FAQ

Borden Ladner Gervais prepared this content for Colleges Ontario.
Latest Date: August 7th, 2017

1. What is the purpose of CASL?

CASL is intended to prevent the sending of SPAM or more specifically, unsolicited commercial electronic messages (“CEMs”). From an operational perspective, CASL is intended to prevent the sending of CEMs except where the recipient has indicated a wish to receive them from the sender.

2. Who enforces CASL?

3. What are the possible consequences for non-compliance?

4. What is the main requirement under CASL?

5. What is a CEM? Does CASL apply to text messages, voicemails and faxes?

6. Does CASL apply to mass CEMs or do single CEMs count?

7. What is considered “commercial” in the context of the Colleges?

8. Extra-territorial application – does CASL apply to CEMs sent by a College to students or alumni outside of Canada? What about CEMs sent by a College’s foreign campuses or agents?

9. What does “express consent” mean? How should I obtain express consent? Are there any best practices?

10. Does express consent ever expire?

11. What are the “Content Requirements” of CEMs?