Parts of Canada’s Anti-Spam Legislation come into force one week today, on July 1, 2014. The controversial legislation addresses all “Commercial Electronic Messages”, messages that have as one of their purposes, to encourage participation in a commercial activity.
There is significant commentary on the legislation and regulations, including from the government (http://fightspam.gc.ca/). Legislation is available:
- An Act to Promote the Efficiency and Adaptability of the Canadian Economy by Regulating Certain Activities that Discourage Reliance on Electronic Means of Carrying out Commercial Activities, and to Amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (CanLII);
- Electronic Commerce Protection Regulations (CanLII)
- Electronic Commerce Protection Regulations (CRTC) (CanLII)
- CRTC Guidance: Guidelines to help businesses develop corporate compliance programs (CRTC)
The legislation establishes a framework that generally restricts sending of “Commercial Electronic Messages” subject to permitted exceptions.
Sections addressing installation of computer programs come into force on January 15, 2015 and the sections that deal with the private right of action will come into force on July, 1 2017.
Many firms and commentators have provided commentary, guidelines and checklists for directed to clients and senders of commercial electronic messages.