Foreign Publishers Advertising Services Act (S.C. 1999, c. 23)

Act current to 2014-10-27 and last amended on 2003-07-02. Previous Versions

Foreign Publishers Advertising Services Act

S.C. 1999, c. 23

Assented to 1999-06-17

An Act respecting advertising services supplied by foreign periodical publishers

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Foreign Publishers Advertising Services Act.

INTERPRETATION

Marginal note:Definitions

 The definitions in this section apply in this Act.

“advertising services”

« services publicitaires »

“advertising services” means the supply by a foreign publisher, for payment, of

  • (a) advertising space in a periodical that the publisher produces or publishes, or the opportunity to have advertising material accompany such a periodical; and

  • (b) access to a target market of consumers.

“Canadian”

« Canadien »

“Canadian” means

  • (a) a Canadian citizen;

  • (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

  • (c) a Canadian government, whether federal, provincial or local, or an agency of such a government;

  • (d) a partnership, trust or joint venture in which a person or any combination of persons referred to in paragraph (a), (b), (c) or (e) beneficially owns or controls, directly or indirectly, interests representing in value more than half of the total value of the assets of the partnership, trust or joint venture, as the case may be;

  • (e) a Canadian corporation; and

  • (f) a non-profit organization in which more than half of its members are persons referred to in paragraph (a) or (b).

“Canadian advertiser”

« annonceur canadien »

“Canadian advertiser” means a person or an entity, whether an individual, a corporation, a partnership, a trust, a joint venture, a government, a government agency, an association or a non-profit organization, that

  • (a) pays, directly or indirectly, for advertising services relating to their products and services;

  • (b) has a place of business in Canada;

  • (c) has at least one individual in Canada who is employed or self-employed in connection with their business; and

  • (d) has assets in Canada that are used in carrying on their business.

“Canadian corporation”

« société canadienne »

“Canadian corporation” means a corporation

  • (a) that is incorporated under the laws of Canada or a province;

  • (b) whose principal place of business is in Canada;

  • (c) whose chairperson or other presiding officer and more than half of whose directors or other similar officers are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

  • (d) in the case of a corporation with share capital, of which Canadians beneficially own or control, other than by way of shares held only as security, directly or indirectly, in the aggregate more than half of all the issued and outstanding voting shares representing more than half of the votes; and

  • (e) in the case of a corporation without share capital, of which Canadians beneficially own or control, directly or indirectly, interests representing in value more than half of the total value of the assets.

“directed at the Canadian market”

« services publicitaires destinés au marché canadien »

“directed at the Canadian market”, in relation to advertising services, means that the target market related to those advertising services consists primarily of consumers in Canada.

“foreign publisher”

« éditeur étranger »

“foreign publisher” means a person who supplies advertising services by means of a periodical that they have the right to produce or publish and who is not a Canadian.

“Minister”

« ministre »

“Minister” means the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of this Act.

“periodical”

« périodique »

“periodical” means a printed publication that appears in consecutively numbered or dated issues, published under a common title, usually at regular intervals, not more than once every week, excluding special issues, and at least twice every year. It does not include a catalogue, a directory, a newsletter or a newspaper.

“voting share”

« action avec droit de vote »

“voting share” means a share of any class of shares of a corporation carrying voting rights under all circumstances or by reason of an event that has occurred and is continuing or by reason of a condition that has been fulfilled. It includes

  • (a) a security that is convertible into such a share at the time of making a calculation of the percentage of shares owned or controlled by Canadians; and

  • (b) an option or a right to acquire such a share, or the security referred to in paragraph (a), that is exercisable at the time of making the calculation referred to in that paragraph.

  • 1999, c. 23, s. 2;
  • 2001, c. 27, s. 253.