If You Cannot Submit a Complaint Online

Ad Standards also accepts complaints by mail. To proceed, be sure to provide the following information in your submission:

• Your name, complete mailing address, and email.
• Identify the advertiser and the product/service being advertised.
• Describe your concern with the advertisement.
• Identify the date you saw/heard the ad.
• Identify the medium where you saw/heard the ad (e.g. television, radio, billboard, online, etc.):
  • For Broadcast (e.g. TV, radio, TV-on-demand, streaming services): identify the station or platform, date/time where you saw/heard the ad and provide a description of the advertisement.
  • For Movie theatre: identify the title of the movie, date of viewing, location of the movie theatre at which you saw the advertisement and provide a description of the advertisement.
  • For Online (e.g. email, website, social media): include a print-out of the advertisement.
  • For Outdoor (e.g. billboard, poster, transit, store window): include a picture of the advertisement.
  • For Packaging (applicable to distilled spirit products only): include a picture of the material.
  • For Print (e.g. flyer, mail, magazine, newspaper): include a print-out of the advertisement.
  • For SMS/App: include a picture of the advertisement.

Our response time may vary based on various factors such as the extent of information provided in your complaint, the degree of cooperation from the advertiser and the complexity of the case.

Send your complaint by mail to:

Ad Standards
33 Bloor St. East, Suite 303
Toronto, ON, M4W 3H1

Overview of How Consumer Complaints are Received and Handled by Ad Standards and Council

In keeping with their mandate within today’s self-regulatory environment, Ad Standards and Council (composed of representatives from the advertising industry and public who volunteer their time to support the consumer complaint process) carefully consider and respond to all written complaints received by them about content of an advertisement that allegedly does not comply with the Code.

The critical factor in determining if an advertisement should be reviewed by Council is whether or not the content of an advertisement appears to contravene the Code. The number of complaints received in relation to a specific advertisement does not factor into the decision made by Ad Standards. Ultimately, the determination of whether or not an advertisement contravenes the Code can only be answered by Council in response to one or more bona fide complaints that originate from the public.

Where a complaint about an advertisement is submitted by an Advertiser (as defined under the Code) or one or more individuals acting on behalf of an Advertiser, the complaint must be administered under the Ad Standards’ Advertising Dispute Procedure. When determining whether or not a complainant is acting on behalf of an Advertiser, Ad Standards will consider the complainant’s connection to, and strength of their ties to, the Advertiser including, but not limited to, the complainant’s ability to act as a representative for the Advertiser. Complaints about an advertisement that are submitted by individual(s) who do not act on behalf of an Advertiser will be administered under the Consumer Complaint Procedure.

Non-Reviewable Complaints

If, upon review, it appears to Ad Standards that a complaint is not a disguised dispute between Advertisers, and that based on the provisions of the Code reasonable grounds for the complaint appear to exist, then the consumer complaint will be accepted for processing. If at any time thereafter during the complaint review process, but prior to the release of Council’s decision on the complaint, Ad Standards concludes that, in reality, the complaint is a dispute between Advertisers and not a consumer complaint, the process will be discontinued and the complainant notified accordingly. In these cases, the complainant will be advised to consider registering an advertisement-related complaint under Ad Standards’ Advertising Dispute Procedure.

Ad Standards shall decline to accept, or to proceed further with, a complaint, or any part thereof, where it is of the opinion that:

1. the specific advertisement(s) about which the complainant alleges a Code violation has/have not been identified;
2. based on the provisions of the Code, reasonable grounds for the complaint do not appear to exist;
3. the advertisement, or such part of the advertisement to which the complaint refers:
   • is, substantially, also the subject of litigation or other legal action then actively undertaken and pursued in Canada; or
   • is under review, or subject to an order, by a Canadian court, an agent or agency (or some other comparable entity) of the Canadian or a provincial/territorial government in Canada; or
   • generally meets, or exceeds, or is not inconsistent with, advertising standards articulated in regulations, guidelines, or otherwise by an agency (or some other comparable entity) of the Canadian government or a provincial government with respect to products or services that are fundamentally comparable to the products or services advertised in the advertisement to which the complaint refers; or
   • has been specifically approved by an agency (or some other comparable entity) of the Canadian government or a provincial/territorial government in Canada;
4. such advertisement is excluded from the application of the Code;
5. if in Ad Standards’ opinion, the complaint is beyond the resources or ability of Ad Standards to resolve effectively, reasonably or conclusively under this Consumer Complaint Procedure; or, if the matter to which such advertisement refers has been identified by a competent authority such as an agency (or some other comparable entity) of the Canadian government or a provincial government as being outside the purview of Ad Standards; or
6. the complainant is abusing this Consumer Complaint Procedure.

Ad Standards’ policy is to respond to every complaint or inquiry we receive from the public under the Consumer Complaint Procedure. In very rare instances, we receive complaints that contain offensive language or content. This includes foul language, racial slurs, or abusive or threatening messaging towards the members of an identifiable community or our staff. Unless the complainant is using such language to quote an ad that is the subject of a complaint, Ad Standards reserves the right not to respond to these submissions and they will not be advanced under the Consumer Complaint Procedure.

Complaint Review Process

All complaints directed to Ad Standards will be initially evaluated by Ad Standards staff. If, in its evaluation, Ad Standards makes a preliminary determination that there may be a Code infraction by the advertisement in light of the concern(s) raised in the complaint(s), the advertiser will be notified in writing of the nature of the complaint(s) and, if informed consent is freely granted by the complainant to Ad Standards, the identity of the complainant(s).

Complaints Involving Clauses 10 or 14

When an accepted complaint relates to the provisions of Clause 10 (Safety) or Clause 14 (Unacceptable Depictions and Portrayals) of the Code, the advertiser will be asked to respond to Ad Standards within a stated timeframe. The advertiser’s response will be forwarded verbatim to the complainant. If the complainant notifies Ad Standards that the complainant remains dissatisfied after receiving the advertiser’s response, the complaint will proceed to Council for deliberation. Otherwise, the matter will not be forwarded to Council and will not proceed further.

Complaints Involving All Other Code clauses

Where a preliminary determination has been made by Ad Standards’ staff that there may be an infraction of one or more of the other clauses of the Code (i.e. other than Clauses 10 or 14), the advertiser will be asked to respond to Ad Standards by providing, in writing and within the stated timeframe, information requested by Ad Standards or Council in order that Council may deliberate and reach a fully-informed decision about whether the Code has, in fact, been violated.

Administratively Resolved Complaints Involving Clauses 1 and 3

Ad Standards uses this ‘administratively resolved complaints’ mechanism as a streamlined procedure to handle simple, non-complicated cases that typically involve mistakes*, when it is in the best interest of both the advertiser and the consumer. Ad Standards staff can resolve these cases when they involve a potential contravention of Clause 1 (Accuracy and Clarity) and/or Clause 3 (Price Claims), without requiring Council’s adjudication if:

• After final determination at staff-level, only Clause 1 and/or Clause 3 are at issue;
• The advertiser permanently withdraws the advertisement in question before Council meets to consider the complaint; and
• In the case of retail advertising* that was in circulation within the three months prior to the advertiser being notified of the complaint by Ad Standards, the advertiser must, in addition to permanently withdrawing the advertisement, undertake appropriate corrective action by providing a correction notice* that:

(i) appears in consumer-oriented media addressed to the same consumers as the original advertisement; or that

(ii) is prominently exhibited at retail* where the incorrectly advertised product or service is available for purchase.

If these conditions are not met then Ad Standards will forward the case to Council for adjudication.

*Administratively Resolved Cases FAQ

Council Hearing and Decision

All complaints directed to Ad Standards will be initially evaluated by Ad Standards staff. Complaints that raise a potential Code issue will be referred to Council for adjudication. Council will operate in accordance with Standards Council Organization and Procedure.

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 will only consider submissions from the advertiser or complainant that are made in writing.

Council’s decisions are by majority vote. Any member of Council must abstain from voting on any matter that raises a potential conflict of interest.

If Council concludes that an advertisement violates the Code, the advertiser will be notified of the decision in writing and requested to appropriately amend the advertisement in question or permanently withdraw it, in either case without unreasonable delay. If the advertiser does not appeal the decision in accordance with the Consumer Complaint Procedure, the complainant will be notified of the Council’s decision.

If, at the initial deliberation by Council, the complaint is not upheld, both the complainant(s) and the advertiser will be notified in writing with an explanation for Council’s decision.

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 of Appeal Panels will be by majority vote and will be sent to the advertiser and complainant(s) following the appeal hearing. Decisions by Appeal Panels will be binding and final.

Publication of Council Adjudications

Ad Standards publishes summaries of Councils’ decisions in its online Ad Complaints Reporting.

When Council finds that an advertisement contravenes the Code, the advertiser is requested to appropriately amend or permanently withdraw the advertisement.

For cases where there is a contravention of the Code, a case summary is published as an educational tool for the industry, and not as a sanction to advertisers. Ad Standards' Ad Complaints Reporting is an important part of the advertising industry's consumer response mechanism. These reports provide valuable insights into consumer concerns about issues relating to advertising, and how Council interprets and applies the Code's clauses. Whether or not an advertiser is named in a case summary, or is kept anonymous, depends upon the advertiser’s action.

1. Non-identified Cases: In these cases, the advertiser permanently withdrew the advertisement before Council met to adjudicate the complaint. These case summaries maintain anonymity by not naming the advertiser and omitting identifiable details about the advertisement.
2. Identified Cases: In these cases, the advertiser did not permanently withdraw the advertisement before Council met to adjudicate the complaint. These case summaries identify the advertiser and provide identifiable details about the advertisement.

When Council determines that an advertisement does not contravene the Code, Ad Standards will ask the advertiser for their permission (at their discretion) to publish an identified case summary for the purpose of helping to educate the industry.

Identifying the Advertiser and its Advertisement

Notwithstanding any contrary provision stated elsewhere in the Code, Ad Standards will have the discretionary right, but not the obligation, in “Non-identified Cases” or in “Administratively Resolved Cases”, to identify and comment on an advertiser, its advertising and the outcome of a complaint about the advertisement as adjudicated by Ad Standards, Council and/or an Appeal Panel.

This discretionary right of Ad Standards arises when an advertiser in a “Non-identified Case” or in an “Administratively Resolved Case”:

1. has, in Ad Standards’ opinion, permitted or participated in the public disclosure of the identity of the advertiser and the advertising in question, and/or the outcome of one or more complaints about the advertising as adjudicated by Ad Standards, Council or an Appeal Panel; or
2. specifically asks Ad Standards to comment publicly, as Ad Standards sees fit, on the advertiser’s advertising in question and/or the outcome of one or more complaints about the advertising as adjudicated by Ad Standards, Council or an Appeal Panel.

Re-Opening a Case

Ad Standards has the discretionary right to reactivate the Consumer Complaint Procedure, in whole or part, including the imposition of sanctions provided in the Code, if an advertiser fails to fulfill its undertaking to withdraw or amend an advertisement, or if the matter underlying the complaint is of a continuing or repetitive nature, suggesting an avoidance of the provision(s) of the Code.

Advertiser’s Failure to Respond or Participate

If an advertiser fails to respond in a timely manner to Ad Standards’ request for a copy of the advertisement that is the subject of a consumer complaint, Ad Standards may ask the carrying media to assist Ad Standards by providing it with a copy of the advertisement in question. If an advertiser fails to respond to a complaint or participate in the Consumer Complaint Procedure, the complaint will be determined by Council without the advertiser’s reasoning.

Failure to Follow Procedure or Comply with Decision

The Code is a reflection of standards by which industry wishes to be held accountable for its advertising and representations to the public. Because self-regulation is more than self-restraint on the part of individual companies or entities, the Code would be incomplete without effective sanctions to enforce compliance.

If an advertiser fails to comply with the provisions of the Consumer Complaint Procedure or to voluntarily comply with a decision of Council, Ad Standards:

• will advise exhibiting media of the advertiser’s failure to co-operate and comply, and request media’s support in no longer exhibiting the advertising or representation(s) in question; and
• may publicly declare, in such manner as Council deems appropriate, that the advertising or representation(s) in question have been found to contravene the Code, and publicly identify the advertiser of such advertising or entity making such representation(s); and
• may notify the Competition Bureau and/or other regulatory authorities of the fact that the advertiser of such advertising or entity making such representation(s) has not complied with the Consumer Complaint Procedure, and/or that the advertising or representation(s) in question has/have been found to contravene the Code, and that the advertiser or entity making the representation(s) has not complied with a decision of Council.