Posts by Ted Hyland

Anti-Spam Legislation and Non-profits and Charities – Are you ready?

November 5th, 2012 by Ted Hyland

Preparations continue to lay the groundwork for the coming into force of Canada’s anti‑spam law.1  On October 10, 2012, the CRTC published two information guidelines regarding the legislation: Guidelines on the interpretation of the Electronic Commerce Protection Regulations (CRTC) (CRTC Guideline 2012‑548) and Guidelines on the use of toggling as a means of obtaining express consent under Canada’s anti-spam legislation (CRTC Guideline 2012‑549).

The background to the CRTC Guidelines is that on December 15, 2010, Royal Assent was given to Canada’s anti‑spam law.  A date for the law’s coming into force will be set in the coming months, with the date now expected to be in mid‑2013.  The anti‑spam law will affect any individual, business and organization that:

  • Uses commercial electronic messages;
  • Is involved in the alteration of transmission data; and
  • Produces or installs computer programs.

If you are involved in the operation of a non‑profit or charity why should you care about the anti‑spam law? Increasingly, non‑profit organizations and charities are using electronic means of communicating with people, and the anti‑spam legislation will apply to many, if not all, of those electronic messages. How so?

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  1. 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, S.C. 2010, c. 23.

Signing a commercial lease? Make sure you know exactly what you are getting into

September 6th, 2011 by Ted Hyland

Charities, non-profits and co-operatives often enter into commercial lease agreements without having first consulted with a lawyer.  By the time they arrive at our offices at Iler Campbell with a signed 50 or 60 page standard lease agreement (sometimes years after signing it) they often have made commitments that will have serious implications for their organizations, creating problems that likely could have been avoided if they had checked with a lawyer first.

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