Canadian Anti-Spam Law of 2010: Potential Extension to Telephonic and Fax Solicitation

canadian_anti-spam_law_telephony

As discussed by the Canadian Library of Parliament, the definition of "electronic messages" in the Canadian Anti-Spam Law of 2010 is broad enough to include telephone and fax communications, thus implicating telemarketing and fax solicitations, in addition to email and text spam.  See Library of Parliament Legislative Summary, Pub. No. 40-3-C28-E (Feb. 4, 2011), at 3-4.

Currently, Clause 6(8) the Law expressly exempts two-way telephone communications, faxes, and voicemail messages from the core requirements of Clause 6. See Canadian Anti-Spam Law, S.C. 2010, c. 23, § 6(8) (Can. 2010).  However, Clause 68 of the Law contemplates the repeal of this exemption, thus opening up the possibility that the Canadian Anti-Spam Law will become a sweeping anti-solicitation law covering all forms of commercial solicitation by means of telecommunications technology.  See Library of Parliament Legislative Summary, Pub. No. 40-3-C28-E (Feb. 4, 2011), at 5-6.

If Clause 6(8) is repealed, telemarketing in Canada will have to conform to the core requirement of consent ("opt-in"), which is stricter than what is currently required under the Do Not Call ("opt-out") framework.  See Library of Parliament Legislative Summary, Pub. No. 40-3-C28-E (Feb. 4, 2011), at 3-4, 5-6.