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ARTICLE · 01 MAY 2012

Update On Canada’s Anti-Spam Legislation

Borden Ladner Gervais LLP
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Over a year now has passed since Canada’s anti-spam legislation ("CASL") received royal assent. CASL is still not yet in force.

CanadaIntellectual Property
Eva Chan
Eva Chan
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Over a year now has passed since Canada's anti-spam legislation ("CASL") received royal assent. CASL is still not yet in force.

Two sets of draft regulations to CASL were released in the summer of 2011 for consultation. One by Industry Canada, and the other by the Canadian Radio-television and Telecommunications Commission ("CRTC").

Regulations of Industry Canada

The draft regulations from Industry Canada received considerable comment and criticism. In response, the federal government has been holding meetings with some stakeholders to discuss the regulations. Revised regulations from Industry Canada are expected to be published soon.

CASL prohibits the sending of a commercial electronic message ("CEM") unless the recipient has provided consent to receive the CEM, and the CEM sets out certain information, including how to unsubscribe. There is an exception to the foregoing if there is a personal or family relationship. The draft regulations released last

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