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Canada's Anti-Spam Law - exemptions

In the first two installments of this series of blogs on Canada's Anti-Spam Law ("CASL"), I provided an overview of the law and discussed the activities that will be prohibited. In this installment, I discuss the numerous exceptions from CASL.

Personal or family relationships

CASL does not apply to commercial electronic messages ("CEM"s) that are sent by a person to another individual with whom they have a personal or family relationship, as defined in the Regulations.

Person engaged in a commercial activity

CASL does not apply to CEMs that are sent by a person to an individual who is "engaged in a commercial activity" and consists solely of an inquiry or application related to that activity.

This exemption would seem to limit CASL's application solely to individuals in their personal capacity. This exemption seems to indicate that business-to-business CEMs are permissible. However, this scope of this exemption has yet to be tested in court.

Canada's Anti-Spam Law - the scope of prohibited activities

In this second installment of my series of blogs on Canada's Anti-Spam Law ("CASL"), I explore the scope of activities prohibited by CASL. In future installments, I will explore exemptions to these prohibitions, as well as the requirement for consent.

CASL prohibits four main activities:

(i) Sending unsolicited commercial electronic messages;

(ii) Altering transmission data of an electronic message;

(iii) Installing unsolicited computer programs;

(iv) Collecting or using electronic addresses using a computer program without the knowledge and consent of the owner

Sending unsolicited commercial electronic messages

CASL's hallmark feature is that it prohibits a person[1] from sending "commercial electronic messages" without:

(i) the consent of the recipient;

(ii) identifying the sender; and,

(iii) providing an unsubscribe mechanism.[2]

Have you executed Powers of Attorney?

On April 1, 2014, the Ontario Bar Association (the "OBA") launched "Make a Power of Attorney" month, during which it is highlighting the importance of having properly drafted Powers of Attorney for Property and for Personal Care. What better time to revisit and provide an update on a case I previously blogged about - the case of the late stage Altzeimer's disease patient out in British Columbia, Margaret Bentley - than a month dedicated to highlighting the importance of taking the time to consider how you would like personal care decisions to be made in the event you become incapable of making them yourself.

Reinstatement of Dismissed Employees: Is Hamilton-Wentworth District School Board ats "Fair"?

For some employers, the sole focus when terminating employees is mistakenly upon paying adequate termination pay, severance pay or their equivalents under statute. Other Employers may feel smug knowing that they should also be concerned about having to provide a terminated employee with pay-in-lieu-of-notice at common law, which is typically much higher than the amounts for which the employer is liable to pay under statute.

Canada's Anti-Spam Law - An Overview

Canada has enacted a tough new anti-spam law. In a series of blogs, we will explore the scope of activities permitted and prohibited by this law, and discuss the wide-reaching implications of this legislation on electronic business activities.

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, S.C. 2010, c. 23 - also known as Canada's Anti-Spam Law ("CASL") - received royal assent on December 15, 2010, and will come into force on July 1, 2014.

Striking Pleadings - An Exceptional Remedy

The Family Law Rules allow a party who has not been provided with adequate disclosure to move that the non-disclosing party's pleadings be struck. This mechanism ensures that both parties put their entire evidentiary record forward, and do not hold back any relevant disclosure.

Generations of Experience: Lessons in Business Law - Vol 2: To Incorporate or not to incorporate

The question of whether or not to incorporate is one faced by both new and already established businesses. Despite being a commonly asked question, it is not one with a simple answer. It is the question of whether or not to incorporate that was the subject of one of my discussions with Paul Westlake and that is the subject of this installment of my blog series.

Joint Tenants or Tenants in Common: Structuring Ownership When a Family Member Goes On Title for Financing

In a previous blog, I wrote about going on title to a property for the purpose of assisting an adult child or family member qualify for mortgage financing. To add to the discussion, there are two ways in which multiple owners of a property can hold title - as joint tenants or as tenants in common. As between joint tenants, each owner will hold an undivided and equal ownership interest in the property, as well as a right of survivorship. That means that if three people own a property as joint tenants, and one dies, the remaining owners then become entitled to be noted as the only owners of the property by right of survivorship. Where the owners hold title as tenants in common, each person's percentage ownership must be indicated, and if one owner dies, that deceased owner's interests are dealt with through his or her estate. There is no right of survivorship held by the other owners.

"Unlawful Means" actionable by Third Parties - Tort of Interference with Economic Relations by Unlawful Means Clarified

The debate over what constitutes "unlawful means", as an element of the tort of interference with economic relations by unlawful means, has finally been resolved.

Regional differences in the right of a foreign-divorced spouse to claim support

R.N.S. v. K.S., 2013 BCCA 406, we get an interesting glimpse into the regional differences that exist with regard to family law legislation in Canada. The R.N.S. case concerns the recognition of a foreign divorce order in British Columbia and a spouse's right to claim spousal support in British Columbia given the foreign divorce.

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