New Electronic Marketing Anti-Spam Legislation (CASL) 

New legislation regarding electronic marketing, the Canadian Anti-Spam Legislation (CASL), announced on January 5th by Industry Canada has sparked concern over its potential consequences for small business and other organizations.

Currently the way the regulations are written, the broad scope of CASL will impact every single business, association, club, charitable organization and foundation that conducts activities in Canada, regardless of country of origin or the destination of messages because every single commercial electronic message (CEM) sent or received in Canada is captured under the CASL.

The onus is on businesses and organizations to track and maintain consent information for CEMs. Will small businesses have time to devote to this on an ongoing basis without hurting productivity and without incurring extra costs? Without introducing modifications and exceptions, will this legislation impede commercial speech and market competitiveness?

Here's what the CASL incorporates: 

• You will need permission to send a CEM but you will not be able to get that permission by requesting it through an email.
• You will need to maintain a database that proves you have permission to send these CEMs.
• You will need to include an opt-out mechanism in all CEMs which must be backstopped with a database of the relationship details and removals of consent.
• If you do not comply or do not maintain accurate records, your business could be sued, although there is allowance for 'implied consent'

Many of these have been standard practice for a long time for business engaged in legitimate electronic marketing with their clients, in part spurred by the 'Personal Information Protection and Electronic Documents Act' (PIPEDA). Having said that, as of 2011, approximately 70% of Canadian small businesses polled stated they do not currently have a website. Under this new legislation, that will have to change.

Where is this legislation now?

After passing legislation, the government drafts regulations to enforce it. The law usually doesn't come into effect until the regulations are approved by Cabinet. Before that happens, regulations are published in the Canada Gazette and interested parties can comment on them. That's where these rules are now. They were published in the Canada Gazette on January 5th for a 30-day comment period. The law could come into effect sometime toward the end of 2013. 

What you, as a business owner, can do:   

Get informed about the details and impact the legislation and regulations will have on your business. Information about anti-spam can be found on the Industry Canada website here. The revised legislation can be found at Canada Gazette.

If you choose to communicate with your local Member of Parliament, rather than simply complaining that the legislation is bad, come forward with some suggestions in your feedback. Focus on the issue and impact - i.e. how this affects your organization and/or business - and your community/region. Send a letter or email to MP, Dan Albas, expressing your concerns and the impacts this will have on your business or organization.

Remember time is of the essence. Although the legislation does not come into force until the regulations are adopted, the deadline for comment to Industry Canada is February 4th, 2013. Send your comments here: Industry Canada.

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