Even though July 1 has come and gone, it is a safe bet that many of you will still not be 100% CASL compliant. Just because your organization is in the non-profit sector does not mean that you are not required to comply with CASL.  Likely some of your electronic messages have a commercial element – and therefore must comply with CASL.

You and your organization may still have questions about what you are now allowed to do – can we still e-mail and ask for consent? – and how to develop a longer term compliance strategy. The good news is that CASL does provide for a three-year transitional period that applies to certain kinds of commercial electronic messages. DDO’s newly released CASL (Anti-Spam) Toolkit can help you navigate the transitional period and provide answers to many of your questions.  Though Canada’s anti-spam legislation regulates more than just spam, our Toolkit focuses solely on its section 6 antispam provisions.

Who can benefit from the Toolkit

If you, your staff, your Board members or your volunteers ever send email or text messages to your stakeholders for commercial purposes, the new CASL rules of will apply you. Our Toolkit will be valuable to you if your organization is:

  • a hospital
  • a foundation or health care charity
  • a family health team or nurse practitioner-led clinic
  • a long-term care home
  • a community health centre
  • a mental health or community-based agency
  • a member-based association
  • a shared services organization
  • an association for regulated health professionals, or
  • a regulated College.

How our Toolkit can help you

This Toolkit will help you work through:

  • which of your email and text messages count as “commercial electronic messages” and which messages are not covered by CASL
  • how to now approach your stakeholder database – and how to decide when you should ask for express consent for your stakeholders to stay on your email mailing list or when to rely on “implied consent” or “business to business” relationships (Note: Express consent may NOT always be the way to go)
  • how to use the fundraising exemption if your organization is a registered charity
  • how to set up your email systems going forward to automatically comply with CASL
  • alternative ways to communicate with stakeholders that are not covered by CASL (such as by fax or phone)

Getting the Toolkit

If you are interested in purchasing a copy of the Toolkit, please contact Kathy O’Brien at 416.967.7100  x227 or via e-mail at kob@ddohealthlaw.com.