Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Reminder: New Competition Bureau "Made in Canada" Marking Guidelines Come Into Effect July 1, 2010

On December 22, 2009, Canada's Competition Bureau published its Enforcement Guidelines on "Product of Canada" and "Made in Canada" Claims.

Please go to the following link to obtain a copy of the FINAL VERSION on the guidelines - http://www.bureaudelaconcurrence.gc.ca/eic/site/cb-bc.nsf/vwapj/Made-in-Canada-2009-12-22.pdf/$FILE/Made-in-Canada-2009-12-22.pdf

This document replaces the previous Guide to "Made in Canada" Claims. To provide businesses with sufficient time to adapt to the Guidelines, the new Guidelines will take effect on July 1, 2010. During the interim period, the Bureau’s approach to enforcement will be based on the previous version of the Guide,

Any goods that are sold in Canada must comply with the guidelines. This would include goods that are exported to Canada. You would be surprised how many claims of "made in Canada" are made in connection with imported goods into Canada.

These rules may not always reconcile with the rules of origin in one of Canada's free trade agreements (such as the NAFTA). A good that may be labelled as "Made in Canada" under the Guide may not satisfy a specific rule of origin and, therefore, a complete analysis must be conducted under the applicable free trade agreement before a certificate of origin is provided.

If you require more information, please do not hesitate to contact Cyndee Todgham Cherniak at 416-307-4168.

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