Consumer Protection Amendment Act (Protecting Children from Targeted Advertising of Unhealthy Food and Drink), 2011 Marchese, Rosario — Bill 175 (39th Parliament, 2nd Session)

Bill 175, 39-2

Ontario — Bills

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Bill 175, Consumer Protection Amendment Act (Protecting Children from Targeted Advertising of Unhealthy Food and Drink), 2011

Marchese, Rosario

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[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,

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.

Date Bill stage Activity Committee

March 31, 2011

First Reading

Carried

Debates and Progress

First Reading

March 31, 2011

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 175

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Consumer Protection Act, 2002

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 175, 39-2
Type	bill
Volume / chapter	p39 s2 bill 175 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	dc3e6e8d77daece4c5037e18e5ca517c2547499a

Source file is stored in the law ingest library (html).