As noted above, the Bureau enforces the Consumer Packaging and Labelling Act ("CPLA") only as it relates to non‑food products; the Canadian Food Inspection Agency ("CFIA") enforces the CPLA as it relates to food products. Until December 31, 2008, the CFIA chose to rely on the Bureau's Guide to "Made in Canada" Claims to enforce the CPLA in relation to food products. After this date, the CFIA introduced its own guide for the use of "Made in Canada" and "Product of Canada" claims in the labelling of food products sold in Canada.
In light of, among other developments, the distinction that has been created in CFIA's Guide between "Made in Canada" and "Product of Canada" claims in labelling of food products, the Bureau has reviewed its Guide to "Made in Canada" Claims for non‑food products and has adopted new guidelines, called "Product of Canada" and "Made in Canada" Claims (the "Guidelines"). These Guidelines describe the Bureau's approach to assessing "Made in Canada" and "Product of Canada" claims under the false or misleading representations provisions of the Acts, and supersedes the previous Guide to "Made in Canada" Claims.
The new Guidelines introduce a distinction between "Product of Canada" and "Made in Canada" claims. "Product of Canada" claims will be subject to a higher threshold of Canadian content (98%), while "Made in Canada" claims will remain subject to a 51% threshold of Canadian content but should be accompanied by a qualifying statement indicating that the product contains imported content. In both cases, the last substantial transformation of the product must have occurred in Canada.
The Bureau recognizes the need for transparency and predictability regarding its assessment of "Product of Canada" and "Made in Canada" claims. These Guidelines are intended to provide businesses and industry groups with information that will help them develop strategies to ensure compliance with the false or misleading representations provisions of the Acts with respect to such claims. Significantly, the Guidelines, and industry compliance with them, will promote clarity and assist consumers in understanding the meaning of "Product of Canada" and "Made in Canada" claims, and in making informed purchasing decisions.
If businesses follow these Guidelines when making representations that their products are "Product of Canada" or "Made in Canada", it is unlikely that they will raise concerns under the statutes administered by the Bureau.
It should also be pointed out that a mere deviation from these Guidelines might not, in and of itself, represent a contravention of any one or more of those statutes. Each situation will be evaluated on a case by case basis.
Commissioner of Competition