Bill C-28 · 40th Parliament · Stephen Harper
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
Government bill. Became law.
- IntroducedMay 25, 2010
- Debated in principleOct. 18, 2010
- Studied by a committeeDone
- Passed its first chamberNov. 23, 2010
- Passed the second chamberDec. 14, 2010
- Became lawDec. 14, 2010
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Stephen HarperPrime Minister
- Donald H. OliverSenate · Sponsor in the Senate
- Glenn Thibeaultemphasizes protecting users including families from spam inundation.
- Jim Malowaynotes improvements made to the bill and is pleased to speak to it
- André Bellavancestates explicit party support for the legislation against spam.
- Scott Simmshighlights the severe problem spam poses and need for action against it.
- Hon. Joseph VolpeDelighted to support key elements of the bill.
- Larry Bagnellcalls the bill a pleasure to support because it will stop annoying and dangerous spam
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
What it set out to do
On 25 May 2010, the Minister Industry introduced Bill C-28, 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 (Fighting Internet and Wireless Spam Act), in the House of Commons and it was given first reading. Among other things, it • prohibits the sending of commercial electronic messages without the prior consent of the recipient and provides rules governing the sending of those types of messages, including a mechanism for the withdrawal of consent. • prohibits other practices that discourage reliance on electronic means of carrying out commercial activities, such as those relating to the alteration of data transmissions and the unauthorized installation of computer programs. • provides for the imposition of administrative monetary penalties by the Canadian Radio-television and Telecommunications Commission, after taking into account specified fac…
Summary by the Library of Parliament.
Where members stand
How it changed on the way
83% of the text as introduced was changed or removed by the time it became law (25,575 words introduced, 21,811 passed). A committee amended it.
substantial changeintent mostly kept
The short title 'Fighting Internet and Wireless Spam Act' was removed and all sections were renumbered, shifting the structure from a dedicated short title at section 1 to definitions beginning at section 1. Core prohibitions, penalties, and amendments remained intact despite the renumbering and minor reordering of provisions.
- Short title provision was deleted entirely.
Before: “1. This Act may be cited as the Fighting Internet and Wireless Spam Act.”
- Table of provisions renumbered throughout.
Before: “SHORT TITLE 1. Fighting Internet and Wireless Spam Act”
After: “INTERPRETATION 1. Definitions CONFLICT OF PROVISIONS 2. Precedence of this Act”
How precisely it is written
mixedChallenging the law: ModerateDisputing a charge: Moderate
The bill supplies many defined terms, fixed dollar caps, a two-year window, and mechanical unsubscribe rules that create clear lines. It also repeatedly uses subjective phrases such as reasonable grounds to believe and any conditions the justice considers appropriate, leaving room for argument.
Open to argument
“if they have reasonable grounds to believe that the disclosure would jeopardize the conduct of”
The phrase turns on an official’s subjective belief rather than an objective fact.“The warrant may contain any conditions that the justice considers appropriate”
Grants open-ended discretion without statutory limits.“clearly and prominently, and separately and apart from the licence agreement”
Adverbial standard invites prolonged debate over what format satisfies it.“assistance that is reasonably required”
Subjective reasonableness test instead of a fixed list of duties.
Clear-cut
“The maximum penalty for a violation is $1,000,000 in the case of an individual, and $10,000,000 in the case of any other person.”
Hard numeric ceilings remove discretion over maximum exposure.“within the two-year period immediately before the day on which the message was sent”
Exact temporal boundary creates a bright-line test.“to indicate, at no cost to them, the wish to no longer receive any commercial electronic messages”
Specifies both the required function and the cost constraint in objective terms.
Discretion. Designated persons and justices of the peace may impose open-ended conditions on warrants, notices and demands and may decide what assistance is reasonably required, with only the Act’s purpose statement as a loose outer bound.
Challenging the law itself. Sections using reasonable grounds and broad conditions could be attacked for vagueness or overbreadth under Charter s. 7 or s. 2(b), though the detailed consent and penalty provisions give the government strong arguments for precision.
Disputing a charge under it. A recipient can readily dispute whether a two-year purchase occurred or whether an unsubscribe link worked, but must litigate subjective beliefs about jeopardy or reasonable requirements when challenging enforcement steps.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
partly effective
The 2018 ISED horizontal evaluation and 2017 parliamentary committee review found evidence of reduced spam originating from Canada and active enforcement but concluded it was too early to fully assess broader economic impacts due to limited data and noted needs for better governance, coordination, and legislative clarifications. Court rulings have upheld the law's constitutionality while annual performance reports document ongoing compliance and enforcement activities.
- Horizontal Evaluation of Canada’s Anti-Spam Legislation (CASL)evaluationIt is too early to conclude on the impact of CASL on the electronic marketplace due to limited data sources, though immediate outcomes like enforcement actions were achieved.
- Canada’s Anti-Spam Legislation Performance Measurement Report 2023–2024evaluationOngoing enforcement has resulted in millions in administrative monetary penalties and Canada has not appeared on Spamhaus top spammer or botnet country lists since implementation.
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.