“Canada's new Anti-Spam Law comes into force on July 1, 2014 and will cover all electronic messages including: email, social networking accounts and text messages - plus much more. What does it mean for you as a business owner when communicating with current and potential clients? What are the guidelines and penalties? What do you need to know and how should you prepare?” Debbie Lapointe is a small business owner who began educating herself on the Canadian Government’s new Anti-Spam law a year ago, when the spam received in her inbox became a daily source of frustration. She is not associated with the new Anti-Spam program, but happily shares what she’s learned with other business owners, who will be impacted by the changes.

1. Canadian Anti-Spam Legislation

2. Making your pictures and
words come to life!
No affiliation to CASL or Government
Debbie Lapointe

3. Making your pictures and
words come to life!
No affiliation to CASL or Government

4. Making your pictures and
words come to life!
No affiliation to CASL or Government
Debbie Lapointe

5. a tough new law meant to crack down on unwanted e-
mail and electronic messages including texts and
tweets (Bill C-28)
Businesses selling or promoting products or
services will need to prove they have consent to
reach out to new, existing and potential
customers using Commercial Electronic
Messages (CEMs)
Experts describe CASL as the broadest legislation of
its kind in the world.
Canada is the last of the G20 countries to put forward this type of legislation,
which is part of international agreements

6. Anyone who makes use of commercial
electronic messages (CEMs), is
involved with the alteration of
transmission data, or produces or
installs computer programs needs to
be aware of this law.

7. Do you carry out these activities in or from
Canada?
Do you use email, SMS (text msgs), social media or
instant messaging to send commercial or
promotional information about your organization to
reach customers, prospects and other important
audiences?
Do you install software programs on people’s
computers or mobile devices?

8. The law is not limited to just Canadians; it takes
effect any time a Canadian computer is used to
access any commercial electronic message.
So, if someone in the U.S. or overseas sends CEMs
to Canadians, all these rules apply.
According to CRTC:
“If the spammer is offshore, we have the ability under
the law to cooperate with foreign governments, to
share information and to bring proceedings together
against individuals that are offshore.”

9. non-commercial activity
voice, faxes or auto-
recorded voice calls
(robocalls)
broadcast messaging
including tweets and posts

10. Definition of
“electronic
address”
An email account
A telephone account (cell)
An instant messaging account
Any similar account

11. 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.

12.  Did the recipient say “yes” to receiving your
CEM?
 An individual must take action to “opt‐in” for a
stated purpose
 Need to document to show compliance and
demonstrate how consent was obtained

13.  Can you show that you have an existing
business or non‐business relationship?
o ends 2 years after the business deal ended.
o The business also has to be able to prove the
deal and track the timing
 Did the recipient disclose their address to you?
 Is the address published? Is there a statement
saying they don’t wish to be contacted?

14. You need to track how you
obtained consent of each
individual to whom you send
CEMs.
Note: A message sent seeking
consent to send CEMs is also
considered a CEM

15. Getting consent can be written or oral.
If companies want to do it electronically, through e-
mail for example, they need to reach out to clients
and customers by July 1 and have them opt-in.
That may include having the customer check a box
that says they’re willing to receive electronic
communications.
After July 1, this process will be an offence.
Those who don’t have consent by July 1 will need to
get it through other means, such as a telephone call
or old-fashioned snail mail.

16. • You CAN refer a prospective client to
another person if you have an existing
relationship with the prospective client
• If you receive a referral, you’re allowed to
send one CEM to the prospective client
• CEM must include the full name of the
individual who made the referral

17.  Quotes or estimates
 Messages that facilitate or confirm transactions
 Provides warranty, recall, safety or security
information
 Provides information about
• ongoing use or ongoing purchases
• ongoing subscription, membership,
accounts, loans or similar
 employment relationships or benefit plans
 Delivers a product good or service, including
updates and upgrades

18. 1. Within or between business, where there’s an
ongoing relationship
2. In response to a request
3. Via closed messaging systems
a) Proprietary system
b) Messaging systems where ID and unsubscribe
included on platform
4. By registered charities raising funds
5. By political candidates or organizations, soliciting
political contributions.

19. CASL does not apply to messages if:
 You have a Personal Relationship with the
recipient.
• individuals have a personal relationship (taking
into consideration any relevant factors);
• and you’ve had direct, voluntary, two-way
communication.
 You have a Family Relationship with the
recipient
• marriage, common-law partnership or any legal
parent-child relationship; and
• you’ve had direct, voluntary, two-way

20.  Covers all electronic messages (email,
texts, etc) + installation of programs
 MUST have consent to send ALL messages
 Covers email only
 Can send 1 unsolicited email with an option to
opt-out
CAN-SPAM = Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003

21. Most of the Act comes into force July 1, 2014
• You will need consent from any new client and each CEM
must include ID and an unsubscribe mechanism
Transitional Provisions
• Implied consent to continue sending CEMs to existing
contacts for 3 years

23. Customers, clients, associates, donors, supporters,
volunteers or members from the past two years.
 Did they say ‘yes, please contact me’?
 Did they publish contact info online or did they give you a
business card? (Look closely for any ‘don’t contact’
instructions).
 This means no automated address generation or
collecting!

24. Ensure that no part of the message is false or
misleading.
Is it sent to an electronic address?
- e.g., email, SMS, instant messaging or similar
platforms.
Is it commercial or promotional?
- including marketing, sales, offers, solicitations
or similar activities.

25. Need to identify:
 your name and business
 the name of anyone else on whose behalf you are
sending the message,
 a current mailing address.
Include details on how to unsubscribe:
 - In each message
 - Action every unsubscribe request within 10 days
or less and at no cost to the recipient.
Also include :
 a phone number, email address, or web address.
Ensure they’re accurate & valid for a min. of 60 days after
sending.

26. If you use social media to merely post
or tweet an item, that’s ok.
If you use your LinkedIn, Facebook or
Twitter account to send an e-mail to
another person, which is commercial
in nature, then it’s considered a CEM
under CASL

27. $1-million for an individual
up to $10-million for companies
and it could award a separate
monetary penalty for each
violation.
The court can award damages
for loss or harm

28. The law will be enforced by three government agencies:
• Canadian Radio-Television &Telecommunications Commission
(CRTC)
• the office of the privacy commissioner
• the Competition Bureau

29. As of JULY 1st 2014
you’ll be able to report
spam
and other violations at
Fightspam.gc.ca

30. As of July 1, 2017, there will also be a
private right of action, which means
people can start taking legal action
against anyone not following the rules.
The big concern for businesses is the
threat of class-action lawsuits.

31. Canada’s Law on Spam and Other Electronic Threats
- Government of Canada
www.Fightspam.gc.ca
New anti-spam law ‘a big deal’ for small businesses
- Globe and Mail article
http://www.theglobeandmail.com/report-on-business/small-
business/sb-digital/biz-categories-technology/businesses-rush-to-
comply-with-tough-new-anti-spam-law/article17609044/
Canada's Anti-Spam Legislation Survival Guide (free
download)
A detailed guide that helps you understand Canada's new Anti-Spam
Legislation including a step-by-step action plan to make sure your
organization is ready.
- Elite Email
www.eliteemail.com/learning-center/casl/