Bill C-313: An Act concerning the development of a national strategy respecting advertising to children and amending the Broadcasting Act (regulations)

National Strategy on Advertising to Children Act Review and Report Broadcasting Act First Session, Forty-second Parliament, 64-65 Elizabeth II, 2015-2016 HOUSE OF COMMONS OF CANADA BILL C-313 An Act concerning the development of a national strategy respecting advertising to children and amending the Broadcasting Act (regulations) FIRST READING, October 5, 2016 Mr. Julian 421216 SUMMARY This enactment provides for the development and implementation of a national strategy on advertising to children and amends the Broadcasting Act in order to clarify the Canadian Radio-television and Telecommunications Commission’s regulatory power under paragraph 10(1)‍(d) of that Act. Available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca 1st Session, 42nd Parliament, 64-65 Elizabeth II, 2015-2016 HOUSE OF COMMONS OF CANADA BILL C-313 An Act concerning the development of a national strategy respecting advertising to children and amending the Broadcasting Act (regulations) Preamble Whereas an increasing amount of advertising directed at children through a variety of media channels is misleading, deceptive, exploitative and harmful to their health and development; Whereas children do not have the media literacy and cognitive defences required to interpret advertising and, in the case of young children, to even grasp the intent of advertisers to sell goods and services; Whereas, according to the World Health Organization and other public health experts, many advertisements directed at children promote an unhealthy diet and sedentary lifestyles that lead to nutrition-related diseases responsible for one in five deaths in high-income countries; Whereas existing legislation and regulation relating to advertising may be inadequate to protect children from commercial advertising; Whereas the Government of Canada, like provincial and territorial governments, has the non-exclusive responsibility to regulate advertising that markets goods and services that may negatively impact the healthy development of children or take advantage of their susceptibility to influence; And whereas the Government of Canada has an interest in taking a leadership role in protecting children from advertisers by developing, in collaboration with the provinces and territories, a national strategy on advertising to children; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: National Strategy on Advertising to Children Act Short title 1 This Act may be cited as the National Strategy on Advertising to Children Act. Definition of Minister 2 In this Act, Minister means the Minister of Employment and Social Development. National Strategy 3 (1) The Minister, in collaboration with other federal ministers including the Minister of Health and the Minister of Industry, and in consultation with representatives of the provincial and territorial governments responsible for health, education, child protection, consumer protection and social development, as well as with child advocates, must conduct consultations to develop and implement a national strategy on advertising to children. The consultations must address the following: (a) the establishment of proper limits on advertisements that are aimed at children below the age fixed by provincial law — or by another comparable protection that may be appropriate, taking into account the evidence and the best interests of children — including limits to ensure that children’s inexperience or vulnerability is not exploited and that they and their parents are not deceived, manipulated or misled into buying certain goods or services, especially if they could be detrimental to their health or well-being; (b) the development of programs to begin to teach children about media literacy so that they may develop the critical thinking skills required to actively engage with the media and be able to understand and recognize different types of advertisements and promotions when they become adults; and (c) the implementation of measures to prohibit commercial advertisers from targeting children through sponsorships and other promotional means, such as through school activities, sport sponsorships and the Internet. Consultations (2) The Minister must, in collaboration with other federal ministers, within a year after the day on which this Act comes into force, hold public consultations with representatives of the provincial and territorial governments responsible for health, education, child protection, consumer protection and social development, as well as with child advocates, for the purpose of developing a national strategy on advertising to children. Report to Parliament 4 (1) Within two years after the day on which this Act comes into force, the Minister must cause a report setting out the national strategy and his or her conclusions and recommendations to be laid before each House of Parliament, including recommendations for legislative proposals. Publication of report (2) The Minister must post the report on the departmental Web site within 30 days after the day on which the report is tabled in Parliament. Review and Report Review and report 5 (1) Within three years of the tabling of the report referred to in section 4, and every three years after that, the Minister must prepare a report setting out his or her conclusions and recommendations regarding the strategy referred to in section 3, and cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed. Publication of report (2) The Minister must post the report on the departmental Web site within 30 days after the day on which the report is tabled in Parliament. 1991, c. 11 Broadcasting Act 6 Paragraph 10(1)‍(d) of the Broadcasting Act is replaced by the following: (d) respecting the character of advertising and the amount of broadcasting time that may be devoted to advertising, including advertising to children; Published under authority of the Speaker of the House of Commons