- The law
- Competition Act, R.S.C. 1985, c. C-34, sections 53, 74.06 and 74.1; Criminal Code, section 206
- Who enforces it
- Competition Bureau Canada; Criminal Code offences are a matter for the police and prosecutors, not the Competition Bureau
- Penalties
- For a company, a court-ordered penalty of up to the greater of $10 million ($15 million for a repeat order) and three times the benefit gained, or 3% of worldwide revenue if the benefit can't be worked out. A deceptive prize notice under section 53 is a criminal offence.
What it means for your email
- Under section 74.06, a contest that promotes a business must make adequate and fair disclosure of the number and approximate value of the prizes, the areas they relate to, and anything you know that materially affects the chances of winning.
- Winners must be picked by skill or at random, and prizes must not be unduly delayed.
- The Competition Bureau expects disclosure before people are committed or put to any trouble, so put the key rules in the email and link to the full rules.
- The Criminal Code (section 206) makes it an offence to dispose of goods by a game of chance, or of mixed chance and skill, where the entrant pays. The Bureau's guidelines note that offering a free alternative to purchase keeps a contest clear of that.
- If a purchase is needed to enter (for example, a pure skill contest), say so prominently. If no purchase is needed, say that prominently too.
Do
- State the number and value of prizes, any regional allocation, the odds or what they depend on, and the closing date.
- Mention a skill-testing question if winners must answer one. The Bureau lists it among the rules to disclose.
- Make the rules free to read, without visiting a store or buying anything.
- Give the start date if there are early-bird prizes, so people can judge their chances.
Don't
- Don't make a purchase the only way into a chance-based contest.
- Don't send a notice that gives the impression someone has won when they're asked to pay or incur a cost. Section 53 bans this unless strict conditions are met.
- Don't imply prizes are still available once they've been awarded.
- Don't hold back prizes or pick winners in any way other than skill or chance.
Good to know
- Since 27 October 2023, the Régie des alcools, des courses et des jeux no longer regulates publicity contests in Quebec. Contests declared before that date stay under the old rules.
- Your contest email is still a commercial electronic message, so CASL consent, sender details and unsubscribe rules apply too.
Sources
- Competition Act, R.S.C. 1985, c. C-34 (Justice Laws Website, Government of Canada)
- Criminal Code, section 206 (Justice Laws Website, Government of Canada)
- Promotional Contests: Enforcement guidelines (Competition Bureau Canada)
- Promotional contests (Competition Bureau Canada)
- Organisateur de concours publicitaires (Régie des alcools, des courses et des jeux)
Researched by Mailfois · 2026/27 edition · checked 20 October 2026
Not legal advice. This is a plain-English summary. Check the sources for anything specific, or take professional advice. Spotted something out of date? Email [email protected] and we'll credit you if you'd like.