In our last CASL FAQ, we asked "
What Are the General Requirements to Comply with
CASL?". We mentioned that the first question an
organization needs to ask itself is whether it has consent to send
out the commercial electronic message. Organizations can rely
on consent that is express or implied. This FAQ discusses
express consent. We will address implied consent in another
If you are obtaining express consent before July 1, 2014 –
the date CASL comes into force – you do not need to include
all the information that is required under Canada's anti-spam
legislation ("CASL"). You will still need to make
sure that when you obtain express consent, you clearly and simply
set out the purpose(s) for which you are seeking consent.
If you are obtaining express consent on or after July 1, 2014,
you will need to set out clearly and simply: (i) the purpose(s) for
which consent is sought; (ii) certain identity and contact
information of your organization and any person whose behalf the
consent is sought, including a statement indicating which person is
seeking consent and which person on whose behalf consent is sought;
and (iii) a statement that the recipient may withdraw consent.
For a person to provide express consent, s/he must take a
positive action to indicate that s/he is providing consent.
For example, having someone check off a box on a webpage is
acceptable. Note, however, that having that box pre-checked
will not result in express consent being obtained.
Express consent also may be obtained orally. With all
express consent, it will be up to the organization to prove that it
obtained consent. Therefore, you will need to make sure you
can prove that consent was obtained (or that you are able to rely
on implied consent or an exception under CASL).
For further information on express consent and proof, see the
Frequently Asked Questions published by the Canadian
Radio-television and Telecommunications Commission which are
available here: http://www.crtc.gc.ca/eng/casl-lcap.htm.
Under the Income Tax Act, the Employment Insurance Act, and the Excise Tax Act, a director of a corporation is jointly and severally liable for a corporation's failure to deduct and remit source deductions or GST.
Under the Income Tax Act, the Employment Insurance Act, the Canada Pension Plan Act and the Excise Tax Act, a director of a corporation is jointly and severally liable for a corporation's failure to deduct and remit source deductions.
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