Janine MacNeil 

Janine MacNeil

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.307.4124
e: janine.macneil@mcmillan.ca

overview

Janine MacNeil is a partner in the firm's Competition and Marketing Law Group. Janine's practice includes advising on advertising matters, promotional contests, games and sweepstakes, related privacy matters, compliance with consumer protection legislation, marketing and advertising-related agreements, and packaging and labelling requirements.

In addition, Janine has assisted clients in complying with the Competition Bureau's merger notification regime, in the creation of competition compliance programs, and responding to Competition Bureau cartel and other investigations.

Janine is Past Chair of the Marketing Practices Committee of the Canadian Bar Association's Competition Law Section.

Representative Matters

Janine MacNeil's representative work includes advising some of Canada's largest and most respected companies in the telecommunications, retail, automotive, manufacturing, insurance, mass media and entertainment sectors in the following areas:

  • Advertising copy review for all media; food, drug and cosmetic packaging and labeling review; drafting and negotiating co-promotion, talent, licensing and sponsorship agreements; identifying and advising on privacy issues relating to consumer promotions; and compliance in the design, review and execution of contests and promotions.
  • Privacy law matters including security, compliance procedures and documentation, information audits, privacy policies, consent documentation, organizational procedures and practices, compliance procedures and regulatory matters.
  • Information technology/e-commerce matters, including transaction and contracting; website development; online advertising and marketing issues; security of transaction and privacy issues; consumer protection issues; intellectual property rights; jurisdiction and multi-national law issues.
  • Merger matters, including Kraft/Cadbury, West Fraser/Weldwood. Kraft/Nestle, Teck Cominico/Aur Resources, Teck Cominico/Inco, Teck Cominico/Fording, Davis + Henderson/Resolve, Poscor/Triple M, among others.
  • Cartel investigations, including Liquid Crystal Display, Cathode Ray Tubes, and Copper Concentrates.

Presentations

Advertising & Marketing Law: Social, Digital, Online Compliance ‐ Legal Issues for 2018 and Beyond
Advertising and Marketing Law: Made in Canada
Portfolio Management Association of Canada
From Fine Print to Another Fine Mess: Developments in Advertising Law in Canada
Corporate Counseling Committee Monthly Antitrust Update Program December 2016 Developments
Data Storage: Understanding Your Legal and Ethical Obligations
New Anti-Spam Regulations
Canada's Anti-Spam Legislation - Revised Regulations Released. Is Your Organization Ready?
Social Media and Mobile Privacy Issues
Ontario's Consumer Protection Act: Learning from a Decade of Compliance
Impact of Social Media on Regulators: Balancing Privacy and Public Interest in the World of Social Media
Contests, the Internet and…Zombies? The Importance of Awareness, Responsiveness and Legal Compliance in Running Successful Online Contests
Speaker, Preventing WikiLeaks: How to Keep Your Client's Information Private and Data Protected
How to Keep Your Cutting Edge Creative Compliant
Social Media and the Regulator's Dilemma
Information Privacy and Data Protection
The 2009 Competition Act Amendments: Assessing Your Marketing Practices
Ensuring Compliance for Your Privacy Policies: The Latest Developments in Privacy Law
Information Privacy and Data Protection Conference
Staying On-Side: Corporate Compliance Programs
Developments in the Law of Price Maintenance, Refusal to Deal, and Predatory Pricing and Loyalty Programs and Abuse of Dominance: Canada Pipe
Cost of Credit Disclosure Issues – Credit Cards: Taking a Swipe at Ontario's New Consumer Protection Act, 2002
The Price Claim is Right (or is it?): How to Factor Pricing Issues Into Your Marketing Practices
Price Claims: Too Good to be True? Separating Fact from Fiction in Ordinary Price Claims
Price (Mis)Representations: The Continuing Challenge of Regular Price Comparisons
Price Advertising: Effective and Compliant Strategies
Substantive Issues in Canadian Merger Control: A Practical Guide

Publications

A $250,000 Reminder that "CASL" is Not Just an Anti-Spam Law
CASL Private Right of Action Delayed; Enforcement by CRTC Continues
Back to Basics: Acting Chairman Maureen K. Ohlhausen presents near-term FTC reforms
Canada Finalizes Changes to Nutrition Labelling Requirements for Packaged Foods
Health Canada Consultations on the Prohibition of Partially Hydrogenated Oils in Foods and Front-of-Package Nutrition Labelling
The Canadian Food Inspection Agency's Food Labelling Modernization Initiative: Phase III Discussion Paper and Questionnaire Launches
What's the CFL made of? Not Pizza Pizza: Grey Cup Ticket promotion goes awry
Enforcement Advisory: Keeping Records of Consent under CASL
Shining Light in Dark Places: GPEN Sweep Targets Children's Mobile Applications and Websites
Top 10 Tips for Introducing and Maintaining Effective Competition Law Compliance Programs
Commissioner of Competition Introduces Revised Compliance Programs Bulletin at McMillan Event
CRTC Imposes $1.1 Million Penalty for Alleged CASL Violation
Canadian Competition Law Compliance: The Bureau Shows Us the Money
Behavioural Remedies: Not Dead, Just Resting
Memorandum of Understanding
on CASL between the Commissioner
of Competition, the CRTC, and the Privacy Commissioner
Further misleading advertising enforcement activity
Criminal conviction in website scam: First conviction for violating a registered consent agreement
Your contest may not be a winner
Refusal to Deal in Canada: A Primer
Competition Bureau Releases Final Bulletin on Corporate Compliance Programs
The Implications of the Recent Decision Of The U.S. Supreme Court in Leegin for Distribution Policies in Canada
Competition Bureau Releases Draft Bulletin on Corporate Compliance Programs
Competition Bureau Releases Draft Bulletin on Corporate Compliance Programs
Til Death Us Do Part: Is the Canadian Law of Refusal to Deal Becoming an Increasing Challenge for Efficient Distribution Arrangements in Canada?
Dr. Miles Retires: Leegin's Implications for Canada
'Til Death Do Us Part: Does The Law of Refusal to Deal Make Your Distributor a Lifetime Partner?
The Canadian Efficiencies Defence: A New Approach
The Law of Refusal to Deal: Distributors as Lifetime Partners?
Efficiencies Again
The Development of Private Enforcement of the 'Refusal to Deal' Law in Canada
Recent Developments in the Canadian Law of Refusal to Deal
Summary of White Paper: Competition Bureau Issues Final Merger Remedies Bulletin
Important Practical Competition Law Issues in Day-to-Day Transactions: Developments in the Law of Predation, Price Maintenance and Refusal to Deal
Marketing Payment Cards in Canada
National Security Concerns in Foreign Investment Transactions: A Look at Bill C-59
Do Not Call Comes to Canada
What's in Store for Sears? A Look at the Competition Tribunal's Decision
Competition Act Amendments Tabled: What's in Bill C-19

News

71 McMillan Lawyers Named in the 2020 Edition of Best Lawyers in Canada
60 McMillan Lawyers Recognized in the 2019 Canadian Legal Lexpert Directory
McMillan Named Competition Law Firm of the Year by Chambers Canada
McMillan lawyers are well represented in the 2019 edition of Chambers Canada
65 McMillan Lawyers Named in the 2019 Edition of Best Lawyers in Canada
Margaret McNee recognized as Mutual Funds Lawyer of the Year, along with 58 McMillan Lawyers in the 2018 Best Lawyers in Canada Report
McMillan lawyers are well represented in the 2017 edition of Chambers Canada
61 McMillan lawyers recognized in The Best Lawyers in Canada 2017
McMillan lawyers are well represented in inaugural edition of Chambers Canada
60 McMillan lawyers recognized in the 10th Edition of The Best Lawyers in Canada
Commissioner of Competition Introduces Revised Compliance Programs Bulletin at McMillan Event
McMillan lawyers recognized in the 2015 Best Lawyers in Canada

Education

  • Dalhousie University, LLB - 2000
  • Mount Saint Vincent University, BBA - 1997

Year Of Call

  • Called to the Ontario bar - 2002

Practices

competition and antitrust
CASL - spam and other electronic threats
marketing and advertising
privacy and data protection compliance
entertainment and media
social media
privacy and data protection
unilateral conduct and distribution practices
cartels
mergers

Industries

retail
media, communications and entertainment
media
automotive
manufacturing, distribution and retail

Directorships and Professional Associations

  • Canadian Bar Association, Past Chair, Marketing Practices Committee, Competition Law Section
  • American Bar Association, Antitrust Law Section
  • Ontario Bar Association
  • Advertising Standards Canada
  • Canadian Marketing Association
  • Promotion Marketing Association
  • Certified Information Privacy Professional / Canada (CIPP/C)

Awards & Rankings

  • Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the area of Advertising & Marketing Law
  • Recognized in the 2019 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Advertising & Marketing Law
  • Recognized by Chambers Canada 2019 as a leader in Advertising & Marketing 
  • Recognized by Best Lawyers in Canada (2019) as a leading lawyer in the area of Advertising and Marketing Law
  • Recognized in Best Lawyers in Canada (2018) as a leading lawyer in the area of Advertising and Marketing Law
  • Recognized in Chambers Canada 2017 as a leading lawyer in the area of Advertising & Marketing - Canada

Media Mentions

vcard

Janine MacNeil is a partner in the firm's Competition and Marketing Law Group. Janine's practice includes advising on advertising matters, promotional contests, games and sweepstakes, related privacy matters, compliance with consumer protection legislation, marketing and advertising-related agreements, and packaging and labelling requirements.

In addition, Janine has assisted clients in complying with the Competition Bureau's merger notification regime, in the creation of competition compliance programs, and responding to Competition Bureau cartel and other investigations.

Janine is Past Chair of the Marketing Practices Committee of the Canadian Bar Association's Competition Law Section.

Janine MacNeil's representative work includes advising some of Canada's largest and most respected companies in the telecommunications, retail, automotive, manufacturing, insurance, mass media and entertainment sectors in the following areas:

  • Advertising copy review for all media; food, drug and cosmetic packaging and labeling review; drafting and negotiating co-promotion, talent, licensing and sponsorship agreements; identifying and advising on privacy issues relating to consumer promotions; and compliance in the design, review and execution of contests and promotions.
  • Privacy law matters including security, compliance procedures and documentation, information audits, privacy policies, consent documentation, organizational procedures and practices, compliance procedures and regulatory matters.
  • Information technology/e-commerce matters, including transaction and contracting; website development; online advertising and marketing issues; security of transaction and privacy issues; consumer protection issues; intellectual property rights; jurisdiction and multi-national law issues.
  • Merger matters, including Kraft/Cadbury, West Fraser/Weldwood. Kraft/Nestle, Teck Cominico/Aur Resources, Teck Cominico/Inco, Teck Cominico/Fording, Davis + Henderson/Resolve, Poscor/Triple M, among others.
  • Cartel investigations, including Liquid Crystal Display, Cathode Ray Tubes, and Copper Concentrates.
June 2017
CASL Private Right of Action Delayed; Enforcement by CRTC Continues

Litigation, Business Law and Technology Bulletin

December 2016
What's the CFL made of? Not Pizza Pizza: Grey Cup Ticket promotion goes awry

Advertising & Marketing Law Bulletin

August 2015
The Fundamentals of Canadian Competition Law, Third Edition
Jointly published with the Canadian Bar Association's Competition Law Section
Editor, James Musgrove with Assistant Editor, Janine MacNeil
Authors of Chapter 1: Introduction and Overview: The Purpose of Canadian Competition Law, James Musgrove and Janine MacNeil 
May 2014
Canada's Anti-Spam Law: Are You Ready?
McMillan at a glance
March 2014
Behavioural Remedies: Not Dead, Just Resting
Competition Bulletin
March 2012
Your contest may not be a winner
McMillan Competition and Antitrust Bulletin/Lexology
January 2010
Refusal to Deal in Canada: A Primer
ABA Section of Antitrust Law's Unilateral Conduct Committee, International Committee and Distribution and Franchise Committee and the ABA Centre for Continuing Legal Education Teleseminar Series, Distribution Issues in the North Atlantic Triangle: Part III: Refusal to Deal: When Can – and Will – You be Required to Supply
Winter 2009
Competition Bureau Releases Final Bulletin on Corporate Compliance Programs
Lang Michener Competition & Marketing Brief
May 2008
The Implications of the Recent Decision Of The U.S. Supreme Court in Leegin for Distribution Policies in Canada
Co-authored: Janine MacNeil and James Musgrove
TerraLex Connections
May 2008
Competition Bureau Releases Draft Bulletin on Corporate Compliance Programs
Co-authored: Janine MacNeil, Esther Rossman and James Musgrove
CCH Corporate Brief , No. 165
April 2008
Competition Bureau Releases Draft Bulletin on Corporate Compliance Programs
CCH Corporate Brief & Competition and Antitrust Alert
September 2007
Til Death Us Do Part: Is the Canadian Law of Refusal to Deal Becoming an Increasing Challenge for Efficient Distribution Arrangements in Canada?
Co-authored: James Musgrove and Janine MacNeil
Distribution, The Newsletter of the Distribution and Franchising Committee, Antitrust Section - American Bar Association Volume 11, Number 2
Summer 2007
Dr. Miles Retires: Leegin's Implications for Canada
Lang Michener Competition & Antitrust Brief and International Antitrust Bulletin
Summer 2007
'Til Death Do Us Part: Does The Law of Refusal to Deal Make Your Distributor a Lifetime Partner?
Lang Michener Competition & Antitrust Brief and Canadian Corporate Counsel, Volume 17, Number 1
January 2007
The Canadian Efficiencies Defence: A New Approach
Co-authored: James Musgrove and Janine MacNeil
International Antitrust Bulletin
November 2006
Efficiencies Again
Co-authored: James Musgrove and Janine MacNeil
Toronto Law Journal
September 2006
The Development of Private Enforcement of the 'Refusal to Deal' Law in Canada
Competition Law Publication by Federated Press
May 2006
Recent Developments in the Canadian Law of Refusal to Deal
Co-authored: James Musgrove and Janine MacNeil
The ABA Newsletter of the Distribution and Franchising Committee, Antitrust Section, Vol. 10, No. 2
April 2006
Important Practical Competition Law Issues in Day-to-Day Transactions: Developments in the Law of Predation, Price Maintenance and Refusal to Deal
Co-authored: James Musgrove and Janine MacNeil
The Advocates' Quarterly, Vol. 31, No. 2
February 2006
Marketing Payment Cards in Canada
Co-authored: Martine Masse, James Musgrove, Janine MacNeil
Canadian Institute Payment Card Compliance in Canada Conference
Fall 2005
National Security Concerns in Foreign Investment Transactions: A Look at Bill C-59
Lang Michener Competition & Antitrust Brief
Summer 2005
Do Not Call Comes to Canada
Lang Michener Advertising & Marketing Brief
Winter 2005
What's in Store for Sears? A Look at the Competition Tribunal's Decision
Co-authored: James Musgrove and Janine MacNeil
Lang Michener Advertising & Marketing Brief
November 2004
Competition Act Amendments Tabled: What's in Bill C-19
Co-authored: James Musgrove and Janine MacNeil
Lang Michener Competition & Antitrust Brief
October 2018
Advertising & Marketing Law: Social, Digital, Online Compliance ‐ Legal Issues for 2018 and Beyond
OBA | Professional Development, Toronto
April 28, 2017
Advertising and Marketing Law: Made in Canada
Canadian Bar Association National Competition Law Section's Young Lawyers Symposium
April 25, 2017
Portfolio Management Association of Canada
Compliance Officers' Network, CASL Compliance Recap
February 23, 2017
From Fine Print to Another Fine Mess: Developments in Advertising Law in Canada
Canadian Bar Association National Competition Law Section's Marketing Practices Committee
January 11, 2017
Corporate Counseling Committee Monthly Antitrust Update Program December 2016 Developments
ABA Section of Antitrust Law, Toronto, Ontario
June 3, 2015
Professional Responsibilities for In-house Counsel and Compliance Officers
Competition Law Compliance Programs: Meet the Commissioner and the Deputies, Toronto
June 6, 2013
Data Storage: Understanding Your Legal and Ethical Obligations
MagNet 2013
January 31, 2013
New Anti-Spam Regulations
Association of Canadian Advertisers
January 30, 2013
Canada's Anti-Spam Legislation - Revised Regulations Released. Is Your Organization Ready?
McMillan 2013 Corporate Counsel Series
December 6, 2012
Social Media and Mobile Privacy Issues
Information Privacy and Data Protection: Technology, Security and Corporate Responsibility in Today's Marketplace, Lexpert
October 17, 2012
Ontario's Consumer Protection Act: Learning from a Decade of Compliance
Consumer Law Essentials, The Canadian Bar Association
December 2, 2011
Impact of Social Media on Regulators: Balancing Privacy and Public Interest in the World of Social Media
College of Respiratory Therapists of Ontario Annual Education Day
November 30, 2011
Contests, the Internet and…Zombies? The Importance of Awareness, Responsiveness and Legal Compliance in Running Successful Online Contests
Digital Marketing & Advertising Law: New Rules & Practical Advice to Protect Your Corporation While Increasing Your Profits, Insight Information Co.
November 23, 2011
Speaker, Preventing WikiLeaks: How to Keep Your Client's Information Private and Data Protected
McMillan Corporate Counsel Continuing Professional Development Series
March 1, 2011
How to Keep Your Cutting Edge Creative Compliant
McMillan Corporate Counsel Continuing Professional Development Series
February 25, 2011
Social Media and the Regulator's Dilemma
Ontario Professional Regulators' Policy Network: Balancing Practitioners' Privacy and Public Interest
November 29, 2010
Information Privacy and Data Protection
Privacy and Marketing, Lexpert
June 2010
The 2009 Competition Act Amendments: Assessing Your Marketing Practices
Consumer Law Seminar, Ontario Bar Association, Business Law Section
April 29, 2010
Ensuring Compliance for Your Privacy Policies: The Latest Developments in Privacy Law
Advertising & Marketing Law & Compliance for Financial Institutions, The Canadian Institute
November 2009
Information Privacy and Data Protection Conference
Lexpert
May 2008
Staying On-Side: Corporate Compliance Programs
Mapping the Terrain: An Update on Canadian Competition Law and a Look at the Year Ahead, presented by Lang Michener's Competition & Marketing Law Group
December 2006
Developments in the Law of Price Maintenance, Refusal to Deal, and Predatory Pricing and Loyalty Programs and Abuse of Dominance: Canada Pipe
Competition Law Essentials Conference, The Continuing Legal Education Society of BC, Vancouver
April 2005
Cost of Credit Disclosure Issues – Credit Cards: Taking a Swipe at Ontario's New Consumer Protection Act, 2002
New Rules for Consumers and Businesses – The New Consumer Protection Act, presented jointly by the Ontario Bar Association and the Law Society of Upper Canada, Toronto
January 25, 2005
The Price Claim is Right (or is it?): How to Factor Pricing Issues Into Your Marketing Practices
11th Annual Advertising & Marketing Conference
November 29, 2004
Price Claims: Too Good to be True? Separating Fact from Fiction in Ordinary Price Claims
7th Annual Conference Advertising & Marketing Law, presented by Insight Information, Toronto
January 31, 2003
Price (Mis)Representations: The Continuing Challenge of Regular Price Comparisons
9th Annual Advertising and Marketing Law Conference, presented by the Canadian Institute, Toronto
May 30, 2002
Price Advertising: Effective and Compliant Strategies
Advertising and Marketing Law Conference, presented by The Canadian Institute
May 13, 2002
Substantive Issues in Canadian Merger Control: A Practical Guide
Essentials of Competition Law Conference, presented by the Ontario Bar Association, Business Law Section