A Guide to Commercial Patriotism: Understanding ‘Made in Canada’ and Similar Labels

In light of the rising “Buy Canadian” sentiment amidst current and ongoing threats of a trade war with the U.S., Canadian businesses are more frequently making use of product of origin labelling to promote their products as “Canadian” to consumers. While businesses have a right to promote Canadian products, or Canadian components and processes associated with their products, it must be done accurately to avoid allegations of “maple-washing” or misleading consumers regarding the origins of a product.

The Canadian Food Inspection Agency ("CFIA") enforces country of origin claims on food products through the Food and Drugs Act and the Safe Food for Canadians Act, and their related regulations, which require that certain classes of food products list the country of origin.

The Competition Bureau (the "Bureau") administers and conducts enforcement action through certain federal statutes that cover non-food products, including the Competition Act, the Consumer Packaging and Labelling Act and the Textile Labelling Act. Labelling the country of origin is not mandatory under the foregoing, but businesses that voluntarily provide country of origin labelling are strictly prohibited from making false or misleading representations to promote their goods or services.

The Bureau and CFIA both provide helpful guidance regarding country of origin labelling.

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