Canada’s Anti-Spam Legislation




Get ready

Canada’s Anti-Spam Legislation (CASL), widely considered to be the toughest commercial electronic messaging legislation in the world, is now in force. It will have significant implications for Canadian businesses, not-for-profit organizations and individuals using electronic communications.

CASL creates an “opt-in” regime for sending commercial electronic messages and the installation of computer programs, and calls for stiff penalties for offenders.

Extensive effects

The legislation’s messaging provisions extend far beyond what would usually be considered “spam” emails. This will force organizations to carefully scrutinize their use of email and other electronic messaging systems, including SMS, social networks and online portals.

Its computer programs provisions cover more than just “malware/spyware” and will affect the installation of a range of programs, from applications on personal computers, tablets and mobile devices, to programs embedded in consumer products - including automobiles, TV sets, PVRs, home audio systems, household appliances and more.

CASL’s provisions concerning messaging came into force on July 1, 2014. Provisions regarding installation of computer programs will come into effect on January 15, 2015, and the private right of action provided by CASL will be in force on July 1, 2017.

How can an organization prepare?

McCarthy Tétrault has acted as counsel to businesses, not-for-profits, individuals and industry organizations. Our lawyers are the country’s leading practitioners on CASL compliance challenges. We are pleased to provide you with helpful information and resources, including our comprehensive Anti-Spam Toolkit, and invite your questions.

What you need: Your CASL toolkit

McCarthy Tétrault has prepared its Anti-Spam Toolkit, which is designed to help you understand the law and adapt your business where necessary. Geared to help you and your legal team with compliance efforts, it includes these helpful tools to use in compliance programs:

  • Analysis of the law, including the messaging, computer program and Competition Act provisions
  • A questionnaire to help you begin your compliance efforts
  • A checklist covering key CASL requirements
  • A decision tree to help assess compliance of specific messages

To get your copy, please contact:

Barry Sookman
Partner, Toronto
416-601-7949
bsookman@mccarthy.ca
Kirsten Thompson
Counsel, Toronto
416-601-7797
kithompson@mccarthy.ca
Charles Morgan
Partner, Montréal
514-397-4230
cmorgan@mccarthy.ca
Cathy Samuel
Partner, Calgary
403-206-5528
csamuel@mccarthy.ca
David Crane
Partner, Vancouver
604-643-5891
dcrane@mccarthy.ca

 

 

 

Helpful analysis from our lawyers

For your convenience, here are links to our lawyers’ blogs, where you’ll gain further insight into the law and what it means to you:

Canada’s Anti-Spam Law FAQs Released by CRTC

Canada’s Anti-Spam Law is Coming – Are you Ready?

Barry Sookman: CASL Industry Canada regulations: summary and comments

Barry Sookman: The Industry Canada CASL Regulations and RIAS: a Lost Opportunity

Canadian Anti-Spam Regulations Published for a 30-Day Comment Period

Barry Sookman: Reflections on the new CRTC CASL regulations

Barry Sookman: CRTC Issues CASL guidelines and commentary

CASL, the regulations and other helpful information

The Law

CRTC Regulations

Industry Canada Regulations

Regulatory Impact Analysis Statement

Note on Enforcement

Enforcement Agencies MoU

To find out how McCarthy Tétrault can help your business, please contact:

Barry Sookman
Partner, Toronto
416-601-7949
bsookman@mccarthy.ca
Kirsten Thompson
Counsel, Toronto
416-601-7797
kithompson@mccarthy.ca
Charles Morgan
Partner, Montréal
514-397-4230
cmorgan@mccarthy.ca
Cathy Samuel
Partner, Calgary
403-206-5528
csamuel@mccarthy.ca
David Crane
Partner, Vancouver
604-643-5891
dcrane@mccarthy.ca