Marginal note:Review of Act by Parliamentary committee

 Three years after the day on which this section comes into force, a review of the provisions and operation of this Act must be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose.

TRANSITIONAL PROVISIONS

Marginal note:Existing business or non-business relationships

 A person’s consent to receiving commercial electronic messages from another person is implied until the person gives notification that they no longer consent to receiving such messages from that other person or until three years after the day on which section 6 comes into force, whichever is earlier, if, when that section comes into force,

  • (a) those persons have an existing business relationship or an existing non-business relationship, as defined in subsection 10(10) or (13), respectively, without regard to the period mentioned in that subsection; and

  • (b) the relationship includes the communication between them of commercial electronic messages.

Marginal note:Software updates and upgrades

 If a computer program was installed on a person’s computer system before section 8 comes into force, the person’s consent to the installation of an update or upgrade to the program is implied until the person gives notification that they no longer consent to receiving such an installation or until three years after the day on which section 8 comes into force, whichever is earlier.

AMENDMENT TO THIS ACT

 Subsection 6(8) of this Act is repealed.

R.S., c. C-22AMENDMENT TO THE CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION ACT

Marginal note:1993, c. 38, s. 85; 2001, c. 34, s. 31(E)

 Subsection 12(2) of the Canadian Radio-television and Telecommunications Commission Act is replaced by the following:

  • Marginal note:Telecommunications

    (2) The full-time members of the Commission and the Chairperson shall exercise the powers and perform the duties vested in the Commission and the Chairperson, respectively, by the Telecommunications Act or any special Act, as defined in subsection 2(1) of that Act, or by An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act.

R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19AMENDMENTS TO THE COMPETITION ACT

Marginal note:R.S., c. 19 (2nd Supp.), s. 20(3)
  •  (1) The definition “record” in subsection 2(1) of the Competition Act is replaced by the following:

    “record”

    « document »

    “record” means any information that is recorded on any medium and that is capable of being understood by a person or read by a computer system or other device;

  • (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    “computer system”

    « ordinateur »

    “computer system” has the same meaning as in subsection 342.1(2) of the Criminal Code;

    “data”

    « données »

    “data”, other than in Part III, means signs, signals, symbols or concepts that are being prepared or have been prepared in a form suitable for use in a computer system;

    “electronic message”

    « message électronique »

    “electronic message” means a message sent by any means of telecommunication, including a text, sound, voice or image message;

    “information”

    « renseignement »

    “information” includes data;

    “locator”

    « localisateur »

    “locator” means a name or information used to identify a source of data on a computer system, and includes a URL;

    “sender information”

    « renseignements sur l’expéditeur »

    “sender information” means the part of an electronic message — including the data relating to source, routing, addressing or signalling — that identifies or purports to identify the sender or the origin of the message;

    “subject matter information”

    « objet »

    “subject matter information” means the part of an electronic message that purports to summarize the contents of the message or to give an indication of them;