Bill C-28: Canada’s Anti-Spam Legislation Passes

Sending emails to promote one's business will no longer be the same now that the Canadian Parliament has passed Bill C-28, which was formerly known as the Fighting Internet and Wireless Spam Act (FISA). It is anticipated that FISA will come into force in 6 – 8 months, once regulations are in place.

An employer can be vicariously liable for a violation of FISA committed by an employee acting within the scope of his/her employment. Moreover, officers and directors of a corporation can also be held personally liable for violations.

PROHIBITION ON SENDING "SPAM"

FISA prohibits the sending of a commercial electronic message to an electronic address (e.g., e-mail, instant messaging) unless: (a) the recipient of the message has consented to receiving it, and (b) the message sets out certain information including how to unsubscribe from future messages. The prohibition applies to the sender and any person who acts on behalf of the sender, such as a marketing agency