After almost a decade of consultation and debate, the Government
of Canada today announced that Canada's anti-spam law is coming
into force. July 1, 2014 is the day on which the majority of
provisions of An Act to promote the efficiency and adaptability
of the Canadian economy by regulating certain activities that
discourage reliance on electronic means of carrying out commercial
activities, and to amend the Canadian Radio-television and
Telecommunications Commission Act, the Competition Act, the
Personal Information Protection and Electronic Documents Act and
the Telecommunications Act, ("Canada's Anti- Spam
Legislation") come into force. Section 8 of the Act comes into
force on January 15, 2015, while sections 47 to 51 and section 55
of the Act come into force on July 1, 2017.
What does this mean for your organization?
As of July 1, 2014, most of Canada's Anti-Spam Legislation
will come into effect and businesses will have to comply with the
requirements surrounding sending and disseminating commercial
electronic messages, including strict consent and detailed content
obligations. On January 15, 2015, the sections of the Act related
to the unsolicited installation of computer programs or software
will come into force.
The Canadian Radio-television and Telecommunications Commission,
the Competition Bureau and the Office of the Privacy Commissioner
of Canada will jointly enforce Canada's Anti-Spam Legislation
and they will be permitted to share information with their
international counterparts to track spammers outside of Canada.
Businesses and persons that do not comply risk significant
financial penalties. Canada's Anti-Spam Legislation will be
enforced through regulatory measures such as extremely steep
administrative monetary penalties as well as through a private
right of action.
What is next?
Businesses now have a firm deadline for obtaining all of the
requisite consents and to modify their business and communication
practices to accord with Canada's Anti-Spam Legislation. To the
extent businesses have not already undertaken this exercise, they
are well advised to do so as soon as possible because once
Canada's Anti-Spam Legislation comes into force, businesses
will be significantly limited in their ways to obtain the
appropriate consents and will face significant penalties for
failure to comply.
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.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
This paper summarizes selected developments in Canadian Internet law during 2016. Internet law is a vast area that continues to develop rapidly. Reference to current legislation, regulatory policies...
Social media platforms, like Instagram, Twitter, LinkedIn, YouTube, Facebook and GooglePlus, arguably have more followers and are more closely monitored by market participants than conventional news...
On March 6, 2017, CAVCO issued three public notices regarding eligibility for the Canadian Film or Video Production Tax Credit , one of which is of particular interest to non-Canadian OTT service providers.
The B.C. Supreme Court's recent decision in Pritchard v. Van Nes (2016 BCSC 686) serves not only as a reminder that a poster of defamatory comments on social media can be held liable for the damage caused...
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).