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January 6, 2014

On December 4, 2013, the Federal Government announced that Canada’s new anti-spam legislation (CASL) would finally largely come into force on July 1, 2014 (with several transition periods for the unauthorized installation of computer program and private action provisions).  The following is my updated summary of the impending CASL, including summaries of the consent, form and unsubscribe requirements (and legislative links and key resources).

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CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS

Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?

We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL.  These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists.  We also offer a CASL corporate compliance program.  For more information or to order, see: Anti-Spam (CASL) Precedents/Forms.  If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: contact.

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December 4, 2013

In a long anticipated announcement, or dreaded, depending on your perspective, the Federal Government announced earlier today that the coming into force date for most of Canada’s Federal anti-spam legislation (“CASL”) would be July 1, 2014.

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October 3, 2013

Earlier today the Competition Bureau published for public consultation a new draft Inquiries Bulletin.  Canada’s new Commissioner of Competition, John Pecman, also outlined some of the Bureau’s priorities and made new announcements in remarks delivered at the annual CBA Fall Competition Law Conference in Ottawa.

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June 6, 2013

Earlier today, the Competition Bureau announced that criminal charges have been laid against three companies (Nestlé Canada Inc., Mars Canada Inc. and ITWAL Limited, a national network of independent wholesale distributors) and three individuals (two former Nestlé presidents and the President and CEO of ITWAL), who are being accused of participating in a chocolate price-fixing cartel (a case that has been running now for some six years).

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June 4, 2013

The Canadian Minister of Industry Christian Paradis announced a new competition policy for Canada’s wireless industry earlier today that included the proposed Telus acquisition of Mobilicity, the allocation of spectrum from new entrants to incumbents more generally, the upcoming 700 MHz spectrum auction and other details relating to the Government’s intentions to foster more wireless competition in Canada.

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June 3, 2013

Well, after months of consultation and debate, and a seemingly ever rising swell of commentary and consumer gnashing of teeth about the poor quality of Canadian wireless services (and anticipated demise of Canada’s new wireless entrants), the CRTC today announced at long last its wireless code of conduct.

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CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS

Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?

We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL.  These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists.  We also offer a CASL corporate compliance program.  For more information or to order, see: Anti-Spam (CASL) Precedents/Forms.  If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: contact.

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March 7, 2013

Earlier today, the Federal Government posted comments that it has received to the proposed Industry Canada regulations under Canada’s pending federal anti-spam legislation (CASL).  Revised Industry Canada regulations were posted in earlier January for public comments, based on significant industry push back to CASL and, in particular in relation to the proposed Industry Canada Regulations, narrow and arguably commercially unworkable exceptions to the legislation.  More than 100 comments have been posted, from a variety of companies, associations, individuals and other organizations.

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    buy-contest-form Templates/precedents and checklists to run promotional contests in Canada

    buy-contest-form Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)

    WELCOME TO CANADIAN COMPETITION LAW! - OUR COMPETITION BLOG

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    We offer business, association, government and other clients in Toronto, Canada and internationally efficient and strategic advice in relation to Canadian competition, advertising, regulatory and new media laws. We also offer compliance, education and policy services.

    Our experience includes more than 20 years advising companies, trade and professional associations, governments and other clients in relation to competition, advertising and marketing, promotional contest, cartel, abuse of dominance, competition compliance, refusal to deal and pricing and distribution law matters.

    Our representative work includes filing and defending against Competition Bureau complaints, legal opinions and advice, competition, CASL and advertising compliance programs and strategy in competition and regulatory law matters.

    We have also written and helped develop many competition and advertising law related industry resources including compliance programs, acting as subject matter experts for online and in-person industry compliance courses and Steve Szentesi as Lawyer Editor for Practical Law Canada Competition.

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