CASL Policy
This policy outlines the guidelines for Canada's Anti-Spam Legislation (CASL) Policy for Right at Home Realty, Brokerage ("RAHR"). Unless explicitly stated otherwise, this document is considered a standalone policy. References to CASL legislation and/or other RAHR policies are included where necessary.
Policy Objective
The policy aims to establish guidelines for RAHR to adhere to CASL, ensuring that:
- Salespersons of RAHR comprehend Commercial Electronic Messages (CEMs), encompassing email messages and other electronic communications subject to CASL compliance.
- Both RAHR and its Salespersons are cognizant of their responsibilities concerning CASL.
- The objectives and purposes of RAHR's CASL Policy and Procedures are defined and adhered to.
RAHR Salespersons are independent contractors registered with the Real Estate Council of Ontario in order to trade in real estate in the province of Ontario. That said, RAHR will not install any computer programs on Salespersons computers as defined by CASL. This legislation prohibits the installation of computer programs (software) on another persons computing device in the course of commercial activity without express consent from the device owner or an authorized user.
Scope
This policy applies to all RAHR staff who send messages on behalf of RAHR and Salespersons who send messages in the course of their business as registrants with RAHR.
Definitions
Commercial Electronic Message (CEM):
A message aimed at encouraging participation in a commercial activity, including offers to purchase, sell, or lease real properties, products, services, land, or interests therein, as well as promotions of business, investment opportunities, or a person. A message sent electronically, which includes a solicitation for permission to send a message as described earlier, is also classified as a CEM. However, an electronic message sent for law enforcement, public safety, the protection of Canada, the conduct of international affairs, or the defence of Canada is exempt from being categorized as a CEM.
Electronic Address:
An address used for transmitting electronic messages, including email, text or image messaging, telephone calls or something similar.
Express Consent:
RAHR defines express consent as a positive consent, such as opting in, where a person agrees to receive CEMs from RAHR. Opt-in and opt-out functions will be clearly defined and available to users. Existing consents are defined as continuing consents.
Implied Consent:
Consent implied under CASL in scenarios such as existing business relationships or conspicuously published email addresses, such as:
- If the recipient has openly shared their email address without explicitly stating a preference against receiving unsolicited messages, and the content is pertinent to their professional responsibilities or business role,
- Or if the recipient has provided their email address to the sender without specifying a desire to avoid unsolicited messages and the content aligns with their professional duties or business role.
Other Commercial Electronic Message:
An electronic message containing a request for consent to send a CEM is also considered as a CEM.
Third Party:
An entity providing services to or receiving services from RAHR.
Overview
RAHR will operate in compliance with CASL and has established this CASL Policy to maintain compliance. Detailed procedures supporting this policy are outlined in the "RAHR CASL Procedures."
Accountability & Responsibility
RAHR Privacy Officer is responsible for this policy. For questions or comments regarding its implementation or interpretation, contact the RAHR Privacy Officer, Rima Sterrett, at (416-383-8176). The Privacy Officer is responsible for ensuring communication of this policy and any updates to all RAHR employees and agents. This includes promoting organizational compliance with CASL, fostering a culture of CASL compliance, and collaborating with stakeholders during CASL complaint investigations.
All RAHR staff and Salespersons must be aware of and adhere to this policy and associated procedures.
Policy & Training
Approval authority for this policy lies with the President, John Lusink.
RAHR will provide training to help staff and Salespersons understand and comply with CASL to avoid prohibited conduct under CASL. Training of RAHR CASL Policy and Procedures will be provided on periodic basis.
Monitoring & Revision
This policy will be reviewed and updated as needed, including following changes to CASL, organizational restructuring, annual reviews, or changes to related policies and procedures.
Document Location
The latest version of this document is available at RAHR/CASL (www.rightathomerealty.com/CASL-Policy) and from the Privacy Officer along with the RAHR CASL Procedures.
References
This document is based on requirements established by CASL Legislation. Additional resources can be found at:
Related Documents
RAHR CASL Procedures
Investigations
RAHR will promptly investigate any concerns or complaints regarding CASL and will collaborate with external organizations such as the Office of the Privacy Commissioner (OPC), Competition Bureau (CB), and Canadian Radio-television and Telecommunications Commission (CRTC) if necessary.