Join Canada Brand

Who is eligible

The Canada Brand is open to Canadian entities that have a role in producing, promoting or supporting Canadian food and agriculture products. To be eligible to use the Canada Brand, at least one of the two conditions must apply:

• Ingredients or inputs are originally grown, raised or harvested in Canada.
• Ingredients (either domestic, foreign, or a combination) have been transformed into a new product in Canada. For example, Canadian chocolate manufacturing from imported cocoa powder and local milk.

How do I become a Canada Brand member

To become a Canada Brand member and access the member content you must complete the following three steps. Once we receive your application, we will process it and try to give you a final decision within 10 business days, as according to our Service Standards.

1. Complete the Application for Use of Canada Brand Tools (PDF version - 3.4MB). This version of the application form requires a PDF reader, visit Help with alternative formats if you are looking for information on PDF format. If the PDF version is not accessible, you can also use the web version of the form:
   • Web Version – Fill in the boxes

     Prime contact's name and title: (could be the same as legal signing authority—but not necessarily)

     Name

     Title

     Name of Company or Association

     Address

     City

     Province

     Postal Code

     Phone

     Fax

     Email

     Web site

     How did you hear about the Canada Brand?

     Products to be promoted (food or agriculture) or the services to be rendered in association with food and agriculture

     Marketing materials to be produced: (for example: product labels/packaging,pamphlets, posters, packaging, web content, e-media content, etc.)

     Context and purpose for which materials are intended: (for example: in-store promotions, tradeshows, missions, general use, etc.)

     Duration: (the length of time you expect the materials to be in circulation)

     Country(ies) where marketing and communications materials will be used (foreign and/or domestic markets)

     Foreign markets

     (1) Please specify all foreign markets...

     (2) Are you (a) currently exporting, or (b) planning to in the near future? If not yet exporting, please fill out: Schedule C

     Domestic Market - Canada

     Domestic Branding guidelines apply. Here is a list of statements recommended for use and allowable under the voluntary "Product of Canada" guidelines:

     • "Made with 100% Canadian (ingredient name added here)"
     • "Made in Canada from imported ingredients"
     • "Product of Canada"
     • "Processed in Canada"
     • "Made in Canada from domestic and imported ingredients"
     • "Roasted in Canada" / "Baked in Canada"

     Please note that other statements are permissible as long as they are truthful and not misleading. Examples: "Brewed in Canada", "Grown in Canada", "Raised in Canada", etc.

     (1) Please specify the domestic content statements you intend to use and for which products.

     (2) Please indicate the Canadian content or process of the product(s) that will utilize the Canada Brand

     If you represent a company, describe the quality and safety processes in place in your operation

     If you represent an association, list and describe the mandatory quality systems in place in your industry

     In addition to providing the above information about your plans, you will be asked to report annually on actual usage of the Canada brand graphics (see Schedule B information in this agreement). Please remember to keep records and samples in order to make this reporting requirement as simple as possible for your organization.

     Canada Brand usage agreement

     This agreement relating to the permission to use certain marks and certain copyrighted materials of Her Majesty the Queen in Right of Canada and to gain access to the restricted portions of the Department of Agriculture and Agri-Food's Branding Web site, made in duplicate,

     By and between: Her Majesty the Queen in Right of Canada (hereinafter referred to as "Canada"), as represented by the Minister of Agriculture and Agri-Food (the "Minister", the Department of Agriculture and Agri-Food being referred to as "AAFC")

     - Of the first part -

     and:

     (Name of legal entity to be licensed) , a body corporate incorporated under the laws of

     (Canada or name of province) herein acting and represented by

     (Name of person with designated authority to sign) , its

     (President or other title) duly authorized for these purposes as he / she so declares (the "Licensee")

     - Of the second part -

     Whereas on the 13 of September 2006, the Registrar of Trade Marks gave public notice under section 9 (1)(n)(iii) of the Trade Marks Act, R.S.C. 1970; c. T-10 of the adoption and use by Canada as represented by the Minister of the mark(s) identified in Schedule "A" (hereinafter called "the Marks") as official marks for wares and services;

     Whereas section 9 (2) of the Trade Marks Act permits the use of official marks with the consent of the public authority who holds the marks;

     Whereas the Licensee wishes to acquire permission to use the Marks in connection with certain wares and / or services, as described in the Licensee's Application for Use of Canada Brand Tools, which forms part of this Agreement;

     Whereas AAFC publishes a Branding Guide and other materials that are the subject of copyright, on a restricted access portion of AAFC's Internet site bearing the "marquecanadabrand" domain name;

     Whereas the Licensee also wishes to gain access to the restricted portion of AAFC's above-mentioned Internet site and to acquire permission to reproduce certain materials found on that site or otherwise provided to the Licensee by the Minister, the whole as more fully described herein;

     Now therefore in consideration of the mutual covenants and agreements contained herein, the parties hereto agree and covenant as follows:

     • 1. Her Majesty the Queen in Right of Canada ("Her Majesty") grants the Licensee a non-exclusive permission to use the Marks identified in Schedule A, in accordance with and subject to the terms and conditions set out herein. The Licensee may use any of the Marks alone, or in combination with any other Mark(s), as the Licensee sees fit, save for the restrictions set out in AAFC's Branding Guide, a copy of which the Licensee shall receive or obtain access to upon signing this Agreement. The "Quality is in Our Nature" Mark may not be used in the United States by the Canadian floricultural sector.
     • 2. Subject to Article 10, the term of this Agreement shall be for a period of one year from the date hereof, but shall be automatically renewed on an annual basis unless notice is given in writing by either party two (2) months before the anniversary date.
     • 3. The Licensee acknowledges and agrees that it will only use the Marks in compliance with the following requirements and conditions:
       • 3.1 Where the Licensee has indicated on its application that it wishes to use the Marks in association with wares, then subject to the additional permission with respect to foreign co-contractant usage described in Section 3.6, the Marks may only be used in association with and to promote products of an agricultural or food nature that are considered to be Canadian:
         • 3.1.1 that is, products originally grown, raised or harvested in Canada; or
         • 3.1.2 where the last substantial transformation of the product occurred in Canada, such that product changes its nature and becomes a new product bearing a new name commonly understood by the consumer, (for example salad, pot pie sausage, pizza, beer). The processes that result in a substantial transformation may be outlined in more specific legislation, such as the Meat Inspection Regulations and Processed Products Regulations. Product packaging is not considered part of a substantial transformation to the product.
       • 3.2. Where the Licensee has indicated on its application that it wishes to use the Marks in association with services, then the Marks may only be used in association with:
         (insert here as appropriate: marketing and promotional services, consulting services and/or export development services, etc.) as listed in the Licensee's application and rendered solely relative to the products of Canada of an agricultural or food nature described in this section 3.1.
       • 3.3 The Marks may only be reproduced using the graphics and other creative elements either provided by the Minister, or access to which is provided by the Minister on the password-protected portion of the site whose Internet address is as follows: www.marquecanadabrand.agr.gc.ca. . The Licensee must accurately reproduce the Marks in accordance with such other standards and specifications as may be furnished by AAFC from time-to-time.
       • 3.4. When used in association with wares in the Canadian market, the Mark must be accompanied by one of the following statements appearing in close proximity:
         • 3.4.1 "Product of Canada" when all or virtually all of the significant ingredients, components, processing and labour used in the food product are Canadian; or
         • 3.4.2 "Made in Canada from domestic and imported ingredients" or "Made in Canada from imported ingredients" when the last substantial transformation occurred in Canada. When a food contains ingredients which are sourced from outside of Canada, the label would state "Made in Canada from imported ingredients." When a food contains both domestic and imported ingredients, the label would state "Made in Canada from domestic and imported ingredients."
       • 3.4.3 Other statements that are not false or misleading indicating the Canadian content (for example, "Made with 100% Canadian oats") or process (for example, "Roasted in Canada") when the entire specified ingredient is Canadian or when the named process occurred in Canada and constitutes a substantial transformation.
       • 3.5 The Licensee shall become familiar with the Canada Brand promise for the food and agriculture sector, with the branding strategy, and with the rules surrounding the use of the above-mentioned graphics, all of which are more explicitly set out in the AAFC Branding Guide, prior to using the Marks. The Minister shall either provide the Licensee with a copy of the Branding Guide, or shall provide the Licensee with access to the password-protected portion of the site described above, upon which the Branding Guide can be found.
       • 3.6 The Licensee must comply with, and must ensure that all products in association with which the Marks are used by the Licensee comply with all relevant safety and quality standards, regulations, and statutes. In the event that the Licensee has indicated in its Application and in section 3.2 above that it wishes to use the Marks in association with specified services, the Licensee must ensure that such services rendered in association with the Marks are solely in support of the products of Canada of an agricultural or food nature described in section 3.1, and that such products of Canada and their producer(s) comply with the requirements of this section.
       • 3.7 The Licensee must respect all requirements set out in the AAFC Branding Guide, including without restriction the brand promise, the branding strategy, and the rules relating to the use of the graphics with respect to the Marks. These requirements are deemed to be included within the scope of this Article 3, as though set out at length herein.
       • 3.8 The Licensee may not allow foreign co-contractants permission to use Marks in association with their services. However, in cases where the Licensee is informed that its products of Canada which would otherwise fall within the scope of Section 3.1, will be used by its purchasers to produce foreign products, the Licensee may grant its foreign co-contractant permission to use Marks together with its own marks in association with the foreign products ("co-branding"), subject to the following conditions and restrictions:
         • 3.8.1 The Licensee must consult with AAFC or with the body corporate or association designated by AAFC, prior to granting such permission to its foreign co-contractant, for purposes of satisfying AAFC that the requirements in the Branding Guide are understood by the Licensee and the proposed foreign co-contractant. The Licensee shall abide by the directions given either by AAFC or the body corporate or association designated by AAFC, and shall ensure that its foreign co-contractant also abides by these directions;
         • 3.8.2 The Licensee shall review the final versions of promotional materials to be used by the foreign co-contractant, as well as its co- branding strategy, to ensure that they properly reinforce and build the Canada brand and are in compliance with the AAFC Branding Guide;
         • 3.8.3 The Licensee shall ensure that the foreign products in association with which any Mark is used reflect the quality that the Canadian food and agricultural sector is striving for, as embodied in the Branding Guide;
         • 3.8.4 The Licensee must ensure that the foreign co-contractant complies with all relevant terms and conditions that are imposed upon the Licensee pursuant to the terms and conditions of this permission; and
         • 3.8.5 The Licensee shall provide AAFC with the name and co-ordinates of the foreign co-contractants who are granted a permission to use the Marks.
     • 4. The Licensee hereby grants permission to the Minister to make any enquiries necessary of the Canadian Food Inspection Agency ("CFIA") for purposes of verifying compliance with this Agreement, and the Licensee hereby authorizes the sharing of data between the CFIA and AAFC for these purposes.
     • 5. The Licensee acknowledges that Her Majesty has agreed to enter into this Agreement on the basis of the information provided in its application. The Licensee represents and warrants that this information is true and accurate.
     • 6. The Minister also grants the Licensee a non-exclusive, world-wide permission to reproduce by any means, hard-copy or electronic, the pictures as well as the written texts appearing on the password-protected portion of AAFC's above-mentioned branding Internet site. This permission is granted for the term of this Agreement, and is subject to the following restrictions: (1) the reproductions may be made in whole or in part, but may not be effected in a manner which would alter the meaning of the text nor the integrity of the pictures; (2) in so far as the Branding Guide is concerned, the Licensee may make hard copies of this document, for its own reference but not for re-distribution. The Licensee may provide a foreign co-contractant with a copy of the Branding Guide for purposes of ensuring compliance with Section 3.6 hereof; (3) any reproduction of a text shall bear the following copyright notice, in prominent font: © Her Majesty the Queen in right of Canada, as represented by the Minister of Agriculture and Agri-Food (2006) and (4) this permission is personal to the Licensee and is non-transferable. The Licensee may not grant any sub-licenses under this copyright permission.
     • 7. Nothing in the Agreement shall be construed as constituting either Party the agent /mandatary or employee of the other.
     • 8. The Licensee shall provide the Minister, by April 30th of each year, with a report in the Form set out in Schedule B, in order to allow the Minister to track the usage being made of the Marks by the Licensee as well as by its foreign co-contractants (if any) in accordance with this permission. The Licensee shall ensure that its foreign co-contractants who use the Marks in accordance with this permission, provide such reports to the Licensee and authorize its being shared with the Minister.
     • 9. While AAFC has undertaken reasonable efforts to verify the appropriateness of using the Marks in Canada and in foreign jurisdictions, the Minister cannot guarantee that use of the Marks in other jurisdictions would not be problematic. The Licensee is responsible for verifying whether its planned usage of the Marks would violate any third party intellectual property rights, or would breach any other legal restrictions, in any foreign jurisdictions in which the Licensee plans to use the Marks or to permit their usage by a foreign co-contractant.Contact Name: Company Name: Address: City: Postal Code: E-mail: Web site:
     • 10. In consideration of the permissions granted by Canada pursuant to this Agreement, the Licensee further agrees that it shall at all times, indemnify and save harmless Canada, its officers, employees and agents, from and against all claims, demands, losses, costs, damages, actions, suits, or other proceedings by whosoever made, sustained, brought or prosecuted in any manner based upon, occasioned by, or attributable to anything done, or omitted to be done by the Licensee, its officers, employees, agents or foreign co-contractants in connection with these permissions or the use of the Marks or the wares and / or services in association with which the Marks are used by the Licensee or its foreign co-contractants.
     • 11. The Minister may terminate this permission for cause upon giving simple written notice of termination to the Licensee delivered personally, by courier, or by registered mail, in the event that the Minister learns that the Licensee has not respected any undertaking, term or condition or has made a misrepresentation or has breached a warranty set out in this Agreement. This Agreement may also be terminated by either party without cause and without liability on two (2) months' notice in writing, but the termination of this Agreement will not affect the rights and remedies of either party subsisting at the date of termination and will not relieve either party of any liability that it may have to the other party as a result of any event or breach giving rise to termination for cause.

     • 12. Any notice or report required herein shall be in writing and shall be delivered personally; by courier; by registered mail; by facsimile; by email; or any combination of the foregoing to the addresses and persons cited below or, subsequently, to such other persons or addresses or numbers as a party may, from time to time, designate in writing to the other party:

       (i) The Minister

       Attention: Deputy Director, Canada Brand
       Agriculture and Agri-Food Canada
       1341 Baseline Road, Tower 5, 4^th Floor, Room 311
       Ottawa, Ontario
       K1A 0C5
       aafc.canadabrand-marquecanada.aac@agr.gc.ca
       www.marquecanadabrand.agr.gc.ca

       (ii) The Licensee

       Contact Name
       Company Name
       Address
       City
       Province
       Postal Code
       E-mail
       Web site

       Notice or communication shall be considered to have been received when personally served; when signed on the courier invoice; when signed on the return registered mail; when receipt of the email is confirmed; or when delivered according to the facsimile confirmation sheet.

     • 13. Consent or approval to use the Marks does not in any way imply any endorsement by Canada or the Minister, nor does it imply responsibility for the product or service in respect of which it is used. The Licensee shall make no representation of such endorsement on the part of the Minister or Her Majesty.
     • 14. The Ministry may at any time discontinue promotion of the Marks.
     • 15. This Agreement constitutes the entire agreement between the parties. This Agreement may only be amended via a written document signed by the parties hereto.
     • 16. The Licensee acknowledges that its use of the Marks prior to the publication of the public notices of adoption and use of the Marks as official marks shall be deemed to be usage by Her Majesty and shall not constitute use of the Marks by the Licensee on its own account for purposes of the Trade-Marks Act, at civil law or at common law.
     • 17. I give AAFC permission to reproduce examples of our entity's promotional and marketing material (packaging, brochures, flyers, etc.) in association with our name, in AAFC promotional and information materials to show food and agriculture sector members how licensees are using the Canada brand.
     • 18. This agreement is personal to the parties and the licensee shall not assign, transfer or otherwise dispose of any right, obligation or interest granted hereunder without the prior written consent of the licensor.

     In witness whereof this Agreement has been executed by duly authorized representatives of the parties.

     For the Licensee

     Name (please print)

     Title

     Signature (by hand only)

     Date

     City/town of execution

     For Canada

     Deputy Director Canada Brand Agriculture and Agri-Food Canada (for the Minister)

     Date

     Schedule A: Official Marks

     When using the Canada Brand in foreign markets...

     The Canada Brand look has three major graphical elements:

     • Canada Brand Leaf
     • Canada Brand Ribbon
     • Canada Brand Tagline

     When using the Canada Brand on labels in the domestic market...

     The Domestic Canada Brand Initiative labels are designed to inform the consumer quickly that the product is partly or completely Canadian, be it by means of processing, preparation, or it being a product of Canada. These labels are guidelines only. You are invited to produce your own variation thereof and we would be pleased to review them for you within a short turnaround time.

     Schedule B: Annual reporting form

     You will be asked to report annually on actual usage of the Canada brand graphics. On receiving the "Schedule B" instructions from AAFC, you will be asked to fill out the reporting form by April 30^th of each year, as per Article 8 of the Usage Agreement.

     Should you prefer to return the form to us by fax instead of via the preferred electronic submission method, please fax or mail the form to:

     Canada Brand | Agriculture and Agri-Food Canada
     1341 Baseline Road Tower 5, 4^th Floor, Room 311
     Ottawa, Ontario
     K1A 0C5
     Fax: 613-773-1555
     aafc.canadabrand-marquecanada.aac@agr.gc.ca

     Schedule C: Export preparedness

     (To be filled out if you are not yet exporting but are planning to in the near future)

     How are you planning to be able to meet an increased demand for your product or service, potentially, a large demand?

     Do you have an export plan?

     What and where is your target market?

     What, if any, market research have you done in your intended market?

     Do you have a price list for your target market?

     What distinctive competitive advantage (quality, price, uniqueness, innovation) does your product have over your competition in your target market?

     Do you have financing in place to supply additional demand for your product and to promote it?

     Have you hired a freight forwarder or customs broker?

     Have you started marketing your product or service to your target market?

2. Once complete, print, scan and send the form to us by email:

   Canada Brand
   Email: aafc.canadabrand-marquecanada.aac@agr.gc.ca

   Note: If you choose to use the Digital Signature option on the PDF form, you can directly email it to us without printing and scanning.

   You may also fax it to us: 519-773-1616

3. Enroll in one of our secure sign-in methods to ensure your cyber security and be able to access the Canada Brand member content. You can learn more by visiting the cyber authentication renewal initiative frequently asked questions.

   We recommend you complete step 3 after you submit the Canada Brand form to us. While this stage can be completed at any point, we will not be able to create your membership account without the secure sign-in.

   Once your agreement is approved and you have enrolled in one of our secure sign-in methods, you may access the Canada Brand member content including our branding graphics and other tools.