Canada already has one of the world's strictest regimes
regulating commercial electronic messages, and, just in time for
the country's 150th birthday, the consequences for
breach are about to get much more severe. On July 1, 2017, this
regime will add additional teeth in the form of a private right of action, which could
drastically increase the threat of legal proceedings and financial
consequences for those who violate it.
Until July 1, 2017 the primary concern is that violations of
Canada's Anti-Spam Law
("CASL") would be prosecuted by the
bodies responsible for its enforcement (Canadian Radio-television
and Telecommunications Commission (the
"CRTC"), the Competition Bureau, and the Office of the
Privacy Commissioner). After July 1, 2017 those who send
commercial electronic messages also face the risk of class
proceedings specifically permitted by CASL.
