Final regulations made by the CRTC under Canada's Anti-Spam Law
(CASL) include a number of revisions that respond to concerns
raised by Canadian businesses; but while some additional
flexibility has been provided, the Commission appears to have left
a number of other concerns unanswered.
Those hoping for significant additions to the CRTC
Regulations will be disappointed, as the revised Regulations
remain in the same form, and appear intended to accomplish the same
end, as the earlier version: namely clarifying the sender identity
and contact information that must be included in commercial
electronic messages and requests for consent to send such
messages. However, to be fair to the CRTC, this narrow focus
is consistent with the scope of the regulation-making power
provided to the Commission under CASL.
The final Regulations include the following changes
from those originally proposed:
Clarification that persons sending a message, or persons on
whose behalf a message is sent, must identify themselves by the
name by which they carry on business.
Greater choice with respect to the contact information to be
provided. Senders, and those seeking consent to send
messages, may now provide either a telephone number providing
access to an agent or a voice messaging system, an email address or
a web address. The original proposal seemed to require the
provision of all of these, as well as a physical address.
Revised requirements that web-based information be
"readily accessible" and that the required unsubscribe
mechanism must "be able to be readily performed." The
original proposed Regulations specified these requirements with
reference to a maximum number of "clicks."
The revised Regulations now indicate that consent for the
receipt of a commercial electronic message may be obtained orally,
as well as in writing, as the original proposed regulations
provided; however, the Regulations do not provide certainty as to
whether electronic forms of consent will be considered to be
"in writing," which was the chief concern of many
stakeholders with this requirement. See our earlier post for a discussion of this
The Regulations still require that when seeking consent,
requestors must include a statement indicating that consent can be
withdrawn, but no longer requires the requestor to specify through
which avenues such a withdrawal of consent could be made.
The publishing of the CRTC Regulations puts the country
one step closer to CASL being proclaimed in force. The other
shoes to drop include finalization of the Industry Canada
Regulations (a revised version of which is expected to be
published in the near future) and the selection of a vendor to run
the Spam Reporting Centre contemplated by the Act.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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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.
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