Earlier this month, on March 5, 2012, the CRTC finalized its Regulations under Canada’s pending federal anti-spam legislation (the “Anti-spam Act”).

The last steps before Canada’s Anti-spam Act comes into force are now the finalization of the draft Industry Canada Regulations under the legislation and proclamation into force.

Once in force, the Anti-spam Act will create an opt-in regime for the sending of “commercial electronic messages” or “CEMs” and one of the strictest anti-spam regimes in the world, with maximum penalties of $1 million (for individuals) and $10 million (for corporations).

Some of the changes that were made to the previously draft CRTC Regulations include broadening the way consent to send CEMs may be obtained (orally or writing now, as opposed to only in writing in the draft Regulations) and somewhat broadening the ways in which a recipient may unsubscribe (now an unsubscribe mechanism must be able to be “readily performed” as compared to draft Regulations which specified the number of clicks required to unsubscribe).

For more information about the Anti-spam Act and steps to take before it comes into force see:

Anti-spam Act


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