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Industry committee For us, investigation and enforcement will continue. There will be no change to that. I will add, though, that with respect to the delay of the private right of action, there will be no remedy for consumers and Canadian citizens to obtain damages. When we issue an administrativ
November 9th, 2017Committee meeting
Kelly-Anne Smith
Industry committee With the way in which the definitions in the act are worded—i.e., for “commercial electronic message” and “electronic address”—there are features of social media where CASL does capture them. Using Facebook as an example, there's a feature where you can send a direct message to s
November 9th, 2017Committee meeting
Kelly-Anne Smith
Industry committee It does, yes.
November 9th, 2017Committee meeting
Kelly-Anne Smith
Industry committee With respect to social media, yes, we have received complaints about social media. With respect to actioning those complaints, I will defer to my colleague Neil to answer that.
November 9th, 2017Committee meeting
Kelly-Anne Smith
Industry committee Absolutely.
November 9th, 2017Committee meeting
Kelly-Anne Smith
Industry committee As I mentioned, I think subsection 6(6) is definitely an area that, if you could tweak it, that would improve my life 100%.
November 9th, 2017Committee meeting
Kelly-Anne Smith
Industry committee Yes.
November 9th, 2017Committee meeting
Kelly-Anne Smith
Industry committee Another one would be some of the overlaps in the exemptions. I did give the example of an existing business relationship and a business-to-business relationship in the GIC regulations. I would have to refresh my memory as to which sections, but there is also, in the GIC regulat
November 9th, 2017Committee meeting
Kelly-Anne Smith
Industry committee I think so.
November 9th, 2017Committee meeting
Kelly-Anne Smith
Industry committee I think maybe you could tighten up the exemptions. There are areas where there's an overlap. In the GIC regulations, there's the exemption where, if you're a business and you have a relationship, you can send to another business. But then there's the existing business relationshi
November 9th, 2017Committee meeting
Kelly-Anne Smith
Industry committee I'm going to be very cautious here, but I think there is likely an opportunity to clarify with respect to subsection 6(6). Subsection 6(6) is a bit of an oxymoron in that it says that these commercial electronic messages are exempt for consent purposes. But if you look at what
November 9th, 2017Committee meeting
Kelly-Anne Smith
Industry committee The definition in the act is a broad definition, I think. We have heard as well that there's a lack of clarity with respect to the definition. I think the definition contains other definitions, other terms that you need to refer to other terms, in order to determine what those te
November 9th, 2017Committee meeting
Kelly-Anne Smith
Industry committee There is a multitude of exemptions, there's no doubt, and I think in some cases there is an overlap.
November 9th, 2017Committee meeting
Kelly-Anne Smith
Industry committee We have a legal responsibility when looking at the administrative monetary penalty. It's one of the factors that we have to look at. If there is recidivism, if there has been a past violation or a past undertaking, we have to take that into consideration in determining the quantu
November 9th, 2017Committee meeting
Kelly-Anne Smith
Industry committee No. Any administrative monetary penalty that we issue and collect and any specified quantum that we would collect as part of an undertaking goes to the Receiver General for Canada. It does not come back to the CRTC. We're not on any kind of cost recovery.
November 9th, 2017Committee meeting
Kelly-Anne Smith