Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 22 NOVEMBER 2014

Inconsistency In Canada’s Anti-Spam Law – When Is "Java Scripts" Not "JavaScript"?

Bennett Jones LLP
Bennett Jones LLP
Contributor
Bennett Jones LLP

Bennett Jones LLP

Bennett Jones is one of Canada’s premier business law firms. With deep experience in complex...

View firm profile
Explore more from Bennett Jones LLP

Canada’s anti-spam law (CASL) is complex and ambiguous, and can result in substantial liability (e.g., a maximum $1,000,000 fine for individuals and $10,000,000 for organizations).

CanadaMedia, Telecoms, IT, Entertainment
J. Sébastien Gittens
J. Sébastien Gittens
Author LinkedIn connections

Canada's anti-spam law (CASL) is complex and ambiguous, and can result in substantial liability (e.g., a maximum $1,000,000 fine for individuals and $10,000,000 for organizations). Accordingly, many organizations have struggled to find a path to compliance under the law.

The software related prohibitions come into force on January 15, 2015, and so close attention has recently been paid to those complex and difficult provisions.

Among the challenges that organizations that develop and/or distribute software are facing is understanding when and in what context the "deemed consent" provision under Section 10(8) of CASL, apply.

Section 10(8) provides that a person is deemed to have expressly consented to the installation of a computer program if the computer program is a cookie, HTML code, Java Scripts, an operating system, any other program executable only through use of another computer program whose installation and use was previously expressly consented to, or

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Driverless Taxis Set To Hit The Streets Of Toronto

Waymo's autonomous robotaxis are coming to Toronto by 2028, marking the company's first international expansion. As driverless vehicles prepare to navigate Canadian winters and city streets, questions emerge about safety records, insurance liability, regulatory frameworks, and how self-driving technology will adapt to snow, ice, and complex urban conditions that differ dramatically from their Arizona origins.
CanadaMedia, Telecoms, IT, Entertainment
Gluckstein Lawyers
Gluckstein Lawyers
Article

Fall Forecast: What To Watch In Canada’s Communications Sector

Canada's broadcasting, telecommunications, and satellite industries face significant regulatory changes this fall as Parliament advances key legislation. From the CRTC's implementation of the Online Streaming Act amid U.S. trade tensions to new lawful access requirements for service providers and the establishment of Canada's first space launch framework, these developments will reshape operational requirements across the communications sector.
CanadaMedia, Telecoms, IT, Entertainment
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Article

Notice Concerning The Quota For Imports Of Chinese Electric Vehicles

The Government of Canada has introduced new rules governing the second allocation period for electric vehicle imports from China, increasing the available quota to 33,397 vehicles while maintaining strict permit requirements and a first-come, first-served allocation system. Global Affairs Canada signals potential intervention measures to ensure equitable access, particularly for original equipment manufacturers and new market entrants navigating this highly regulated import regime.
GlobalInternational Law
Bennett Jones LLP
Bennett Jones LLP
Article

Ontario Court Bifurcates Class Action As Practical Approach To Onerous Discovery Demands

An Ontario court granted a motion to bifurcate liability and damages stages in a class action alleging $500 million in hidden fees, finding that extensive documentary production requests were disproportionate and not relevant to determining liability. The decision addresses proportionality concerns in class actions where defendants face onerous discovery demands spanning millions of transactions over a decade.
CanadaLitigation, Mediation & Arbitration
Bennett Jones LLP
Bennett Jones LLP
Article

Data Centre West 2026: Alberta's Digital Infrastructure Moment Has Arrived

Alberta's data centre sector has evolved from speculative interest into billions in committed investment, supported by a new regulatory framework and hyperscale commitments from Meta and AWS. However, grid capacity constraints, power procurement challenges, unresolved federal copyright issues affecting AI training workloads, and community concerns about environmental impacts present significant obstacles that require continued collaboration between industry, government, and regulators.
CanadaEnergy and Natural Resources
Bennett Jones LLP
Bennett Jones LLP
Article

Canada Launches Responsible Data Centre Development Principles: What Clients Need To Know

Canada has introduced a new national framework setting expectations for data centre infrastructure development, with 42 major industry signatories including Amazon, Google, Meta, Microsoft and NVIDIA. The Principles establish five core requirements covering local benefits, electricity cost allocation, environmental impacts, transparency and strategic value, though their practical implementation will depend heavily on provincial and municipal policy decisions.
CanadaGovernment, Public Sector
Bennett Jones LLP
Bennett Jones LLP
Article

The Q3 2026 PE Briefing

The Canadian private equity landscape navigates a transition period marked by prolonged market volatility and stalled exit activity, yet demonstrates resilience through strategic investments in high-growth sectors. Q3 2026 analysis reveals how larger commitments, power and utilities investments, evergreen fund expansion, and healthcare sector dynamics are shaping the market amid escalating trade tensions and evolving investor strategies.
CanadaFinance and Banking
Bennett Jones LLP
Bennett Jones LLP
Article

Canada's Response To Trump: Tariffs And Relief Measures

Following the Trump administration's imposition of 50% tariffs on Canadian exports worth C$27.6 billion, Prime Minister Carney has announced comprehensive countermeasures targeting American goods. The Canadian response includes dollar-for-dollar retaliatory tariffs ranging from 15% to 50% on US products, alongside C$7.5 billion in support programs for affected workers and businesses. What relief measures and remission frameworks are available to Canadian importers navigating this escalating trade dispute?
CanadaInternational Law
Bennett Jones LLP
Bennett Jones LLP
Article

Round Three, Same Result

The Alberta Court of Appeal has ruled that Canada's amended Impact Assessment Act remains unconstitutional despite 2024 revisions intended to address Supreme Court concerns. The 4-1 majority decision found that federal oversight continues to exceed jurisdictional boundaries, particularly in regulating major resource and infrastructure projects that fall primarily under provincial authority. This landmark ruling marks the third time courts have invalidated the Act's Designated Projects scheme, raising critic
CanadaGovernment, Public Sector
Bennett Jones LLP
Bennett Jones LLP
Article

OPC Issues New PIPEDA Guidance On Assessing Third-Party Service Providers

Canada's privacy regulator has released new draft guidance establishing comprehensive due diligence standards for organizations evaluating third-party service providers under PIPEDA. The framework introduces eleven best practices covering everything from data flow mapping and AI training data sourcing to vendor lock-in risks and ongoing monitoring obligations, signaling heightened expectations for privacy accountability in vendor relationships.
CanadaPrivacy
Bennett Jones LLP
Bennett Jones LLP