In anticipation of Canada's new anti-spam legislative regime
(CASL) going into effect, draft regulations issued last fall by the
Canadian Radio-television and Telecommunication Commission (CRTC)
and Industry Canada faced many concerns raised by industry groups.
As a result, these regulations were reconsidered.
On March 12, 2012, the CRTC finalized its Electronic
Commerce Protection Regulations (ECPR) with respect to
CASL.1 These regulations were released in response to
concerns that the CRTC's initial set of regulations imposed
unnecessary and overly burdensome requirements with respect to the
dissemination of commercial electronic messages (CEMs).
After further consultation, the CRTC introduced some increased
flexibility in the ECPR by including, among other things, changes
related to the content in CEMs, consent, and the unsubscribe
mechanism. In effect, the CRTC regulations (ECPR) now:
Clarifies that persons sending CEMs must identify themselves by
the name by which they carry on business;
Provides that a request for consent may now be obtained orally
or in writing;
Clarifies that the information to be included in a CEM and the
unsubscribe mechanism may, if it is not practicable to include such
information in the CEM, be posted on a webpage readily accessible
by means of a link clearly and prominently set out in the
Requires that the sender of a CEM provide their mailing address
and either a telephone number providing access to a voice messaging
system or an agent, an email address or web address; and
Provides that the unsubscribe mechanism be "readily
performed", by removing the initial "performed in two
clicks or less" requirement.
In addition to the ECPR, Industry Canada is considering what, if
any, changes it will make to its current draft of CASL regulations.
Those regulations will also need to be finalized and published
before CASL will go into effect.
As it is not yet in force, the full impact and application of
the CASL, and its corresponding regulations, currently remain
uncertain. Nevertheless, it is expected that this legislation will
invariably: (i) have a broad application; and notwithstanding the
increased flexibility introduced in the ECPR, (ii) impose
relatively onerous requirements on businesses that rely on
In anticipation of this new law, such businesses should be aware
of the forgoing requirements, and should begin the process of
ensuring that their internal policies and procedures
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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The Law Society of British Columbia’s Cloud Computing Working Group issued its Final Report on Cloud Computing on January 27, 2012, amending an earlier consultation report approved by the "Benchers" on July 15, 2011.
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