Government Submissions


We work with subject matter experts on our Committees and Working Groups to develop well-reasoned submissions on key public policy issues. Our recent submissions are provided below.

Visit our Policy Topics page to gain insights and learn more about our advocacy work to ensure a legislative and regulatory environment where marketing can thrive. 


2020 - 2021 Government Submissions

The CMA provided feedback to the Government of Ontario’s Consumer Protection Act consultation paper. CMA also arranged for members to participate in a roundtable with Minister Thompson to discuss the Consumer Protection Act proposals.

The CMA looks forward to continued discussions with the Government of Ontario in this area.

For questions or comments regarding this submission, please contact Florentina Stancu-Soare, Senior Manager, Regulatory and Consumer Affairs.

CMA-Submission-Ontario-Consumer-Protection-Act-Consultation

The Canadian Marketing Association (CMA) provided feedback to the Government of Ontario’s consultation on strengthening privacy protections in Ontario. The CMA is urging the Government of Ontario to continue to rely on the federal Personal Information Protection and Electronic Documents Act (PIPEDA) for privacy protection, with new provincial legislation focusing on addressing sectors and activities that a reformed federal law will not cover. Against that backdrop, the CMA provided detailed feedback in response to the Government of Ontario’s discussion paper on private sector privacy reform to ensure any new provincial legislation is proportionate and flexible enough to enable marketers to serve consumers effectively while protecting their privacy interests.

The CMA looks forward to continued discussions with the Government of Ontario in this area.

For questions or comments regarding this submission, please contact Fiona Wilson, Director of Government Relations.

CMA-Submission-to-Ontario-Privacy-Law-Consultation

(Available in English and French)

The CMA provided feedback to the Quebec National Assembly’s Committee on Institutions as it reviews Bill 64’s proposed amendments to Quebec’s Act respecting the protection of personal information in the private sector.

The marketing community supports many improvements proposed in Bill 64. Other aspects of the Bill require adjustments to ensure Quebec’s privacy framework achieves its dual goal of protecting consumers while supporting responsible innovation and competitiveness.

The marketing community is particularly concerned about certain provisions in the Bill inspired by the EU’s stringent GDPR framework, including additional requirements for consent and transparency, cross-border data transfer requirements, and significant monetary penalties and enforcement measures.

The submission provides several recommendations to ensure Quebec’s privacy law remains a proportionate and flexible law that will enable marketers to serve consumers effectively. Alignment with other privacy reform initiatives underway across Canada, including at the federal level, will be critical to prevent significant negative impacts on businesses and consumers, and on trade and foreign investment in Quebec.

The CMA looks forward to continued discussions with the Government of Quebec in this area.

For questions or comments regarding this submission, please contact Fiona Wilson, Director of Government Relations.

CMA-Submission-on-Quebec-Bill-64-ENGLISH

L'ACM réagit aux modifications proposées par le projet de loi 64 à la loi québécoise sur la protection des renseignements personnels dans le secteur privé

L'ACM a fait part de ses commentaires à la Commission des institutions de l'Assemblée nationale du Québec dans le cadre de l'examen des modifications proposées par le projet de loi 64 à la Loi sur la protection des renseignements personnels dans le secteur privé du Québec.

La communauté du marketing soutient de nombreuses améliorations proposées dans le projet de loi 64. D'autres aspects du projet de loi nécessitent des ajustements pour que le cadre de protection de la vie privée du Québec atteigne son double objectif de protection des consommateurs tout en soutenant une innovation et une compétitivité responsables.

La communauté du marketing est particulièrement préoccupée par certaines dispositions du projet de loi inspirées par le cadre strict du GDPR de l'UE, notamment les exigences supplémentaires en matière de consentement et de transparence, les exigences relatives au transfert transfrontalier de données, ainsi que les importantes sanctions pécuniaires et mesures d'exécution.

Le mémoire présente plusieurs recommandations pour que la loi québécoise sur la protection des renseignements personnels demeure une loi proportionnée et souple qui permettra aux spécialistes du marketing de servir efficacement les consommateurs. L'harmonisation avec d'autres initiatives de réforme de la protection de la vie privée en cours au Canada, y compris au niveau fédéral, sera essentielle pour prévenir d'importantes répercussions négatives sur les entreprises et les consommateurs, ainsi que sur le commerce et les investissements étrangers au Québec.

L'ACM se réjouit de la poursuite des discussions avec le gouvernement du Québec dans ce domaine.

Pour toute question ou commentaire concernant cette soumission, veuillez contacter Fiona Wilson, Directrice des relations gouvernementales.

CMA-Submission-on-Quebec-Bill-64-FRENCH

As the Government of Canada shifts its attention to spurring economic recovery, marketing – the link between organizations and their customers – has a crucial role to play. In anticipation that the upcoming Speech from the Throne will unveil new plans for pandemic recovery, the CMA proposes that the Government of Canada reflect the following priorities in the Speech from the Throne:

Support post-pandemic upskilling and employability initiatives, particularly for youth
Encourage self-regulation to drive regulatory efficiencies and protect consumers
Ensure balanced regulation of digital and data transformation in Canada
Recognize marketing as a key driver of Canada’s economic recovery and growth
The attached letter elaborates on these proposals. The CMA looks forward to further discussions with the Government of Canada to ensure a strong Canadian economy in the years ahead.

For questions or comments regarding this letter, please contact Sara Clodman, Vice President, Public Affairs and Thought Leadership.

Speech-from-the-Throne

The CMA was pleased to provide feedback in response to a consultation on the Personal Information and Protection Act (PIPA) by a Special Committee of the Legislative Assembly of British Columbia. PIPA governs how private sector organizations can collect, use, and disclose personal information. The Special Committee will make recommendations to the Legislative Assembly in a report that is expected to be released by February 2021.

The submission provides several recommendations to ensure PIPA remains a proportionate, flexible and technologically neutral law that will enable marketers to serve consumers effectively while protecting their privacy interests.

The CMA looks forward to continued discussions with the Government of British Columbia in this area.

For questions or comments regarding this submission, please contact Fiona Wilson, Director of Government Relations.

CMA-Submission-to-Special-Comittee-on-BC-PIPA-Review_2020

The CMA was pleased to submit comments in response to the OPC’s proposals for ensuring the appropriate regulation of artificial intelligence (AI). Through this consultation, Canada’s privacy regulator requested feedback on its proposals to federal policymakers for how Canada’s privacy law PIPEDA should address AI.

It’s important to preserve PIPEDA’s strengths as principles-based and technology neutral. A policy framework that is overly prescriptive would impede important new technologies and services, and push AI activity to other jurisdictions. Bridging the gap between principles and practice should occur outside of the Act itself and in a staged approach, with significant input from those with direct knowledge of AI’s operational realities. Industry should be encouraged to develop standards and codes, with those approaches informing future AI-specific guidance and regulations.

The appropriate regulatory treatment of AI warrants further time and thought beyond this consultation period and privacy protection focus. While privacy protection is an important component of such an analysis, many other perspectives need to be taken into account, including issues relating to intellectual property law, competition law and policy, economic development initiatives, human rights and consumer protection laws, employment laws, and laws and policies respecting particular industry sectors that may make use of AI technologies.

The CMA looks forward to continued discussions with the Government of Canada in this area. For questions or comments regarding this submission, please contact Fiona Wilson, Director of Government Relations.

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2018 - 2019 Government Submissions


The CMA was pleased to respond to the federal government’s May 2019 Proposals to Modernize the Personal Information Protection and Electronic Documents Act (PIPEDA). The spirit of PIPEDA, since its inception and into the future, is based on a balance between embracing the enormous social and economic benefits of data use for Canadians while protecting their individual right to privacy. The CMA is providing recommendations in six key areas to preserve this important balance under a reformed law: PIPEDA’s general structure, consent and transparency, third-party processing, codes and certifications, enforcement and data mobility. In light of the challenges faced by international frameworks like the GDPR, the submission urges government to preserve the strengths of PIPEDA as principles-based, technology neutral and not overly prescriptive.

The CMA is involved in continued discussions with officials on PIPEDA reform. For questions or comments regarding this submission, please contact Fiona Wilson, Director of Government Relations.

CMA-PIPEDA-Submission-to-ISED

In its submission, the CMA urged the federal privacy commissioner to not change its interpretation of PIPEDA with regards to third-party data processing. The additional consent that would be required would not provide consumers with any meaningful improvement in privacy protection and would instead contribute to "consent fatigue". As the voice of the marketing profession in Canada, we are committed to helping Canadian marketers maintain high standards of professional conduct and transparency through our mandatory Canadian Marketing Code of Ethics & Standards and other resources, including the CMA Guide to Transparency for Consumers, which helps organizations provide clear, user-friendly information to consumers about how personal information is collected.

For questions or comments regarding this submission, please contact Fiona Wilson, Director of Government Relations.

CMA-Submission-OPC-Consultaion-on-Transfers-for-Processing

The Canadian Marketing Association (CMA) was pleased to respond to the draft guidance document on the mandatory reporting of breaches of security safeguards released by the Office of the Privacy Commissioner of Canada (OPC) on Monday, September 17, 2018. CMA members commend the OPC’s objective to provide organizations with guidance on how to comply with the breach of security safeguards regulations that go into force on November 1, 2018.

CMA-response-to-breach-regs-guidance

Québec is one step closer to joining Ontario as the second jurisdiction in Canada that will have rules regarding loyalty programs. While it is encouraging to see an approach that aims to protect point collectors from unwarranted surprises and encourages strong competition in the loyalty program arena, the draft regulations do pose some challenges for loyalty program operators and create unintended consequences for Québec consumers.

Quebec-Draft-Regulation-Loyalty-Program

Overall, the Canadian Marketing Association (CMA) is pleased to see that the government agrees that PIPEDA does not require any major changes at this time. CMA is in agreement with several of the committee’s recommendations and the government’s response to the key issues that require consultation and possible amendments. There are several recommendations that are of particular relevance to the marketing community, including: business contact information, the personal information of minors and data breach notification. What follows are our comments on these issues and our recommendations on how to effectively move forward in tackling any necessary changes.

PIPEDA-Review-2017

The CMA highlighted several concerns in its comments to the Standing Committee on Health, including the proposed ban extending the age threshold of children to 17. (April 2018)

Submission_Prohibiting-F&B-Marketing-to-Children-Bill-S228

The CMA provided commentary to Health Canada’s Cost-Benefit Analysis Survey. CMA re-iterated the importance of a regulatory environment that does not result in unintended consequences for consumers and unnecessary restrictions on businesses as the government prepares to finalize its proposal to restrict the marketing of unhealthy food and beverages in Canada.

CMA-Response-to-Health-Canada-CBA-Marketing-to-Kids

The CMA responded to the Government of Ontario’s proposed changes to clarify the gift card rules to proactively address marketplace confusion. Recommendations included the need to clarify how the rules apply to certain types of cards as well as public education and expanded online resources.

CMA-Submission-Gift-Card-Rule-Amendments

CMA was pleased to offer commentary on the Draft OPC Position on Online Reputation. CMA also submitted remarks to the OPC’s position paper released in 2016. While the OPC has taken the position that PIPEDA currently offers the ‘right to be forgotten’ (RtbF) concept some applicability, CMA argued that the analysis and arguments made in the draft position paper do raise broader policy concerns that should be addressed and clarified.

CMA-response-to-OPC-Position-Paper-on-Online-Reputation

A private members bill was introduced in the Ontario legislature seeking an Ontario privacy law for private-sector organizations. CMA sent initial comments to the committee tasked with reviewing the bill and presented its intention to appear. Canada’s federal private-sector privacy law, PIPEDA, already covers Ontario businesses and consumers.

CMA-Letter-to-Ontario-Justice-Commitee

Government Submission Archive

 If you are interested in obtaining a copy of a submission made prior to 2017, please connect with us.

 

Archive Submission List
  • CMA Responds to Government of Quebec's Consultation on Loyalty Program Bill
  • CMA submission to OPC Consultation on Online Interest Based Advertising
  • CMA Speaking notes to Industry Science and Technology Committee regarding the Electronic Commerce Protection Act (Bill C-27)CMA
  • Speaking notes to Industry Science and Technology Committee regarding the Electronic Commerce Protection Act (Bill C-27)
  • CMA Submission to Health Canada
  • CMA responds to draft OPC guidance on online consent and no-go zones
  • CMA makes written submission on CASL to parliamentary committee
  • CMA responds to Competition Bureau’s Big Data whitepaper
  • CMA calls for key improvements to CASL at parliamentary committee
  • CMA participates in Data Breach Regulations consultation
  • CMA sends letter to CRTC Chair on High Fees for NDCL
  • CMA Appears Before ETHI Committee on PIPEDA Review
  • CMA Submits Brief to Parliamentary Review of Canada Post
  • CMA comments on review of Canada Post
  • CMA Responds to OPC’s ‘Consent and Privacy’ Discussion Paper
  • CMA responds to discussion paper on online reputation
  • CMA responds to discussion document on data breach notification and reporting regulations
  • CMA participates in review of Alberta’s privacy legislation
  • CMA responds to draft identification and authentication guidelines
  • CMA appears before House Committee on Bill S-4 (Digital Privacy Act)
  • CMA signs onto coalition submission on amendments to Bill S-4 (Digital Privacy Act)
  • CMA appears before Senate Committee on Bill S-4 (Digital Privacy Act)
  • CMA submission to the CRTC on “Let’s Talk TV”
  • CMA letter to Government re: CASL Private Right of Action
  • CMA Submission to Standing Committee on Access to Information, Privacy and Ethics regarding statutory review
  • CMA submission to Ontario Ministry of Health on plan to ban the marketing of junk food to children under 12
  • CMA, on the recommendation of the Not-for-Profit Council, responds to the Canada Post Corporation’s proposed letter mail rate changes
  • CMA provides preliminary feedback on proposed Administrative Monetary Penalties Framework for Ontario
  • CMA Submission to the Office of the Privacy Commissioner of Canada (OPC) regarding OPC’s PIPEDA Review Discussion Document
  • CMA submission to Industry Canada on Canada's Anti-Spam Law (CASL)
  • CMA submission to the CRTC on Canada's Anti-Spam Law (CASL)
    Coalition of Business and Technology Associations submission to Industry Canada on Canada’s Anti-Spam Law (CASL)
  • CMA submission to Industry Canada on Canada's Anti-Spam Law (CASL)
  • CMA submission to the CRTC on changes to Automatic Dialing-Announcing Devices (ADADs) rules
  • CMA submission to the CRTC on changes to the Unsolicited Telecommunications Rules
  • CMA comments on Interventions submitted to the CRTC on changes to the Unsolicited Telecommunications Rules
  • CMA submits final comments to the CRTC on changes to the Unsolicited Telecommunications Rules
  • CMA submission to the Attorney General of Ontario on the proposed Unclaimed Property Act
  • CMA submission to the CRTC on permanent National Do Not Call List registration
  • CMA issues reply comments to the CRTC on permanent National Do Not Call List registration

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