Over the past number of years, Canadian businesses have been
busy bringing themselves into compliance with Canada's
Anti-Spam Legislation (CASL) – one of the toughest anti-spam
regimes in the world. CASL establishes an "opt-in"
consent-based regime that captures within its scope nearly all
commercial electronic messages (CEMs) and the distribution of
nearly all computer programs. It applies to essentially every
business and organization that either sends messages to or installs
computer programs on computing devices located in Canada.
With regular announcements from the CRTC noting well over half a
million complaints being received and several major investigations
and prosecutions under CASL under their belt, Canadian businesses
shouldn't need more motivation to comply with CASL, yet, as of
July 1, 2017, the legal provisions granting a "private right
of action" to private individuals come into force. This
development should cause businesses to take notice. The private
right of action will permit a private individual to bring an action
(lawsuit) against a sender of a CEM who has not complied with CASL.
Considering many businesses regularly conduct business by email and
undertake major promotional campaigns – one mistaken email
that violates CASL could give its recipients a right to sue the
sending business for the breach. Many legal commentators have
questioned what the damages of the party receiving the violating
email would be and this appears to be an open question at this
point. Discussions are already underway in the legal community
around the potential for class action lawsuits.
To put it simply, you don't need to be a spammer for CASL to
impact important elements of your business and you shouldn't
wait to undertake a review of your organization's CASL
compliance. For all businesses, whether large, medium or small - it
is critical to review your business processes and start developing
a comprehensive compliance plan to reduce the risks of prosecution
that you presently face and the risk of being sued that lies
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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