Since Canada’s Anti-Spam Legislation (the Act) came into force in 2014, the amount of spam originating from Canada has decreased by more than a third. While critics of the Act claim that its prescriptive and often unclear provisions have a chilling effect on commercial electronic communications, others observe that the Act increases the effectiveness of electronic marketing, protects the autonomy and privacy of consumers, and reduces the costs associated with unsolicited commercial electronic messages.

The evidence presented during this statutory review reveals wide differences of opinion about how the Act should be interpreted. The Committee joins its voice to that of witnesses demanding clear, effective, accessible and regularly updated guidance materials from enforcement agencies. Such materials should be designed with their end users in mind and supported by their feedback.

While improving guidance and education should be a priority moving forward, it can only achieve so much. The Act and its regulations require clarifications to reduce the cost of compliance and better focus enforcement. Provisions defining “commercial electronic message,” consent, and “business-to-business” messages, among others, warrant the attention of the Government of Canada. The Government will be in a better position to assess the impact of the coming into force of the private right of action once these clarifications are implemented.