Canada’s Anti-Spam Initiative

The lay person's definition of "spam" likely contemplates advertisements for questionable drug enhancement products and solicitation from individuals set to receive a substantial inheritance; however, Canada's anti-spam legislation tackles more than just these quintessential stereotypes. The law takes the approach of forbidding almost all commercial electronic messages ("CEM"s) and then setting out only selected exemptions. This article will survey the current state of the various prohibitions and exemptions, and potential effects on organizations which use CEMs.

What is commonly referred to as Canada's Anti-Spam Law (the "CASL") was passed in 2010, but it is not expected to come into force until sometime in 2013. The new legislation, fully entitled "An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the