The CRTC has posted a summary of the discussions that took
place in February at a consultation involving representatives of
industry, consumer groups and CRTC staff.
The objective of the consultation was to allow the CRTC to
gather information regarding issues that businesses and consumer
groups foresee when CASL comes into force. The discussions focused
on six topics:
Means of obtaining "express consent"
Proof of consent
Section 66 of CASL and the three-year transitional period
Obtaining consent to send a commercial electronic message (CEM)
– seeking consent for affiliates
Prescribed information in a CEM – "on behalf
Installation of computer programs
While the report does not identify how the CRTC plans to address
these topics, it does help to highlight some of the fundamental
"open" issues on which businesses require guidance.
More importantly, the CRTC may have signalled that it plans to
adopt a more flexible approach to CASL enforcement than what was
initially expected following
publication of two bulletins last year .
This optimism stems from the report identifying as a "key
conclusion" that "[t]here is no one-size-fits all answer
that will assist every business in complying with CASL, as context
is critical to an appropriate interpretation in the circumstances
of each case." The CRTC also acknowledged that
"businesses require assistance in the form of greater clarity
on certain provisions of CASL," and to this end, that
participants suggested that the CRTC consider providing "a
framework of guiding principles to underpin compliance
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