment Act (Protecting Children from Targeted Advertising of Unhealthy Food and Drink), 2011.
EXPLANATORY NOTE
The Bill amends the Consumer Protection Act, 2002 to prohibit advertising of unhealthy food and drink that is directed at persons under 13 years of age. Unhealthy food and drink is defined to include food or drinks that are prescribed by regulation as being unhealthy. Various guidelines are to be taken into consideration when prescribing what food or drink is unhealthy. Various factors are to be taken into consideration when determining whether particular advertising is directed to persons under 13 years of age.
The Bill amends the Act to allow the Director to order a person to cease advertising if, after receiving and making inquiries about a complaint, the Director believes on reasonable grounds that the person is making use of commercial advertising of unhealthy food or drink that is directed at persons under 13 years of age in contravention of the Act.
Currently, a person is guilty of an offence under the Act if the person fails to comply with any order or requirement under the Act. The Bill amends the Act to specify that a person is guilty of an offence if the person fails to comply with the prohibition of commercial advertising of unhealthy food or drink that is directed at persons under 13 years of age.