CRTC Decision Provides Important Guidance on Anti-Spam Legislation

A recent compliance and enforcement decision of the Canada Radio-television and Communications Commission (Decision 2017-368) under Canada’s Anti Spam legislation (Act) provides useful guidance for organizations seeking to rely on the Act’s “business-to-business” exclusion, or implied consent, to send commercial electronic messages (CEMs). It also has significant implications for any organization making representations to the…

Proposed Anti-spam Regulations Published

On January 5, 2013, Electronic Commerce Protection Regulations (“ECP Regulations”), proposed under Canada’s Anti-spam Legislation (“CASL”*), were published. As previously reported, the CASL enacts comprehensive anti-spam legislation relating to the sending of commercial electronic messages (“CEMs”). The CASL has not yet been proclaimed into force, with the exception of certain Personal Information Protection and Electronic…

Information Bulletins on Anti-spam Legislation Published

Two information bulletins have been published by the Canadian Radio-Television Communications Commission (CRTC) to help businesses better understand Bill C-28, the federal anti-spam legislation. The bulletins include, among other things, examples of acceptable practices. As previously reported, Bill C-28 enacts comprehensive anti-spam legislation and specifically amends the Personal Information Protection and Electronic Documents Act (“PIPEDA”)…

Anti-spam Regulation Proposed Under Bill C-28

On July 9, 2011, the federal government published proposed Electronic Commerce Protection Regulations under Bill C-28, the so-called “anti-SPAM” legislation. The proposed Regulations are administrative in nature and specifically provide definitions for terms used in Bill C-28, including “personal relationship” and “family relationship”. The Regulations also define the specific conditions under which consent would be…

C-28, formerly the “Fighting Internet and Wireless Spam Act

As we reported, Bill C-28 (formerly the Fighting Internet and Wireless Spam Act), received Royal Assent on December 15, 2010, and will come into force on a day to be fixed by order of the Governor in Council. Bill C-28 was originally introduced with a Short Title, the Fighting Internet and Wireless Spam Act. At…

Bill C-28 Receives Royal Assent

On December 15, 2010, Bill C-28 (formerly the Fighting Internet and Wireless Spam Act), received Royal Assent. The Bill will come into force on a day to be fixed by order of the Governor in Council. As previously reported, the Bill enacts comprehensive anti-SPAM legislation and specifically amends PIPEDA to prohibit the collection of personal…

Bill C-28 Passes Third Reading

On November 23, 2010, Bill C-28 passed Third Reading in the House of Commons. It was indicated in the speeches at Third Reading that the short title of the Bill will be the Electronic Commerce Protection Act (formerly the Fighting Internet and Wireless Spam Act). As previously reported, the Bill would enact comprehensive anti-SPAM legislation….

FTR Now: Federal Legislation Introduced to Create “PIPEDA 2.0”

As previously reported, on May 25, 2010, the federal government introduced two Bills that if passed, would significantly amend PIPEDA: Bill C-29, the Safeguarding Canadians’ Personal Information Act and Bill C-28, the Fighting Internet and Wireless Spam Act. In our FTR Now of June 9. 2010, we summarize the major changes to PIPEDA outlined in…

Federal Amendments to PIPEDA Introduced

On May 25, 2010, the federal government introduced two Bills that, if passed, would significantly amend PIPEDA: Bill C-29, the Safeguarding Canadians’ Personal Information Act and Bill C-28, the Fighting Internet and Wireless Spam Act. Bill C-29 would: specify the elements of valid consent for the collection, use or disclosure of personal information; permit the…