Industry Canada released its final regulations to Canada's
anti-spam legislation (CASL) on December 4, 2013.
Bottom line: Canada's new anti-spam law
will take effect on July 1, 2014, and it includes significant
penalties for violations. Organizations should review the various
messages they send out to ensure compliance by the deadline.
CASL regulates the sending of "commercial electronic
messages" (CEM) (defined broadly to include text, sound, voice
and image messages) sent to an email, instant messaging, telephone
or similar account. In general, absent certain exceptions, CASL
prohibits the sending of CEMs unless the recipient has provided
express or implied consent and the message complies with prescribed
form and content requirements.
The definitions for personal and family relationships (which
may be relevant for certain viral marketing initiatives)
A list of messages excluded from CASL, including an exception
for electronic messages sent on certain platforms
Rules for the use of consents obtained by third-parties
Industry Canada also announced that CASL will come into force,
in part, on July 1, 2014. The private right of action under the Act
will not be in force until July 1, 2017, and the computer
programming provisions will not be in force until January 15,
The penalties for CASL violations are significant. The Act
allows the CRTC to impose administrative monetary penalties of up
to C$1 million per violation for individuals and up to C$10 million
per violation for businesses. The Act also provides for a private
right of action, allowing consumers and businesses to take civil
action against anyone who violates the Act. In this case, the court
may order violators to pay compensation in the amount equal to the
loss or damage suffered or expenses incurred, and statutory damages
of up to C$200 for each violation of the Act, up to a maximum of
C$1 million each day.
For additional details, please join us at the AccessPrivacy CASL workshop on Thursday,
January 16, 2014, for a moderated discussion among leading Canadian
Chief Privacy Officers, in-house counsel and compliance
professionals as we explore the meaning and impact of Industry
Canada's finalized CASL regulations.
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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In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
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