Canada's Anti-Spam Act: The Time For Action Is Now!

Copyright 2011, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Business, July 2011

If you are engaged in business in Canada and communicate with your customers and suppliers using some form of electronic messaging, Canada's Anti-Spam Legislation (CASL, or the Act) will soon place significant restraints on your ability to send electronic messages.¹

CASL is expected to be in force early in 2012. The Act will establish one of the most stringent anti-spam regimes in the world. It will apply to all "commercial electronic messages" (CEMs) that include not only email but also text messages, instant messages and messages sent through social networking sites. While CASL will only apply if the electronic message can be said to be a "commercial" electronic message, such messages merely need to encourage participation in conduct of a commercial character, whether or not there is an expectation of profit, to be caught by the Act. Moreover the onus