The new law complements the federal government’s pitched Safe Social Media Act
New Brunswick has tabled the Young Consumers in Digital Markets Act under The Act Respecting Young Persons, Digital Markets, and Technology Use.
The Young Consumers in Digital Markets Act is the first law of its kind in Canada. It complements the federal government’s Safe Social Media Act (Bill C-34), which was pitched earlier this year.
The Young Consumers in Digital Markets Act will ban unfair consumer-facing practices targeting consumers under 16 years of age. It requires digital product providers to contribute to the prevention of the following:
- Omitting key information
- Misleading young consumers
- Pressuring or driving a sense of urgency to spur young consumers to buy or consent to something
- Complicating agreement terms to confuse young consumers
- Unfairly influencing young consumers’ choices or behaviors through leading ads or communications
Providers of digital goods, services and platforms used by young consumers will be subject to the Act, including providers of apps, games, and social media services. The Financial and Consumer Services Commission has been tasked with implementing and enforcing the new law.
“The legislation will set clear expectations for how businesses design, market and deliver digital products and services to young consumers,” said Kevin Hoyt, the commission’s CEO, in a statement.
André Côté, executive director of the Dais at Toronto Metropolitan University, added that the Young Consumers in Digital Markets Act sets “a trail-blazing precedent other provinces can follow.”
“The proposed act would be a first for Canada, putting under law cellphone restrictions and limits on non-educational videos to make sure students' attention is on learning at school, and protecting them on digital services beyond the classroom,” Côté said.
The new cellphone and personal mobile device limits will come into force in February 2027, the beginning of the second semester, for grade 9-12 students. Moreover, The Act Respecting Young Persons, Digital Markets, and Technology Use would legislate Policy 311 (Responsible Use of Digital Technology) reforms as well as the creation of Policy 902 (Screen Time and Personal Mobile Device Use in Licensed Early Learning and Child Care Facilities). These policies, implemented in September, seek to restrict distractions in class in addition to maintaining concentration on learning and cultivating real social connections.
“This legislation will help protect young people from the negative impacts of being online. We know kids are online, and it is our responsibility to make decisions that will help them be safe while they are online,” said Robert McKee, New Brunswick’s justice minister and the minister responsible for addictions and mental health services.
