New Brunswick: First-Ever Young Consumers Digital Markets Act Introduced

• New Brunswick has introduced the Young Consumers in Digital Markets Act, the first of its kind in Canada, under the broader Act Respecting Young Persons, Digital Markets, and Technology Use.
• The Act bans unfair consumer practices targeting individuals under 16 and applies to digital product providers like apps, games, and social media services.
• Enforcement of the new law will be handled by the Financial and Consumer Services Commission New Brunswick, setting clear expectations for businesses.
• It also includes new cellphone and mobile device limits for grades 9-12 students, effective February 2027, and legislates reforms to existing technology use policies.
• Experts view this legislation as a "trail-blazing precedent" for online protection minors New Brunswick, potentially influencing other provinces and complementing the federal Safe Social Media Act.

This landmark initiative marks the first law of its kind across Canada, establishing new regulatory standards for digital interactions involving minors.

New Brunswick has introduced a pioneering piece of legislation, the Young Consumers in Digital Markets Act, which operates under the umbrella of The Act Respecting Young Persons, Digital Markets, and Technology Use. This landmark initiative marks the first law of its kind across Canada, establishing new regulatory standards for digital interactions involving minors. The provincial legislation also serves as a complementary measure to the federal government's proposed Safe Social Media Act, known as Bill C-34, which was put forward earlier this year.

A core component of the New Brunswick Young Consumers Digital Markets Act is its prohibition of unfair consumer-facing practices specifically aimed at individuals under the age of 16. The statute mandates that digital product providers, encompassing a wide array of services such as apps, games, and social media platforms, must actively contribute to the prevention of such practices. The Financial and Consumer Services Commission New Brunswick has been designated as the authority responsible for both the implementation and enforcement of these new regulations. Kevin Hoyt, CEO of the commission, emphasized that the legislation will clearly define expectations for how businesses design, market, and deliver digital products and services to young consumers.

The comprehensive Act Respecting Young Persons, Digital Markets, and Technology Use extends beyond consumer protection to address broader aspects of technology use among youth. It is set to formalize reforms to Policy 311, which governs the Responsible Use of Digital Technology, and will also legislate the establishment of Policy 902, focusing on Screen Time and Personal Mobile Device Use in Licensed Early Learning and Child Care Facilities. These policies, which were initially put into effect in September, aim to reduce classroom distractions, foster sustained concentration on learning, and encourage genuine social interactions among students.

Furthermore, the legislation introduces new restrictions on cellphone and personal mobile device usage for students in grades 9 through 12. These specific limits are scheduled to take effect in February 2027, coinciding with the commencement of the second semester. André Côté, executive director of the Dais at Toronto Metropolitan University, highlighted the Act's significance, describing it as a "trail-blazing precedent" that could inspire similar legislative efforts in other Canadian provinces. Côté noted that the proposed Act represents a Canadian first by legally mandating cellphone restrictions and limitations on non-educational videos, thereby ensuring students' focus remains on their education while also providing online protection for minors in New Brunswick beyond school hours.

The overarching goal of the New Brunswick Young Consumers Digital Markets Act is to safeguard young individuals from the potential adverse effects of their online engagement. Robert McKee, New Brunswick’s justice minister and the minister responsible for addictions and mental health services, articulated the government's stance, stating that the legislation will help protect young people from the negative impacts of being online. He underscored the collective responsibility to make informed decisions that ensure the safety of children while they navigate the digital world.

This proactive approach by New Brunswick digital product providers youth aims to create a safer digital environment, setting a benchmark for online protection minors New Brunswick and potentially influencing national standards for digital product providers operating in the region.

Lawyers advising digital product providers operating in New Brunswick must review their clients' current practices for designing, marketing, and delivering digital products and services to consumers under 16. This new legislation imposes specific compliance obligations to prevent unfair practices and ensure online safety for minors, with enforcement by the Financial and Consumer Services Commission.

Source: Original reporting via Canadian Legal Newswire