Tag: CASL

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.

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.

On June 30, 2014 we reported that the CRTC advised Imagine Canada that there were some ‘inconsistencies’ with the reported interpretation of the fundraising exemption noted in Imagine Canada’s Issue Alert of June 5, 2014.

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.

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’.

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.

While Canadian businesses attempt to make their electronic policies comply with Canada’s Anti-Spam Legislation (CASL) by July 1, 2014, foreign companies who do business in Canada or communicate with Canadians electronically also need to be aware of how this new law applies to their operations.

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.