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Canada’s Anti-Spam Legislation

You may have noticed that the list-servs and email distribution lists to which you belong have been sending you electronic messages requesting that you confirm your consent in order to continue providing you with e-communications. This is in response to Canada’s Anti-Spam Legislation (“CASL”) coming into force on July 1.

CASL applies to all commercial electronic messages, such as email, text (SMS), social media, instant messaging (IM) and voice mail, and includes messages that are a result of an action taken by the recipient, such as a confirmation or welcome email. In order to receive these e-communications, the recipients must confirm their consent before they receive email marketing messages. The messages must clearly identify the sender and contain an unsubscribe option.

Failure to comply with the legislation may result in fines of up to $10,000,000 for corporations, $1,000,000 for individuals, imprisonment, and liability of the business owner should the employees fail to comply.

For more information, visit the Government of Canada’s website at: www.fightspam.gc.ca

If you have any questions on these, or any other risk- or practice-related matters, do not hesitate to contact Stacey Gerrard, LIANS Counsel with the Risk and Practice Management Program at sgerrard@lians.ca or call 902 423 1300 ext. 345.