ARTICLE · 16 AUGUST 2016

Mind Your Consents: New Guidance On CASL Compliance From The CRTC

Norton Rose Fulbright Canada LLP

Explore more from Norton Rose Fulbright Canada LLP

The CRTC has recently published some additional guidance on retaining evidence of CASL consents.

CanadaPrivacy

Author LinkedIn connections

The CRTC has recently published some additional guidance on retaining evidence of CASL consents.

Under CASL, the person sending (or permitting to send) the commercial electronic message (CEM) has the onus of proving consent.

If the sender is relying on an exception to the consent requirement, such as an existing business or non-business relationship, the sender must be able to prove the exception.

As such, CRTC notes good record-keeping practices can help the sender:

identify potential non-compliance issues
investigate and respond to consumer complaints
identify the need for corrective actions
demonstrate that these corrective actions were implemented
establish a due diligence defense in the case of a violation of CASL

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

Related Articles

Canada’s First Children’s Privacy Code: What Does It Say?

Torkin Manes LLP

Privacy Reform Hits The M&A Deal Table: What Bill C-36 Means For Buyers, Sellers And Boards

Pallett Valo LLP

A Comparison Of The PPCDA, PIPEDA, Quebec's Privacy Act And PIPA: Part 2

Bennett Jones LLP

Canada’s New Children’s Privacy Code Signals Regulatory Expectations Of Online Services

PHP Security Vulnerabilities: Legal Considerations For Your Organization

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

Read more about

Related Comparative Guides

Comparative Guide

Data Protection & Cybersecurity

See more popular content from

Privacy

Implications Of Bill C-34, Canada’s Proposed Online Safety Framework, For Organizations

Canada's proposed Digital Safety Act introduces sweeping new obligations for social media platforms, AI chatbots, and interactive online services, requiring operators to protect children, mitigate harmful content, and implement age-verification measures. Organizations face substantial penalties of up to 5% of global revenue for non-compliance, backed by a new federal regulator with broad enforcement powers. What steps should your organization take now to prepare for this emerging regulatory framework?

Draft Canadian Security Breach Regulations Finally Unveiled

Affected U.S. businesses should review their current practices and consider establishing the safeguards set forth in the proposed regulations to avoid monetary penalties.

Torkin Manes LLP

The Price Of A Data Breach: Target Reaches $10M Settlement In U.S. Privacy Class Action

On March 19, 2015, the United States District Court in the District of Minnesota gave preliminary approval to a proposed settlement for the December 2013 data breach suffered by Target Corporation.

A Comparison Of The PPCDA, PIPEDA, Quebec's Privacy Act And PIPA: Part 2

Bennett Jones Privacy and Data Protection lawyers analyze Canada's evolving privacy landscape in a comprehensive comparison of federal and provincial regimes, examining how the proposed Protecting Privacy and Consumer Data Act could fundamentally reshape compliance obligations. The article explores critical areas including individual rights, automated decision-making, cross-border data transfers, breach notification requirements, and enforcement mechanisms that organizations must navigate.

Bennett Jones LLP

Canada’s Children’s Privacy Code: What It Means For Your Organization

On October 20, 2026, the Office of the Privacy Commissioner of Canada (OPC) released its Children’s Privacy Code (“the Code”). It is not new legislation, but that does not make it optional. The Code lays out how the OPC reads the Personal Information Protection and Electronic Documents Act (PIPEDA) when children’s personal information is involved online, and it is a clear preview of what the regulator will look for in complaints and investigations.

The New Canadian Children's Privacy Code Could Impact Your Organization

Canada's Office of the Privacy Commissioner has launched the country's first Children's Privacy Code, establishing comprehensive guidelines for how organizations must handle the personal information of minors online. The Code introduces strict requirements around consent, data minimization, and prohibits practices like behavioral profiling for marketing purposes, with expectations that organizations implement age-appropriate privacy protections now rather than waiting for upcoming legislative changes.

Bennett Jones LLP

Privacy, Data Protection, And Cybersecurity: What Foreign Companies Must Consider Before Entering The Canadian Market

Foreign companies entering Canada often assume their existing privacy programs designed for GDPR or CCPA compliance can simply extend to Canadian operations, but Canada's legal requirements demand targeted modifications. This comprehensive guide examines Canada's private sector privacy legislation, breach reporting obligations, AI governance expectations, and anti-spam regulations that businesses must navigate before launching in the Canadian market.

Privacy Reform Hits The M&A Deal Table: What Bill C-36 Means For Buyers, Sellers And Boards

Canada's proposed Bill C-36 introduces sweeping privacy reforms that could fundamentally alter how businesses handle personal information in mergers and acquisitions. With stricter rules on data disclosure, enhanced enforcement powers, and penalties reaching up to 5% of global revenue, the legislation raises critical questions about due diligence practices and transaction structures that organizations must address now.

Pallett Valo LLP

Canada’s New Children’s Privacy Code Signals Regulatory Expectations Of Online Services

Canada's Privacy Commissioner has released a comprehensive Children's Privacy Code that interprets how PIPEDA protections apply to minors and establishes new standards for organizations handling children's personal information through online services. The Code introduces age-appropriate consent frameworks, mandatory privacy impact assessments, and strict limitations on data practices that conflict with children's best interests, with a public consultation period open until January 2027.

Canada’s OpenAI Findings: What Businesses Need To Know About AI And Privacy Compliance

Canadian privacy regulators have completed a joint investigation into OpenAI's ChatGPT, examining whether the company's collection, use, and disclosure of personal information complies with federal and provincial private-sector privacy legislation. The investigation involved the Office of the Privacy Commissioner of Canada alongside regulators from Quebec, British Columbia, and Alberta, scrutinizing OpenAI's practices in developing and operating its AI chatbot platform.

Aird & Berlis LLP