Canada’s Anti-Spam Legislation
ABOUT CASL
Canada’s new anti‑spam legislation (known as “CASL”) came into effect in large part on July 1, 2014. At Algonquin College, we are committed to communicating responsibly. In our electronic communications, we strive to provide information that is relevant, useful and timely. The College has taken steps to ensure its electronic communication practices comply with the requirements of CASL. These steps include requesting express consent to receive commercial electronic messages (or “CEMs”), where necessary, ensuring that there is an unsubscribe mechanism in CEMs if required, and honouring requests to unsubscribe from CEMs from the College in a timely manner.
FAQ
Borden Ladner Gervais prepared this content for Colleges Ontario.
Latest Date: August 7th, 2017
1. What is the purpose of CASL?
CASL is intended to prevent the sending of SPAM or more specifically, unsolicited commercial electronic messages (“CEMs”). From an operational perspective, CASL is intended to prevent the sending of CEMs except where the recipient has indicated a wish to receive them from the sender.
2. Who enforces CASL?
Each of the CRTC, the Privacy Commissioner of Canada, and the Competition Bureau enforce some of the requirements of CASL although the principal regulator is the CRTC. Innovation, Science and Economic Development drafted CASL originally and still provides guidance on how it intended CASL to be applied.
3. What are the possible consequences for non-compliance?
Non-compliance can be very costly as the enforcement action taken to date has indicated. In addition to liability for fines (for offences) and administrative monetary penalties (for violations – up to $1 million for a violation committed by an individual and up to $10 million for a violation committed by an organization), payments may be required as part of an “undertaking” given to resolve a violation of CASL (to date, these have ranged from $48,000 to $200,000 for organizations). Organizations are responsible for violations committed by their employees in the course of their employment. Board members and officers of an organization may be held personally liable for violations and offences.
4. What is the main requirement under CASL?
Subject to the exceptions established in CASL, CEMs cannot be sent without the express consent of the recipient, specified information and a specified type of unsubscribe mechanism.
5. What is a CEM? Does CASL apply to text messages, voicemails and faxes?
CASL defines a CEM as an electronic message sent to an electronic address that having regard to its content, the hyperlinks in the message to content on a website or other database, or the contact information in the message, it would be reasonable to conclude has as one of its purposes, to encourage participation in a commercial activity, including an electronic message that: offers to purchase or sell a product or service; offers to provide a business or investment opportunity; advertises or promotes a product, service, or business or investment opportunity. CASL applies to messages sent by email and texts but excludes messages delivered through an interactive two-way phone call, facsimile transmission, voice recordings sent to a telephone account, and the post (section 6(8) of CASL). A “commercial activity” is “any transaction, act or conduct … that is of a commercial character, whether or not” it is carried out “in the expectation of profit”.
6. Does CASL apply to mass CEMs or do single CEMs count?
CASL applies to all CEMs, regardless of whether they are sent to a single or many recipients or the electronic address to which they are sent (personal or business, individual or organization).
7. What is considered “commercial” in the context of the Colleges?
CASL defines “commercial activity” very broadly, as indicated in the answer to question 5. Commercial activities carried out by Colleges may include promoting a sale at the College bookstore, giving notice of a new course or program, and advertising a discount offered by a third party (VIA Rail, restaurants, equipment suppliers, for example). It is important to remember that an electronic message does not need to be solely commercial to be considered a CEM and that the inclusion of a hyperlink, logo or contact information may make a message a CEM that would not be a CEM on the basis of its content alone.
8. Extra-territorial application – does CASL apply to CEMs sent by a College to students or alumni outside of Canada? What about CEMs sent by a College’s foreign campuses or agents?
CASL applies to CEMs sent or accessed by a computer system located in Canada (section 12 of CASL). For example, CASL applies to CEMs sent from a College in Canada to prospective international students and to CEMs sent by a College’s off-shore service provider or off-shore campus to a recipient in Canada.
9. What does “express consent” mean? How should I obtain express consent? Are there any best practices?
To obtain express consent under CASL, a sender must provide: an explanation of the purposes for which the consent is being sought; identifying information about the sender; and a statement that consent may be withdrawn. Express consent under CASL must be “opt-in” consent which means that recipients must have actively done something to indicate their consent: checking a box or signing a form for example. Opt-out consent, including requiring an individual to uncheck a pre-checked box to indicate that they do not consent to receiving CEMs is NOT express consent. The mechanism for obtaining consent cannot be buried in terms and conditions or appear in fine print and must be clear and easy to understand. Algonquin College currently collects consent via the forms located on their website. Consent and unsubscribe is then tracked through Marketo and Salesforce their current mass emailing service and contact management system. For clarification on this matter please contact the college’s CASL representative by completing the form on this website.
10. Does express consent ever expire?
No, but it may be withdrawn.
11. What are the “Content Requirements” of CEMs?
Unless an exemption applies, CASL requires CEMs to contain: (a) identification information and (b)an unsubscribe mechanism. Identification information consists of the name of the sender, mailing address & one of phone number, email address or web address of the sender and must be is valid for at least 60 days. The unsubscribe mechanism must be prominent and able to be readily performed which means that it must enable the recipient to indicate that he/she no longer wishes to receive CEMs (or specified classes of CEMs where the sender wants to distinguish between different types of CEMs), at no cost to the recipient, and using the same electronic means by which the CEM was sent or other electronic means where not practicable. For example, unsubscribe mechanisms may specify an electronic address or link to a webpage that can be accessed through a browser that allow the recipient to unsubscribe. Information on how to unsubscribe must be valid for 60 days and instructions to unsubscribe must be implemented within 10 business days.
DOES CASL APPLY TO MY DEPARTMENT?
Borden Ladner Gervais reviewed this content for Algonquin College.
Latest Date: March 22nd, 2018
The following is a list of common Algonquin College activities. It shows whether CASL applies. In all instances of any CEM, an unsubscribe mechanism and tracking of that mechanism must always be in place. The senders identity and contact information must also be shared.
INTERNAL COMMUNICATIONS WITH THE CAMPUS COMMUNITY
| INTERNAL COMMUNICATIONS WITH THE CAMPUS COMMUNITY | ||
|---|---|---|
| Purpose of Message (i.e. newsletters, President’s messages, operational messages) | Does CASL Apply? | Notes |
| Communicating with faculty, staff, and students. | Yes | CASL may apply depending on the purpose and form of the message. |
| Communicating with people who are using an @algonquincollege.com email address if they are not faculty, staff or students. | Yes | Using a College email address does not necessarily preclude the application of CASL – CASL may apply depending on the purpose and form of the message. |
| Communicating with faculty, staff or students through another email that may not be an algonquincollege.com or algonquinlive.com email. (i.e., a preferred email) | Yes | CASL may apply depending on the purpose and form of the message. |
STUDENT RECRUITMENT/SERVICES
| STUDENT RECRUITMENT/SERVICES | ||
|---|---|---|
| Purpose of Message | Does CASL Apply? | Notes |
| Promoting, or recruiting prospective students for, College-run programs that are primarily educational in nature. (i.e., academic and professional programs or courses, continuing education programs) | Yes | |
| Promoting, or recruiting current students for, College-run programs that are primarily educational in nature. (i.e., academic and professional programs or courses, continuing education programs, graduate certifications or pathways) | Yes | CASL may apply – if the message relates to programs/services in which the students are not enrolled, this is akin to notifying existing customers of products or services in which they might be interested. |
| Operational messaging regarding application, admissions, and registration processes, fee notifications and reminders for payments for College-run educational programs to applicants and students. | No | Operational messages may be exempt from the consent requirement under s. 6(6)(d) (notification of factual information) or exempt from the consent and content requirements under s. 3(b) of the Gov’t regulations (sent in response to an inquiry). |
| Communicate and promote government funded programs and services where an existing relationship exists (i.e. OSAP, Bursaries) to active applicants and students. | Yes | CASL applies where there is an existing business relationship although consent may be implied. |
| Communicate and promote government funded programs and services where an existing relations exist (i.e. OSAP, Bursaries) to prospective students. | Yes | |
| Promoting the purchase of College products, goods or services that are closely connected to the educational purpose of the College to current students and applicants. (i.e. course material, books, gym membership, student meal plans, residences) | Yes | CASL may apply although the message may be exempt from the consent requirement under s. 6(6)(b) (facilitates a transaction) |
| Promoting the purchase of College products, goods or services that are closely connected to the educational purpose of the College to prospective students or the general public. (i.e. course material, books, gym membership, student meal plans, residences) | Yes | |
| Promoting the purchase of products, goods or services from a third party where a current relationship exists with the College by the College on its own behalf to current students. (i.e. graduation photos) | Yes | |
| Promoting programs, events and offers to guidance counsellors, faculty or other influencers outside the College (i.e. other high schools and colleges) where a partnership exist with Algonquin College. | Yes | |
| Promoting programs, events and offers to guidance counsellors, faculty or other influencers outside the College (i.e. other high schools and colleges) where a partnership does NOT exist with Algonquin College. | Yes | |
| Promoting programs which are educational in nature or closely connected, the purchase of goods, services, events and special offers to parents and guardians. | Yes | |
ALUMNI ENGAGEMENT
| ALUMNI ENGAGEMENT | ||
|---|---|---|
| Purpose of Message | Does CASL Apply? | Notes |
| Providing information from the Alumni Department (internal College department) to alumni/graduates of the College. | Yes | |
| Providing information to alumni or the public at large regarding the activities of the College. | Yes | |
| Promoting third party products or services to alumni. | Yes | |
| Promote the raising of funds for a registered charity to our alumni. | No | The exemption is for messages that have as their primary purpose raising funds for a registered charity. |
| Promoting products, services and events offered by the College to our alumni. | Yes | CASL applies even where there is an existing business relationship or nonbusiness relationship – messages to alumni may be subject to CASL. |
| Promoting charitable events where a tax receipt is provided to alumni. | Yes | The exemption is for messages that have as their primary purpose raising funds for a registered charity. Please fill out the form on this page, should you require further assistance. |
| Promoting third party job opportunities to alumni on behalf of the College. | Yes | CASL applies even where there is an existing business relationship or nonbusiness relationship – messages to alumni may be subject to CASL. |
| Request alumni to update their contact information. | Yes | CASL may apply depending on the purpose and form of the message. CASL applies even where there is an existing business relationship or nonbusiness relationship – messages to alumni may be subject to CASL. |
EMPLOYEE RECRUITMENT AND SERVICES
| EMPLOYEE RECRUITMENT AND SERVICES | ||
|---|---|---|
| Purpose of Message | Does CASL Apply? | Notes |
| Recruiting the general public via electronic address to work as faculty or staff at the College. | Yes | CASL – may not apply. See 6(6)e which exempts CEMs providing information relating to an employment relationship or related benefit plan from the consent requirement. Please fill out the form on this page, should you require further assistance. |
| Recruiting a student to work for the College. | Yes | CASL – may not apply. See 6(6)e which exempts CEMs providing information relating to an employment relationship or related benefit plan from the consent requirement. Please fill out the form on this page, should you require further assistance. |
| Communications from providers informing faculty and staff about employee benefits and services. (i.e., pension, health plan, faculty/staff housing plan) | Yes | CASL – may not apply. See 6(6)e which exempts CEMs providing information relating to an employment relationship or related benefit plan from the consent requirement. Please fill out the form on this page, should you require further assistance. |
| Recruiting faculty, staff or students to volunteer for an event, program or service via an electronic message. | Yes | CASL – may not apply. See 6(6)e which exempts CEMs providing information relating to an employment relationship or related benefit plan from the consent requirement. Please fill out the form on this page, should you require further assistance. |
| Recruiting the general public to work for one of the services provided by the College. (i.e. Massage Therapy, Learning Enterprises, Counseling Services) | Yes | CASL – may not apply. See 6(6)e which exempts CEMs providing information relating to an employment relationship or related benefit plan from the consent requirement. Please fill out the form on this page, should you require further assistance. |
| Recruiting the general public to volunteer for an event, program or service. | Yes | CASL – may not apply. See 6(6)e which exempts CEMs providing information relating to an employment relationship or related benefit plan from the consent requirement. Please fill out the form on this page, should you require further assistance. |
EVENTS
| EVENTS | ||
|---|---|---|
| Purpose of Message | Does CASL Apply? | Notes |
| Promoting internal events to staff, faculty and students. Promoting events that relate to any of the activities of the College. (i.e., student athletic events, faculty/student concerts, faculty/student art exhibits, academic conferences, applied research workshops/showcases) | Yes | CASL may apply depending on the purpose and form of the message. |
| Promoting additional events that are not part of operations or the application process to prospective students. (i.e. portfolio development sessions) | Yes | |
| Promoting additional events that are not part of operations or the application process to current students and applicants. (i.e. portfolio development sessions) | Yes | CASL may apply depending on the purpose and form of the message. |
| Promoting events that are not related to the activities of the College to prospective students, students, applicants, alumni and the general public. (i.e.,. professional sporting events held in College facilities, concerts) | Yes | |
| Promoting recruiting events to the public and to prospective students. | Yes | |
| Contacting members of a third party association or employer to promote an event held for a specific trade/or industry (i.e. welding, mechanics, health and fitness) when a partnership DOES NOT exist with the College. | Yes | |
| Contacting members of a third party association or employer to promote an event held for a specific trade/or industry (i.e. welding, electric, mechanics, health and fitness) when a partnership DOES exist with the College. | Yes | Depends on the terms of the partnership – there may be implied consent (existing business relationship) but that does not mean that CASL does not apply. |
| Promote events, programs and other products and services offered by Algonquin College to attendees or registrants (prospective students) of an event where the registration/attendees list is compiled by the vendor or third party. (i.e. conference centers, tradeshow organizers, vendors for webinars) | Yes | |
SERVICES AND PROCUREMENT
| SERVICES AND PROCUREMENT | ||
|---|---|---|
| Purpose of Message | Does CASL Apply? | Notes |
| Promoting services offered by the College to the general public that do not relate to the core activities of the College. (i.e. rental of outdoor equipment to the public at large, lease of space, internal services with a commercial offering to external organizations). | Yes | |
| Responding to an inquiry from a third party about any of the foregoing services. | Yes | CASL may apply (see the exemption from the consent requirement in s. 6(6)(a)) or this type of message may be excluded from the consent and content requirements under 3(b) of the Gov’t regulations. |
| Delivering one of the foregoing services in response to the third party‘s request. | Yes | CASL may apply (see the exemption from the consent requirement in s. 6(6)(a)) or this type of message may be excluded from the consent and content requirements under 3(b) of the Gov’t regulations. |
| Obtaining payment from a third party for one of the foregoing services where there is a legal (contractual) obligation to pay. (i.e., debt collection or invoicing functions) | Yes | CASL may apply (see the exemption from the consent requirement in s. 6(6)(b)) or this type of message may be excluded from the consent and content requirements under 3(b) of the Gov’t regulations. |
| Personally making an inquiry about products, goods and services offered by a third party on the College’s behalf. | No | |
| Personally communicating with an employee, representative, consultant or franchisee of a third party , on the College’s behalf if the College has an existing relationship with the third party and the message concerns the activities of the third party. | Yes | CASL may apply (see the exemption from the consent requirement in s. 6(6)(b)) or this type of message may be excluded from the consent and content requirements under 3(b) of the Gov’t regulations. |
| Using publicly available e-mail addresses where there is implied consent under CASL. | Yes | This is the approach (recognizing the application of CASL but that implied consent suffices) that needs to be applied to all the identified message types. The CEM must be relevant to the person’s business, role or duties. |
ALGONQUIN SERVICE PROVIDER TO THE PUBLIC
| ALGONQUIN SERVICE PROVIDER TO THE PUBLIC (I.E. MASSAGE THERAPY, HAIR DRESSING, GYM, PHYSIO, DAYCARE, ETC) |
||
|---|---|---|
| Purpose of Message | Does CASL Apply? | Notes |
| Promoting products, programs and services to faculty, staff, and students. | Yes | |
| Promoting products, programs and services to the general public, prospects and clients. | Yes | |
| Using publicly available e-mail addresses where there is implied consent under CASL. | Yes | |
RESEARCH
| RESEARCH | ||
|---|---|---|
| Purpose of Message | Does CASL Apply? | Notes |
| Providing information to the public via electronic message about research activities including events (i.e. Applied Research Showcase). | Yes | |
| Requesting funding for a research project from a funding agency or clinical trial sponsor. | Yes | |
| Recruiting research subjects via electronic message. | Yes | |
| Collecting research data from subjects. | Yes | CASL may apply depending on the message – survey’s for example, may not be CEMs. |
| Sending surveys via mass electronic message to prospective students. | Yes | CASL may apply depending on the message – survey’s for example, may not be CEMs. Please fill out the form on this page, should you require further assistance. |
| Sending surveys via mass electronic message to students. | Yes | The fact that the survey is sent to students does not necessarily exempt it from the application of CASL, although as notes some surveys are not CEMs. Please fill out the form on this page, should you require further assistance. |
| Sending surveys via mass electronic message to alumni. | Yes | The fact that the survey is sent to students does not necessarily exempt it from the application of CASL, although as notes some surveys are not CEMs. Please fill out the form on this page, should you require further assistance. |
| Collecting information from prospective students for statistical or service improvement purposes. | Yes | CASL may apply depending on the message – survey’s for example, may not be CEMs. |
EMPLOYER RECRUITMENT AND SERVICES
| EMPLOYER RECRUITMENT AND SERVICES | ||
|---|---|---|
| Purpose of Message | Does CASL Apply? | Notes |
| Recruit employers to participate in the College’s work placement opportunities for students seeking experience (paid and unpaid opportunities) (i.e. co-op, internships, placements) | Yes | |
| Promote the College’s programs, events and services to prospective employers. | Yes | |
These answers reflect the best information we have as of the date posted above and may be subject to change. We will endeavor to update the answers to reflect any new guidance that becomes available, but the information will always only be current to the date these CASL Activities were last updated.
REFERENCES
For additional information please refer to: