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ARTICLE · 24 AUGUST 2012

Update On Canada's Anti-Spam Legislation

Borden Ladner Gervais LLP
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Over a year now has passed since Canada’s anti-spam legislation ("CASL") received royal assent. CASL likely won’t come into force until 2013, and a grace period is expected before it comes into force.

CanadaPrivacy
Eva Chan
Eva Chan
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Over a year now has passed since Canada's anti-spam legislation ("CASL") received royal assent. CASL likely won't come into force until 2013, and a grace period is expected before it comes into force.

Two sets of draft regulations to CASL were released in the summer of 2011 for consultation. One by Industry Canada ("IC"), and the other by the Canadian Radio-television and Telecommunications Commission ("CRTC").

REGULATIONS OF INDUSTRY CANADA

The draft regulations from IC received considerable comment and criticism.  Revised regulations from IC are expected to be published sometime this year.

CASL prohibits the sending of a commercial electronic message ("CEM") unless the recipient has provided consent to receive the CEM, and the CEM sets out certain information, including how to unsubscribe. An exception to the foregoing is if there is a personal or family relationship. The draft regulations released last summer defined the terms "family relationship" and

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