Advertisements for the proposed Banks Crescent development have been deemed “misleading and unsupported” by Advertising Standards Canada.
The national advertising self-regulatory agency was contacted following newspaper ads, a brochure and a website from late in 2016.
The complainant said the advertisements were misleading because it was not clear that the development proposal had not yet been approved, and a statement about the effect of the proposed development was not true.
The advertising council determined that there was no disclosure in the newspaper advertisement that the development was subject to approval, and in the brochure, the disclosure was not clearly legible.
In addition, the statement that the fish hatchery and aquifer will not be affected was misleading and not supported by the evidence submitted by the advertiser.
In a statement from the developer, representatives of the Lark Group said their intention was not to mislead the public.
“We referenced that the ads were not an offering for sale and assumed this would cover the legal aspects of the ads,” the statement read. “We apologize for any confusion and will ensure any future ads will be referenced accordingly.”
Yvonne Chiang, public relations consultant for the Lark Group, said the ads are a past matter and “not a huge issue.”
She said the advertisement, website and brochure were created to provide information about a proposed project.
“We wanted to inform and create awareness,” she said.
The proposed seniors facility is still before council. At present, the proposal is at second reading and municipal staff are still researching and compiling information about the development and the potential effects on the community.