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Who needs to know about this law?

Anyone who makes use of commercial electronic messages, is involved with the alteration of transmission data, or produces or installs computer programs needs to be aware of this law.

When will the final regulations be posted?

Final regulations from the CRTC were posted on March 28, 2012 and can be found on the CRTC website.

Revised Governor in Council draft Regulations for the anti-spam legislation have been pre-published in the Canada Gazette for a consultation period of 30 days beginning January 5 and ending February 4, 2013. They can be found on the Canada Gazette website.

All regulations will come into force at the same time as the legislation, when they receive final Governor in Council approval.

When does the law come into force?

Canada's new anti-spam law was passed in December 2010 and will enter into force following a Governor in Council order. A specific date for coming into force will be set in the coming months.

Regardless of the date set for coming into force, will there be a phase-in period for compliance to allow businesses and organizations time to implement the requirements within their systems in order to ensure they are compliant with the law? In other words, will the coming into force date and the compliance dates be different?

The coming into force date will be the date for compliance with the legislation. However, businesses subject to the Act should start reviewing their existing activities now to prepare for compliance and coming into force. Once the regulations are published in final form, there will be a period of time between that date and the coming into force of these provisions, which will enable businesses and organizations to have time to comply with the requirements set out in the regulations (such as what information needs to be included in a commercial electronic message).

There is also a 3-year transitional period that starts when the legislation enters into force during which consent to send commercial electronic messages is implied in the case of pre-existing business and non-business relationships. Similarly, consent is implied for the same period for the installation of updates and or upgrades to computer programs. Note, however, that this period will end if the recipient of the commercial electronic messages says that they don't want to receive any more commercial messages or if the person on whose system the update or upgrade have been installed withdraw their consent to such installations (section 66 and 67).

Note that some parts of the law have already come into force, particularly some provisions involving the Personal Information Protection and Electronic Documents Act (PIPEDA). For more information, please see the Office of the Privacy Commissioner of Canada.

What should I do with the spam I receive now?

At the present time, we recommend that you simply delete the spam messages you receive.

For information on how to protect yourself from spam and other electronic threats, visit How to Protect Yourself Online and While Mobile.

Does Canada's anti-spam law deal only with spam?

No. It also deals with other electronic threats to commerce, such as the installation of computer programs and the alteration of transmission data, without express consent. These threats also include the installation of malware, such as computer viruses.

What does "spam and other electronic threats" mean?

Under Canada's anti-spam legislation, there are various types of violations including the sending of unsolicited commercial electronic messages, the unauthorized alteration of transmission data, the installation of computer programs without consent, false and misleading electronic representations online (including websites), the unauthorized collection of electronic addresses and the collection of personal information by accessing a computer system in contravention of an Act of Parliament.

These violations include, but are not limited to, spam, malware, spyware, address harvesting and false and misleading representations involving the use of any means of telecommunications, Short Message Services (SMS), social networking, websites, URL's and other locators, applications, blogs, Voice over Internet Protocol (VoIP), and any other current and future internet and wireless telecommunication threats prohibited by Canada's anti-spam legislation.

It may be very hard for you to determine if your address has been harvested. However, you can still help in the effort to fight back against this activity by reporting suspicious electronic messages to the Spam Reporting Centre when it opens.

What is meant by "collection of personal information through access to computer systems contrary to an Act of Parliament"?

Generally, this refers to the collection of people's personal information from a computer through illicit means such as criminal hacking or spyware.

How can I know if my computer has been infected with malware such as spyware which can collect my personal information? And if it has been, what should I do about it?

Here are a few common signs that your computer may be infected:

• It is functioning far more slowly than usual;
• Your Internet homepage has been reset without you having done anything;
• When examining your file system, you notice a program there which you have not installed yourself.

If you notice any of these signs, you should get in touch with an information technology expert for necessary cleaning or repairs.

For more information on ensuring compliance with the false or misleading representations provisions of the Competition Act, please consult the Competition Bureau's website at www.competitionbureau.gc.ca.

What is the Competition Bureau's role with respect to Canada's anti-spam law?

The Competition Bureau will investigate and take action where appropriate against false or misleading representations and deceptive marketing practices in the electronic marketplace. The Competition Bureau, as an independent law enforcement agency, ensures that Canadian businesses and consumers prosper in a competitive and innovative marketplace.

What changes have been made to the Competition Act?

The new law amends the Competition Act in two key areas.

First, new provisions have been added and others modified so that the Bureau can more effectively address false or misleading representations and deceptive marketing practices in the electronic marketplace, including false or misleading sender or subject matter information, electronic messages, and locator information such as URLs and metadata.

Second, it includes technology-neutral language that catches emerging technologies. This will assist the Bureau in enforcing provisions in the Competition Act as technological threats evolve.

What is the Office of the Privacy Commissioner's role with respect to Canada's anti-spam law?

The Office of the Privacy Commissioner of Canada protects the personal information of Canadians. The new law will allow the Commissioner to enforce the legislation with respect to two types of conduct:

• the collection of personal information through access to computer systems contrary to an act of parliament;
• electronic address harvesting where bulk email lists are compiled through mechanisms; including the use of computer programs that automatically mine the Internet for addresses.