The CRTC has now released new guidance on CASL and charities on
its CASL FAQ page (look under the "Registered
Charities" heading). The FAQ sheds some more light on how
regulators will approach the registered charities "raising
funds" exception, which fully exempts electronic messages
whose "primary purpose" is to raise funds for a
The FAQ explains, perhaps not very helpfully, that a
message's "primary" purpose is its "main"
or "principal" purpose. However, it goes on to give some
These are examples of messages whose primary purpose IS to raise
funds (and thus that fall under the exemption): a message promoting
tickets for a fundraising event where the ticket proceeds flow to
the registered charity; an email newsletter that also contains a
section that solicits donations (or that mentions corporate
sponsors without otherwise encouraging commercial activity with
This last point is an important one, as it clarifies that a
charity's newsletters that include a fundraising link can still
benefit from the exemption.
On the other hand, the FAQ states that an email newsletter that
advertises the charity's corporate sponsors and encourages the
recipient to participate in a commercial activity with those
sponsors likely does not fall under the exemption because its
primary purpose is not to raise funds for the charity.
The FAQ also states that an email newsletter that has no content
that encourages participation in a commercial activity (i.e., that
contains no fundraising material and no corporate sponsor material)
is not a CEM and therefore is not subject to CASL in the first
This is probably not the final word on CASL and charities, but
any guidance from the regulators is welcome.
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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