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 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

Publications

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

News

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 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
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