Industry committee  I guess it gets to the point of the legislation, which is how one would define what is malicious and what is not malicious. Basically, the idea behind this piece of legislation is that it is a compliant regime, designed to encourage compliance with the rules set out in the legisl

Industry committee  Well, we did our homework in terms of direct marketing, and we spoke to our colleagues in New Zealand and Australia when we were developing the legislation. In fact, most of the definitional aspects of the legislation were taken directly from the Australian and New Zealand models

Industry committee  We're heading down the street of having specific definitions for express consent and implied consent, and trying to create a model for implied consent under the existing business relationship and the existing non-business relationship and the other factors we've set out here, par

Industry committee  Which section are you looking at?

Industry committee  Philip might be better able to provide the rationale for this. The one under subclause 8(2) is just a technical amendment to clarify that the person is in Canada when they give the directions.

Industry committee  It's not for that at all.

Industry committee  No. The jurisdictional scope of the legislation is for communications sent to Canadians or to Canada, sent from Canada, or routed through Canadian networks.

Industry committee  No.

Industry committee  I want to be sure I clearly understand your question. Are you talking about a case in which you would like to tell a business that you no longer want to receive e-mails from it? Then we're talking about the number of days the business has to take the necessary steps to meet your

Industry committee  We carefully considered that question. In the context of the committee, there was talk, concerning the Do not call list, of a 31-day time frame to respond to that request. We made a minor change. As you can see, the bill now refers to 10 working days. The idea was to grant 10 day

Industry committee  I think you're dealing specifically with a set of circumstances, whether the check box is ticked or whether it's not ticked. You get right down to the basics. The American model is an opt-out model, whereby nobody has to have prior consent or permission to send out any commercial

Industry committee  Well, we have measured within our borders and around the world what percentage of all e-mail traffic is spam, and estimates vary, with between 75% and up to about 92% or 93% being garbage. So 90% of traffic is garbage that we're either having to filter through or it's getting int

Industry committee  Yes, in many of the clauses within the bill, and then more clearly under clause 63, you will see that the Governor in Council has the capacity to make regulations regarding certain aspects of the bill, and then generally, for the proper functioning and application of the legislat

Industry committee  If I could quantify that, the 36-month transitional period only applies to existing business relationships and existing non-business relationships. So there is a quantification there. The burden of proof is still that you must have had that existing business relationship—if it's

Industry committee  We haven't done that anywhere in the legislation. The legislation applies to commercial activity. It doesn't matter whether you're a political party, a religious group, a charity, or Sears; it's the activity that people are engaging in that we're saying you have to get express co