1. Definitions
- Platform: the checkedcanadian.ca website, the directory, the messaging tools, the Check service, and any related services we provide.
- Manufacturer: a business that creates a listing on the Platform.
- Buyer: any person or organization that uses the Platform to search for manufacturers or send a request for quote.
- Visitor: anyone who views the Platform.
- User: any Manufacturer, Buyer, or Visitor.
- Listing: a Manufacturer's profile, including photos, descriptions, and contact details.
- Check: the paid annual document review described in section 5.
- Mark: the dated red Checked Canadian graphic, the public record page, and the embeddable badge issued after a successful Check.
- Sponsored Placement: paid, capped featured positioning described in section 6.
- Check Fund: the fund described in section 6A, into which all Sponsored Placement fees are paid.
- Submission Materials: cost breakdowns, invoices, bills of materials, and other documents a Manufacturer gives us for a Check.
- Competition Bureau Guidance: the Competition Bureau of Canada's published enforcement guidance on "Product of Canada" and "Made in Canada" claims, as amended from time to time.
2. Who we are and what we are not
Checked Canadian is an independent, privately owned Canadian company. We are not a government body and have no connection with the Government of Canada, any province, or the Competition Bureau. We are not a certification body and are not accredited by the Standards Council of Canada or any other accreditation body. We do not inspect factories, audit supply chains, or test products. We provide a directory and a document-consistency review service.
3. Accounts
3.1 You must be at least 18 and have authority to bind the business you represent. 3.2 You are responsible for keeping your login details secure and for everything done under your account. 3.3 We may suspend or close an account that breaches these Terms, gives false information, or creates risk for other Users. 3.4 Business Users may be asked to provide a CRA business number or provincial registration number. We may cross-check it against public registries and may hide a Listing if the number cannot be matched.
4. Manufacturer Listings
4.1 Accuracy. You confirm that everything in your Listing is true, current, and not misleading, and that you own or have permission to use every photo and logo you upload. 4.2 Your claims are yours. Any statement in your Listing about where your products are made is your representation, not ours. You are solely responsible for it under the Competition Act, the Consumer Packaging and Labelling Act, the Textile Labelling Act, and any other law that applies. 4.3 Moderation. We may edit, hide, or remove any Listing or content at any time, with or without notice, including where we receive a complaint, cannot verify a business number, or believe the content is misleading. We are not obliged to police Listings. 4.4 Licence to us. You grant us a worldwide, royalty-free licence to host, display, reproduce, and distribute your Listing content on the Platform and in our marketing, for as long as your Listing is live and for a reasonable period afterwards in cached or archived form. 4.5 Free directory, permanently. The Listing is free of charge and will remain free of charge. We will not introduce a fee for creating, keeping or being found through a Listing, and we will not require a login to search or read the directory. We may add optional paid features, but nothing in the free Listing as described in section 4.1 will be moved behind a fee.
4.6 Listings created from public information. Some listings are created by us from information a business publishes on its own website, and are marked "unclaimed" until the business claims them. If a listing is about your business and you want it corrected, claimed or removed, email listings@checkedcanadian.ca. We correct or remove within 5 business days, no questions asked. To report content you believe infringes your copyright or trademark, email legal@checkedcanadian.ca with the listing link and the basis of the claim; we act within 5 business days.
5. The Check
5.1 What a Check is. A Check is a paid, annual, desk-based review in which you submit a cost breakdown and supporting documents for one named product line, and a Checked Canadian reviewer examines whether the figures and documents you submitted are internally consistent with the thresholds described in the Competition Bureau Guidance, namely: (a) for a "Made in Canada" claim: at least 51% of the total direct costs of producing or manufacturing the product were incurred in Canada, the last substantial transformation occurred in Canada, and the claim carries an appropriate qualifying statement (for example "Made in Canada with imported parts"); or (b) for a "Product of Canada" claim: all or virtually all (at least 98%) of total direct costs were incurred in Canada and the last substantial transformation occurred in Canada. 5.2 Non-food only. We do not Check food products. Food claims are regulated by the Canadian Food Inspection Agency under separate rules. 5.3 What a Check is not. A Check is not an audit, certification, inspection, legal opinion, or guarantee. We do not verify that your documents are genuine, that your suppliers are where they say they are, or that your costs are correctly classified. We do not decide whether your products are lawfully labelled. We do not confirm compliance with any law. A Check does not create any relationship between us and any regulator, Buyer, or consumer. 5.4 Reliance on your documents. Our review relies entirely on the Submission Materials and your written answers. You confirm they are complete, accurate, and not misleading. If they are not, the Check result is meaningless and we may revoke it under section 5.9. 5.5 You remain responsible. You alone are responsible for any origin claim you make on your products, packaging, website, or advertising, and for keeping that claim true as your costs and suppliers change. A Check does not transfer any of that responsibility to us. You acknowledge that under the Competition Act, private parties (including competitors and advocacy groups) may, with leave of the Competition Tribunal, bring proceedings for false or misleading representations, and that the Competition Bureau may seek administrative monetary penalties of up to the greater of $10 million (or $15 million for repeat conduct), three times the benefit derived, or 3% of annual worldwide gross revenues for corporations. Nothing in a Check protects you from such proceedings. 5.6 Outcome. The outcome is either (a) a Mark dated with the review date and the product line name, or (b) a written "not consistent" notice explaining the gap. We may decline to issue a Mark for any reason, including incomplete documents. 5.7 Validity. A Mark is valid for twelve months from the date shown on it, unless revoked earlier. It relates only to the product line named and the cost period reviewed. It says nothing about other products or later periods. 5.8 Renewal. You may apply to renew before expiry by submitting updated materials and paying the then-current fee. 5.9 Revocation. We may revoke a Mark immediately if we learn that any Submission Material was false or misleading, if you use the Mark outside the licence in section 5.11, if a regulator or court finds your origin claim to be misleading, or if you fail to respond to a reasonable request for clarification within 30 days. Revocation is shown on the public record page. 5.10 Fees and refunds. Fees are stated at checkout in Canadian dollars plus applicable taxes and are set by company size. If we decline to start a review, the fee is refunded in full. A review starts when a reviewer first opens your Submission Materials; we email you at that moment. Once a review has started the fee is not refundable, but a Manufacturer whose Submission Materials are found not consistent may resubmit for the same product line within twelve months at no additional charge. 5.12 Check Fund waiver. Where the Manufacturer has fewer than 20 employees and the Check Fund (section 6A) has a sufficient balance, the fee is waived at checkout. Waivers are granted in order of application. A waived Check is reviewed to the same standard as a paid Check. 5.11 Licence to use the Mark. While the Mark is valid, we grant you a non-exclusive, non-transferable, revocable licence to display the badge and link to the public record page in connection with the named product line only. You must not alter the Mark, remove the date, use it on other products, or use it in a way that suggests government endorsement or certification. The Mark and the name Checked Canadian remain our property. 5.12 Stop on expiry or revocation. Within 5 business days after expiry or revocation, you must remove the badge from all websites, listings, packaging artwork, and marketing you control, and must not print new materials showing it. Continued use is trademark infringement and a breach of these Terms. 5.13 Public record. You agree that we may publish a record page showing your company name, the product line, the claim type, the date, the status (valid, expired, revoked), and a short scope statement. We will not publish your cost figures or documents. 5.14 Confidentiality. We treat Submission Materials as your confidential business information. We will use them only to perform the Check, will restrict access to the reviewer, and will retain them for 12 months after the Check unless law requires longer. We may disclose them if required by law or a court, after notifying you where allowed.
6. Sponsored Placement
6.1 Sponsored Placement gives a Listing featured positioning in search results or on category pages for a stated period. It is always labelled "Sponsored" (in French, "Commandité"). Sponsored positions are capped per results page and are never shown above a Listing that holds a valid Mark. 6.2 Sponsored Placement is not a Check and does not affect whether a Manufacturer holds a Mark. Paying for placement never influences the outcome of a Check. 6.2A All fees paid for Sponsored Placement are paid into the Check Fund (section 6A) and are not retained by us as revenue. 6.3 We may decline or end a Sponsored Placement if the Listing breaches these Terms. Pro-rated refunds apply only where we end placement for our own reasons.
6A. Check Fund and community commitment
6A.1 Check Fund. We maintain a fund made up of all Sponsored Placement fees. The fund is used solely to waive Check fees for Manufacturers with fewer than 20 employees under section 5.12. We publish the fund balance and the number of waived Checks at least monthly. 6A.2 The Giveback. Each calendar month we set aside twenty percent (20%) of our gross revenue from all services, or $500, whichever is greater (the "Pool"). The Pool is paid to a single recipient chosen by public vote on the Service among causes nominated by account holders under the Giveback Rules published at /giveback. Recipients are limited to Canadian municipalities, school boards and schools, registered charities and other qualified donees, and businesses holding a valid business number; assistance for an individual is delivered through such an entity or in kind and never as a cash payment to the individual. We confirm each recipient before payment, pay within ten business days of the vote closing, and publish the recipient, amount and receipt on the Service within seven days of payment. Where a month's vote produces no eligible recipient, the Pool carries forward to the next month. For this purpose, revenue means fees we receive for Checks, net of refunds and payment-processing fees. Sponsored Placement fees are excluded because 100% of them go to the Check Fund under section 6A.1. If we stop operating, any accrued pool is paid to the most recent winner. 6A.2A Nominations and votes. Nominations and votes are subject to the Giveback Rules, which form part of these Terms. We may remove a nomination that is misleading, that discloses sensitive personal information, that concerns a minor without written guardian consent, or that breaches section 8, and we may disqualify votes that appear to come from duplicate or automated accounts. Nominators are responsible for having consent to share the story and any photograph. Nominating or voting confers no right to receive funds, and the Giveback is not a contest, lottery or game of chance. 6A.3 Data licences. Any data product we sell contains aggregated information by category, region, capacity band and check status. It never contains a Manufacturer's Submission Materials, cost figures, contact details or any information that identifies a single Manufacturer beyond what is already public on its Listing. 6A.4 These commitments are made to users of the Service. They do not create a trust, a charity or a right of action for any third party.
7. Buyer terms
7.1 Requests for quote (RFQs) sent through the Platform go to the Manufacturer. Any quote, contract, or purchase that follows is solely between you and the Manufacturer. 7.2 We do not process payments between Buyers and Manufacturers, do not take commission, do not hold funds, and are not a party to any resulting deal. We are not an agent, broker, or escrow. 7.3 You must not use RFQs to send spam, collect data, solicit for unrelated services, or harass. 7.4 A Mark is information about a document review on a stated date. It is not a warranty about the products, the Manufacturer, or the Manufacturer's labelling. Do your own diligence, especially for public-sector procurement where origin requirements may differ.
8. Prohibited conduct
You must not: (a) give false or misleading information; (b) impersonate another business; (c) scrape or bulk-download the directory; (d) reverse-engineer or interfere with the Platform; (e) upload malware or unlawful content; (f) use the Platform to breach any law, including privacy, competition, or labelling laws; (g) use the Mark or the Checked Canadian name without a valid licence; (h) attempt to influence a reviewer.
9. Intellectual property
The Platform, its design, code, text, the Checked Canadian name, and the Mark belong to us or our licensors. Except for the licences expressly granted here, no rights are transferred. Manufacturer content remains the Manufacturer's property.
10. Disclaimers
The Platform and the Check are provided "as is" and "as available". To the extent permitted by law, we exclude all warranties, express or implied, including fitness for a particular purpose and accuracy of Listings. We do not warrant that any Listing, Mark, or origin claim is accurate, lawful, or complete. Some of these exclusions may not apply to consumers in Quebec or elsewhere; nothing here limits rights that cannot be limited by law.
11. Limitation of liability
To the extent permitted by law: (a) we are not liable for indirect, consequential, special, or punitive damages, lost profits, lost contracts, regulatory penalties, or reputational harm; (b) our total liability to you for all claims in any twelve-month period is limited to the fees you paid us in that period, or $100 if you paid nothing.
12. Indemnity
Manufacturers will indemnify us against claims, losses, and costs (including legal fees) arising from their Listing content, their origin claims and labelling, their Submission Materials, their use of the Mark, or their breach of these Terms, including any proceeding brought by a regulator, a competitor, or a private party under the Competition Act.
13. Termination
Either party may close an account at any time. Sections 4.2, 5.5, 5.12, 5.13, 5.14, and 9 through 15 survive termination. On termination we may keep records as required by law and for legitimate business purposes.
14. Governing law and disputes
14.1 These Terms are governed by the laws of Ontario and the federal laws of Canada that apply there. 14.2 Before starting any proceeding, the parties will try to resolve the dispute by written notice and good-faith discussion for 30 days. 14.3 Subject to 14.4, the courts of Ontario have exclusive jurisdiction. 14.4 Nothing prevents a Quebec user from bringing a claim in Quebec where law gives that right.
15. Changes
We may update these Terms. We will give at least 30 days' notice of material changes by email or on the Platform. Continued use after the effective date is acceptance. For Manufacturers with an active Check, the Terms in force on the review date govern that Check until it expires.
15A. Assignment
We may assign these Terms, and all rights and obligations under them, to a corporation that takes over the business. We will post notice on the site. Your rights are not reduced by an assignment.
16. Language
These Terms are currently offered in English. A French version is in preparation. If you are in Quebec and want a French version before accepting, email legal@checkedcanadian.ca and we will provide one.
17. Contact
Checked Canadian, operated by Daniel Izeti, sole proprietor, Toronto, Ontario, Canada (mailing address available on request from legal@checkedcanadian.ca). legal@checkedcanadian.ca