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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 8, 2017

On July 1, 2014, Canada’s new federal anti-spam legislation (CASL) largely came into force. Since it was introduced, both the CRTC (the primary enforcement body) and the Competition Bureau have been enforcing the legislation, with penalties to date ranging from $48,000 to $1.1 million. Beginning on July 1, 2017, however, the risks of violating CASL, as well as related sections of PIPEDA (the Personal Information Protection and Electronic Documents Act) and the Competition Act, will be significantly greater. This is because private individuals and organizations affected by a violation of CASL will have a right to commence private actions when sections 47 to 51 and 55 come into force.

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March 7, 2017

Misleading advertising remains a top Competition Bureau (Bureau) enforcement priority. One of the more specific focuses for the Bureau is (and has been over the past several years) fake online endorsements, which is often referred to as “astroturfing”.

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March 6, 2017

I receive quite a few inquiries about how the Competition Bureau (Bureau) works, what kinds of claims can be made under the Competition Act and how to report potential competition law violations to the Bureau (and what remedies are available). One topic I find I am increasingly discussing with both potential clients and other counsel is whistleblowing. So I thought I would post a short summary of whistleblowing and the Competition Act.

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February 28, 2017

In an interesting development, the Ontario Government announced earlier today that it was reviewing the rules for the purchase and sale of online tickets in an effort to give consumers a fairer chance at buying sporting, theatre and other event tickets online and to potentially further regulate ticket re-sellers.

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February 28, 2017

The U.S. Federal Trade Commission (FTC) has announced that it will be hosting its third FinTech Forum on March 9th – on the topics of artificial intelligence (AI) and blockchain. According to the FTC, it will hold two panels: one on the benefits and risks to consumers as AI is adapted to financial services; and the second considering potential consumer implications of blockchain and its new applications.

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February 23, 2017

Earlier today, the Law Society of Upper Canada’s (LSUC) governing body (Convocation) announced new requirements to lawyer advertising in Ontario. Convocation’s decision was the culmination of several years of work and review, which included a special Advertising and Fee Arrangements Working Group (Working Group), two Professional Regulation Committee reports (see here and here) and consultations with practitioners and the public (see Advertising and Fee Arrangements for an overview of the LSUC’s lawyer advertising review process).

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February 22, 2017

The Canadian Competition Bureau (Bureau) continues to enforce the sale related sections (“ordinary selling price” or “OSP” sections) of the Competition Act. Earlier today, it announced that it will commence an application with the federal Competition Tribunal (Tribunal) in relation to the alleged deceptive marketing of sleep sets (mattresses and foundations sold together) by the Hudson’s Bay Company (HBC).

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February 15, 2017

Practical Law Canada Competition has published a new Legal Update, which discusses the Competition Bureau’s FinTech and competition work over the past year. Below is an excerpt with a link to the full Update.

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This Legal Update provides an update on the Competition Bureau’s (Bureau) ongoing FinTech market study. It includes background for the Bureau’s FinTech related advocacy, recent activities and details for its FinTech workshop on February 21, 2017. This Update also includes some potential implications of the Bureau’s review of the financial technology sector.

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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

    We are a Toronto based competition, advertising and regulatory law firm.

    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.

    For more about us, visit our website: here.