Duty LXD-1484
Sends automated outreach, in Canada
Canada's Anti-Spam Legislation, Unsolicited Commercial Electronic Messagessince 8 lines
S.C. 2010, c. 23, ss. 6, 9 to 11 · Read the law's page
- Get the recipient's prior consent, express or implied, before sending a commercial electronic message (a term broad enough to reach email, SMS and other electronic messages) to an electronic address, unless an exemption applies.
- Every commercial electronic message must identify who sent it (and who it was sent on behalf of, if different), give the recipient information letting them readily contact that person, and include an unsubscribe mechanism using the same electronic means the message was sent by, or another electronic means if that is not practicable; the prescribed content and form of that information is set out in the Electronic Commerce Protection Regulations (CRTC), SOR/2012-36.
- Keep the contact information and the unsubscribe address or web page valid for at least 60 days after the message is sent, and give effect to an unsubscribe request without delay and no later than 10 business days after it is sent, with no further action required of the recipient.
- Treat consent as implied, without asking for it, only where you have an existing business relationship (a purchase, lease, barter, written contract, or gaming or investment opportunity within the last two years, or an inquiry or application within the last six months) or an existing non-business relationship (a donation, volunteer work, or membership with a registered charity, political party or candidate within the last two years), or where the recipient conspicuously published or gave you their address without saying they did not want unsolicited messages and the message is relevant to their business, role or duties.
- A request for express consent must clearly and simply set out the purpose for which consent is sought and identify who is seeking it (and on whose behalf, if different).
- A message that does nothing more than give a quote the recipient asked for, complete or confirm a transaction they agreed to, give warranty, recall, safety or factual account or subscription-status information, relate to an existing employment relationship, or deliver something they are already entitled to does not need consent, but it must still identify the sender, give contact information and carry the unsubscribe mechanism.
- None of these rules applies to a message sent by an individual to another individual with whom they have a personal or family relationship, or to a message to a business that consists solely of an inquiry or application about its commercial activity.
- Do not aid, induce, procure or cause to be procured the sending of a commercial electronic message in violation of these rules on someone else's behalf.
Telecommunications Act, Unsolicited Telecommunications and the National Do Not Call Listin force3 lines
S.C. 1993, c. 38, ss. 41, 41.1 to 41.7, 72.01 · Read the law's page
- Comply with any order the Commission makes under section 41 prohibiting or regulating the use of a Canadian carrier's telecommunications facilities for unsolicited telecommunications; this power does not reach a commercial electronic message that Canada's Anti-Spam Legislation section 6 already governs.
- Do not make, or cause to be made, a telecommunication restricted by a Commission order or requirement made for the purpose of the National Do Not Call List, unless an exemption in section 41.7 applies: an existing business relationship (a purchase or lease within the last 18 months, or an inquiry within the last 6 months, or a subsisting written contract) with no do-not-call request registered against you, a registered charity, a registered political party or its candidates and their campaigns, a survey of the public, or a newspaper-subscription solicitation.
- If you rely on one of those exemptions other than the survey exemption, identify at the beginning of the call the purpose of the telecommunication and the person or organization on whose behalf it is made, and maintain your own do-not-call list honouring anyone who has asked not to be contacted on that basis.