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

Act current to 2016-04-12 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. (services publicitaires)

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). (Canadien)

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. (annonceur canadien)

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. (société canadienne)

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. (services publicitaires destinés au marché canadien)

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. (éditeur étranger)

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. (ministre)

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. (périodique)

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. (action avec droit de vote)

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

Prohibition

Marginal note:Supplying advertising services
  •  (1) No foreign publisher shall supply advertising services directed at the Canadian market to a Canadian advertiser or a person acting on their behalf.

  • Marginal note:Deemed foreign publisher — licensee

    (2) For the purpose of this Act, a person who produces or publishes a periodical or a substantial part of a periodical under licence or other authority granted, directly or indirectly, by a foreign publisher is deemed to be a foreign publisher.

  • Marginal note:Deemed foreign publisher — control

    (3) For the purpose of this Act, a person who supplies advertising services by means of a periodical that they have the right to produce or publish and who is controlled in any manner by a person or entity that is not a Canadian that results in control in fact, whether directly through the ownership of securities or indirectly through a trust, an agreement, an arrangement or otherwise, is deemed to be a foreign publisher.

  • Marginal note:Members deemed non-Canadian

    (4) In a prosecution for an offence under subsection (1), each member of either of the following is deemed not to be a Canadian:

    • (a) a partnership, trust or joint venture that is non-Canadian by virtue of the application of paragraph (d) of the definition “Canadian” in section 2; or

    • (b) a non-profit organization that is non-Canadian by virtue of the application of paragraph (f) of the definition “Canadian” in section 2.

  • Marginal note:Deemed acting on behalf of Canadian advertiser

    (5) For the purpose of subsection (1), an agent or a representative of a Canadian advertiser or a person or entity not dealing at arm’s length with a Canadian advertiser who obtains in their own name, in Canada or elsewhere, advertising services supplied by a foreign publisher is deemed to be acting on behalf of that Canadian advertiser.

  • Marginal note:Arm’s length

    (6) For the purpose of subsection (5),

    • (a) related persons are deemed not to deal with each other at arm’s length; and

    • (b) it is a question of fact whether persons not related to each other deal with each other at arm’s length.

  • Marginal note:Related persons

    (7) For the purpose of subsection (6), persons are related to each other if they are related persons within the meaning of subsections 251(2) to (6) of the Income Tax Act, except that

    • (a) references in those subsections to “corporation” are to be read as references to “corporation, partnership or joint venture”; and

    • (b) references in those subsections to “shares” and “shareholders”, in relation to a partnership or joint venture, are to be read as references to “rights” and “members”, respectively.

 
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