In November 2018, the Canadian Radio-television and
Telecommunications Commission ("CRTC") issued an Information Bulletin regarding Canada's Anti-Spam Legislation
(commonly known as "CASL"). The Bulletin indicates that
the CRTC is taking an aggressive approach to the interpretation of
the CASL provision that imposes liability on persons who "aid,
induce, procure or cause to be procured" a CASL violation. The
Bulletin explains that businesses that provide products or services
that could be used to commit CASL violations must implement
proactive measures to prevent identified risks, even if that means
going beyond industry standards.
CASL
CASL creates a comprehensive regime of offences, enforcement
mechanisms and potentially severe penalties designed to prohibit:
(1) sending, or causing or permitting to be sent, unsolicited
commercial electronic messages ("CEMs") without consent
(express or implied) or compliance with prescribed formalities;
(2) altering, or causing
