CASL and Implied Consent: Blackstone Learning Corp.: The CRTC'S First Compliance and Enforcement Decision under CASL | Practical Law
Canada's first anti-spam legislation (interchangeably, CASL or the Act) came into effect on July 1, 2014. It is considered one of the most stringent anti-spam regimes in the world given its scope and penalties. While the Canadian Radio-television and Telecommunications Commission (CRTC) had previously entered into undisclosed undertakings settling alleged violations of CASL, until now there have been no formal compliance and enforcement decisions under the Act. On October 26, 2016, the CRTC issued its first Compliance and Enforcement Decision CRTC 2016-428. The decision demonstrates the CRTC's stringent expectations of compliance with certain aspects of the Act and, in particular, its strict interpretation of the "conspicuous publication" exemption to establish implied consent for the receipt of commercial electronic messages (CEMs).