Canada's Anti-Spam Legislation, effective July 1, 2014, regulates commercial electronic messages to protect Canadians from unsolicited communications and outlines severe penalties for violations, with fines reaching up to $10 million. Key requirements include obtaining consent prior to sending messages, clearly identifying the sender, and providing an unsubscribe mechanism. Enforcement is the responsibility of agencies such as the CRTC and the Competition Bureau, with a private right of action available starting July 1, 2017.

1. Canada’s Anti-Spam
Legislation
What Every Business Needs to Know
By John Lepore, WSI - Ottawa

2. What is it?
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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

3. No…Really...What is it?
A law to protect Canadians against
unwanted SPAM
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4. When?
July 1st, 2014
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5. Who Needs to Know?
Anyone who makes use of commercial
electronic messages, is involved with the
alteration of transmission data, or produces
or installs computer programs needs to be
aware of this law.
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A commercial electronic message is
any electronic message that
encourages participation in a
commercial activity, regardless of
whether there is an expectation of
profit.

6. Bill C-28 Penalties
The maximum penalty for a violation is
$1,000,000 in the case of an individual, and
$10,000,000 in the case of any other person.*
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In the case of a contravention of
section 6 [unsolicited CEM], $200 for
each contravention of that
provision, not exceeding $1,000,000
for each day on which a
contravention occurred*
*Refer to the act for clarification and details

7. What is SPAM?
• Sending of unsolicited commercial electronic
messages
• Unauthorized alteration of transmission data
• Installation of computer programs without
consent
• False and misleading electronic
representations online (including websites)
• Unauthorized collection of electronic
addresses
• Collection of personal information by
accessing a computer system in
contravention of an Act of Parliament.
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8. All inclusive!!!
• These violations
include, but are not
limited to:
• Spam
• Malware
• Spyware
• address harvesting, and
false and misleading
representations…
• Involving the use of
any means of:
• Telecommunications
• Short Message Services
(SMS)
• social networking,
websites
• URL's and other locators
• Applications
• Blogs
• Voice over Internet
Protocol (VoIP), and
• any other current and
future internet and
wireless telecom threats
prohibited by
Canada's anti-
spam legislation.
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9. Enforcement Bodies
• Canadian Radio-television and
Telecommunications Commission (CRTC)
• Competition Bureau
• Office of the Privacy Commissioner of
Canada
• Private Right of Action (July 1st 2017)
©2014 WSI. All rights reserved.

10. Best Practice
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Consent - You must have expressed or implied consent to
send a message.
Identification - You must clearly and simply identify
yourselves and anyone else on whose behalf the message is
sent.
Unsubscribe Mechanism- In every message you send, you
must provide a way for recipients to unsubscribe from
receiving messages in the future.

11. Questions?
©2014 WSI. All rights reserved.
More details can be found at:
http://fightspam.gc.ca/