On March 5, 2015, the Canadian Radio-television and
Telecommunications Commission (CRTC) issued the first notice of
Canada's Anti-Spam Legislation (CASL), seeking a penalty of
$1.1 million from a Québec-based company, Compu-Finder, for
alleged violations of the law.
In a press release, the CRTC stated that it
conducted an investigation that concluded Compu-Finder sent
commercial electronic messages (CEMs) promoting its training
courses to potential business customers without the consent of the
recipients. Furthermore, the unsubscribe mechanisms included in the
messages are alleged not to have functioned correctly.
The CRTC investigation considered four alleged
violations that took place between July 2, 2014 (the day after
the legislation came into force) and Sept. 16, 2014. While only
four violations are outlined in the notice, the CRTC stated
that Compu-Finder accounted for 26 per cent of complaints to
the Spam Reporting Centre in its industry sector.
Manon Bombardier, the CRTC's Chief Compliance and
Enforcement Officer, stated that Compu-Finder "flagrantly
violated the basic principles of the law by continuing to send
unsolicited commercial electronic messages after the law came into
force to email addresses it found by scouring websites."
Compu-Finder has 30 days to submit written representations to
the CRTC or pay the penalty.
The CRTC also stated in its release that a number of
additional investigations are underway, but did not provide the
industry sector of those under investigation, or any information on
whether further notices of violation would be forthcoming.
All organizations that send commercial electronic messages,
including email and text messages, in or into Canada, should again
consider their marketing programs to ensure they are compliant with
the law. While CASL has been in force for more than eight months,
the CRTC has now started to flex its enforcement muscle by seeking
to impose serious monetary penalties. Violations of CASL are
potentially subject to a fine of up to $10 million.
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.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The prospect of an internal investigation raises many thorny issues. This presentation will canvass some of the potential triggering events, and discuss how to structure an investigation, retain forensic assistance and manage the inevitable ethical issues that will arise.
From the boardroom to the shop floor, effective organizations recognize the value of having a diverse workplace. This presentation will explore effective strategies to promote diversity, defeat bias and encourage a broader community outlook.
Staying local but going global presents its challenges. Gowling WLG lawyers offer an international roundtable on doing business in the U.K., France, Germany, China and Russia. This three-hour session will videoconference in lawyers from around the world to discuss business and intellectual property hurdles.
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.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).