The law, Bill C-28, was passed by the Canadian legislature in 2010 and could be implemented this fall, according to Canadian law firm Fasken Martineau.
The law requires any commercial electronic message to or from a recipient in Canada to have the recipient’s documented prior consent, explained Fasken Martineau attorney Charles Lupien. The Canadian government can levy fines of up to $10 million per offense. Whether the term "offense" is defined as a single message or an entire spam campaign remains to be determined by the Canadian Radio-Television Telecommunications Commission, Lupien told Corporate Counsel.
A survey conducted by Fasken Martineau found that 60% of US and Canadian marketing executives were unaware of the new law, while one-quarter of respondents who were aware of the law lacked knowledge of the hefty penalties that could be levied against them for violations.
"The new Canadian law couples tough anti-spam measures with substantial statutory damages and a private right of action, which would allow plaintiffs to bring class actions and seek millions of dollars in damages. While the law is intended to crack down on 'spam,' it will have an impact on mainstream marketing activity that many businesses currently consider legitimate and proper”, explained Julie Desrosiers, leader of the firm’s technology and intellectual property group.