Over the past months, I have been writing, lecturing and advising on Canada's anti-spam legislation (CASL). In discussing the legislation, I have encountered many myths and misconceptions about CASL and its implications. This is not surprising. The legislation and accompanying regulations create a complex and often confusing regulatory regime that contains more questions than answers.
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.