CONSOLIDATION

Electronic Commerce Protection Regulations

SOR/2013-221

Current to June 20, 2022 Last amended on January 15, 2015



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. The last amendments came into force on January 15, 2015. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022 Last amended on January 15, 2015

TABLE OF PROVISIONS Electronic Commerce Protection Regulations

Definition 1

Definition of Act

Family Relationship and Personal Relationship 2

Family and personal relationships

Excluded Commercial Electronic Messages 3

Excluded messages — Section 6 of Act

Excluded messages — Paragraph 6(1)(a) of Act

Conditions for Use of Consent 5

Person whose identity is unknown

Specified Computer Programs 6

Specified programs

Membership, Club, Association and Voluntary Organization 7

Membership

Coming into Force *8

S.C. 2010, c. 23

SCHEDULE

List of Foreign States

Current to June 20, 2022 Last amended on January 15, 2015

ii

Registration SOR/2013-221

December 4, 2013

AN ACT TO PROMOTE EFFICIENCY AND ADAPTABILITY OF THE CANADIAN ECONOMY BY REGULATING CERTAIN ACTIVITIES THAT DISCOURAGE RELIANCE ON ELECTRONIC MEANS OF CARRYING OUT COMMERCIAL ACTIVITIES, AND TO AMEND THE CANADIAN RADIOTELEVISION AND TELECOMMUNICATIONS COMMISSION ACT, THE COMPETITION ACT, THE PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT AND THE TELECOMMUNICATIONS ACT

Electronic Commerce Protection Regulations

P.C. 2013-1324

December 3, 2013

His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to subsection 64(1) of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Acta, makes the annexed Electronic Commerce Protection Regulations.

a

S.C. 2010, c. 23

Current to June 20, 2022 Last amended on January 15, 2015

Electronic Commerce Protection Regulations

Definition Definition of Act 1 In these Regulations, Act means An Act to promote

the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act.

Family Relationship and Personal Relationship Family and personal relationships 2 For the purposes of paragraph 6(5)(a) of the Act, (a) family relationship means the relationship between an individual who sends a message and the individual to whom the message is sent if those individuals are related to one another through a marriage, common-law partnership or any legal parent-child relationship and those individuals have had direct, voluntary, two-way communication; and (b) personal relationship means the relationship between an individual who sends a message and the individual to whom the message is sent, if those individuals have had direct, voluntary, two-way communications and it would be reasonable to conclude that they have a personal relationship, taking into consideration any relevant factors such as the sharing of interests, experiences, opinions and information evidenced in the communications, the frequency of communication, the length of time since the parties communicated or whether the parties have met in person.

Current to June 20, 2022 Last amended on January 15, 2015

Electronic Commerce Protection Regulations Excluded Commercial Electronic Messages Section 3

Excluded Commercial Electronic Messages Excluded messages — Section 6 of Act 3 Section 6 of the Act does not apply to a commercial

electronic message (a) that is sent by an employee, representative, consultant or franchisee of an organization (i) to another employee, representative, consultant or franchisee of the organization and the message concerns the activities of the organization, or (ii) to an employee, representative, consultant or franchisee of another organization if the organizations have a relationship and the message concerns the activities of the organization to which the message is sent; (b) that is sent in response to a request, inquiry or complaint or is otherwise solicited by the person to whom the message is sent; (c) that is sent to a person (i) to satisfy a legal or juridical obligation, (ii) to provide notice of an existing or pending right, legal or juridical obligation, court order, judgment or tariff, (iii) to enforce a right, legal or juridical obligation, court order, judgment or tariff, or (iv) to enforce a right arising under a law of Canada, of a province or municipality of Canada or of a foreign state; (d) that is sent and received on an electronic messaging service if the information and unsubscribe mechanism that are required under subsection 6(2) of the Act are conspicuously published and readily available on the user interface through which the message is accessed, and the person to whom the message is sent consents to receive it either expressly or by implication; (e) that is sent to a limited-access secure and confidential account to which messages can only be sent by the person who provides the account to the person who receives the message; (f) if the person who sends the message or causes or

permits it to be sent reasonably believes the message

Current to June 20, 2022 Last amended on January 15, 2015

Electronic Commerce Protection Regulations Excluded Commercial Electronic Messages Sections 3-5

will be accessed in a foreign state that is listed in the schedule and the message conforms to the law of the foreign state that addresses conduct that is substantially similar to conduct prohibited under section 6 of the Act; (g) that is sent by or on behalf of a registered charity as defined in subsection 248(1) of the Income Tax Act and the message has as its primary purpose raising funds for the charity; or (h) that is sent by or on behalf of a political party or organization, or a person who is a candidate – as defined in an Act of Parliament or the legislature of a province – for publicly elected office and the message has as its primary purpose soliciting a contribution as defined in subsection 2(1) of the Canada Elections Act.

Excluded messages — Paragraph 6(1)(a) of Act 4 (1) Paragraph 6(1)(a) of the Act does not apply to the first commercial electronic message that is sent by a person for the purpose of contacting the individual to whom the message is sent following a referral by any individual who has an existing business relationship, an existing non-business relationship, a family relationship or a personal relationship with the person who sends the message as well as any of those relationships with the individual to whom the message is sent and that discloses the full name of the individual or individuals who made the referral and states that the message is sent as a result of the referral.

Existing business or non-business relationship (2) An existing business relationship or an existing nonbusiness relationship has the same meaning as in subsection 10(10) or (13) of the Act, respectively.

Conditions for Use of Consent Person whose identity is unknown 5 (1) For the purposes of paragraph 10(2)(b) of the Act, a person who obtained express consent on behalf of a person whose identity was unknown may authorize any person to use the consent on the condition that the person who obtained it ensures that, in any commercial electronic message sent to the person from whom consent was obtained, (a) the person who obtained consent is identified; and

Current to June 20, 2022 Last amended on January 15, 2015

Electronic Commerce Protection Regulations Conditions for Use of Consent Sections 5-6

(b) the authorized person provides an unsubscribe

mechanism that, in addition to meeting the requirements set out in section 11 of the Act, allows the person from whom consent was obtained to withdraw their consent from the person who obtained consent or any other person who is authorized to use it. Person who obtained consent (2) The person who obtained consent must ensure that,

on receipt of an indication of withdrawal of consent by the authorized person who sent the commercial electronic message, the authorized person notifies the person who obtained consent that consent has been withdrawn from, as the case may be, (a) the person who obtained consent; (b) the authorized person who sent the commercial electronic message; or (c) any other person who is authorized to use the consent.

Notification of other authorized person (3) The person who obtained consent must without delay

inform a person referred to in paragraph (2)(c) of the withdrawal of consent on receipt of a notification of withdrawal of consent from the person referred to in that paragraph. Give effect to withdrawal of consent (4) The person who obtained consent must give effect to a withdrawal of consent in accordance with subsection 11(3) of the Act, and, if applicable, ensure that a person referred to in paragraph (2)(c) also gives effect to the withdrawal in accordance with that subsection.

Specified Computer Programs Specified programs 6 The following programs are specified for the purposes

of subparagraph 10(8)(a)(vi) of the Act: (a) a program that is installed by or on behalf of a

telecommunications service provider solely to protect the security of all or part of its network from a current and identifiable threat to the availability, reliability, efficiency or optimal use of its network; (b) a program that is installed, for the purpose of updating or upgrading the network, by or on behalf of the telecommunications service provider who owns or operates the network on the computer systems that constitute all or part of the network; and

Current to June 20, 2022 Last amended on January 15, 2015

Electronic Commerce Protection Regulations Specified Computer Programs Sections 6-8

(c) a program that is necessary to correct a failure in

the operation of the computer system or a program installed on it and is installed solely for that purpose.

Membership, Club, Association and Voluntary Organization Membership 7 (1) For the purposes of paragraph 10(13)(c) of the Act,

membership is the status of having been accepted as a member of a club, association or voluntary organization in accordance with its membership requirements.

Club, association or voluntary organization (2) For the purposes of paragraph 10(13)(c) of the Act, a

club, association or voluntary organization is a non-profit organization that is organized and operated exclusively for social welfare, civic improvement, pleasure or recreation or for any purpose other than personal profit, if no part of its income is payable to, or otherwise available for the personal benefit of, any proprietor, member or shareholder of that organization unless the proprietor, member or shareholder is an organization whose primary purpose is the promotion of amateur athletics in Canada.

Coming into Force S.C. 2010, c. 23 8 (1) These Regulations, except section 6, come into force on the day on which sections 6, 7, 9 to 11 and subsection 64(1) of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (“the Act”), chapter 23 of the Statutes of Canada, come into force, but if they are registered after that day, they come into force on the day on which they are registered. *

Section 6 (2) Section 6 comes into force on the day on which section 8 of the Act, referred to in subsection (1), comes into force. [Note: Regulations, except section 6, in force July 1, 2014, section 6 in force January 15, 2015, see SI/2013-127.] *

Current to June 20, 2022 Last amended on January 15, 2015

Electronic Commerce Protection Regulations SCHEDULE List of Foreign States

SCHEDULE (Paragraph 3(f))

List of Foreign States Albania Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Bhutan Bosnia Botswana Brazil British Virgin Islands Bulgaria Burkina Faso Burma (Myanmar) Cambodia Cameroon Cayman Islands Central African Republic Chile China Colombia Costa Rica Croatia Cyprus Czech Republic Denmark Dominica Dominican Republic Ecuador Estonia Finland France Gambia

Current to June 20, 2022 Last amended on January 15, 2015

Electronic Commerce Protection Regulations SCHEDULE List of Foreign States

Georgia Germany Ghana Greece Grenada Guatemala Hong Kong Hungary Iceland India Indonesia Ireland Israel Italy Jamaica Japan Jordan Kazakhstan Kenya Latvia Liechtenstein Lithuania Luxembourg Macedonia Malaysia Malta Mauritius Moldova Montenegro Morocco Mozambique Namibia Nepal Netherlands New Zealand Norway Pakistan Peru Philippines Poland Portugal Puerto Rico Qatar Romania Russia Saint Lucia

Current to June 20, 2022 Last amended on January 15, 2015

Electronic Commerce Protection Regulations SCHEDULE List of Foreign States

Saint Vincent and the Grenadines Saudi Arabia Serbia Sierra Leone Singapore Slovakia Slovenia South Africa South Korea Spain Sri Lanka Sweden Switzerland Tanzania Thailand Tonga Trinidad and Tobago Tunisia Turkey Turks and Caicos Uganda Ukraine United Arab Emirates United Kingdom United States of America United States Virgin Islands Venezuela Vietnam Zambia

Current to June 20, 2022 Last amended on January 15, 2015

