jmshakespearassignment

jmshakespearassignment - 52. (1) No person shall, for the...

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52. (1) No person shall, for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest, by any means whatever, knowingly or recklessly make a representation to the public that is false or misleading in a material respect. Proof of certain matters not required (1.1) For greater certainty, in establishing that subsection (1) was contravened, it is not necessary to prove that ( a ) any person was deceived or misled; ( b ) any member of the public to whom the representation was made was within Canada; or ( c ) the representation was made in a place to which the public had access. Permitted representations (1.2) For greater certainty, a reference to the making of a representation, in this section or in section 52.1, 74.01 or 74.02, includes permitting a representation to be made. Representations accompanying products (2) For the purposes of this section, a representation that is ( a ) expressed on an article offered or displayed for sale or its wrapper or container, ( b ) expressed on anything attached to, inserted in or accompanying an article offered or displayed for sale, its wrapper or container, or anything on which the article is mounted for display or sale, ( c ) expressed on an in-store or other point-of-purchase display, ( d ) made in the course of in-store, door-to-door or telephone selling to a person as ultimate user, or ( e ) contained in or on anything that is sold, sent, delivered, transmitted or made available in any other manner to a member of the public, is deemed to be made to the public by and only by the person who causes the representation to be so expressed, made or contained, subject to subsection (2.1). Representations from outside Canada (2.1) Where a person referred to in subsection (2) is outside Canada, a representation described in paragraph (2)( a ), ( b ), ( c ) or ( e ) is, for the purposes of subsection (1), deemed to be made to the public by the person who imports into Canada the article, thing or display referred to in that paragraph. Deemed representation to public (3) Subject to subsection (2), a person who, for the purpose of promoting, directly or indirectly, the supply or use of a product or any business interest, supplies to a wholesaler, retailer or other distributor of
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a product any material or thing that contains a representation of a nature referred to in subsection (1) is deemed to have made that representation to the public. General impression to be considered (4) In a prosecution for a contravention of this section, the general impression conveyed by a representation as well as its literal meaning shall be taken into account in determining whether or not the representation is false or misleading in a material respect. Offence and punishment
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This note was uploaded on 07/06/2011 for the course ECON 101 taught by Professor Corne during the Spring '11 term at Benedict.

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jmshakespearassignment - 52. (1) No person shall, for the...

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