CHAMBER NEWS: Anti-spam rules create a buzz

The Canadian Chamber of Commerce is concerned about the new proposed anti-spam regulations for Canada

The Canadian Chamber of Commerce is concerned about the new proposed anti-spam regulations for Canada.

Canadian anti-spam legislation (CASL) and the corresponding regulations have taken a ban-all approach to regulating commercial electronic messages (CEMs).

All e-mails, SMS texts, social media sent in a commercial context are captured.

The broad scope of CASL means that it will impact every single business, association, club, charitable organization and foundation that conducts activities in Canada.

Without significant modifications and exceptions, this legislation will impede commercial speech, an essential ingredient of market competitiveness and lead to reduced competition and higher prices.

The legislation will obligate the sender to obtain consent from the receiver prior to sending a CEM.

That consent may not be obtained by sending a CEM.

The definitions for consent are quite specific and are more demanding than existing privacy legislation.

The legislation also requires an opt-out mechanism in all CEMs which must be backstopped with a database with the details of all business/personal relationships and removals of consent.

Administrative penalties for non-compliance are heavy. The rules would provide powers for private parties to sue under the legislation.

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 Jan. 5 for a 30-day comment period. The law could come into effect sometime toward the end of 2013.

This legislation will also impose high compliance costs on businesses that may be ill-equipped to undertake them and will result in economic hardship for both business and not-for-profit organizations.

The result will be a corresponding negative impact on local economies.

In its current form, these regulations will impede innovation and competitiveness by needlessly channelling resources away from new ventures and opportunities and by slowing the regular updating of computer software and systems.

Ultimately, this legislation and the regulations in their current form will not solve the problem of nuisance/fraudulent messages or of nuisance/malicious software, which are generally initiated outside the jurisdictional reach of the Canadian Radio-television and Telecommunications Commission, the agency tasked with enforcement of the CASL.

Information about anti-spam can be found on the Industry Canada website at

To read more about the impacts of these proposed changes on organizations, visit the Canadian Chamber of Commerce at

Or you can link to it from the Greater Vernon Chamber of Commerce at, part of the Canadian chamber network.

George Duffy is general manager of the Greater Vernon Chamber of Commerce.


Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Vernon officer returns soccer ball and boy’s smile

RCMP officer retrieves errant soccer ball, returns it to five-year-old with cruiser lights flashing

Former Vernon psychologist disciplined

Complaint filed against Dr. Kevin Miller over conduct in context of treatment provided to client

Queen Silver Star tradition upheld despite COVID-19

Vernon, Coldstream, Lumby, Armstrong and Enderby youth can apply

Kelowna RCMP search for missing teen

Reina Hodgins was last seen Aug. 9, 2020 at 12:30 p.m. at her residence

UPDATE: Lines cleared on Vernon street

Power and telephone/cable wires pulled from house

Canada to match donations to Lebanon relief

Canada is directing all of its aid for this crisis directly to humanitarian organizations, not the Lebanese government

$45K in donations received after couple’s sudden death in Tulameen

Sarah MacDermid, 31, and Casey Bussiere, 37, died August long weekend

UFO trackers set their sights on Revelstoke skies

Rob Freeman UFO World Explorer and crew went up Sale Mountain

Former Summerlander receives Emmy nomination for makeup work

Lucky Bromhead recognized for her work with Canadian sitcom Schitt’s Creek

Famous Yukon-based bhangra dancer brings movements of joy to Long Beach

Infamous dancer is exploring Vancouver Island, visiting the B.C. Legislature and other destinations

Battle of Fairy Creek: blockade launched to save Vancouver Island old-growth

‘Forest Defenders’ occupy road to prevent logging company from reaching Port Renfrew-area watershed

COVID-19 could mean curtains for film and TV extras

Background performers worry they’re being replaced by mannequins on film and TV sets

Laid-off B.C. hotel workers begin hunger strike demanding job protection

Laid-off workers not sure what they’ll do when government support programs end

Mitchell’s Musings: Hockey’s comeback begins in earnest in August

Sports is back. Well, at least sports in a bubble is back.… Continue reading

Most Read