Likely, there will continue to be some uncertainty with respect
to the practical application of the new law to specific business
scenarios, until the CRTC, the Competition Bureau and the Office of
the Privacy Commissioner have had an opportunity to actually apply
the law, hopefully providing some guidance to the business
community through the ongoing publication of decision summaries or
The new website appears to be intended to offer plain-language
guidance to consumers and businesses with respect to the general
requirements of the new law, offering overviews of the main
provisions of the statute and the bodies charged with its
enforcement. The site also includes a series of Frequently Asked Questions,
advice as to how individuals and businesses can protect themselves
against spam and other electronic threats and links to other
resources, such as tips from the Office of Consumer Affairs on how
users can recognize and protect themselves against phishing and
A placeholder link is provided to the yet-to-be created Spam
Reporting Centre, a clearing house intended to identify and analyze
trends in spam and other threats to electronic commerce, as well as
identifying spammers and their locations and assisting in future
prosecutions and civil proceedings against those who violate
Canadian and international anti-spam laws. It is expected
that the government will soon be issuing a Request for Proposals
with respect to the operation of the Spam Reporting Centre.
Interestingly, in the government's announcement for the
website, it indicated, for the first time, that the Act
will likely come into force "early in 2012."
Previously, it had been suggested that the statute would come into
force in the fall of 2011.
Software license agreements generally require the customer to pay fees for the software license and related services, which fees are usually based upon the duration of the license and the manner in which the customer is allowed to use the software, together with applicable taxes and withholdings.
In less than nine months, on July 1, 2017, persons affected by a contravention of Canada's anti-spam legislation will be able to invoke a private right of action to sue for compensation and potentially substantial statutory damages.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).