CONFLICT OF PROVISIONS

Marginal note:Precedence of this Act

 In the event of a conflict between a provision of this Act and a provision of Part 1 of the Personal Information Protection and Electronic Documents Act, the provision of this Act operates despite the provision of that Part, to the extent of the conflict.

PURPOSE

Marginal note:Purpose of Act

 The purpose of this Act is to promote the efficiency and adaptability of the Canadian economy by regulating commercial conduct that discourages the use of electronic means to carry out commercial activities, because that conduct

  • (a) impairs the availability, reliability, efficiency and optimal use of electronic means to carry out commercial activities;

  • (b) imposes additional costs on businesses and consumers;

  • (c) compromises privacy and the security of confidential information; and

  • (d) undermines the confidence of Canadians in the use of electronic means of communication to carry out their commercial activities in Canada and abroad.

HER MAJESTY

Marginal note:Act binding on certain agents

 This Act is binding on any corporation that is expressly declared by or under any Act of Parliament or of the legislature of a province to be an agent of Her Majesty, when the corporation is acting as such in the course of any commercial activity.

APPLICATION

Marginal note:Broadcasting excluded

 This Act does not apply in respect of broadcasting by a broadcasting undertaking, as those terms are defined in subsection 2(1) of the Broadcasting Act.

REQUIREMENTS AND PROHIBITIONS

Marginal note:Unsolicited electronic messages
  •  (1) It is prohibited to send or cause or permit to be sent to an electronic address a commercial electronic message unless

    • (a) the person to whom the message is sent has consented to receiving it, whether the consent is express or implied; and

    • (b) the message complies with subsection (2).

  • Marginal note:Contents of message

    (2) The message must be in a form that conforms to the prescribed requirements and must

    • (a) set out prescribed information that identifies the person who sent the message and the person — if different — on whose behalf it is sent;

    • (b) set out information enabling the person to whom the message is sent to readily contact one of the persons referred to in paragraph (a); and

    • (c) set out an unsubscribe mechanism in accordance with subsection 11(1).

  • Marginal note:Period of validity of contact information

    (3) The person who sends the commercial electronic message and the person — if different — on whose behalf the commercial electronic message is sent must ensure that the contact information referred to in paragraph (2)(b) is valid for a minimum of 60 days after the message has been sent.

  • Marginal note:Interpretation

    (4) For the purposes of subsection (1)

    • (a) an electronic message is considered to have been sent once its transmission has been initiated; and

    • (b) it is immaterial whether the electronic address to which an electronic message is sent exists or whether an electronic message reaches its intended destination.

  • Marginal note:Exception

    (5) This section does not apply to a commercial electronic message

    • (a) that is sent by or on behalf of an individual to another individual with whom they have a personal or family relationship, as defined in the regulations;

    • (b) that is sent to a person who is engaged in a commercial activity and consists solely of an inquiry or application related to that activity; or

    • (c) that is of a class, or is sent in circumstances, specified in the regulations.

  • Marginal note:Exception

    (6) Paragraph (1)(a) does not apply to a commercial electronic message that solely

    • (a) provides a quote or estimate for the supply of a product, goods, a service, land or an interest or right in land, if the quote or estimate was requested by the person to whom the message is sent;

    • (b) facilitates, completes or confirms a commercial transaction that the person to whom the message is sent previously agreed to enter into with the person who sent the message or the person — if different — on whose behalf it is sent;

    • (c) provides warranty information, product recall information or safety or security information about a product, goods or a service that the person to whom the message is sent uses, has used or has purchased;

    • (d) provides notification of factual information about

      • (i) the ongoing use or ongoing purchase by the person to whom the message is sent of a product, goods or a service offered under a subscription, membership, account, loan or similar relationship by the person who sent the message or the person — if different — on whose behalf it is sent, or

      • (ii) the ongoing subscription, membership, account, loan or similar relationship of the person to whom the message is sent;

    • (e) provides information directly related to an employment relationship or related benefit plan in which the person to whom the message is sent is currently involved, is currently participating or is currently enrolled;

    • (f) delivers a product, goods or a service, including product updates or upgrades, that the person to whom the message is sent is entitled to receive under the terms of a transaction that they have previously entered into with the person who sent the message or the person — if different — on whose behalf it is sent; or

    • (g) communicates for a purpose specified in the regulations.

  • Marginal note:Exception

    (7) This section does not apply to a telecommunications service provider merely because the service provider provides a telecommunications service that enables the transmission of the message.

  • Marginal note:Exception

    (8) This section does not apply to a commercial electronic message

    • (a) that is, in whole or in part, an interactive two-way voice communication between individuals;

    • (b) that is sent by means of a facsimile to a telephone account; or

    • (c) that is a voice recording sent to a telephone account.