For Members and Firms;
There have been a several important developments to Canada’s Anti-Spam Legislation (CASL).
As a reminder, CASL is intended to protect Canadians from unsolicited “commercial electronic messages” or “CEMs”: messages whose purpose is to encourage participation in a commercial activity.
A high-level overview of these recent changes follows. Please inform yourself on these updates and avail yourself of the links provided below. Make sure you have the information needed to meet CASL requirements, including how to capture and document express consent. Overview highlights include:
- The three-year transition period of implied consent under Canada’s Anti-Spam Legislation (CASL) ended on July 1, 2017. This means that any consent implied on the basis of a pre-July 1, 2014 relationship has expired.
- The private right of action for individuals and businesses was also set to come into force on July 1, allowing monetary penalties of up to $10 million for businesses. On June 7, the Government of Canada suspended the lawsuit provision indefinitely.
It is important to note that although the lawsuit provision has been delayed, this does not affect the implied consent transition period expiration. Businesses are still at risk of fines from the CRTC for violations.
Organizations that communicate CEMs electronically with their contacts should thoroughly review and redouble efforts to obtain express consent – the golden standard for CASL. To find information and strategies on how to ensure you are CASL compliant, please visit the Government of Canada’s website.
For the AIBC:
The institute’s primary email communication exchange is with architects and other registrants and the subject matter is principally regulatory in nature. Such communication does not require consent from the receiving party. However, to the extent that the AIBC may be sending commercial messages, it will strive to comply with the legislation.
- Government of Canada: Canada’s Anti-Spam Legislation and Regulations
- Government of Canada: CASL Fast Facts
- Government of Canada: CASL FAQs
- Canadian Radio-television and Telecommunications Commission: Difference between express consent and implied consent under CASL