• Canada’s Anti-Spam Law
  • April 9, 2015 | Author: Bradley J. Freedman
  • Law Firm: Borden Ladner Gervais LLP - Vancouver Office
  • Canada’s anti-spam law (commonly known as “CASL”) creates a comprehensive regime of offences, enforcement mechanisms and potentially severe penalties (including personal liability for corporate directors and officers) designed to prohibit unsolicited or misleading commercial electronic messages, prohibit the unauthorized installation and use of computer programs on other person’s computer systems, and deter other forms of online fraud (such as identity theft and phishing).

    Most parts of CASL came into force on July 1, 2014. CASL provisions regarding the installation and use of computer programs on another person’s computer system came into force on January 15, 2015. CASL provisions regarding enforcement through a private right of action are currently scheduled to come into force on July 1, 2017.

    In 2014, both the Canadian Radio-television and Telecommunications Commission (“CRTC”) and Industry Canada published on their respective websites (www.crtc.gc.ca/eng/casl-lcap.htm and www.fightspam.gc.ca) Frequently Asked Questions and other guidance documents regarding CASL compliance. The CRTC guidance document entitled “CASL Requirements for Installing Computer Programs” (www.crtc.gc.ca/eng/info&under;sht/i2.htm) provides important guidance regarding the interpretation and application of CASL rules for the installation and use of computer programs.