Anti-spam legislation expected for early 2012

Any electronic commercial message sent without consent to be considered spam
By Amanda Silliker
|Canadian HR Reporter|Last Updated: 11/22/2011

When many people think of spam, they think of anonymous, untraceable emails that end up in their junk mail. But under new legislation, the government of Canada is extending the definition of spam to “any electronic commercial message sent without the express or implied consent of the recipient.”

“Even something as simple as an email to a potential customer saying, ‘Hello’ with a link to a website selling the company’s products, even if only part of the message has a commercial purpose, it can be caught by this,” said Donovan Plomp, a partner at McCarthy Tétrault in Vancouver. “Most people don’t think of that as spam.”

Bill C-28, Canada’s Anti-Spam Legislation (CASL), defines an electronic commercial message as any electronic message that could reasonably be concluded to encourage participation in a commercial activity, including a message that: