The final two stages of Canada’s Anti-Spam Legislation (CASL) will come into effect on July 1, 2017. This will end the transitional period of July 1, 2014 to July 1, 2017 and introduces the private right of action.
Since July 1, 2014, organizations have been operating within the transitional period to send commercial electronic messages (CEMs) based on implied consent. If an organization has a pre-existing business or non-business relationship with a contact any time prior to July 1, 2014, there exists implied consent to send the contact a CEM. The transitional period has been used by organizations to obtain express consent from contacts to send CEMs.
The Government of Canada defines CEMs as “a message whose purpose is to encourage participation in a commercial activity.” CASL does not apply to the following:
- Non-commercial activity
- Voice, facsimiles or auto-recorded phone calls (robo-calls)
- Broadcast messages including tweets and posts
The Canadian Radio-television and Telecommunications Commission (CRTC) provides the following examples of CEMs:
- Offers to purchase, sell, barter or lease a product, goods, a service, land or an interest or right in land;
- Offers to provide a business, investment or gaming opportunity;
- Promoting a person, including the public image of the person, as being a person who does anything referred to above, or who intends to do so.
In order to send a CEM to an electronic address, the following is required:
- Identification information
- An unsubscribe mechanism
End of Transitional Period
The transitional period will end on July 1, 2017, and sending CEMs based on implied consent will be subject to the limitation period of two years or six months; creating a more restrictive time within which to send a CEM to a contact based on implied consent.
On July 1, 2017, both individuals and businesses who are affected by contraventions of CASL will be able to seek monetary remedy in a court proceeding. If there is a breach of the CEM provisions, the liability can be $200 for each breach not exceeding $1,000,000 for each day on which the breach occurred. While CASL does not expressly include class actions, it is anticipated that the private right of action creates the possibility for groups to pursue class actions for CASL violations.
- Mitch Rezansoff Attends Fertilizer Canada’s Parliamentary Forum CAAR Executive Director Mitch Rezansoff travelled to Ottawa to meet with Members of Parliament and industry colleagues during Fertilizer Canada’s annual Parliamentary Forum from April 9-10. Read more for a summary of...
- CAAR Pleased With Neonic Decision CAAR is pleased with the confirmation from Health Canada's Pest Management Regulatory Agency that neonics pose no threat to bees and other pollinators when used in accordance with the product’s label directions. CAAR...
- Saskatchewan Ammonia Dealers: 2019 SGI Permit Now Available Online CAAR has once again successfully renewed the SGI Letter of Approval to Anhydrous Ammonia or Fertilizer Distributors, expiring Dec. 31, 2019. This letter is available for Saskatchewan CAAR members only, approving t...
- Comment Period on Proposed PMRA Neonic ban Closes Nov. 13 The deadline to submit responses to the PMRA’s proposed phase-out of Clothianidin and Thiamethoxam is fast approaching. To help strengthen the industry position on the proposed ban of these useful and valuable tools,...
- CAAR Urges Member Responses to PMRA’s Proposed Ban CAAR is one of several industry groups forming a unified coalition to respond to the PMRA’s proposed decisions on Clothianidin and Thiamethoxam that were announced August 15. Together, this group has formed a seri...