CRTC Slashes Anti-Spam Fine In First Review Decision

In the first case considered by the appointed members of the CRTC under Canada's Anti-Spam Law (CASL), the Commission has significantly reduced the size of the penalty previously issued by staff, potentially raising questions about the appropriateness of previous AMPs issued under the law.

A Notice of Violation was originally issued by CRTC staff to Blackstone Learning Corporation in January of 2015, requiring that company to pay an Administrative Monetary Penalty (AMP) of $640,000.  However, following a review by the CRTC, the amount payable has been reduced to $50,000.

Under the scheme of the Act, the Commission may designate persons or classes of persons to exercise powers in relation to any matter referred to in the designation.  Somewhat unusually, the enforcement powers under CASL – such as the power to issue preservation demands, notices to produce, and notices of violation - are actually granted to such designated persons, rather than to the Commission