Social Media Advertising and Influencer Disclosure
Do influencers have to disclose paid partnerships in Canada?
Often, yes. If there is a relationship between the creator and the brand that could affect how the audience views the endorsement, that relationship should generally be disclosed. In Canada, this can raise issues under the Competition Act and Ad Standards guidance on influencer marketing.
What is a material connection?
A material connection is any benefit, incentive, or relationship that could matter to the audience. Examples include payment, free or gifted products, loaned items, discounts, affiliate commissions, travel, event access, hospitality, employment, agency relationships, or personal and family relationships with the brand.
Where should the disclosure appear?
The disclosure should appear where people will actually see or hear it. It should be close to the endorsement itself and should not depend on someone clicking “more”, expanding a caption, or searching through hashtags.
What wording is usually clearer?
Plain language is usually safer. Examples include Ad, Sponsored, Paid partnership, Gifted, or Paid partnership with [Brand]. The audience should be able to understand the relationship without guesswork.
Are hashtags like #sp or #collab enough?
Not always. Short or vague tags may be inadequate if an ordinary viewer would not understand that there is a commercial relationship. Clearer wording is generally better.
Do video posts need a different kind of disclosure?
Sometimes, yes. For video, livestreams, Stories, Reels, Shorts, and similar content, the disclosure may need to be on-screen and, in some cases, spoken aloud so that it is clear in the format the audience is actually using.
If the post is disclosed, can the creator say anything they want?
No. Disclosure does not fix a misleading claim. The post itself still needs to be accurate and not misleading, including the overall impression it gives.
Who can be responsible if the disclosure is missing or unclear?
Responsibility may extend beyond the creator. Depending on the circumstances, it may also involve the brand, agency, manager, or others involved in preparing, approving, or directing the content.
Why does this matter?
A failure to disclose a material connection can create legal and regulatory risk. Depending on the facts, it may be treated as a false or misleading representation under the Competition Act. Complaints may also arise through Ad Standards processes.
What is the safest practical approach?
If there is any commercial relationship behind a post, the safer approach is to:
- disclose it clearly;
- place the disclosure where the audience will notice it;
- use simple, unambiguous wording; and
- ensure the post itself is accurate and not misleading.