Sookman lexpert casl_slides

McCarthy Tétrault LLP / mccarthy.ca
Canadian Anti-Spam Legislation –
Overview and The Anti-Spam Provisions
Lexpert Conference
13394668
Barry B. Sookman
McCarthy Tétrault LLP
bsookman@mccarthy.ca
416-601-7949
April 30, 2014

Scope of CASL
¬ Anti-SPAM
¬ Anti-spyware/malware
¬ Amendments to PIPEDA prohibiting address harvesting
and personal information harvesting
¬ Amendments to the Competition Act prohibiting false or
misleading representations in electronic messages,
sender information in electronic messages, subject matter
information in electronic messages, locators
13394668 2

CASL History
¬ Received royal assent on December 15, 2010.
¬ Original draft regulations were published in the summer of 2011 by
the CRTC and Industry Canada. The Canadian business community
raised serious objections to their strict requirements.
¬ The CRTC enacted revised regulations which were finalized on
March 28, 2012.
¬ CRTC issues 2 sets of Guidelines - October, 2012
¬ Revised draft regulations from Industry Canada on January 5, 2013.
The Canadian business community, non-profit community, colleges,
universities and others all raised serious concerns.
¬ Industry Canada released finalized regulations on December 4,
2013.
¬ CRTC issued FAQ - December 2013
¬ Messaging Provisions coming into force -July 2014. Computer
Programs provisions coming into force -January 2015. Private Right
of Action coming into force - July 2017.
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What you need to consider in developing a
compliance program
¬ CASL
¬ CRTC Regulations
¬ Industry Canada regulations
¬ Regulatory Impact Analysis Statement
¬ CRTC Guidelines on the interpretation of the Electronic Commerce
Protection Regulations (Oct. 10, 2012)
¬ CRTC Guidelines on the use of toggling as a means of obtaining
express consent under Canada’s anti-spam legislation (Oct. 10,
2012)
¬ CRTC FAQ Canada’s Anti-Spam Legislation (December 18, 2013)
13394668 4

The usefulness of the guidance documents
¬ Following the guidance in the RIAS, the various guidelines and
FAQ may be taken into consideration when the CRTC or a court
determines the appropriate remedy for violating CASL.
¬ They may possibly also help in establishing the due diligence
defenses.
¬ Mistake of law has been rejected as a defence to regulatory
offenses.
¬ “Officially induced mistake”?
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Is there a need to be
concerned about CASL?
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Very High Liability
¬ Administrative monetary penalties (AMPS) with caps up $10 million for
an organization. (s.20(4))
¬ Private rights of action by anyone affected by a prohibited act (s.47(1))
with liability that consists of:
¬ compensation for loss, damages and expenses; and
¬ extensive awards that are capped at:
¬ $1 million per day for breach of SPAM, malware, spyware,
message routing, address and personal information harvesting,
and Competition Act provisions;
¬ $1 million for each act of aiding, inducing, or procuring a breach
of the SPAM, malware and spyware, and message routing
provisions, plus liability up to $1 million per day for breach of
SPAM, malware, spyware, and message routing provisions.
¬ Risk of class actions.
¬ Will be in force January 1, 2017. Are prior claims covered?
13394668 7

Extensive Accessorial and
Vicarious Liability
13394668
¬ Liability extends to any person who aids, induces or
procures a prohibited act. (s.9)
¬ Senders of CEMs are liable for acts of their employees within
the scope of their authority. (s.32, s.53)
¬ Liability extends to officers, directors, and agents if they
directed, authorized, assented to, acquiesced, or
participated in the prohibited act. (s.31, s.52)
¬ Risk implications too easy to pierce corporate veil;
requirements for insurance?
¬ Does the risk make sense?
8

Territorial reach
¬ The anti-spam provisions apply to any message where a
computer system located “in Canada is used to send or access
the electronic message”. (s.12(1))
¬ Anti-spam exception IC Regs 3(f) “if the person who sends the
message or causes or permits it to be sent reasonably believes
the message will be accessed in a foreign state that is listed in
the schedule and the message conforms to the law of the foreign
state that addresses conduct that is substantially similar to
conduct prohibited under section 6 of the Act”;
¬ The computer program provisions apply “if the computer system
is located in Canada at the relevant time or if the person either is
in Canada at the relevant time or is acting under the direction of
a person who is in Canada at the time when they give the
directions”. (s.8(2)).
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Anti-SPAM provisions and
regulations
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The Anti-SPAM Prohibition:
Consent, Form and Content
S.6(1) It is prohibited to send or cause or permit to be sent to an electronic
address a commercial electronic message unless:
a) the person to whom the message is sent has consented to receiving it,
whether the consent is express or implied; and
b) the message complies with subsection (2).
(2) The electronic messages must be in a form that conforms to the
prescribed requirements and must:
a) set out prescribed information that identifies the person who sent the
message;
b) set out information enabling the person to whom the message is sent
to readily contact the sender; and
c) set out the prescribed unsubscribe mechanism.
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What Messaging Systems are Covered
¬ “electronic message” means a message sent by any means
of telecommunication, including a text, sound, voice or image
message. (s1(1)) (But, excludes interactive two-way voice
communication between individuals, fax messages to a
telephone account, voice recordings to a telephone account.
(s.6(8))
¬ “electronic address” means an address used in connection
with the transmission of an electronic message to (a) an
electronic mail account; (b) an instant messaging account; (c)
a telephone account; or (d) any similar account. (s.1(1))
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Exemptions for:
¬Closed messaging systems: IC Regs s3(d) “that is sent and
received on an electronic messaging service if the information and
unsubscribe mechanism that are required under subsection 6(2) of
the Act are conspicuously published and readily available on the
user interface through which the message is accessed, and the
person to whom the message is sent consents to receive it either
expressly or by implication”;
¬e-commerce portals: IC Regs s3(e) “that is sent to a limited-access
secure and confidential account to which messages can only be sent
by the person who provides the account to the person who receives
the message”;
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¬ IP addresses and social networks?
¬ RIAS:
¬ “Stakeholders were also concerned that some have
interpreted electronic addresses in CASL to include
Internet Protocol (IP) addresses. Insofar as IP addresses
are not linked to an identifiable person or to an account,
IP addresses are not electronic addresses for the
purposes of CASL. As a result, banner advertising on
websites is not subject to CASL.”
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What is a CEM?
A “commercial electronic message” is an electronic message that,
having regard to the content of the message, the hyperlinks in the
message to content on a website or other database, or the contact
information contained in the message, it would be reasonable to
conclude has as its purpose, or one of its purposes, to encourage
participation in a commercial activity, including an electronic message
that (a) offers to purchase, sell, barter or lease a product, goods, a
service, land or an interest or right in land; (b) offers to provide a
business, investment or gaming opportunity; (c) advertises or
promotes anything referred to in paragraph (a) or (b); or (d) promotes
a person, including the public image of a person, as being a person
who does anything referred to in any of paragraphs (a) to (c), or who
intends to do so. (s.1(2))
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What is a CEM?
Some messages that might not be CEMs may be treated as CEMs to which the
form and unsubscribe provisions apply. For example:
The consent requirement does not apply to a CEM that solely (s.6(6)):
¬provides a quote or estimate... if the quote or estimate was requested;
¬facilitates, completes or confirms a commercial transaction;
¬provides warranty information, product recall information or safety or security
information about a product, goods or a service;
¬provides notification of factual information about (i) the ongoing subscription or
use or ongoing purchase by the person to whom the message is sent of a product,
goods or a service offered under a subscription, membership, account, loan or
similar relationship;
¬provides information directly related to an employment relationship or related
benefit plan;
¬delivers a product, goods or a service, including product updates or upgrades,
that the recipient is entitled to receive under the terms of a transaction...
13394668 16

What is a CEM?
¬ RIAS:
¬ “Under the Act, a message is only a CEM if it would be reasonable to conclude
that it has as its purpose or one of its purposes to encourage participation in a
commercial activity. To the extent that a message is sent in a pre-existing
commercial context but does not fall within the definition of a CEM provided in
subsection 1(2) and subsection 1(3) of CASL, it is not a commercial electronic
message for the purposes of the Act. The mere fact that a message involves
commercial activity, hyperlinks to a person's website, or business related
electronic addressing information does not make it a CEM under the Act if
none of its purposes is to encourage the recipient in additional commercial
activity. If the message involves a pre-existing commercial relationship or
activity and provides additional information, clarification or completes the
transaction involving a commercial activity that is already underway, it would
not be considered a CEM since, rather than promoting commercial activity, it
carries out that activity. Moreover, surveys, polling, newsletters, and messages
soliciting charitable donations, political contributions, or other political activities
that do not encourage participation in a commercial activity would not be
included in the definition.”
13394668 17

What is a CEM?
¬ RIAS:
¬ “However electronic messages may come within the definition of
a CEM if it would be reasonable to conclude that one of the
purposes is to encourage the recipient to engage in additional
commercial activities, based on, for example, the prevalence
and amount of commercial content, hyperlinks or contact
information. To be clear, if the purpose or one of the purposes is
to advertise, promote, market or otherwise offer a product, good,
service, business or gaming opportunity or interest in land,
these messages are clearly CEMs. Most notably, the Act aims
to limit the opportunity to advertise, market, promote, or
otherwise offer products or services under the guise of a non-
commercial electronic message. If it is reasonable to conclude
that the message has one of those purposes, then the message
would be considered to be a CEM and, subject to exclusions,
the requirements of the Act would apply.”
13394668 18

What is a CEM?
¬ CRTC FAQ:
¬ “A key question to ask yourself in order to determine if your
message constitutes a CEM is whether it would be reasonable to
conclude that the purpose or one of the purposes of the
message is to encourage participation in a commercial activity.
Do not forget to examine:
¬ the content of the message,
¬ the hyperlinks in the message to website content or other
database, and
¬ contact information contained in the message.
¬ Whether a message constitutes a CEM and/or a whether a
particular exception or exclusion applies must be determined on
a case-by-case basis in light of the specific circumstances of a
given situation.”
13394668 19

General Exceptions
Consent, Form and Content Exceptions
1. Where sender and recipient have a personal or family relationship
(s.6(5)(a))
2. An inquiry or application related to a person engaged in a commercial
activity. (s.6(5)(b))
3. Messages sent within an organization that concern the activities of that
organization (IC Regs - 3(a)(i)).
4. Messages sent between organizations with a relationship that concern
the activities of the recipient organization (IC Regs - 3(a)(ii)).
5. Messages sent in response to requests, inquiries or complaints (IC
Regs - 3(b))
6. Messages sent in response to a legal or juridical obligation, including to
provide notice of a pending right and to enforce a right (IC Regs - 3(c))
13394668 20

General Exceptions – cont’d
Consent, Form and Content Exceptions
7. Messages sent on an electronic messaging service if (i) the required form, content
and unsubscribe mechanism are available on the service’s user interface, and (ii) the
recipient has consented to receive such messages expressly or by implication. (IC
Regs – 3(d))
8. Messages sent to a limited-access secure and confidential account to which
messages can only be sent by the person who provides the account (IC Regs – 3(e))
9. Messages that (i) a sender reasonably believes will be accessed in a listed foreign
state, and (ii) conform to the laws of such foreign state addressing conduct similar to
CASL. (IC Regs – 3(f))
10. Messages sent by or on behalf of a registered charity as defined in s.248(1) of the
ITA, and have as their primary purpose raising funds. (IC Regs – 3(g))
11. Messages sent by or on behalf of a political party or organization or a person who is a
candidate for publicly elected office that has as its primary purpose soliciting a
contribution. (IC Regs – 3(h))
13394668 21

B2B exception (IC Regs 3(a))
¬ 3. Section 6 of the Act does not apply to a CEM:
¬ (a) that is sent by an employee, representative, consultant or
franchisee of an organization
¬ (i) to another employee, representative, consultant or
franchisee of the organization and the message concerns the
activities of the organization, or
¬ (ii) to an employee, representative, consultant or franchisee of
another organization if the organizations have a relationship
and the message concerns the activities of the organization to
which the message is sent;
¬ Does it apply to messages between affiliates?
13394668 22

Respond to inquiry - exception
(IC Regs s.3(b))
¬ (b) that is sent in response to a request, inquiry, complaint
or is otherwise solicited by the person to whom the
message is sent;
13394668 23

Comply with law - exception
(IC Regs s.3(c))
¬ (c) that is sent to a person
¬ (i) satisfy a legal or juridical obligation,
(ii) to provide notice of an existing or pending right, legal or
juridical obligation, court order, judgment or tariff,
¬ (iii) to enforce a right, legal or juridical obligation, court order,
judgment or tariff, or
¬ (iv) to enforce a right arising under a law of Canada, of a
province or municipality of Canada or of a foreign state.
13394668 24

Referrals – exception IC Reg 4(1)
Paragraph 6(1)(a) of the Act does not apply to the first
commercial electronic message that is sent by a person for
the purpose of contacting the individual to whom the message
is sent following a referral by any individual who has an
existing business relationship, an existing non-business
relationship, a family relationship or a personal relationship
with the individual who sends the message as well as any of
those relationships with the individual to whom the message is
sent and that discloses the full name of the individual or
individuals who made the referral and states that the message
is sent as a result of the referral.
13394668
referrer message sender recipient
25

Implied consents to send CEMs
RIAS – PIPEDA Consents
“Some stakeholders have argued that express consents obtained
under the Personal Information Protection and Electronic
Documents Act (PIPEDA) should be valid as consent under CASL.
In some cases, where there is neither an exclusion nor any form of
consent under CASL, some businesses that may have been
compliant with PIPEDA when seeking consent to collect or to use
electronic addresses to send commercial electronic messages may
no longer be able to contact those addresses under CASL. Express
consents, obtained before CASL comes into force, to collect or to
use electronic addresses to send commercial electronic messages
will be recognized as being compliant with CASL.”
13394668 26

Implied consents to send CEMs
CRTC FAQ:
¬“If you obtained valid express consent prior to CASL coming into
force, you will be able to continue to rely on that express consent
after CASL comes into force, even if your request did not contain
the requisite identification and contact information. However, all
CEMs sent after CASL comes into force must contain the requisite
information, meet all form requirements and contain an
unsubscribe mechanism. If requesting express consent after CASL
comes into force you must meet all form requirements including
setting out the identification information. Please keep in mind that
the legislation requires you to prove that you have obtained such
express consent.”
13394668 27

Consent: Express or Implied
Implied (expires after an initial period – often 2 years):
Based on a closed list of categories:
i. where there is an ‘existing business relationship’ or an ‘existing
non-business relationship.’
ii. where the recipient has “conspicuously published” the electronic
address without a statement that the person does not wish to
receive unsolicited CEMs AND the message is relevant to the
person’s business, role, functions or duties in a business or
official capacity;
iii. where the recipient has disclosed, to the person who sends the
message, the electronic address without indicating a wish not to
receive unsolicited CEMs, AND the message is relevant to the
person’s business, role, functions or duties in a business or
official capacity;
13394668 28

Getting express consents to send CEMs
Express consents
¬ Once CASL comes into force, a person seeking express consent must,
when requesting consent, set out clearly and simply the following
information: (a) the purpose or purposes for which the consent is being
sought; (b) prescribed information that identifies the person seeking consent
and, if the person is seeking consent on behalf of another person,
prescribed information that identifies that other person; and (c) any other
prescribed information. (s.10(1)). See also (s.6(2)).
¬ Despite paragraph 10(1)(b), for the purposes of section 6, if a person is
seeking express consent on behalf of a person whose identity is not known,
(a) the only information that is required to be provided under that paragraph
is prescribed information that identifies the person seeking consent; and (b)
the person seeking consent must comply with the regulations in respect of
the use that may be made of the consent and the conditions on which the
consent may be used. (s. 10(2))
13394668 29

Getting express consents to send CEMS
CRTC Reg s.4. For the purposes of subsections 10(1) and (3) of the Act, a request for
consent may be obtained orally or in writing and must be sought separately for each act
described in sections 6 to 8 of the Act and must include
(a) the name by which the person seeking consent carries on business, if different from
their name, if not, the name of the person seeking consent;
(b) if the consent is sought on behalf of another person, the name by which the person
on whose behalf consent is sought carries on business, if different from their name,
if not, the name of the person on whose behalf consent is sought;
(c) if consent is sought on behalf of another person, a statement indicating which
person is seeking consent and which person on whose behalf consent is sought;
and
(d) the mailing address, and either a telephone number providing access to an agent or
a voice messaging system, an email address or a web address of the person
seeking consent or, if different, the person on whose behalf consent is sought; and
(e) a statement indicating that the person whose consent is sought can withdraw their
consent.
Problems: single request does not cover all activities; requires disclosure of information about
each affiliate.
13394668 30

Meaning of “sought separately”
CRTC Guidelines:
a.What does “sought separately” mean?
14. The Commission considers that in order to meet the requirement of
seeking consent separately, the person seeking consent must identify and
obtain specific and separate consent for each act contemplated by the
sections of the Act described in paragraph 13 above. Accordingly, consent for
each act above must be sought separately from any other act captured by
sections 6 to 8 of the Act. The Commission also considers that the activities
captured by each of the above acts are distinct, as are the consequences.
15. For example, the Commission considers that persons must be able to
grant their consent for the installation of a computer program while refusing to
grant their consent for receiving CEMs. However, the Commission does not
consider it necessary for consent to be sought separately for each instance of
the acts listed in paragraph 13 above, as long as the consent request is in
accordance with subsections 10(1), 10(2), 10(3), and 10(4) of the Act, where
applicable.
13394668 31

Requests for consent
CRTC Guidelines
¬ 6. The Commission considers that requests for consent
contemplated above must not be subsumed in, or
bundled with, requests for consent to the general terms
and conditions of use or sale. The underlying objective is
that the specific requests for consent in question must be
clearly identified to the persons from whom the consent is
being sought. For example, persons must be able to
grant their consent to the terms and conditions of use or
sale while, for instance, refusing to grant their consent for
receiving CEMs.
13394668 32

What is express consent?
CRTC Guidelines
¬The CRTC provided examples of requests for consent it regards as
compliant as follows:
¬ 18. The Commission regards the following means as
compliant:
¬ a separate tick-box for each of sections 6 to 8 of the Act,
which must be proactively checked by the person whose
consent is being sought in order to indicate consent (see
Compliance and Enforcement Information Bulletin 2012-549);
¬ a separate icon for each of sections 6 to 8 of the Act, which
must be proactively clicked by the person from whom consent
is being sought; or
¬ any combination of the above.
13394668 33

McCarthy Tétrault LLP / mccarthy.ca 13394668 34

What is express consent?
CRTC FAQ:
¬“Mechanisms such as an unchecked opt-out box, or a pre-
checked opt-in box, cannot be used to obtain express consent.
Express consent must be obtained through an opt-in mechanism;
that is, the end-user must make a positive action to indicate that
he or she provides consent. Therefore, a default toggling state that
assumes consent on the part of the end-user cannot be used as a
means of obtaining express consent under CASL. Further, silence
or inaction on the part of the end-user cannot be construed as
providing express consent. For more information please see
Compliance and Enforcement Information Bulletin CRTC 2012-
549.”
13394668 35

Conditions for use of consents
(IC Regs s.5)
¬ 5. (1) For the purposes of paragraph 10(2)(b) of the Act, a person
who obtained express consent on behalf of a person whose identity
was unknown may authorize any person to use the consent on the
condition that the person who obtained it ensures that, in any
commercial electronic message sent to the person from whom
consent was obtained,
¬ (a) the person who obtained consent is identified; and
¬ (b) the authorized person provides an unsubscribe mechanism
that, in addition to meeting the requirements set out in section 11
of the Act, allows the person from whom consent was obtained
to withdraw their consent from the person who obtained consent
or any other person who is authorized to use the consent.
13394668 38

Conditions for use of consents
(IC Regs s.5)
¬ (2) The person who obtained consent must ensure that, on receipt of an
indication of withdrawal of consent by the authorized person who sent the
commercial electronic message, that authorized person notifies the person
who obtained consent that consent has been withdrawn from, as the case
may be,
¬ (a) the person who obtained consent;
(b) the authorized person who sent the commercial electronic message;
or
(c) any other person who is authorized to use the consent.
¬ (3) The person who obtained consent must without delay inform a person
referred to in paragraph (2)(c) of the withdrawal of consent on receipt of a
notification of withdrawal of consent from that person.
¬ (4) The person who obtained consent must give effect to a withdrawal of
consent in accordance with subsection 11(3) of the Act, and, if applicable,
ensure that a person referred to in paragraph (2)(c) does the same.
13394668 39

Consents for affiliates
¬ RIAS:
¬ “Stakeholders also expressed concern that it would be difficult to satisfy
identification and unsubscribe requirements proposed by the CRTC to
identify all their business affiliates in a single CEM. To address this, only
persons who play a material role in the content of the message or the
list to whom the message is sent are required to be identified as
"senders" or "affiliates" under section 6 of CASL. However, when a CEM
is sent on behalf of multiple persons, such as affiliates, all of these
persons must be identified in a CEM. Where it is not practicable to
include this information in the body of a CEM, a hyperlink to a page on
the World Wide Web containing this information that is readily
accessible at no cost to the recipient may be included in the CEM.”
¬ Each affiliate that uses the same brand has to get separate consents or has
to disclose information about each affiliate in a request for consent.
¬ CEMs sent by or on behalf of affiliates have similar disclosure issues with
respect to formality and unsubscribe requirements.
13394668 4040

Unsubscribe requirements
¬ The electronic messages must: (c) set out the prescribed unsubscribe
mechanism. (s.6(2) & (3)).
¬ The unsubscribe mechanism must (a) enable the recipient to indicate,
at no cost to them, the wish to no longer receive any commercial
electronic messages, or any specified class of such messages,
from the sender, using (i) the same electronic means by which the
message was sent, or (ii) if using those means is not practicable, any
other electronic means that will enable the person to indicate the wish;
and (b) specify an electronic address, or link to a page on the World
Wide Web that can be accessed through a web browser, to which the
indication may be sent (the address or Web page must be valid for 60
days). (s.11(1) & (2))
13394668 41

Methods of displaying information and
unsubscribe mechanism in CEMs
¬ CRTC Reg s.3(1) The information referred to in section 2 and the unsubscribe
mechanism referred to in paragraph 6(2)(c) of the Act must be set out clearly and
prominently.
¬ CRTC Reg s.2(2) :If it is not practicable to include the information referred to in
subsection (1) and the unsubscribe mechanism referred to in paragraph 6(2)(c) of
the Act in a commercial electronic message, that information may be provided by
a link to a web page on the World Wide Web that is readily accessible by the
person to whom the message is sent at no cost to them by means of a link that is
clearly and prominently set out in the message.
¬ CRTC FAQ:
¬ “If it is not practicable for you to include identification, contact, and unsubscribe
information directly in your message, as with text messages, the information may
be posted on a web page on the World Wide Web that is readily accessible and
at no cost to the recipient. The link to the web page must be clearly and
prominently set out in the message.”
13394668 42

Unsubscribe requirements
¬ CRTC Reg s.3(2) The unsubscribe mechanism referred to in paragraph 6(2)(c) of
the Act must be able to be readily performed.
¬ CRTC Guideline:
¬ 11. In Telecom Regulatory Policy 2012-183, the Commission stated, among
other things, that in prescribing an unsubscribe mechanism that is less
prescriptive and more technology neutral than what was originally proposed,
the mechanism must be consumer-friendly. Accordingly, the Commission
considers that in order for an unsubscribe mechanism to be “readily
performed,” it must be accessed without difficulty or delay, and should be
simple, quick, and easy for the consumer to use.
¬ 12. The Commission considers that an example of an unsubscribe mechanism
that can be readily performed is a link in an email that takes the user to a web
page where he or she can unsubscribe from receiving all or some types of
CEMs from the sender. In the case of a short message service (SMS), the
user should have the choice between replying to the SMS message with the
word “STOP” or “Unsubscribe” and clicking on a link that will take the user to a
web page where he or she can unsubscribe from receiving all or some types of
CEMs from the sender.
13394668 43

VANCOUVER
Suite 1300, 777 Dunsmuir Street
P.O. Box 10424, Pacific Centre
Vancouver BC V7Y 1K2
Tel: 604-643-7100
Fax: 604-643-7900
Toll-Free: 1-877-244-7711
CALGARY
Suite 3300, 421 7th Avenue SW
Calgary AB T2P 4K9
Tel: 403-260-3500
Fax: 403-260-3501
Toll-Free: 1-877-244-7711
TORONTO
Box 48, Suite 5300
Toronto Dominion Tower
Toronto ON M5K 1E6
Tel: 416-362-1812
Fax: 416-868-0673
Toll-Free: 1-877-244-7711
MONTRÉAL
Suite 2500
1000 De La Gauchetière Street West
Montréal QC H3B 0A2
Tel: 514-397-4100
Fax: 514-875-6246
Toll-Free: 1-877-244-7711
QUÉBEC
Le Complexe St-Amable
1150, rue de Claire-Fontaine, 7e étage
Québec QC G1R 5G4
Tel: 418-521-3000
Fax: 418-521-3099
Toll-Free: 1-877-244-7711
UNITED KINGDOM & EUROPE
125 Old Broad Street, 26th Floor
London EC2N 1AR
UNITED KINGDOM
Tel: +44 (0)20 7786 5700
Fax: +44 (0)20 7786 5702
13394668

Transitional provisions
Commercial electronic messages:
¬ A person’s consent to receiving commercial electronic messages
from another person is implied until the person gives notification
that they no longer consent to receiving such messages from that
other person or until 3 years after the day on which section 6
comes into force, whichever is earlier, if, when that section comes
into force,
¬ (a) those persons have an existing business relationship or an
existing non-business relationship, as defined in subsection
10(10) or (13), respectively, without regard to the period
mentioned in that subsection; and
¬ (b) the relationship includes the communication between them
of commercial electronic messages. (s. 66)
NOTE: Which consents will be grandfathered?
13394668 45

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