Consumer Protection

What Marketers Need to Know

While consumer protection laws vary across the country, they all share the same goal: ensuring consumers are treated fairly.

Marketers must understand the laws within the jurisdiction(s) where their organizations operate to ensure compliance, minimize liability and foster long-term consumer trust.

Across Canada, consumer protection laws share baseline rules. Businesses cannot engage in unfair or deceptive practices, and it is prohibited to:

• Use coercion or take advantage of a consumer’s vulnerabilities.
• Make false, misleading, or deceptive statements about goods, services or pricing;
• Hide mandatory fees (also known as drip pricing); and
• Fail to provide clear and upfront disclosure of all required information and cancellation rights in consumer contracts.

The Canadian Marketing Code of Ethics and Standards outlines legal requirements and best practices in many of these areas.

Overview of Consumer Protection Laws

While all Canadian jurisdictions have laws to protect consumers, specific requirements vary.

• French-first contracts: You must provide consumer contracts in French first. A consumer can only choose an English version after they have been given French;
• The expiry of loyalty points is not permitted unless there has been at least 12 months of account inactivity. This does not apply to programs when rewards are valued under $50;
• Advertising to children under 13 is prohibited, except in certain cases; and
• Planned obsolescence is prohibited. Businesses are required to make parts and service information available. (These rules are being phased in through 2026.)

Ontario

• The expiry of loyalty points based on time alone is prohibited. Points can still expire because of the passage of time, but there also must be a second reason, such as a combination of time passing and inactivity);
• There are detailed disclosure requirements for various types of agreements, including those made online or over the phone (remote agreements); and
• A modernized Act was passed and will take effect once the final regulations are written which are anticipated soon.

Alberta

• The Consumer Protection Act was amended in 2026 to strengthen consumer rights, add protection for people who publish negative online reviews, and clarify rules around unilateral changes to ongoing contracts; and
• There is a ban on prices that grossly exceed the fair market value of similar goods

British Columbia

• It is illegal for businesses to include terms in contracts that prevent customers from posting negative reviews or participating in class action lawsuits;
• For annual or long-term subscriptions over $50, businesses must send renewal notices 30 to 60 days in advance. For monthly or short-term subscriptions over $50, customers must be allowed to cancel at any time without penalty; and
• Expiry dates on prepaid gift cards are prohibited except for promotional gift cards.

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