[PDF] Information Bulletin CRTC 2012-548





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Compliance and Enforcement Information Bulletin

CRTC 2012-548

PDF version

Additional reference: Telecom Regulatory Policy 2012-183

Ottawa, 10 October 2012

Guidelines on the interpretation of the Electronic Commerce

Protection Regulations (CRTC)

In this information bulletin, the Commission sets out guidelines on the interpretation of several provisions of the Electronic Commerce Protection Regulations (CRTC) and provides examples of what it considers to be compliant behaviour.

Introduction

1. On 15 December 2010, Royal Assent was given to 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, S.C. 2010, c. 23 (the Act).

2. The Act gives the Commission the authority to regulate certain forms of electronic

contact, consisting of, the sending of commercial electronic messages (CEMs), the alteration of transmission data in electronic messages, and the installation of commercial activity. The fundamental underlying principle is that such activities may only be carried out with consent.

3. Under subsection 64(2) of the Act, the Commission may make regulations, among

other things, prescribing the form and certain information to be included in CEMs, and requests for consent with respect to the sending of CEMs, the alteration of transmission data in electronic messages, and the installation of computer programs.

4. In Telecom Regulatory Policy 2012-183, the Commission made the Electronic

Commerce Protection Regulations (CRTC) [the Regulations]. The Regulations prescribe the form and certain information to be included in CEMs and requests for consent with respect to the sending of CEMs, the alteration of transmission data in electronic messages, and the installation of computer programs. The Regulations will come into force on the day on which sections 6 to 11 and subsection 64(2) of the Act come into force. Information to be included in CEMs (section 2 of the Regulations) a. Whom to identify

5. Section 2 of the Regulations requires that each CEM set out information that

identifies the sender of the message and, if applicable, the person on whose behalf the message is sent, and include contact information for such persons.

6. The Commission considers that section 2 of the Regulations does not require that

persons situated between the person sending the message and the person on whose behalf the message is sent need necessarily be identified. For example, persons so situated may facilitate the distribution of a CEM but have no role in its content or choice of the recipients. In that event, the Commission considers that they do not need to be identified.

7. However, the Commission emphasizes that when a CEM is sent on behalf of

multiple persons, such as affiliates, all of these persons must be identified in a CEM. b. Mailing addresses

8. The Regulations require that a CEM set out, among other things, the mailing address

of the person sending the message or, if different, the mailing address of the person on whose behalf the message is sent [paragraph 2(1)(d)]. This contact information is also to be included in a request for consent [paragraph 4(d)].

9. The Commission considers that, for the purposes of the above-noted paragraphs of

the Regulations, DGGUHVVquotesdbs_dbs4.pdfusesText_7
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