Spammers Beware: Proposed E-Commerce Protection Act Prohibits Unsolicited Commercial Electronic Messages

Copyright 2009, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Communications/Information Technology, May 2009

On April 24, 2009, what might become Canada's first anti-spam legislation was tabled in the House of Commons for first reading. If enacted, Bill C-27 would create the Electronic Commerce Protection Act (the ECPA), the primary purpose of which is to promote e-commerce in Canada by regulating commercial conduct that currently undermines Canadians' confidence in conducting business online. To this effect, the ECPA not only prohibits certain forms of spam, phishing and the use of spyware in commercial activities, it establishes hefty fines for any violation of the rules established thereunder. Surprisingly, the ECPA also sets out amendments to the Telecommunications Act which would dismantle the legislative framework of the recently established national do-not-call list relating to unsolicited telecommunications. It is important to