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Industry committee  Yes, but only if you are engaging in commercial activity. For example, if you try to sell tickets to a fundraising event or t-shirts with a logo on them, the legislation will apply to your party. If you are just taking a poll of the members in your region, the legislation will no

November 2nd, 2010Committee meeting

André Leduc

Industry committee  There is a deadline for existing relationships between people and businesses or non-businesses, charities for example. Based on that principle, a business has the right to send email to its customers if there has been a transaction between them within 24 months. It has in fact be

November 2nd, 2010Committee meeting

André Leduc

Industry committee  I guess that was part of the rationale for using the three enforcement agencies: it's an extension of what they're already doing, in most cases. Folks such as the Competition Bureau already have agreements and arrangements set up with folks such as the FTC, so we're plugged in al

November 2nd, 2010Committee meeting

André Leduc

Industry committee  It's a maximum penalty of $1 million per violation for individuals, $10 million for all other entities of all other persons, which are enterprises.

November 2nd, 2010Committee meeting

André Leduc

Industry committee  There's no obligation under the legislation that we provide a letter of warning. If we see something that is fairly malicious, we can enter right into an investigation and investigate that individual.

November 2nd, 2010Committee meeting

André Leduc

Industry committee  No. It's a best practice to ensure compliance. It's a regulatory regime built upon compliance; however, if we see a more egregious spammer, we don't have to serve him a notice of warning. We can go straight into the investigation, go in with a notice of violation, provide him wit

November 2nd, 2010Committee meeting

André Leduc

November 2nd, 2010Committee meeting

André Leduc

Industry committee  For the CRTC, it's estimated they'll have over 20 new personnel on board. Almost the same goes for the Competition Bureau. The OPC will hire six new investigators, and contract out their cyber-forensics side of the equation to academia, etc. They're only planning on hiring six fu

November 2nd, 2010Committee meeting

André Leduc

Industry committee  There are a few things there. This was based on best practices from our partners internationally. We've spoken to our counterparts in places like Australia. They said in order to be able to do this much, you'll need this much money. We bumped that up a little bit. So we've looked

November 2nd, 2010Committee meeting

André Leduc

Industry committee  No, it is not mandatory.

November 2nd, 2010Committee meeting

André Leduc

Industry committee  It is not mandatory because, as I said, there will be small and medium sized businesses that will not have the capacity to take on the automated method. For example, some minor sports organizations might send out a message twice a year. They just have to check their list before t

November 2nd, 2010Committee meeting

André Leduc

Industry committee  Big businesses could abuse such a deadline by not respecting the requests to opt out, by not providing an email address or a link to their web site to make a request to opt out. They could abuse the situation until the 29th day. That is why we thought 10 business days was reason

November 2nd, 2010Committee meeting

André Leduc

Industry committee  For example, when someone asks that their name be removed from the list, the business waits until the 29th day to respond to the request. The business disregards the request and continues to send email the entire time. It therefore needs to be done without delay.

November 2nd, 2010Committee meeting

André Leduc

Industry committee  Hence the reason for the phrase “without delay”. It also means that as soon as the business receives notice of a request to opt out, the business has to respond to it without delay. The 10-day deadline is really for businesses that do not have an automated system, which is quite

November 2nd, 2010Committee meeting

André Leduc

Industry committee  That's accurate. In the first instance, the bill clearly notes that the sending of the first commercial electronic message, even if it's just seeking consent, counts as an unsolicited commercial electronic message. This is one of the clauses that differentiates us from the Amer

November 2nd, 2010Committee meeting

André Leduc