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ARTICLE · 12 JUNE 2017

Anti-Spam Legislation's Private Right Of Action Suspended

In a news release on June 7, the Government announced that it was suspending the implementation of the "private right of action" provisions in Canada's anti-spam legislation (CASL)...

CanadaLitigation, Mediation & Arbitration

In a news release on June 7, the Government announced that it was suspending the implementation of the "private right of action" provisions in Canada's anti-spam legislation (CASL), in response to broad-based concerns raised by businesses, charities and the not-for-profit sector. The private right of action would have allowed affected individuals to bring lawsuits against organizations and their officers, directors and agents for alleged CASL violations, and to claim compensatory damages, as well as statutory damages in the amount of $200 per contravention up to a maximum of $1 million for each day on which a contravention occurred. However, it is important to note that CASL otherwise remains in force, and complaints may continue to be investigated by the Canadian Radio-television and Telecommunications Commission, which has the authority to impose administrative penalties of up to $1 million for individuals and $10 million for businesses. In particular the deadline for

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