Digital Business Beware: New CRTC 2018-415 CASL Guidelines May Put Your Business At Risk

  • February 14, 2019
  • Satnam Dosanjh and Lisa Danay Wallace, WeirFoulds LLP

The Canadian Radio-television and Telecommunications Commission (CRTC) released new guidance that expands liability under Canada’s Anti-Spam Legislation (CASL) for a number of potential digital product or service provider intermediaries. Telecommunications and internet service providers, and similar digital businesses, who are unaware that their activities facilitate CASL violations, intentionally or unintentionally, could be subject to fines of up to $10 million.

This new guidance sets out the CRTC’s interpretation of section 9 of CASL, which addresses ways in which persons or organizations may contribute to contravention of sections 6 to 8 of CASL. Sections 6 to 8 outline the core provisions of CASL which generally prohibit, without prior consent, the sending of electronic marketing or promotional messages. Section 9 outlines the four ways in which these contributions may be made: by aiding, inducing, procuring or causing to be procured.