Canadian Anti-Spam Law of 2010: Administrative Framework

canadian_anti-spam_law_regulatory_framework

Clauses 14 through 46 of the Canadian Anti-Spam Law of 2010 delineate a powerful administrative structure for the enforcement of the Law.  The Canadian Radio-television and Telecommunications Commission ("CRTC") is designated as the agency with primary administrative responsibility for enforcement of the Law, and is given extensive powers to effectuate that responsibility.  See Canadian Anti-Spam Law, S.C. 2010, c. 23, §§ 1, 14-46 (Can. 2010).

In addition to broad investigatory powers, the CRTC is given the power to impose significant monetary penalties for violations of the Law.  The maximum penalty per violation for an individual is $1,000,000, and is $10,000,000 for corporate entities.  See Canadian Anti-Spam Law, S.C. 2010, c. 23, § 20(4) (Can. 2010).

For further discussion of the CASL administrative framework, see Library of Parliament Legislative Summary, Pub. No. 40-3-C28-E (Feb. 4, 2011), at 9-11.