Digesting Canada’s Tough New Anti-spam Laws

Article
August 26, 2014
Read Time: 9 minutes

Most Canadians are certainly in favour of reducing unwanted spam in their mailboxes, but Canada’s new anti-spam law (CASL) has been met with hesitation by both businesses and consumers. There are concerns however, that CASL won’t be effective in combatting the most insidious sources of spam, which often originates outside of Canada. There are also concerns that CASL’s broad provisions will be onerous on Canadian businesses, and that the law is likely to be found unconstitutional, but there really hasn’t been much written on why that is. This post explores these concerns through an international perspective on the fight against spam. When viewed in this context, CASL can be seen in a different light.

Legal, Accounting and Banking News Flash – Deadline for Continuance under the NFP Act

Article
August 19, 2014
Read Time: 2 minutes

Effective October 18, 2014, the Director of Corporations Canada has the legal authority to dissolve any corporation initially incorporated under the then Canada Corporations Act for failure to transition to the NFP Act. The good news is that corporations which have not transitioned as of Oct 17, 2014 will not automatically be dissolved as of that date. Rather, steps will need to be taken by Corporations Canada which are intended to ultimately lead to dissolution. A Notice of Intent to Dissolve will need to be served on such corporations. Such notice will inform the recipient that it has a period of 120 days to effect the needed transition, failing which dissolution will occur. Any corporation which fails to respond to the Notice of Intent to Dissolve will be assumed to be inactive and will be dissolved.

Canada’s New Anti-Spam Legislation: The Fundraising Exemption – Another Update

Article
July 14, 2014
Read Time: 2 minutes

On June 30, 2014 we reported that the CRTC had contacted Imagine Canada in respect of its June 5th publication about the breadth of CASL’s fundraising exemption for registered charities. At that time the CRTC indicated that it found some inconsistencies in the information provided by Imagine Canada and would provide clarification on July 4, 2014 in respect of the issue.

Continuing to the Canada Not-for-profit Corporations Act: Continue Now or Risk Dissolution

Article
July 2, 2014
Read Time: 2 minutes

The Canada Not-for-profit Corporations Act (the ‘CNCA’) came into force on October 17, 2011. This legislation states that all not-for-profit corporations must continue (transition) to the CNCA by October 17, 2014 or face dissolution. The deadline is fast approaching but there are still many corporations that have not transitioned to the CNCA.

Canada’s New Anti-Spam Legislation

Article
June 30, 2014
Read Time: 4 minutes

Canada’s new anti-spam legislation was passed in December 2010 and it will come into force on July 1, 2014. It is intended to curb the problem of unwanted electronic communications being sent to Canadians (spam), as well as the downloading of computer programs on to a person’s computer without their consent, while at the same time ensuring that organizations are able to continue to compete in the global marketplace. CASL addresses a number of electronic activities in relation to the use and promotion of products and services. One of the main activities that it addresses is the sending of commercial electronic messages to recipients.

Canada’s New Anti-Spam Legislation: The Fundraising Exemption

Article
June 30, 2014
Read Time: 2 minutes

CASL does provide an exemption from both the consent and content requirements found in section 6 of the legislation for registered charities (and political organizations) if the purpose of the electronic communication is ‘primarily for the purpose of raising funds’.

Canada’s New Anti-Spam Legislation: Does it apply to your organization?

Article
June 30, 2014
Read Time: 1 minute

CASL applies to anyone sending electronic messages with commercial content, including businesses, registered charities, non-profit organizations, and individuals. Commercial content refers to content that encourages commercial activity, such as the purchase of goods or services.