Back in 2010, Bill C-28 (Fighting Internet and Wireless Spam) was passed by Parliament and received royal assent. It was expected to come into force in 2012, but delays in drafting the regulations mean that 2012 came and went without a coming-into-force date having been announced. This delay gives Canadian businesses, and any foreign entities that do business with Canada, more time to carefully consider what the legislation will require of them. The government will also grant a period between the publication of the finalized regulations and the coming into force of the legislation so that affected organizations have time to read and comply.
Canada’s anti-spam legislation is expected to be declared in force in 2013. It will regulate most forms of commercial electronic messages sent to Canadians, including email, text messages and messages sent through social media. Under the anti-spam legislation, either express or implied consent is required before sending commercial electronic messages. In addition, the message must comply with prescribed information disclosures, and a mechanism to unsubscribe must be provided.