CRTC Publishes Guidance on Indirect Contraventions of Canada’s Anti-Spam Law

On November 5, 2018, the CRTC published its Compliance and Enforcement Information Bulletin CRTC 2018-415 (Bulletin), which is a guideline regarding the prohibition against facilitating spam under Canada’s Anti-Spam Law (CASL). Section 9 of CASL imposes prohibitions and penalties for activities that facilitate the contravention of the anti-spam provisions in sections 6-8. The non-facilitation prohibition…

First CASL Decision Invites Long-Desired Feeling of Normality

Canada’s Anti-Spam Legislation is relatively new, onerous and far from elegant. Organizations have been weighing the risks the best they can – and in doing so have puzzled over how to account for CASL’s provision for penalties of up to $10 million. On October 26th, the CRTC issued a decision in which it held that a company…

Dan Michaluk Quoted in Lexpert Magazine

Hicks Morley’s Dan Michaluk was quoted in the May 2015 issue of Lexpert Magazine, in an article entitled, “How prepared are Canadian businesses for CASL’s impact?” The article refers to Canada’s Anti-Spam Law (CASL), and how it has significantly narrowed the digital landscape for business, in Canada and abroad. View Article

CRTC issues $1.1 million penalty for 4 spamming violations under CASL

On March 5, 2015, the Chief Compliance and Enforcement Officer (“Officer”) at the Canadian Radio-television and Telecommunications Commission (“CRTC”) issued a Notice of Violation – including a $1.1 million penalty – to Compu-Finder for contravening Canada’s new anti-spam legislation, CASL. Compu-Finder was responsible for 26% of all complaints submitted to the industry sector’s Spam Reporting…

Hicks Morley Quoted by the National Post

The National Post referred to Hicks Morley’s warning to employers about Canada’s Anti-Spam Legislation in a January 5, 2015 online article entitled “Anti-spam legislation could impact employers’ BYOD policies“. The article addresses the coming into force of section 8 of “CASL” on January 15, 2015 and the potential impact of section 8 on “bring your…

New CASL Provision May Have Impact On Bring Your Own Device Policies

Employers should be aware that a provision of Canada’s Anti-Spam Legislation (“CASL”) is coming into force on January 15, 2015 which may have an impact on employers’ bring your own devices (“BYOD”) policies. Section 8 of CASL prohibits a person from installing or “causing to be installed”, in the course of commercial activity, a computer…

CASL Regulations Amended

On May 28, 2014, Regulations Amending the Electronic Commerce Protection Regulations (CRTC) (“Regulations”) were registered and came into force.  The Regulations amend the Electronic Commerce Protection Regulations (CRTC) made under Canada’s Anti-spam legislation (“CASL”), to provide that section 5 of the Electronic Commerce Protection Regulations (CRTC) (“Specified Functions of Computer Programs”) comes into effect on…