On 27th October 2023, Québec enacted changes to its legislation, affecting the Act respecting lotteries, publicity contests, and amusement machines. The modifications included the repealing of provisions regarding publicity contests and the total abolishment of the Rules that governed these contests. Notably, this move marks a significant alteration in the province’s regulatory landscape. A rigorous and unique set of rules, overseen by the Régie des alcools, des courses et des jeux (“Régie”), previously had to be adhered to by anyone conducting a contest open to Québec residents.
Régie’s rules had necessitated the filing of detailed contest plans, a financial guarantee, and payment of duties. Also, businesses were required to inform the Régie of contest winners and provide information regarding prize distributions. On the other hand, the key changes brought forward in the updated Act are a removal of these requirements, effectively reducing the regulatory burden for those organising promotions that are open to participants across Canada.
The Québec government’s legislative amendment is a step that helps streamline the process for contest organisers, whether they are local or international corporations. This could potentially encourage more businesses to include Québec in their promotional campaigns, consequently enhancing the opportunities for the province’s residents to partake in Canada-wide promotions.
Do keep in mind, however, that although burdensome requirements have been removed, there are still general contest rules in place that businesses must adhere to. These include prohibiting fraudulent or deceptive practices, and ensuring the odds of winning are clearly defined.
Details of these new legislative measures could be found at the
official publication by Stikeman Elliott LLP.
The representatives at Stikeman Elliott, especially those who are diving into the ins and outs of the updated Act, can provide legal professionals with valuable insights on the implications for businesses operating in Québec.
As these changes have recently taken effect, it is crucial for businesses and legal professionals advising them, to thoroughly study and understand the new legislative landscape to ensure compliance and avoid potential discrepancies that could arise from misinterpretation.