Bill S-220 explained in plain English
An Act respecting commercial electronic messages
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 40th Parliament, 2nd Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
This bill, known as the Anti-Spam Act, regulates commercial electronic messages by requiring consent, setting content standards, prohibiting certain collection and deceptive practices, and establishing penalties and civil recourse for violations.
Bill S-220, titled the "Anti-Spam Act," aims to regulate commercial electronic messages. It prohibits sending or authorizing the sending of commercial electronic messages without the recipient's consent, though consent is presumed for certain types of messages. The bill outlines specific requirements for the form and content of these messages, including clear sender identification and an accessible unsubscribe mechanism. It also prohibits practices like address harvesting, dictionary attacks, and phishing. The bill establishes offences for violations, with penalties including fines and imprisonment, and creates a civil right of action for those adversely affected by non-compliant conduct. Telecommunications service providers are given the ability to refuse, cancel, filter, or block messages under certain circumstances related to contraventions of the Act.
- Prohibits sending commercial electronic messages without recipient consent.
- Establishes conditions under which consent is presumed for certain messages.
- Sets requirements for the content and form of commercial electronic messages, including sender identification and unsubscribe options.
- Prohibits the use of address-harvesting software, harvested-address lists, dictionary attacks, and phishing.
- Creates offences for contravening the Act's provisions.
- Establishes penalties for individuals and corporations found guilty of offences, including fines and imprisonment.
- Provides a civil right of action for individuals or entities adversely affected by conduct contrary to the Act.
- Empowers telecommunications service providers to refuse, cancel, filter, or block commercial electronic messages under certain conditions.
- Allows the Governor in Council to make regulations to support the Act's purposes.
- Senders of commercial electronic messages
- Recipients of commercial electronic messages
- Corporations
- Individuals
- Telecommunications service providers
- Law enforcement agencies
- National security agencies
- Political parties
- Registered charities
- Educational institutions
- Businesses with existing relationships with recipients
- Individuals performing work, business, functions, or duties for which their electronic address is published
- Obligation to obtain recipient consent before sending commercial electronic messages (unless consent is presumed).
- Right for recipients to withdraw consent.
- Obligation for senders to clearly identify themselves and provide contact information.
- Obligation for senders to include an unsubscribe mechanism.
- Prohibition against misleading subject lines.
- Prohibition against address harvesting and dictionary attacks.
- Prohibition against impersonation and false representations.
- Obligation for businesses to take reasonable measures to prevent sending non-compliant messages and to report contraventions.
- Right for individuals or entities to bring a civil action if adversely affected by conduct contrary to the Act.
- Right for telecommunications service providers to refuse, cancel, filter, or block messages under certain circumstances.
- The Act comes into force 30 days after receiving royal assent.
- Penalties for contraventions can include significant fines for both individuals and corporations.
- Courts may order additional fines equal to estimated monetary benefits accrued from an offence.
- Civil actions may result in damages, including punitive damages and costs of the action.
- Contravention of subsection 8(1) (sending without consent) can result in indictable offences with fines up to $500,000 for a first offence and $1,500,000 for subsequent offences for corporations, or fines up to $500,000 and/or imprisonment up to two years for individuals for a first offence, and higher penalties for subsequent offences.
- Contravention of section 11 (form and content requirements) can result in indictable offences with fines up to $1,500,000 or summary conviction offences with fines up to $500,000 for corporations, or similar fines and potential imprisonment for individuals.
- Contravention of subsection 12(1), sections 13 to 16, or regulations can result in indictable offences with fines up to $1,500,000 or summary conviction offences with fines up to $500,000 for corporations, or similar fines and potential imprisonment for individuals.
- Aiding or abetting contraventions carries the same penalties as the primary offence.
- Officers, directors, or agents of a corporation that commits an offence can be held liable.
- A court may order additional fines equivalent to monetary benefits gained from an offence.
- Civil actions can result in injunctions, orders to refrain from or perform actions, damages (including punitive damages), and costs.
- The bill does not specify the types of regulations that may be made by the Governor in Council beyond general enabling provisions.
- The bill does not specify the exact criteria for 'reasonable grounds' for a telecommunications service provider to believe a message is sent in contravention of the Act.
- The specific 'matters or things' that can be prescribed by regulation are not detailed within the Act text provided.
- The bill does not detail what constitutes an 'existing business relationship' or 'appropriate law enforcement agency'.
Establishes the framework for regulating commercial electronic messages, including prohibitions, requirements, offences, penalties, and civil remedies.
Source: The entire Act
Allows the Governor in Council to make regulations prescribing matters or things required or permitted by the Act, and to generally carry out the Act's purposes.
Source: Section 27
Is referenced for the definition of a registered charity, which is an exempt sender of commercial electronic messages.
Source: Section 8(3)(c)
Is referenced for the definition of a political party, which is an exempt sender of commercial electronic messages.
Source: Section 2
Is referenced for the definition of a telecommunications service provider.
Source: Section 2
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textParliamentary Process
Bill S-220, An Act respecting commercial electronic messages, completed first reading in the Senate on February 3, 2009, and was later referred to committee.
This record indicates that Bill S-220, An Act respecting commercial electronic messages, completed its first reading in the Senate on February 3, 2009. Subsequently, it was referred to a committee on April 2, 2009, and is currently at the consideration in committee stage. The record also notes that speeches were made during the second reading of the bill on February 5, 2009, and during consideration in committee.
Bill S-220, an Act respecting commercial electronic messages, was introduced and received first reading in the Senate on February 3, 2009, as part of a broader Senate sitting that included other legislative and procedural business.
On February 3, 2009, the Senate held its first reading of Bill S-220, an Act respecting commercial electronic messages. This means the bill was formally introduced and given its first reading. The Senate also engaged in other business, including tributes, tabling of reports, statements by senators on various topics, and debate on other bills and inquiries. The Senate adjourned to the next sitting.
Bill S-220, concerning commercial electronic messages, completed its second reading in the Senate and was sent to committee.
The Senate proceeded with the second reading of Bill S-220, "An Act respecting commercial electronic messages". After the sponsor's speech and a response speech, the bill was referred to a committee for further consideration. The bill has since moved to that committee stage.
During a Senate sitting on February 5, 2009, the second reading debate for Bill S-220, an Act respecting commercial electronic messages, was adjourned, and the Senate also paid tribute to Senator Marilyn Trenholme Counsell upon her retirement.
On February 5, 2009, the Senate convened for a sitting that included routine proceedings, question period, and orders of the day. The main procedural activity related to Bill S-220, "An Act respecting commercial electronic messages," which had its second reading debate adjourned. Most of the sitting, however, was dedicated to tributes honouring the retirement of Senator Marilyn Trenholme Counsell, who had a distinguished career in medicine, politics, and public service. Other matters addressed included tabling reports, introducing a bill to amend the Canada Elections Act and the Parliament of Canada Act, and discussions on the Budget 2009, Arctic patrol ships, autism, and francophone community funding. The second reading debate for Bill S-219, an Act to amend the Bankruptcy and Insolvency Act, was also adjourned.
In the Senate, Senator Goldstein introduced Bill S-220, an anti-spam bill aiming to regulate commercial electronic messages through an opt-in system with penalties, and debate was adjourned.
On February 5, 2009, during the Senate's second reading debate, Senator Goldstein introduced Bill S-220, an act concerning commercial electronic messages, commonly known as an anti-spam bill. He explained that the bill aims to combat spam, which has become a significant threat to e-commerce and a drain on resources. He noted that Canada is the only G8 country without such legislation and highlighted the financial costs associated with spam, including lost productivity for businesses. The bill proposes an 'opt-in' system where recipients must agree to receive commercial electronic messages, with exceptions for charities, political parties, and candidates. It also establishes significant penalties and makes the commercial beneficiary of spam liable. Debate on this bill was adjourned.
The Senate convened for a sitting on April 1, 2009, addressing various procedural matters including statements, tabling of reports, bill introductions, ongoing debates, and questions of privilege.
This document is a record of the Senate sitting on April 1, 2009. It details various procedural activities, including senators making statements on notable anniversaries and appointments, tabling reports from parliamentary associations and committees, introducing new bills, and debating or adjourning debate on several other bills and inquiries. It also includes Question Period, where senators asked questions of the government on diverse topics such as foreign affairs, social programs, and correctional services. Several questions of privilege were also raised and are awaiting rulings from the Speaker.
On April 2, 2009, the Senate held a sitting that included statements on various topics, routine proceedings, question period, and debates on multiple bills, including Bill S-220 regarding commercial electronic messages, which was read a second time and referred to committee.
This artifact is a record of a Senate sitting on April 2, 2009. It includes various proceedings such as Senators' Statements on topics like cancer awareness and the Rwandan genocide, Routine Proceedings where committee reports were presented, Question Period discussing economic stimulus and human rights in Afghanistan, and Orders of the Day where several bills were debated or adjourned. Notably, Bill S-220, an Act respecting commercial electronic messages, was debated at second reading and referred to committee. Several other bills, including those related to dangerous goods transportation, free trade agreements, the Criminal Code, the Customs Act, and the Investment Canada Act, were also discussed. The sitting concluded with the adjournment of the Senate.
During the Senate's second reading debate on Bill S-220, the government acknowledged the bill's intent to combat spam but expressed concerns about its international enforcement and legal approach, suggesting a committee review and referencing Australia's legislation as a potential model.
During the Senate's second reading debate on Bill S-220, an Act respecting commercial electronic messages (commonly known as an anti-spam bill), Senator Gerald J. Comeau, the Deputy Leader of the Government, spoke on behalf of the government. While acknowledging the shared goal of protecting Canadians from spam and supporting Senator Goldstein's efforts, Senator Comeau raised concerns about the bill's effectiveness, particularly regarding its international dimension and lack of enforcement mechanisms for messages originating outside Canada. He suggested that the bill's criminal law approach might be less suitable than a trade regulation-based scheme, referencing Australia's successful Spam Act as a model. Senator Comeau noted that while the government supports the bill's intent and is developing its own legislative proposals based on international best practices, Bill S-220 has shortcomings that require careful study by the committee. He indicated that Conservative senators were not necessarily delaying the bill but were aiming for responsible legislation. He also stated that if the committee did not address the concerns raised, the legislation might not pass the House of Commons. Following his remarks, Senator Comeau's speech was followed by questions and comments from Senator Joan Fraser and Senator Yoine Goldstein, with Senator Goldstein confirming that the bill would be referred to committee and that there had been collaboration with the Minister's office on developing legislative options.
Bill S-220, concerning commercial electronic messages, is currently undergoing consideration by a Senate committee.
This record shows the status of Bill S-220 in the Senate. The bill has been referred to a committee for consideration. The process is not yet complete at the committee stage. The record also lists previous actions, including first and second readings, and mentions related bills.
We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
We don't have a plain-language summary for First reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.
We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.
Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced