Canada’s Anti-Spam Law Expected To Come Into Force In 2013

Bill C-28, commonly referred to as Canada's Anti-Spam Legislation or "CASL", was passed by the Canadian Parliament in December 2010 and will likely come into force in 2013. This bulletin provides an overview of the anti-spam regime set out in CASL as it stands at the date of publication of this bulletin. A second Blakes Bulletin published concurrently with this bulletin, provides an overview of two recent CRTC guidance documents.

BACKGROUND

The anti-spam provisions of CASL prohibit, subject to limited exceptions, the sending of a "commercial electronic message" (CEM) unless the recipient has consented to receiving the message and the message meets certain form and content requirements. A CEM is an electronic message that has as its purpose, or one of its purposes, to encourage participation in a commercial activity. This legislation will significantly impact the electronic marketing practices of companies in Canada and foreigners sending CEMs to Canadians.