Discretionary Services Regulations — 5
Alcoholic beverages 5 (1) A licensee may broadcast a commercial message directly or indirectly advertising an alcoholic beverage if (a) the sponsor is not prohibited from advertising the alcoholic beverage by the laws of the province in which the commercial message is broadcast; (b) the commercial message is not designed to promote the general consumption of alcoholic beverages; and (c) the commercial message (i) does not attempt to influence non-drinkers of any age to drink or to purchase an alcoholic beverage, (ii) is not directed at persons under the legal drinking age, does not associate an alcoholic beverage with youth or youth symbols and does not portray persons under the legal drinking age or persons who could reasonably be mistaken for such persons in a context where any such product is being shown or promoted, (iii) does not portray an alcoholic beverage in the context of, or in relation to, an activity that is attractive primarily to people under the legal drinking age, (iv) does not contain an endorsement of the alcoholic beverage, personally or by implication, either directly or indirectly, by any person, character or group who is or is likely to be a role model for minors because of their past or present position of public trust, special achievement in any field of endeavour, association with charities or advocacy activities benefiting children, or reputation or exposure in the mass media, (v) does not attempt to establish an alcoholic beverage as a status symbol, a necessity for the enjoyment of life or an escape from life’s problems or attempt to establish that consumption of the product should take precedence over other activities, (vi) does not imply directly or indirectly that social acceptance, social status, personal success, or business or athletic achievement may be acquired, enhanced or reinforced through consumption of alcohol, (vii) does not imply directly or indirectly that the presence or consumption of alcohol is, in any way, essential to the enjoyment of an activity or an event, (viii) does not portray an alcoholic beverage, or its consumption, in an immoderate way, (ix) does not exaggerate the importance or effect of any aspect of an alcoholic beverage or its packaging, (x) does not show or use language that suggests, in any way, product misuse or product dependency, compulsive behaviour, urgency of need or urgency of use, (xi) does not use imperative language to urge people to purchase or consume an alcoholic beverage, (xii) does not introduce an alcoholic beverage in such a way or at such a time that it may be associated with the operation of any vehicle or conveyance requiring skill, (xiii) does not introduce an alcoholic beverage in such a way or at such a time that it may be associated with any activity requiring a significant degree of skill, care or mental alertness or involving an obvious element of danger, (xiv) does not contain inducements to prefer an alcoholic beverage because of its higher alcohol content, (xv) does not refer to the feeling and effect caused by alcohol consumption or show or convey the impression, by behaviour or comportment, that the people depicted in the message are under the influence of alcohol, (xvi) does not portray any person with an alcoholic beverage in situations in which the consumption of alcohol is prohibited, and (xvii) does not contain scenes in which an alcoholic beverage is consumed or scenes that give the impression, visually or in sound, that it is being or has been consumed. Non-application (2) For greater certainty, paragraph (1)(b) does not apply in order to prohibit industry, public service or brand preference advertising.