Today, the Canadian Radio-television and Telecommunications Commission (CRTC) issued draft regulations for Canada's Anti-Spam Legislation (CASL).  CASL sets forth a number of stringent restrictions applicable to commercial electronic messages and provides the CRTC and Industry Canada with the authority to enact regulations under the Act.     

The CRTC's draft regulations address (i) the form and content to be included in commercial electronic messages, (ii) requirements for a request for express consent for the sending of commercial electronic messages, and (iii) notice and consent requirements in connection with the function of computer programs.  We will provide more detail regarding the regulations shortly.  In the interim, however, we note that the regulations provide that, in order to obtain express consent to send commercial electronic messages, the request for consent must be in writing and contain certain information, including:  

  • the name of the person seeking consent and the person, if different, on whose behalf consent is sought;
  • the physical and mailing address, a telephone number providing access to an agent or a voice messaging system, an email address and a web address of the person seeking consent and, if different, the person on whose behalf consent is sought and any other electronic address used by those persons; and
  • a statement indicating that the person whose consent is sought can withdraw consent by using the contact information.  

The CRTC has issued a call for comments on the draft regulations.  The deadline for the receipt of comments is August 29, 2011.  The publication of Industry Canada's draft regulations is anticipated in the near future.