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ARTICLE · 10 NOVEMBER 2016

CRTC Assesses Conspicuous Publication Basis Of Implied Consent In CASL Enforcement Decision

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The CRTC released a compliance and enforcement decision, CRTC 2016-428, October 26, 2016, in which it found that Blackstone Learning Corp. committed nine violations of paragraph 6(1)(a)...

CanadaTechnology
J. Sébastien Gittens
J. Sébastien Gittens
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The CRTC released a compliance and enforcement decision, CRTC 2016-428, October 26, 2016, in which it found that Blackstone Learning Corp. committed nine violations of paragraph 6(1)(a) of Canada's Anti-Spam Legislation (CASL) by sending commercial electronic messages (CEMs) without consent, and imposed a penalty of $50,000 on Blackstone.

The decision is noteworthy as it give more details and analysis than the CRTC’s prior press releases of enforcement action. As a result, it give a glimpse into the process used by the CRTC in an enforcement action. Importantly, it also confirms the CRTC views on the requirements to use conspicuous publication as a basis of implied consent and provides details of factors that may impact the amount of a penalty under CASL.

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