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ARTICLE · 02 JULY 2014

Countdown To CASL: CRTC Issues Additional Guidance

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The CRTC has released a new Compliance and Enforcement Bulletin addressing corporate compliance programs.

CanadaCorporate/Commercial Law

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

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