Canada's Anti-Spam Legislation ("CASL") will be in
force on July 1, 2014. As you are preparing your organization for
compliance, there is new regulatory guidance from the Canadian
Radio-television and Telecommunication Commission
("CRTC") regarding the transitional provision under
section 66, as well as a new compliance bulletin.
Clarification of Transitional Provision
CASL provides a three-year transitional period, starting July 1,
2014, which allows organizations to rely upon implied consent where
there is an existing business relationship or existing non-business
relationship. During this period, a sender may send commercial
electronic messages ("CEMs") to recipients with whom the
sender has an existing business relationship or an existing
non-business relationship, if the relationship includes "the
communication between them of commercial electronic messages."
The legislative provision does not specify whether the messages
need to be two-way or one-way, and might even imply a requirement
for the recipient to have responded.
Organizations and individuals may take advantage of the
transitional period to seek express consent for the continued
sending of CEMs. Express consent does not expire after a certain
period of time has passed. †It does not expire until the
recipient withdraws their consent.
In interpreting the transitional provision, the CRTC has
provided some welcome relief and has revised its guidance to
address this issue. It has confirmed that organizations can access
the transitional period even if the electronic communication is
one-way, for example, from the sender to the recipient. This means
that you can continue to send messages for three years if: (i) your
organization has an existing business relationship or existing
non-business relationship with the recipient, (ii) you have sent
two or more CEMs before July 1, 2014, and (iii) the recipient does
not unsubscribe from receiving further CEMs.†
CRTC Compliance and Enforcement Bulletin Ė
The CRTC has released a new Compliance and Enforcement Bulletin
("Bulletin") addressing corporate compliance programs.
The Bulletin addresses compliance under CASL as well as the
Unsolicited Telecommunication Rules, which are applicable to
telemarketing. †In its guidance, the CRTC suggests the
following components be addressed when designing a corporate
compliance program: senior management involvement; risk assessment;
written corporate compliance policy; record keeping; training;
auditing/monitoring; complaint-handling system, and corrective
(disciplinary) action. Additionally, the CRTC provides specific
guidance in the Bulletin addressing compliance points under these
components for both the anti-spam and telemarketing
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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