Bill C-372: An Act respecting fossil fuel advertising

Short Title Short title 1 This Act may be cited as the Fossil Fuel Advertising Act . Interpretation Definitions 2 The following definitions apply in this Act. brand element   includes a brand name, trademark, trade-name, distinguishing guise, logo, graphic arrangement, design or slogan that is reasonably associated with, or that evokes, a product, a service or a brand of product or service, but does not include a colour.  (élément de marque ) entity  includes a corporation, firm, partnership, association, society, trust or other organization, whether incorporated or not. ( entité ) fossil fuel  means a fuel that, in whole or in part, is or is derived from petroleum, natural gas or related hydrocarbons. It excludes a fuel that consists only of non-fossilized, biodegradable organic material that originates from plants or animals but does not originate from a geological formation, including gases and liquids that are recovered from the decomposition of organic waste. ( combustible fossile ) Indigenous peoples  has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . ( peuples autochtones ) Minister  means the Minister of Health. ( ministre ) prescribed  means prescribed by regulation. (Version anglaise seulement) producer  means the producer of a fossil fuel and includes any entity that is associated with a producer, including an entity that controls or is controlled by the producer or that is controlled by the same entity that controls the producer. ( producteur ) promotion  means a representation about a product or service by any means, whether directly or indirectly, including any communication of information about the product or service and its price and distribution, that is likely to influence and shape attitudes, beliefs and behaviours about the product or service. ( promotion ) retailer  means a person who is engaged in a business that includes the sale of fossil fuels to consumers. ( détaillant ) sell  includes offer for sale, expose for sale and sell for export. ( vendre ) His Majesty Binding on His Majesty 3 This Act is binding on His Majesty in right of Canada or a province. Purpose Purpose of Act 4 The purpose of this Act is to provide a legislative response to a national public health and environmental problem of substantial and pressing concern and, in particular, (a) to protect the health of Canadians in light of conclusive evidence implicating the burning of fossil fuels in numerous adverse health effects, including fatalities; (b) to protect the environment in light of conclusive evidence implicating the burning of fossil fuels in the climate emergency, which is causing harm to ecosystems as well as numerous debilitating and fatal diseases in humans; (c) to prevent the public from being deceived or misled with respect to the environmental and health hazards of using fossil fuels; and (d) to enhance public awareness of those hazards. Application Application 5 This Act does not apply in respect of (a) a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts fossil fuels, fossil fuel-related brand elements or the production of fossil fuels, whatever the mode or form of its expression, if no consideration is given, directly or indirectly, by a producer, a retailer or an entity that has as one of its purposes to promote fossil fuels for that use or depiction in the work, production or performance; (b) an opinion, commentary or report in respect of fossil fuels, fossil fuel-related brand elements or the production of fossil fuels if no consideration is given, directly or indirectly, by a producer, a retailer or an entity that has as one of its purposes to promote fossil fuels for the reference to the fossil fuels, fossil fuel-related brand elements or the production of fossil fuels in that opinion, commentary or report; or (c) the name of an entity or the name under which the entity carries on business. Promotion Prohibition 6 It is prohibited for a person to promote a fossil fuel, a fossil fuel-related brand element or the production of a fossil fuel except as authorized by the provisions of this Act or of the regulations. False promotion 7 (1) It is prohibited for a person to promote a fossil fuel or the production of a fossil fuel in a manner that is false, misleading or deceptive with respect to or that is likely to create an erroneous impression about the characteristics, health or environmental effects or health or environmental hazards of the fossil fuel, its production or the emissions that result from its production or use. Considerations (2) The general impression conveyed by a promotion and the literal meaning of any statement contained in a promotion are to be taken into account in determining whether a promotion is made in such a manner. Manner of promotion and prohibited elements 8 It is prohibited for a person to promote a fossil fuel or the production of a fossil fuel (a) in a manner that states or suggests that the fossil fuel, its production or its emissions are less harmful than other fossil fuels, their production or their emissions; (b) in a manner that states or suggests that a fossil fuel or the practices of a producer or of the fossil fuel industry would lead to positive outcomes in relation to the environment, the health of Canadians, reconciliation with Indigenous peoples or the Canadian or global economy; or (c) by using terms, expressions, logos, symbols or illustrations that are prohibited by the regulations. Sales promotions 9 (1) It is prohibited for a producer or retailer to (a) provide or offer to provide any consideration for the purchase of a fossil fuel, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, draw, lottery or contest; or (b) furnish or offer to furnish a fossil fuel without monetary consideration or in consideration of the purchase of a product or service or the performance of a service. Definition of furnish (2) In this section, furnish  means to sell, lend, assign, give or send, with or without consideration, or to barter or deposit with another person for the performance of a service. Point of sale signs 10 Subject to the regulations, a retailer may post signs at the point of sale that indicate the availability of fossil fuels and their price. Communication media 11 (1) It is prohibited for a person to, on behalf of another person, with or without consideration, publish, broadcast or otherwise disseminate any promotion that is prohibited by this Act. Exception (2) Subsection (1) does not apply to the distribution for sale of an imported publication or the retransmission of radio or television broadcasts that originate outside Canada. Foreign media (3) It is prohibited for any person in Canada by means of a publication that is published outside Canada, a broadcast that originates outside Canada or any other communication, to promote a fossil fuel or its production or disseminate promotional material that contains a fossil fuel-related brand element in a manner that is contrary to this Act. Report to Minister 12 (1) Every producer must submit to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about any promotion referred to in this Act. Supplementary information (2) The Minister may, subject to the regulations, request supplementary information relating to the information referred to in subsection (1), and every producer must submit the requested information in the form and manner and within the time specified by the Minister. Regulations Regulations 13 The Governor in Council may make regulations (a) respecting the promotion of fossil fuels, the use and promotion of fossil fuel-related brand elements, including the form, manner and conditions of the promotion; (b) authorizing the promotion of a fossil fuel, a fossil fuel-related brand element, the production of a fossil fuel or the name of a producer or retailer in promotional material or in the context of a sponsorship, for the purpose of supporting cultural or community events or cultural or community activities, including sporting events; (c) for the purposes of paragraph 8(c), prohibiting the use of terms, expressions, logos, symbols or illustrations in order to prevent the public from being deceived or misled with respect to the health or environmental effects or health or environmental hazards of fossil fuels or their emissions; (d) respecting signs that a retailer may post under section 10, including the placement of the signs and their number, size and content; (e) respecting the information to be submitted under subsection 12(1) and the submission of that information; (f) respecting requests for supplementary information under subsection 12(2); (g) prescribing anything that by this Act is to be prescribed; and (h) generally for carrying out the purposes of this Act. Miscellaneous Provisions Trademarks 14 (1) Despite the Trademarks Act , the registration of a trademark is not invalid under paragraph 18(1)(b) or (c) of that Act as a result of compliance with this Act. For greater certainty (2) For greater certainty, the absence of use of a trademark as a result of compliance with this Act constitutes, under subsection 45(3) of the Trademarks Act , special circumstances that excuse the absence of use. Offences and Punishment Product and promotion offences — producer 15 (1) Every producer who contravenes section 6 is guilty of an offence and liable (a) on conviction on indictment to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding two years, or to both; or (b) on summary conviction to a fine of not more than $500,000 or to imprisonment for a term not exceeding one year, or to both. Promotion offences — other persons (2) Every person, other than a producer, who contravenes section 6 is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000. False promotion 16 (1) Every producer who contravenes subsection 7(1) is guilty of an offence and liable (a) on conviction on indictment to a fine not exceeding $1,500,000 or to imprisonment for a term not exceeding two years, or to both; or (b) on summary conviction to a fine not exceeding $750,000 or to imprisonment for a term not exceeding one year, or to both. False promotion offences — other persons (2) Every person, other than a producer, who contravenes section 7(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $750,000. Summary offence 17 Every person who contravenes subsection 11(1) or (3) or 12(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both. Offence by retailer 18 (1) Every retailer who contravenes subsection 9(1) is guilty of an offence and liable on summary conviction (a) for a first offence, to a fine not exceeding $3,000; and (b) for a subsequent offence, to a fine not exceeding $50,000. Offence by producer (2) Every producer who contravenes subsection 9(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years less a day, or to both. General offence 19 Every person who contravenes section 8 is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years less a day, or to both. Due diligence defence 20 A person is not to be found guilty of an offence under this Act if they establish that they exercised due diligence to prevent the commission of the offence. Continuing offence 21 A person who commits or continues an offence under this Act on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued. Offence by director or officer of corporation 22 If a corporation commits an offence under this Act, any director or officer of the corporation who authorized or acquiesced in the offence is guilty of an offence and liable on conviction to the penalty provided for by this Act in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted or convicted. Limitation period 23 No summary conviction proceedings in respect of an offence under this Act may be commenced after the expiry of two years after the day on which the subject-matter of the proceedings arose. Agreements Equivalency agreements 24 (1) The Minister may enter into an equivalency agreement with a province where there are in force, by or under the laws of that province, provisions that are equivalent to the provisions of this Act. Order (2) The Governor in Council may, on the recommendation of the Minister, by order, declare that certain provisions of this Act or the regulations, other than those creating an absolute prohibition, do not apply in a province in which an equivalency agreement is in force. Table in Parliament (3) A copy of an equivalency agreement in respect of which an order is made under subsection (2) must be tabled in each House of Parliament within the first 15 sitting days of that House after the order is made. Review of the Act Review of the Act 25 (1) The Minister must, within three years after the day on which this section comes into force and every two years after that, undertake a review of the provisions and operation of this Act. Report to Parliament (2) The Minister must, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.