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House of Commons INDU Committee Calls For Clarification to Canada’s Anti-Spam Legislation (CASL)

January 3, 2018

London, ON, December 28, 2017 – On December 12, the House of Commons INDU Committee completed a statutory review of Canada’s Anti-Spam Legislation (CASL) pursuant to s. 65 of the Act. On December 13, INDU published a report titled, Canada’s Anti-Spam Legislation: Clarifications Are In Order. 

The report’s spirit and many recommendations take aim at making sure the Act hasn’t created unintended consequences. As examples, in the report’s 13 recommendations, some include encouraging the government to clarify “commercial electronic message”, “implied consent”, “express consent”, etc. “to ensure that the provisions as enacted in the Act are clear and understandable for parties subject to the legislation and do not create unintended cost of compliance.” 

Probably the most poignant paragraph is in the summary on page 13 where it reads: 

“While improving guidance and education should be a priority moving forward, it can only achieve so much. The Act and its regulations require clarifications to reduce the cost of compliance and better focus enforcement. Provisions defining “commercial electronic message,” consent, and “business-to-business” messages, among others, warrant the attention of the Government of Canada. The Government will be in a better position to assess the impact of the coming into force of the private right of action once these clarifications are implemented.”

tbk Creative’s president, Andrew Schiestel, was involved extensively in this review process having provided witness testimony before the committee on October 19, 2017, served on policy taskforces with the Canadian Chamber of Commerce and the Coalition of Technology and Business Associations, wrote an open letter to the committee (and other government officials), founded the not-for-profit organization Lighten CASL Inc. and was cited in the report on a number of occasions.

Schiestel had this to say of the INDU report: “The report, taken insularly, doesn’t have the force and effect to reform the Act and as a result, continued work needs to be done by our government and stakeholders. However, its creation and prescriptions is a notable gesture that can act as an important step towards the Act being improved to be easier for companies to comply with while still protecting consumers.”

About tbk

At 39 team members, founded in 2010, and based in London, ON., tbk is a company that helps other companies successfully compete. They do this through producing some of Canada’s most effective web design, branding, digital marketing and marketing software solutions. For four consecutive years (2016-2019), Consumer Choice Award has named tbk Top Web Design Provider in London. They are also the makers of the web accessibility software, AODA Online, which has serviced over 1,000 corporate users. To learn more visit,

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Melissa McInerney
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