Two weeks from today, on July 1st, the first stage of the new
law will come into force. The implied consent provisions in Section
66 create a transitional period.
For a period of three years after July 1, 2014, consent is
implied for all "commercial electronic
messages" (CEMs) if the sender and the recipient have a
pre‐existing business or non-business relationship and that
relationship previously included the exchange of CEMs.
Consent can be withdrawn by the recipient at any time during that
three‐year period. Note that "commercial electronic
messages", "existing business relationship" and
"existing non-business relationship" all have special
definitions in the legislation.
While this transitional period only lasts for 36 months, it
allows a sender of CEMs to rely on prior relationships that
reach back in time. The regular implied consent provisions only
permit a sender to rely on a two-year window - in other words,
implied consent depends on an existing relationship during the
two-year period before the CEM is sent (or only 6-months in some
In recent information sessions, the CRTC has indicated that the
Section 66 transition provisions do not impose those
two-year or 6-month rules: "So what Section 66 does is
during that transition period of three years, the definitions of
existing business relationship and existing non-business
relationship are not subject to the limitation period, which are
six months and two years that would otherwise be applicable. So in
theory, if you meet the definition of existing business
relationship or existing non-business relationship and there's
the communication of CEMs between the individuals, you could go
back 25 years in theory." [Link to
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