Charities and non-profit organizations should be aware that key
portions of Canada's anti-spam legislation, commonly referred
to as "CASL", will come into force beginning July 1, 2014. This
includes the "anti-spam" provisions in the Act that deal
with commercial electronic messages. Any organizations that
have not yet considered the impact of this legislation should do so
as soon as possible.
issues of this Newsletter have reported on the new rules
and their impact on charities and NPOs. It is important to
understand that the legislation is not limited to the for-profit
sector. Charities and NPOs that send messages that constitute
"commercial electronic messages" (CEM) may be subject to
the consent requirements in the legislation. Any messages
that relate to the sale of goods and services, or which otherwise
encourage participation in a commercial transaction, likely
constitute CEMs. Once the legislation is in force,
organizations will be prohibited from sending CEMs unless they have
received express or implied consent from the recipient, or unless
an exemption applies. The potential penalties for violating
these requirements are very significant.
Registered charities (but not NPOs) benefit from a broad
exemption from the consent requirements for CEMs that are sent with
a primary purpose of fundraising. Consent to send CEMs is
also implied where the recipient has been a volunteer, donor or
member of the organization at any time in the previous two
years. However, these exemptions and implied consent may not
cover all communications or potential recipients, and it may be
necessary to request express consent to send future CEMs.
To the extent that an organization must request consent from
recipients, it is important to understand that once the legislation
is in force, it will no longer be possible to request consent via
email or other electronic communication. This is because,
under CASL, an electronic message requesting consent to send CEMs
is itself considered a CEM. It is therefore important that
organizations take the opportunity now, before the legislation is
in force, to assess whether they must request consent and to send
these requests to their contacts.
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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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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