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ARTICLE · 14 JUNE 2017

Anti-Spam Private Right Of Action Suspended

The Government of Canada has suspended the implementation of the private right of action in Canada's anti-spam legislation.

CanadaPrivacy
Lawson Lundell LLP
Lawson Lundell LLP
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The Government of Canada has suspended the implementation of the private right of action in Canada's anti-spam legislation (CASL).

The provisions in connection with CASL's private right of action were scheduled to come into force on July 1, 2017. They would have given people the ability to seek damages against those who contravene certain sections of CASL, including the provisions with respect to sending commercial electronic messages, as well as certain sections of the federal Personal Information Protection and Electronic Documents Act.

The coming into force of these provisions was repealed by an Order in Council on June 2, 2017. The short preçis associated with this Order remarks that the coming into force was suspended "in order to promote legal certainty for numerous stakeholders claiming to experience difficulties in interpreting several provisions of the Act while being exposed to litigation risk". The Government made the announcement on June 7, 2017, in a

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