It is important to remember that the onus of proving consent, be it express or implied, is on the person who claims they have consent. Therefore, this onus would transfer to the new owner who sends CEMs and relies on those consents.
With this in mind, as a best practice, the purchaser should verify with the seller the parameters of the express consents it is acquiring e. If you answer YES to any of the following questions, you may have an existing business relationship in which case you will be able to send CEMs for the period specified either 2 years or six months following the last transaction date :.
For more information, please see sections 10 9 , 10 10 and 10 14 of CASL for more details. The relationship, whether business or non-business, must have been created prior to 1 July in order to rely on the 3 year transitional provision set out at section 66 of CASL. Section 66 deems implied consent for a period of 36 months, starting 1 July , if there is an existing business or non-business relationship with the recipient. In order to rely on the transitional provision, the parties' relationship must also have included communication via the sending of CEMs.
Any business or non-business relationship created after 1 July is subject to the time periods specified in the implied consent provisions sections 10 10 and 10 13 of CASL , and the three-year transitional period cannot be relied upon. It depends on the situation. You can only rely on this conspicuous publication—or in other words, when someone posts or publishes their email address—when:.
See section 10 9 of CASL for more details. A company conspicuously publishes on its website the email addresses of its employees, including the chief operating officer COO and the marketing officer. There are no accompanying statements that the employees do not want to receive CEMs at those email addresses. This CEM promotes a course on how to be an administrative assistant. This CEM is not relevant to the recipient's business, role, functions or duties in a business or official capacity.
Accordingly, the training company cannot rely on conspicuous publication as a form of implied consent for the sending of this CEM. Example 2: A training company sends a CEM to the marketing officer. This CEM promotes a course on how to develop social media platforms for e-marketing. In this case, the CEM is relevant to the recipient's business, role, functions or duties in a business or official capacity. Therefore, the training company could rely on conspicuous publication as a form of implied consent for the sending of this CEM.
Therefore, if relying on conspicuous publication, the sender has the responsibility of demonstrating, if needed, how its situation meets the criteria for implied consent. You must be able to prove that you have consent of the recipient before sending CEMs. If you're relying on implied consent, you need to prove that your situation meets the criteria for implied consent under CASL.
The CRTC issued guidance to help businesses develop corporate compliance programs, which may help facilitate compliance, reduce the likelihood of violating CASL, and help businesses establish a due diligence defense in relation to a violation prescribed by CASL. If you continue to send CEMs over time, based on implied consent, there is an ongoing need to maintain accurate records. Here are some examples of situations in which you would need to prove that you have obtained implied consent:.
Example 1: A company collects email addresses Footnote 4 from websites or other media publications. If the company wants to rely on conspicuous publication as a form of implied consent, then the company must be able to prove that there were no statements against receiving CEMs on the website or in the advertisement where the email addresses were collected, and must demonstrate how the CEMs were relevant to the recipients' business, role, functions or duties in a business or official capacity. For example, to prove there were no statements against receiving CEMs a company could record screenshots or have a contemporaneous record of the publication where the address was listed, including information such as the date, email address and URL.
Example 2: A company uses a third party which provides the company with a list of email addresses. The email administrator may establish additional display names that resolve to a single email address for use in directories.
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Elements of the display name must be provided in both official languages. The order in which official languages are applied in the display name must comply with the Directive on Official Languages for Communications and Services.
Display name conflicts may arise. In these situations, it is up to the email administrator to resolve naming conflicts within the display name.
The Display name may also contain the rank of the individual where the rank is a requirement for the continuation of the performance of the duties of the employee's position. The name of the program or service and the department abbreviation must be provided in both official languages, separated by a forward slash. The display name for generic email accounts for resource management must contain the elements below:. Email signatures must be established in accordance with official languages requirements as outlined in Directive on Official Languages for Communications and Services.
Signature blocks for individuals must respect the requirements for both official languages such that all email messages sent by Government of Canada email services include a bilingual signature block. Bilingual signature blocks must be stacked and include a separate section for each official language. Stacking signature blocks makes the content accessible to a wider range of people with disabilities. The same requirements are to be applied to email clients on mobile devices, technology permitting.
Signature blocks for generic email accounts for programs or services must respect the requirements for both official languages such that all email messages sent by Government of Canada email services include a bilingual signature block.
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The order in which official languages are applied to stacked signature blocks must comply with the Directive on Official Languages for Communications and Services. This includes the space immediately above or below an email signature block. Skip to main content Skip to "About this site". Ensures that Shared Services Canada, as well as other departments and agencies, efficiently, effectively and promptly manages email.
Standard on Email Management. Expand all Collapse all. Specifications 6. Signature blocks 6. This property is found under Email Properties.
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The email account can no longer send or receive emails. The reason may be, for example, that the employee has left the organization or that the program relating to the generic account has ended. The display name is the name that email recipients see in their email inbox and on printed emails, and that is used in address directories.
For example, this may be the email account of an individual on extended leave. Library and Archives Canada, Email Management Guidelines email account compte de courriel An email mailbox and the associated rights to use that mailbox. Library and Archives Canada, Email Management Guidelines email address adresse de courriel The character string used to allow computer systems to route an email message to the intended email account, usually consisting of a username, the symbol and a domain name.
An email client may be on the Web, a computer desktop, a mobile device or other technology.
A domain name may or may not include a sub-domain name. It is made available through the address book and the active directory.
An email property is a subset of Email Properties. An email service is accessed by an email client. This includes. Domain name 1. Enterprise Email Addresses 2.
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Departments may choose one of the options below for GC enterprise email addresses: The email address may include a descriptor in both official languages. Email address for individual email accounts 3. Model: PreferredName. LastName canada. Email addresses for generic programs and services or other uses 4. The email address prefix must respect official languages requirements. Dept canada. Suitable proof may include a note or other documentation from an official. For any further information or questions, the Contact Centre is able to assist with any inquiries.
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