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ARTICLE · 12 JUNE 2017

CASL Private Right Of Action Gone For Now, But Can It Be Forgotten?

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The June 7th Order-in-Council repealed paragraph (c) of the 2013 Order-in-Council that set July 1, 2017, as the date on which the private right of action would come into force.

CanadaLitigation, Mediation & Arbitration
Bernice Karn
Bernice Karn
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To the relief of many in the Canadian business community, in a surprise last minute move the Federal Government issued an Order-in-Council on June 7 effectively shelving the private right of action under Canada’s anti-spam legislation (CASL) for the foreseeable future. 

The June 7th Order-in-Council repealed paragraph (c) of the 2013 Order-in-Council that set July 1, 2017, as the date on which the private right of action would come into force.  In a news release, Innovation, Science and Economic Development Canada stated that “Canadians deserve an effective law that protects them from spam and other electronic threats that lead to harassment, identity theft and fraud. At the same time, Canadian businesses, charities and non-profit groups should not have to bear the burden of unnecessary red tape and costs to comply with the legislation.” However, the matter is far from over, as the government has stated that it will ask a parliamentary committee to review the

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