Latest Blog Posts
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Can you dismiss an employee for cause due to poor performance?
This is a great post on this topic by Stuart Rudner (@CanadianHRLaw).
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Industry Canada releases revised draft FISA regulations
Industry Canada has released its revised draft regulations under Canada’s anti-spam legislation, together with commentary. Update: David Elder and Michael Geist have commentary.
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Managing Startups: Best Posts of 2012
Here’s a great recap of some of the best writing in 2012 on startups.
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OSC releases consultation paper addressing crowdfunding
The Ontario Securities Commission released a consultation paper today that addresses crowdfunding. The paper is intended to launch a consultation process to address new prospectus exemptions. Simon Romano of Stikeman’s has a summary here.
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You probably have work to do to be ready for Canada’s new Anti-Spam and Anti-Spyware law
Update: see below.
A long time ago we posted on the passage of Canada’s new Anti-Spam and Anti-Spyware law, unhelpfully called the “Fighting Internet and Wireless Spam Act” (we will be handing out “Fighting Internet” t-shirts and mugs in the new year). Broadly, the law prohibits the sending of commercial messages and the installation of computer programs without consent.
In March of this year, the CRTC, which has regulatory authority over the new law, registered regulations and then a related policy. More recently, in two bulletins (first here and second here) released in October the CRTC has published guidance on complying with the new law.
The date on which all of this comes into force has not yet been announced, but it’s expected soon. The second bulletin may attract controversy – it suggests that even where the user has to manually indicate consent, a default setting of consent is not permitted, and that third party or audio recording verification of oral consent is required – David Elder of Stikeman’s has an overview here.
As we noted some time ago, we save articles and commentary about this law under this tag. Please contact us if you have any questions.
Update: Barry Sookman has an update. In a nutshell, it while be a while yet, and more is coming.
