Legal Definitions - Canadian Anti-Spam Law of 2010: Core Requirements

The Canadian Anti-Spam Law of 2010 sets out the rules for sending commercial electronic messages to electronic addresses. These messages must meet two basic criteria:

1. The recipient must have given their consent (either express or implied) to receive the message from the sender.
2. The message must meet the requirements of the law in terms of its form and content.

There are two exceptions to these requirements:

1. Messages between people who have a personal or family relationship.
2. Messages sent to business-people that consist only of an inquiry or application related to the recipients' business.

However, further exceptions and specifications may be provided by regulations enacted pursuant to the Law.

An "electronic message" is defined broadly in the Law and includes any message sent by any means of telecommunication, including text, sound, voice, or image messages. An "electronic address" is also broadly defined and includes any address used in connection with the transmission of an electronic message to an electronic mail account, instant messaging account, telephone account, or any similar account.

A "commercial electronic message" is distinguished from other types of electronic messages by its commercial purposes, which may be inferred from the content of the message, any links contained in the message, or the contact information specified in the message. These purposes include offers to purchase, sell, barter, or lease a product, goods, a service, land, or an interest or right in land; offers to provide a business, investment, or gaming opportunity; advertisements or promotions for any of the foregoing things; or promotions of a person who does any of the foregoing things.

The Canadian Anti-Spam Law of 2010 has adopted an "opt-in" framework for commercial messages, meaning that a sender must have obtained the recipient's consent (express or implied) or be subject to a specific exception before sending commercial electronic messages to the recipient.

• An email from a company offering a discount on their products is a commercial electronic message and must meet the requirements of the Canadian Anti-Spam Law of 2010.
• A text message from a friend inviting you to a party is not a commercial electronic message and is exempt from the requirements of the law.
• An email from a colleague asking for your opinion on a work-related matter is not a commercial electronic message and is exempt from the requirements of the law.

These examples illustrate how the Canadian Anti-Spam Law of 2010 applies to different types of electronic messages and how the requirements of the law must be met for commercial electronic messages.