TORONTO – Class actions to prosecute spammers will not be possible on July 1 , as provided by the Canadian Anti-Spam Act.
The Government of Canada said Wednesday in a press release that it “suspended the application of certain provisions of the CGPA in response to general concerns raised by companies, charities and not-for-profit groups “.
A survey conducted earlier this spring by Certimail among 99 small and medium-sized enterprises (SMEs) in Quebec indicated that only 37% of respondents had taken a compliance approach to comply with anti-spam legislation.
“Canadians deserve effective legislation to protect them from spam and other electronic threats that can lead to harassment, identity theft and fraud. At the same time, Canadian businesses, charities and not-for-profit groups should not bear the burden of red tape and unnecessary compliance costs, “said the Department of Innovation, Science And Economic Development in its press release.
Provisions allowing class actions are therefore suspended. Violators may still be prosecuted, but only by the Competition Bureau and the CRTC.
For Philippe Le Roux, President of Certimail, “the government recognizes that the CRTC’s education work has not lived up to the complexity of Bill C-28 and its impact on legitimate businesses.”
“This announcement gives entrepreneurs a few more months to implement their compliance program before being at the mercy of shark lawyers and malicious people,” he added.