Spectrum, Information Technologies and Telecommunications

Electronic Commerce Protection Regulations

Amendments to the Regulations Specifying Investigative Bodies

Amendments to the Regulations Specifying Investigative Bodies

Amendments to the Radiocommunication Regulations

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Regulatory Initiative: Electronic Commerce Protection Regulations – Forward Regulatory Plan 2013-15

Title or working title of the regulatory initiative:

Electronic Commerce Protection Regulations

Description of objective:

The proposed new Electronic Commerce Protection Regulations would define key terms and concepts necessary to bring Canada’s Anti-Spam Legislation (CASL) into force and to effectively combat spam and other related electronic threats in Canada.

The intent of the new legislation is to deter the most damaging and deceptive forms of spam from occurring in Canada.

Spam includes more than unsolicited commercial messages. It has become the vehicle for a wide range of threats to online commerce affecting individuals, businesses and network providers. It can lead to the theft of personal data to rob bank and credit card accounts (identity theft); online fraud luring individuals to counterfeit websites (phishing); the collection of personal information through illicit access to computer systems (spyware); and false or misleading representations in the online marketplace.

Businesses are victimized by the counterfeiting of business websites to defraud individuals and businesses (spoofing). Network providers – recognizing that spam represents 75 to 90 percent of all email traffic – are forced to invest ever-increasing resources to prevent spam from entering their networks. Once established, spam slows networks down, and spam-borne viruses and other malicious software (malware) are used to operate networks of "zombie" computers (botnets) without their owners' knowledge. These network attacks threaten the stability of the Internet and online services.

The proposed Regulations would define certain relationships exempted from the anti-spam provisions of CASL (e.g., “family relationship” and "personal relationship") and set conditions for the use of third party referrals for the purposes of CASL.

The proposed Regulations would also address the concerns raised during the 2011 pre-publication period regarding everyday business transactions. In particular, they would provide exemptions for certain business activities outside the intended scope of CASL.

Indication of business impacts:

There are no expected business impacts.

Note:  The statement that there are no expected business impacts is an indication that the One-for-One Rule and the Small Business Lens are not expected to apply.

Public Consultation:

Interested stakeholders had the opportunity to comment when the proposed regulations were pre-published in Canada Gazette, Part 1 on January 5, 2013.

Departmental Contact:

Spectrum, Information Technologies and Telecommunications

If you wish to contact the department please use the following address: digital.policy@ic.gc.ca

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians Web sites.

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Regulatory Initiative: Amendments to the Regulations Specifying Investigative Bodies – Forward Regulatory Plan 2013-15

Title or working title of the regulatory initiative:

Amendments to the Regulations Specifying Investigative Bodies

Description of objective:

The proposed amendments are to the Regulations Specifying Investigative Bodies, under the authority of the Personal Information Protection and Electronic Documents Act (PIPEDA).

Generally, the purpose of PIPEDA is to establish, in an era in which technology increasingly facilitates the circulation and exchange of information, rules to govern the collection, use and disclosure of personal information in a manner that recognizes the right of privacy of individuals with respect to their personal information and the need of organizations to collect, use or disclose personal information for purposes that a reasonable person would consider appropriate in the circumstances.

The proposed amendments would designate four new provincial medical colleges as investigative bodies in accordance with paragraph 26(1) (a.01) of the PIPEDA .  As a result of this designation, the four investigative bodies could receive and disclose personal information for the purposes of investigating a breach of agreement or a contravention of federal or provincial law, without the consent of the person who is the subject of the information request.

Indication of business impacts:

There are no expected business impacts.

Note:  The statement that there are no expected business impacts is an indication that the One-for-One Rule and the Small Business Lens are not expected to apply.

Public Consultation:

Interested stakeholders will have the opportunity to comment when the proposed amendments are pre-published in Canada Gazette, Part 1 (timing TBD).

Departmental Contact:

Spectrum, Information Technologies and Telecommunications

If you wish to contact the department please use the following address: digital.policy@ic.gc.ca

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians Web sites.

_________________________________________________

Regulatory Initiative: Amendments to the Regulations Specifying Investigative Bodies – Forward Regulatory Plan 2013-15

Title or working title of the regulatory initiative:

Amendments to the Regulations Specifying Investigative Bodies

Description of objective:

The proposed amendments are to the Regulations Specifying Investigative Bodies, under the authority ofthe Personal Information Protection and Electronic Documents Act (PIPEDA).

Generally, the purpose of PIPEDA is to establish, in an era in which technology increasingly facilitates the circulation and exchange of information, rules to govern the collection, use and disclosure of personal information in a manner that recognizes the right of privacy of individuals with respect to their personal information and the need of organizations to collect, use or disclose personal information for purposes that a reasonable person would consider appropriate in the circumstances.

The proposed amendments would designate two additional organizations as investigative bodies in accordance with paragraph 26(1) (a.01) of the PIPEDA.  As a result of this designation, the two proposed investigative bodies could receive and disclose personal information for the purposes of investigating a breach of agreement or a contravention of federal or provincial law, without the consent .

Indication of business impacts:

There are no expected business impacts.

Note:  The statement that there are no expected business impacts is an indication that the One-for-One Rule and the Small Business Lens are not expected to apply.

Public Consultation:

Interested stakeholders will have the opportunity to comment when the proposed amendments are pre-published in Canada Gazette, Part 1 (timing TBD).

Departmental Contact:

Spectrum, Information Technologies and Telecommunications

If you wish to contact the department please use the following address: digital.policy@ic.gc.ca

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians Web sites.

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Regulatory Initiative: Amendments to the Radiocommunication Regulations – Forward Regulatory Plan 2013-15

Title or working title of the regulatory initiative:

Amendments to the Radiocommunication Regulations

Description of objective:

The proposed amendments are to the Radiocommunication Regulations, under the authority of thehe purpose of the Radiocommunication Act.

The purpose of the Radiocommunication Act and Radiocommunication Regulations is to manage the radiofrequency spectrum resource for the benefit of Canadians.

The principal purpose of the proposal is to simplify the eligibility requirements in the Regulations to reflect changes made by the Government in the 2012 Budget to the ownership and control requirements in the Telecommunications Act.  The proposal includes additional minor amendments to update the Regulations and increase clarity. 

Indication of business impacts:

There may be business impacts.  The “One-for-One” Rule and/or the Small Business Lens may apply.

Public Consultation:

Interested stakeholders will have the opportunity to comment when the proposed amendments are pre-published in Canada Gazette, Part 1 (timing TBD).

Departmental Contact:

Spectrum, Information Technologies and Telecommunications

If you wish to contact the department please use the following address: Reg.Prepub@ic.gc.ca

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians Web sites.