Who enforces CASL and what powers do they have?

Canada's Anti-Spam Legislation (CASL) is enforced by three primary agencies with different jurisdictions. The Canadian Radio-television and Telecommunications Commission (CRTC) handles commercial electronic messages (spam), including consent requirements and unsubscribe obligations. The Office of the Privacy Commissioner (OPC) addresses the unauthorized collection of personal information through electronic means. The Competition Bureau enforces provisions related to false or misleading representations in electronic messages.

The CRTC has substantial enforcement powers under CASL. It can issue Administrative Monetary Penalties (AMPs) up to $1 million per violation for individuals and $10 million per violation for businesses. It can compel production of documents, information, and testimony. It can conduct audits and inspections. It can issue preservation demands to prevent destruction of evidence. It can also enter into compliance undertakings-negotiated agreements where violators commit to specific remedial actions in exchange for reduced penalties.

CASL enforcement has produced significant penalties. Major cases have resulted in penalties ranging from hundreds of thousands to millions of dollars for violations including sending commercial emails without consent, failing to include functional unsubscribe mechanisms, and misleading sender identification. The regulators coordinate with each other and with international counterparts for cross-border enforcement. CASL enforcement is real and substantial-Canadian businesses and those marketing to Canadian recipients must take compliance seriously, as the penalties demonstrate regulators' willingness to act.