CASL: CRTC Issues Notice of Violation – Imposes $1.1 Million Penalty

Blog Post
March 9, 2015
Read Time: 3 minutes

On March 5, 2015, the Canadian Radio-television and Telecommunications Commission (‘CRTC’) issued the first Notice of Violation under Canada’s anti-spam law (‘CASL’). The Notice of Violation was issued to Compu-Finder for sending commercial electronic messages (‘CEMs’) without the recipients’ consent and with an ineffective unsubscribe mechanism. The Notice of Violation includes a $1.1 million administrative monetary penalty.

The Seventh Annual Not-for-profit Sector LAB Update

Blog Post
October 27, 2014
Read Time: 1 minute

Nelligan O’Brien Payne, in collaboration with Collins Barrow Ottawa and RBC Royal Bank, will be hosting our seventh annual Not-for-Profit Sector LAB (Legal, Accounting, Banking) Update. This event will be held on Thursday, November 27, 2014, at the Centurion Conference Centre, located at 170 Colonnade Road from 8:30 AM to 4:00 PM.

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.

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.

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.

Canada’s Anti-Spam Legislation (Bill C-28) – Is Your Business Ready?

Article
May 27, 2011
Read Time: 5 minutes

On May 25, 2010, Parliament introduced Bill C-28 – The Fighting Internet and Wireless Spam Bill, otherwise known as Canada’s anti-spam legislation. This legislation received Royal Assent on December 15, 2010 and is expected to come into force once its regulations are finalized.