Legal Definitions - Canadian Anti-Spam Law of 2010: Potential Extension to Telephonic and Fax Solicitation

The term Canadian Anti-Spam Law of 2010: Potential Extension to Telephonic and Fax Solicitation refers to a specific aspect of Canada's primary legislation designed to combat spam and other electronic threats, known as the Canadian Anti-Spam Law (CASL).

CASL, enacted in 2010, primarily targets unsolicited commercial electronic messages, such as emails and text messages, requiring businesses to obtain explicit consent ("opt-in") from individuals before sending them promotional content. However, the law's original definition of "electronic messages" was broad enough to potentially include telephone calls and faxes.

Currently, under Clause 6(8) of CASL, certain communications like two-way telephone conversations, faxes, and voicemail messages are specifically exempt from these strict "opt-in" consent requirements. This means that, for these types of communications, businesses typically operate under different rules, such as Canada's National Do Not Call List, which is an "opt-out" system where individuals must proactively request not to be contacted.

The "potential extension" refers to a provision (Clause 68) within CASL that contemplates the future repeal of this exemption. If Clause 6(8) were repealed, telephonic and fax solicitations would then fall under CASL's core "opt-in" consent rules. This would represent a significant shift, making CASL a much broader anti-solicitation law covering virtually all forms of commercial communication via telecommunications technology. However, it is crucial to understand that as of the current date, Clause 68 has not come into force, and the exemption for telephone and fax communications remains in effect.

Here are some examples illustrating the implications of this potential extension:

• Scenario: Telemarketing for a New Service

  Currently: A telemarketing company can call potential customers to offer a new internet service, provided those customers are not registered on the National Do Not Call List. The burden is on the consumer to "opt-out" if they don't want calls.

  If the exemption were repealed: The telemarketing company would first need to obtain explicit permission from each individual before making a marketing call about their new internet service. This would mean consumers would have to "opt-in" to receive such calls, rather than simply not being on a "do not call" list.

• Scenario: Sending Promotional Faxes

  Currently: A stationery supply company might send faxes advertising a sale on office supplies to businesses whose fax numbers are publicly available, as long as those businesses haven't specifically asked them to stop.

  If the exemption were repealed: The stationery supply company would be required to get prior, express consent from each business before sending them a promotional fax. Sending an unsolicited fax, even to a publicly listed number, would violate CASL without that "opt-in" consent.

• Scenario: Automated Voicemail Campaigns

  Currently: A charity might use an automated system to leave pre-recorded voicemail messages on people's phones, asking for donations, without needing prior consent, provided they adhere to other telemarketing rules.

  If the exemption were repealed: The charity would need to secure explicit "opt-in" consent from individuals before leaving an automated voicemail message soliciting donations. Without such consent, the automated message would be considered a violation of CASL.