Two sets of regulations – one from Industry Canada and one from Canadian Radio-Television and Telecommunications Commission ("CRTC") – will be enacted pursuant to Canada's Anti-Spam Legislation (CASL). Draft regulations were published in 2011. The drafts were the subject of extensive submissions during a consultation period in 2011.

The CRTC recently released a revised version of its regulations (PDF). The following are the key changes to the draft version published in 2011:

  • the name by which a person sending a message carries on business must now be included if it is different from the person's name;
  • the mailing address and either a telephone number, email address or web address of the person sending the message must be included in the message, whereas the 2011 draft required all such information;
  • an unsubscribe mechanism must be "readily accessible", whereas the 2011 draft required the mechanism to be clearly and prominently set out and accessed by a single click or another equivalent method;
  • an unsubscribe mechanism must be able to be "readily performed" whereas the 2011 draft specified that no more than two clicks could be used to unsubscribe;
  • a request for consent to send electronic messages and to engage in other activities under CASL may be obtained orally or in writing, whereas the 2011 draft required written consent;
  • the mailing address and either a telephone number, email address or web address of the person sending the request for consent must be included in the request whereas the 2011 draft required all such information; and
  • a statement indicating that a person can withdraw consent is required to be included in a request for consent, whereas the 2011 draft required that the statement must indicate that consent can be withdrawn by using any of the contact information contained in the message.

Although the changes summarized above are welcome improvements over the 2011 draft, they will still fall well-short for many organizations that will be subject to CASL and the regulations. Far more sweeping changes and clarifications were requested by many organizations during the 2011 consultation.

Industry Canada has not yet published its revised regulations. However, those are expected soon and it is now widely expected that the law and the regulations may in brought into force in late 2012.

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