Canada’s Anti-Spam Legislation (CASL) Policy
Document Owner: Baker Privacy Officer
Department: Privacy Office
Number of Pages: 4
Document Version: 2
Date Issued: January 26, 2016
Date Last Modified: August 9, 2021
Distribution in whole or in part of this document requires the prior approval of the Document Owner.
This document provides guidelines for Canada’s Anti-Spam Legislation (“CASL”) Policy for Baker Real Estate Incorporated (“Baker”). Unless specifically stated otherwise, this document should be considered a standalone policy document. Where needed, references are made to CASL legislation and/or other Baker policies.
Policy Objective / Statement
The objective of this policy is to establish guidelines for Baker to be in compliance with CASL. This includes ensuring that:
• Users understand Commercial Electronic Message (“CEM”), including e-mail messages and other electronic messages that are subject to CASL compliance;
• Baker and users are all aware of their responsibilities regarding CASL; and
• The purpose and objectives of Baker’s CASL Policy and Procedures are articulated and complied with.
Baker will not install any computer programs on subscribers’ computers as defined by CASL. CASL prohibits the installation of a computer program (software) to another person’s computing device (e.g., laptop, smartphone, desktop, gaming console or other connected device) in the course of commercial activity without the express consent of the device owner or an authorized user.
This policy applies to all Baker staff and persons who send a message on behalf of Baker.
CEM is a message, whose purpose is to encourage participation in a commercial activity, including:
a. offers to purchase, sell, barter or lease a product, goods, a service, land or an interest or right in land;
b. offers to provide a business, investment or gaming opportunity;
advertises or promotes anything referred to in paragraph (a) or (b); or promotes a person, including the public image of a person, as being a person who does anything referred to in any of paragraphs (a) to (c), or who intends to do so. An electronic message that contains a request for consent to send a message described above is also considered to be a CEM.
An electronic message that is sent for the purposes of law enforcement, public safety, the protection of Canada, the conduct of international affairs or the defense of Canada is not considered to be a CEM.
Electronic address means an address used in connection with the transmission of an electronic message to:
• An electronic mail account;
• An instant messaging account;
• A telephone account or
• Any similar account.
Electronic message means a message sent by any means of telecommunication, including a text, sound, voice or image message.
Express consent is not defined in CASL, but Baker follows best practices and defines it as positive (e.g. opt-in) act whereby a person consents to receive CEMs from Baker. Baker will make the opt-in function clear and make an opt-out function readily available. Baker will consider existing consents as continuing to be valid.
Implied Consent is clearly defined in CASL. According to CASL, consent will be implied if:
• An existing business relationship already exists;
• If the person to whom the message is sent has “conspicuously published” their e-mail address, the published email is not accompanied by a statement that the person does not wish to receive unsolicited messages, and the message is relevant to the person’s business, role, functions or duties in a business or official capacity or
• If the person to whom the message is sent has disclosed their e-mail address to the sender without indicating that they do not want to receive unsolicited messages and the message is relevant to the person’s business, role, functions or duties in a business or official capacity.
Other commercial electronic message is an electronic message that contains a request for consent to send a message described as a CEM and is also considered to be a CEM.
Developer / Third party is an entity that supplies a particular service to Baker, or one that Baker provides a service for.
Baker will conduct activities in compliance with CASL. In an effort to maintain compliance, Baker has established this CASL Policy. This Policy will be supported by procedures developed specifically for Baker that provide detailed direction for Baker. Refer to the “Baker: CASL Procedures.”
Accountability and Responsibility
The Baker Privacy Officer is the owner of this policy.
For any questions or comments around implementation or interpretation of the policy, please contact the Baker Privacy Officer, Kim Morris, at (416-923-4621).
It is the Privacy Officer’s responsibility to ensure that this policy and any subsequent updates are communicated to all Baker employees and agents. This also includes:
• Advising and encouraging organizational compliance with CASL;
• Maintaining an active and visible role in fostering a culture of CASL compliance; and
• Working with stakeholders during an investigation of a CASL complaint against the organization.
All Baker staff are responsible for ensuring they are aware of this policy and follow all procedures identified in the CASL Procedures.
The approval authority for this policy is the President and CEO, Barbara Lawlor
Baker will support users in fulfilling their obligation to understand CASL by mandating training on how to avoid prohibited conduct under CASL. Training will be provided regarding CASL and the Baker CASL Policy and Procedures as determined by the Privacy Officer.
Monitoring and Revision
This policy will be reviewed and updated, if necessary as defined below:
- As required to correct or enhance information content;
- Following changes to the CASL;
- Following any organizational changes or restructuring;
- Following an annual review of this policy and associated procedures; and
- Following any changes to policies and procedures that cross-reference this CASL Policy.
The latest version of this document may be obtained at CASL | Baker Real Estate Incorporated (baker-re.com)
In addition, the document is available from the Privacy Officer along with the Baker CASL Procedures.
This document is based on the requirements established by the CASL Legislation ((http://www.crtc.gc.ca/eng/casl-lcap.htm)
- Baker CASL Procedures
Baker will take immediate action and investigate any concerns and / or complaints regarding CASL. Baker will work with and provide full support to the following external organizations if required:
- Office of the privacy commissioner (“OPC”)
- Competition Bureau (“CB”)
- The Canadian Radio-television and Telecommunications Commission (“CRTC”)