C-5.3 - Cannabis Regulation Act

Section 53 Disposition versions

2020-01-01

53. All direct or indirect advertising for the promotion of cannabis, a brand of cannabis, the Société québécoise du cannabis or a cannabis producer is prohibited where the advertising

(1)  is directed at minors;

(2)  is false or misleading, or is likely to create an erroneous impression about the characteristics, health effects or health hazards of cannabis;

(3)  directly or indirectly associates the use of cannabis with a particular lifestyle;

(4)  uses testimonials or endorsements;

(5)  uses a slogan;

(6)  contains a text that refers to real or fictional persons, characters or animals;

(7)  contains anything apart from text, with the exception of an illustration of the package or packaging of cannabis occupying not more than 10% of the surface area of the advertising material; or

(8)  is disseminated otherwise than

(a)  in printed newspapers and magazines that are sent and addressed to a person 21 years of age or over who is identified by name; or

(b)  by means of signage visible only from the inside of a cannabis retail outlet.

However, advertising that is intended to provide consumers with factual information about cannabis, including about the price or the intrinsic characteristics of cannabis, brands of cannabis and the Société, is permitted to the extent that it does not constitute advertising or a form of advertising prohibited under the first paragraph. Despite subparagraph 8 of the first paragraph, the Société may nevertheless communicate such factual information to consumers on its cannabis sales website, provided it takes all the measures necessary to ensure that persons under 21 years of age cannot access it.

Advertising disseminated in printed newspapers or magazines that are sent and addressed to a person 21 years of age or over who is identified by name must include the warning attributed to the Minister and prescribed by regulation concerning the harmful effects of cannabis on health. The advertising must be forwarded to the Minister on being disseminated. The Minister may, by regulation, prescribe the warning required under this paragraph and the standards applicable to such a warning.

The Government may, by regulation, determine standards relating to advertising.

Anyone who contravenes the first or third paragraph or a regulation made under the fourth paragraph commits an offence and is liable to a fine of $5,000 to $500,000. Those amounts are doubled for a subsequent offence.

2018, c. 19, s. 19; 2019, c. 21, s. 20.

2018-10-17

53. All direct or indirect advertising for the promotion of cannabis, a brand of cannabis, the Société québécoise du cannabis or a cannabis producer is prohibited where the advertising

(1)  is directed at minors;

(2)  is false or misleading, or is likely to create an erroneous impression about the characteristics, health effects or health hazards of cannabis;

(3)  directly or indirectly associates the use of cannabis with a particular lifestyle;

(4)  uses testimonials or endorsements;

(5)  uses a slogan;

(6)  contains a text that refers to real or fictional persons, characters or animals;

(7)  contains anything apart from text, with the exception of an illustration of the package or packaging of cannabis occupying not more than 10% of the surface area of the advertising material; or

(8)  is disseminated otherwise than

(a)  in printed newspapers and magazines that are sent and addressed to a person of full age who is identified by name; or

(b)  by means of signage visible only from the inside of a cannabis retail outlet.

However, advertising that is intended to provide consumers with factual information about cannabis, including about the price or the intrinsic characteristics of cannabis, brands of cannabis and the Société, is permitted to the extent that it does not constitute advertising or a form of advertising prohibited under the first paragraph. Despite subparagraph 8 of the first paragraph, the Société may nevertheless communicate such factual information to consumers on its cannabis sales website, provided it takes all the measures necessary to ensure that minors cannot access it.

Advertising disseminated in printed newspapers or magazines that are sent and addressed to a person of full age who is identified by name must include the warning attributed to the Minister and prescribed by regulation concerning the harmful effects of cannabis on health. The advertising must be forwarded to the Minister on being disseminated. The Minister may, by regulation, prescribe the warning required under this paragraph and the standards applicable to such a warning.

The Government may, by regulation, determine standards relating to advertising.

Anyone who contravenes the first or third paragraph or a regulation made under the fourth paragraph commits an offence and is liable to a fine of $5,000 to $500,000. Those amounts are doubled for a subsequent offence.

2018, c. 19, s. 19.

Not in force

In force: 2018-10-17

53. All direct or indirect advertising for the promotion of cannabis, a brand of cannabis, the Société québécoise du cannabis or a cannabis producer is prohibited where the advertising

(1)  is directed at minors;

(2)  is false or misleading, or is likely to create an erroneous impression about the characteristics, health effects or health hazards of cannabis;

(3)  directly or indirectly associates the use of cannabis with a particular lifestyle;

(4)  uses testimonials or endorsements;

(5)  uses a slogan;

(6)  contains a text that refers to real or fictional persons, characters or animals;

(7)  contains anything apart from text, with the exception of an illustration of the package or packaging of cannabis occupying not more than 10% of the surface area of the advertising material; or

(8)  is disseminated otherwise than

(a)  in printed newspapers and magazines that are sent and addressed to a person of full age who is identified by name; or

(b)  by means of signage visible only from the inside of a cannabis retail outlet.

However, advertising that is intended to provide consumers with factual information about cannabis, including about the price or the intrinsic characteristics of cannabis, brands of cannabis and the Société, is permitted to the extent that it does not constitute advertising or a form of advertising prohibited under the first paragraph. Despite subparagraph 8 of the first paragraph, the Société may nevertheless communicate such factual information to consumers on its cannabis sales website, provided it takes all the measures necessary to ensure that minors cannot access it.

Advertising disseminated in printed newspapers or magazines that are sent and addressed to a person of full age who is identified by name must include the warning attributed to the Minister and prescribed by regulation concerning the harmful effects of cannabis on health. The advertising must be forwarded to the Minister on being disseminated. The Minister may, by regulation, prescribe the warning required under this paragraph and the standards applicable to such a warning.

The Government may, by regulation, determine standards relating to advertising.

Anyone who contravenes the first or third paragraph or a regulation made under the fourth paragraph commits an offence and is liable to a fine of $5,000 to $500,000. Those amounts are doubled for a subsequent offence.

2018, c. 19, s. 19.