On June 7th, the Minister of Innovation Science and Economic Development Canada issued a press release confirming that the government has suspended the implementation of some of the provisions of Canada’s Anti-Spam Legislation (CASL). More specifically the provisions relating to a private right of action and class actions will not be brought into force on July 1, 2017. It seems that this has occurred in response to significant lobbying pressure exerted by many interested parties.
The issue of a private right of action has been referred to a parliamentary committee. Nothing was said as to when that committee might complete its report.
The press release provides that:
“Canadians deserve an effective law that protects them from spam and other electronic threats that lead to harassment, identity theft and fraud. At the same time, Canadian businesses, charities and non-profit groups should not have to bear the burden of the unnecessary red tape and costs to comply with the legislation.
The Government supports a balanced approach that protects the interests of consumers while eliminating any unintended consequences for organizations that have legitimate reasons for communicating electronically with Canadians.”
While this development is good news to businesses across the country, the fact remains that the remaining provisions of CASL, which are onerous, must continue to be complied with. In addition, it seems likely that the government will continue to aggressively enforce the legislation.
These comments are of a general nature and not intended to provide legal advice as individual situations will differ and should be discussed with a lawyer.