Ad Standards Council Organization and Procedure

 

Updated as of: November 29th, 2024.

Canadian Code of Advertising Standards − Consumer Complaint Procedure

The Canadian Code of Advertising Standards (Code), the principal instrument of advertising self-regulation, sets the standards for advertising that is truthful, fair and accurate. Advertising Standards Canada (Ad Standards) reviews and responds to complaints from the public about the content of advertising exhibited to Canadians. Complaints are handled by Ad Standards pursuant to the Consumer Complaint Procedure (Procedure).

1.0 PURPOSE

1.1 Role of Council

A Standards Council (Council) is convened by Ad Standards to adjudicate advertising complaints from the public that are determined by staff, on preliminary evaluation, to raise a potential issue under the Code. Council may also adjudicate appeals of prior Council decisions.

1.2 Role of Ad Standards

Ad Standards attends each Council meeting in an administrative capacity to ensure the Code procedure is followed, to advise on precedents, and to record Council decisions.

2.0 ORGANIZATION

2.1 Council Location

Council meetings are held virtually, in-person or in hybrid format, at the discretion of Ad Standards and the Chair. The National Council includes representatives from across Canada, with in-person meetings held in Toronto. The Quebec Council includes representatives from the province of Quebec, with in-person meetings held in Montreal. For complaints where the advertising to be adjudicated is in French, or where a potential issue is raised under Clause 14 of the Code in an advertisement appearing in Quebec, the advertising will be adjudicated by the Quebec Council.

2.2 Council Structure

Each Council is composed of a non-voting Chair and up to seven (7) voting Council members. Council members include both advertising industry representatives and public representatives: up to three (3) Council members shall be public representatives, and up to four (4) Council members shall be from the advertising industry.

Advertising industry representatives are selected by Ad Standards from advertisers, advertising agencies, professional & research services, and media organizations. Public representatives are selected by Ad Standards.

Council members serve in their personal capacity, not as representatives of, or spokespersons for, any particular company, organization or sector. When Council members change their principal work affiliation, their continued eligibility to serve on a Council shall be determined by Ad Standards.

Advertising industry representatives shall participate at meetings of Council on a voluntary basis, in support of industry and advertising self-regulation. Public representatives and Council Chairs shall receive honoraria.

2.3 Quorum for Council Meetings

A quorum at each Council meeting is five (5) voting members.

2.4 Council Member Term

There is no term limit for Council members. Each year, Ad Standards will evaluate the rosters for each Council to ensure that Council maintains an appropriate mix of experience, availability to attend meetings, and new perspectives. Members are required (subject to exceptional circumstances at Ad Standards’ discretion) to attend at least one Council meeting per calendar year in order to be considered to remain on the roster of Council members for the following year.

2.5 Council Chairs

Chairs shall be appointed by the Chief Executive Officer of Ad Standards to serve for a one-year term, renewable for up to six (6) terms. Chairs shall be selected from among Council members who have served at least three (3) years on Council. One individual residing in the province of Quebec shall be appointed to serve primarily as Chair of the Quebec Council. The Chair shall make best efforts to preside at all meetings of Council, but an alternate may be selected to act as Chair in the case that a current Chair is unavailable for a given meeting, or in the case of a conflict of interest involving a particular case to be considered by Council. The Chair shall not vote on any case before Council unless it is necessary to break a tie in the vote.

3.0 COUNCIL PROCEDURE

3.1 Material Reviewed by Council

Council will review the complaint, the advertisement, and the advertiser’s written response(s) (if any). Neither the advertiser nor the complainant will be present at Council meetings. Council’s review is strictly limited to the concerns raised by the complainant. Council will only consider submissions from the advertiser or complainant that are made in writing. Council may also conduct its own research, as needed, to fully evaluate the merits of either party’s submissions.

3.2 Role of Chair in Council

At each meeting, the Chair shall confirm quorum, introduce the agenda, present each case, and facilitate discussion between voting members. The Chair ensures that each meeting is conducted in accordance with the Procedure. Following discussion of each case, the Chair shall call for a vote on the clause(s) of the Code at issue.

3.3 Conflicts and Confidentiality

Chair and/or Council members must declare as soon as possible in the process if they have an actual or potential conflict of interest in any matter to be considered by Council. If a conflict is identified prior to a meeting of Council, Ad Standards may select an alternate Council member or Chair to serve in the meeting instead of the individual with the potential conflict. If a conflict or potential conflict becomes apparent only at the time that the case is presented in the meeting for Council’s adjudication or appeal, the Council member with a conflict or potential conflict shall be excluded from attending the discussions of the case and shall abstain from voting on the matter. In the case of an identified conflict involving the Chair, an alternate member of Council may preside as Chair for adjudication of the case in question.

Materials supplied by Ad Standards related to the cases to be considered in a meeting of Council are considered confidential and will only be shared with Council members who are participating in the specific Council meeting. All discussions of the case, and the results of any vote are strictly confidential, except to the extent that they are later publicly reported or otherwise disclosed by Ad Standards in accordance with the Procedure. Once the adjudication is complete, Council members are required to destroy or delete securely any materials (written or electronic) related to the cases or to the deliberations of Council.

3.4 Decision

Council’s decisions are by majority vote. The discussions of Council are recorded by Ad Standards staff, who prepare a summary of the case. Prior to publication of any case summary, the summary shall be reviewed and approved by Ad Standards’ Chief Legal Officer. Both the complainant and the advertiser will receive notification of the final Council’s decision in accordance with the Procedure.

4.0 APPEALS

4.1. Appealing a Council Decision

The advertiser is entitled to request an appeal from a decision of Council by filing a Request for Appeal addressed to Ad Standards. The Request for Appeal must be in writing and received by Ad Standards within seven working days after the decision is sent to the advertiser. It must provide the advertiser’s reasons for believing the decision was in error. At Ad Standards’ discretion, a request for an appeal may be granted only if the advertiser undertakes, in writing, to withdraw the advertisement in question in all forms and from all media while the appeal is being considered. The withdrawn advertisement may be reinstated if, at the appeal hearing, the Appeal Panel decides not to uphold the complaint.

Appeals may be considered by a Council already scheduled to consider other cases, or may be specially convened by Ad Standards to consider the matter, without delay. A quorum of five (5) voting Council members is required to consider an appeal. No Council member who participated in the original Council deliberation of a case will be permitted to participate in adjudicating an appeal of that case. Decisions by Appeal Panels will be binding and final.

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