On January 5, 2013, Electronic Commerce Protection Regulations (“ECP Regulations”), proposed under Canada’s Anti-spam Legislation (“CASL”*), were published. As previously reported, the CASL enacts comprehensive anti-spam legislation relating to the sending of commercial electronic messages (“CEMs”). The CASL has not yet been proclaimed into force, with the exception of certain Personal Information Protection and Electronic Documents Act amendments which were proclaimed into force in April 2011.
Also as previously reported, earlier proposed regulations under the CASL had been issued for consultation in July, 2011. That consultation led to their refinement, resulting in the ECP Regulations.