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Canada's New Anti-Spam Legislation
Your Resource for Commercial Electronic Message Compliance

Canada’s anti-spam legislation, Bill C-28, which received Royal Assent on December 15, 2010, will have a significant impact on the electronic communication practices of companies operating in the Canadian marketplace. Designed as one of the most stringent anti-spam regimes in the world, the legislation imposes significant restrictions on the use of electronic messages to carry out commercial activities, creating a more secure online environment.  Bill C-28 also amends a number of existing statutes, namely the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act

To help our clients stay up-to-date and understand the requirements of this new law, we have created this dedicated microsite containing a variety of resources to help businesses adjust their practices to achieve and maintain compliance. Over the coming weeks and months, we will be posting resources and essential updates leading up to the law coming into force. Please check back regularly for updates.

Implementation Timetable

Publication of Final Regulations (CRTC)        Late Spring 2012

Publication of Revised Draft Regulations (Industry Canada)

Summer/Fall 2012 
Completion of Public Comment Period on Revised Draft Regulations (Industry Canada) Summer/Fall 2012
Publication of Final Regulations (Industry Canada)    Late fall 2012
Proclamation in force Late fall 2012/Winter 2013

* In light of concerns raised in submissions filed with Industry Canada and the CRTC during the first public comment period, it is anticipated that revised draft regulations and a second round of public consultations may be contemplated by Industry Canada. While the exact timetable and content of the regulations remains unclear, it is anticipated that the timeframe for implementation may be delayed.

Resources

Blakes Anti-Spam Publications

Blakes Bulletin on Canadian Anti-Spam Legislation (July 2011) - Canada’s Anti-Spam Act: The Time for Action Is Now!
   
Blakes Bulletin on Canadian Anti-Spam Legislation (May 2011) - Canada’s Anti-Spam Legislation Ramping Up
   


Blakes Bulletin on Canadian Anti-Spam Legislation (April 2011) - Canadian Anti-Spam Legislation Will Impact Electronic
Communication Practices



Blakes Educational Seminars

Once the regulations have been finalized, Blakes is also planning to conduct seminars across the country where you can meet face-to-face with experts on the various topics covered by the legislation and discuss how your organization can prepare for the extensive changes to the manner in which electronic messages can be communicated in the future.


Additional Resources

Canada's Anti-Spam Legislation - www.fightspam.gc.ca

2012 Trends: Anti-Spam & Privacy
   
Blakes Bulletin on Intellectual Property (January 2011) - Social Media: An Advertising Minefield?
   


Blakes Bulletin on Communications/Information Technology (May 2009) - Spammers Beware: Proposed E-Commerce Protection Act Prohibits Unsolicited Commercial Electronic Messages


Blakes Bulletin on Communications (April 2009) - CRTC Expands Exemptions to Do Not Call List

If you would like to be included on our mailing list to receive upcoming Blakes publications and invitations, please click here.


Blakes Anti-Spam Expertise

Blakes has unmatched depth and expertise in advertising practices, information technology, communications, financial services, competition and privacy law across Canada. For more information, please contact: 

Montréal Sunny Handa 514-982-4008 email Information Technology, Communications, Life Sciences, Business
  Marie-Hélène Constantin 514-982-4031 email Information Technology, Marketing & Advertising, Privacy
  Tricia Kuhl 514-982-5020 email Information Technology, Life Sciences, Business
         
Ottawa David Kidd 613-788-2203 email Communications
  Gary Jessop 613-788-2224 email Communications
  David Peaker 613-788-2237 email Communications
         
Toronto Elizabeth McNaughton 416-863-2556 email Marketing & Advertising, Privacy
  Richard Corley 416-863-2183 email Information Technology, Outsourcing, Competition
  Christine Ing 416-863-2667 email Information Technology, Outsourcing
  Robert Kwinter 416-863-3283 email Competition
  Gail Lilley 416-863-2647 email Business
  Alice Tseng 416-863-3067 email Marketing & Advertising, Privacy
  Laura Weinrib 416-863-2765 email Marketing & Advertising, Privacy
  Victoria Allsopp 416-863-3337 email Financial Services
  Mark Graham 416-863-3056 email Competition
  Dara Lambie 416-863-2541 email Marketing & Advertising, Privacy
  Mark McCans 416-863-2710 email Information Technology
  Wendy Mee 416-863-3161 email
  Dean Murray 416-863-4018 email Business
         
Calgary Monica Sharma 403-260-9782 email Business, Information Technology
         
Vancouver Francis Chang 604-631-3332 email Business, Information Technology
  Dana Siddle 604-631-3331 email Business, Information Technology
         


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