News & Analysis as of

Enforcement Actions CASL

Stikeman Elliott LLP

CRTC Quashes CASL Findings Against Online Intermediaries - But Avoids the Elephant in the Room

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The CRTC has overturned a 2018 staff finding that two online advertising intermediaries aided an unknown party with respect to the installation of malware on Canadian government computers, contrary to s. 9 of Canada’s...more

Bennett Jones LLP

CRTC Enforces CASL in Case of Malware Distribution

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While there has been controversy about the enforcement of the electronic communication provisions of Canada's Anti-Spam Law (CASL) due to the ambiguities of the complex scheme, there is widespread support for the anti-malware...more

Bennett Jones LLP

CRTC Issues $250,000 in Penalties for Malware Distribution

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Canada’s anti-spam law (CASL) addresses much more than unwanted commercial messages. CASL also prohibits, among other things, installation of software onto a person’s computer without consent. The Canadian Radio-television...more

Bennett Jones LLP

514-BILLETS Pays $100,000—CASL Still Being Enforced After Critical Reviews

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Canada’s Anti-Spam legislation (CASL) is a complex, onerous and ambiguous legislative system. The ambiguities were identified in a constitutional challenge that the CRTC acknowledged but ruled did not go to the point of...more

Bennett Jones LLP

Court Interprets Canada's Anti-Spam Law

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There are few businesses who would disagree that Canada's Anti-Spam Law (CASL) is complex and can be confusing. Core prohibitions are extremely broad but equally are exclusions that were put in place by Industry Canada to...more

Bennett Jones LLP

CRTC Assesses Conspicuous Publication Basis of Implied Consent in CASL Enforcement Decision

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The CRTC released a compliance and enforcement decision, CRTC 2016-428, October 26, 2016, in which it found that Blackstone Learning Corp. committed nine violations of paragraph 6(1)(a) of Canada’s Anti-Spam Legislation...more

Bennett Jones LLP

Enforcement Continues Under Canada’s Anti-Spam Law

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Kellogg Canada Inc. has a long history operating in Canada. The CRTC alleged that Kellogg sent commercial electronic messages during a period of October 2014 through December 2014 without the consent of the recipients of the...more

Bennett Jones LLP

Further CRTC Investigation Underway

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For the second time the CRTC has publicized the execution of a warrant under the CRTC’s powers under Canada’s Anti-spam law (CASL). The investigation is focused on the installation of malware and the altering of transmission...more

Bennett Jones LLP

Canadian Anti-Spam Enforcement 2015: A Year in Review

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Over the last year, the Canadian Radio-television and Telecommunications Commission (CRTC) has been active in its enforcement actions under Canada’s Anti-Spam Legislation (CASL). As shown by the following summary of...more

Bennett Jones LLP

Anti-Spam Enforcement Reaches International Malware Target

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The Canadian Radio-television and Telecommunications Commission (CRTC) is one of the key enforcement authorities in respect of Canada’s anti-spam law (CASL). CASL is broader than mere regulation of commercial electronic...more

Bennett Jones LLP

Porter Airlines Pays $150,000 under Canada’s Anti-Spam Law

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On June 29, 2015, the CRTC announced that Porter Airlines Inc had agreed to pay $150,000 as part of an undertaking in respect of alleged violations of Canada’s Anti-Spam Law (CASL). CASL requires consent to send...more

Davis Wright Tremaine LLP

Canada Issues First Penalties Under Anti-Spam Law

CRTC imposes over US$900,000 in fines against two companies, reminding U.S.- and foreign-based businesses about possible liability under Canada’s Anti-Spam Law - This month marks the issuance of the first two enforcement...more

Blake, Cassels & Graydon LLP

Canadian Competition Bureau Steps Up Enforcement Efforts, Including First CASL-Related Proceeding

Although Canada’s Competition Bureau (Bureau) has been focused the past year on enhancing its advocacy and competition compliance roles, the Bureau has also demonstrated its continued willingness to use formal investigative...more

Bennett Jones LLP

CRTC Issues a $1.1 Million Penalty Under Canada’s New Anti-Spam Legislation

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On March 5, 2015, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that it had issued a penalty of $1.1 million to Compu-Finder under Canada’s Anti-Spam Legislation (CASL)....more

Bennett Jones LLP

Defending Enforcement Under CASL: Establishing Due Diligence

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In 2014, the anti-spam provisions of Canada’s Anti-Spam Legislation (CASL) came into force, creating a wide array of compliance requirements for businesses. CASL prohibits a person from sending or causing or permitting to be...more

Bennett Jones LLP

CRTC Concludes First Enforcement Under Canada’s New Anti-Spam Legislation

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On October 7, 2014, the Canadian Radio-television and Telecommunications Commission (CRTC) announced the conclusion of its first investigation and enforcement action under Canada’s Anti-Spam Legislation (CASL) since coming...more

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