ANTI-SPAM LEGISLATION - SUMMARY
What is Anti-Spam Legislation?
 The anti-spam legislation is a new law and will be coming into effect on July 1, 2014.
What is a commercial electronic message (CEM)?
 A commercial electronic message is any electronic message that encourages participation in a
commercial activity, regardless of any expectation of profit. This can include the sale of products,
soliciting of donations, promotion of an event or organization, sale of tickets, or seeking
volunteers or members. (Example of a non-CEMs: invitations to AGMs)
What are the penalties?
 The penalties for violating this new law are fines up to $1 million per individual and up to $10
million per organization. Starting in 2017, it will also be possible to be sued. These penalties
apply to the individual or organization sending the commercial electronic messages (CEM), the
officers and directors and employers liable for violations by employees or agents.
How do you send a CEM in accordance with the new legislation?
 To send a non-exempt CEM, you must have consent - “OPT IN”.
o Express consent is needed before any CEM (including a “please opt in” message) can be
sent, unless there is implied consent.
o Implied consent allows you to send an initial CEM, but it must be converted into express
consent. Implied consent includes:
 An existing business relationship between recipient and sender (the recipient has
purchased/used services within a two year window, or has made an inquiry about
the organization within six months)
 The recipient has provided their information to you or conspicuously published
their info
 The recipient has not opted out, officially or unofficially
 The recipient has made a donation
 THERE IS A THREE YEAR WINDOW (from July 1, 2014) for pre-dating implied
consent to be converted into express consent
 A CEM must include a name, telephone number & email or web address of sender, physical mailing
address and an unsubscribe (“OPT OUT”) mechanism (which must be simple and quick to use, and
cannot include a pre-checked box).
 “Opt Outs” must be honoured within 10 days.
When are you exempt?
 When sending a first CEM to someone you are referred to, you are exempt if:
o The referrer has existing business, non-business, family or personal relationship; and
o The CEM discloses full name of referrer; and
o It states that the CEM is sent as a result of the referral.

You may be exempt if the CEM is sent:
o To one with a personal/family relationship
o As a response to an inquiry (within 6 months) or to someone who has used your service
(within 2 years)
o Internally within an organization
o To someone who owes a debt to the organization (regarding the debt only)
o To another organization that the sender has a relationship with
o By a registered charity (non-profits are not included in this exemption) when the PRIMARY
PURPOSE of the CEM is to raise funds or advertise an event that raises funds
 To make certain that CEMs, including the initial “opt-in” message, are exempt,
charities can send a message where the PRIMARY purpose is the raise funds and
include other content secondarily.
How to take action
 Conduct a compliance audit
 Engage in training
 Adopt CASL policies and procedures
o Seek express consent from those who have given implied consent
o Keep records and track those who opt in/out, and honour their requests.
o Track the expiration of transition periods for implied consent
o Determine if third party rules are applicable
 Consider IT help
o Review and update your database
o Ensure new emails, consent and unsubscribe mechanisms are compliant and functioning
 Consider using phone or mail to get express consent
FOR MORE INFORMATION VISIT:
 HTTP://FIGHTSPAM.GC.CA/EIC/SITE/030.NSF/ENG/HOME
PREPARED BY KYLIE DIXON & AMENDED BY RENATA TWEEDY
FOR SOU'WEST NOVA TRANSIT ASSOCIATION