Stewart McKelvey

Vol 4 Issue 2 Summer 2014

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Stewart McKelvey proudly celebrates over twenty years of innovative leadership as Atlantic Canada's fi rst and largest regional law fi rm. With a distinguished heritage reaching back to Canada's confederation, our law fi rm has established an international reputation for generating results. More than 220 lawyers and over 300 staff in our six locations have a single objective: the best results for our clients. Charlottetown, PE 65 Grafton St., P.O. Box 2140 Charlottetown, PE C1A 1K8 Phone: 902.892.2485 Fax: 902.566.5283 charlottetown@stewartmckelvey.com Fredericton, NB Suite 600, Frederick Square, 77 Westmorland St. P.O. Box 730 Fredericton, NB E3B 6Z3 Phone: 506.458.1970 Fax: 506.444.8974 fredericton@stewartmckelvey.com Halifax, NS Suite 900, Purdy's Wharf Tower One 1959 Upper Water St., P.O. Box 997, Halifax, NS B3J 3N2 Phone: 902.420.3200 Fax: 902.420.1417 halifax@stewartmckelvey.com Moncton, NB Suite 601, Blue Cross Centre, 644 Main St. P.O. Box 28051, Moncton, NB E1C 1E2 Phone: 506.853.1970 Fax: 506.858.8454 moncton@stewartmckelvey.com Saint John, NB Suite 1000, Brunswick House, P.O. Box 7289, Postal Station A 44 Chipman Hill, Saint John, NB E2L 2A9 Phone: 506.632.1970 Fax: 506.652.1989 saint-john@stewartmckelvey.com St. John's, NL Suite 1100, Cabot Place, 100 New Gower St. P.O. Box 5038, St. John's, NL A1C 6K3 Phone: 709.722.4270 Fax: 709.722.4565 st-johns@stewartmckelvey.com consent is required in many obvious cases involving situations such as providing a quote or estimate as requested by the recipient, facilitating a commercial transaction, providing warranty or recall informa- tion, dealing with ongoing subscriptions, or employ- ment and benefi t plans. Consent is also implied in certain key situations including: 1 ExisTing bUsinEss RElATiOnsHip: Consent is im- plied if there has been a purchase or lease of prod- ucts or services or a contract between the parties in the last two years, or if the recipient has made an in- quiry or application to the sender in respect of their business in the last six months. This critical excep- tion which will require many businesses which deal with customers and the general public (rather than pure business customers) to track their last dealings with customers. 2 disClOsURE OF AddREss: Consent is also implied Rob Aske, partner Halifax, n.s. 902.420.3310 raske@stewartmckelvey.com where the recipient has disclosed their ad- dress to the sender, has not indicated they do not wish to receive commercial messa- ges, and the message is relevant to the re- cipient's business or offi cial capacity. This exception will be helpful to many busi- nesses, such as professional services fi rms, which deal with a wide array of businesses or organizations. 3 gRACE pERiOd: For the fi rst three years under the law (until June 30, 2017), there will be implied consent to send commer- cial messages to recipients where, as of July 1, 2014, there was an existing business or non-business relationship, regardless of when that relationship may have last been active (i.e. without reference to the two year or six month time periods referred to above), provided the recipient does not withdraw consent, and also provided that the rela- tionship had included the exchange of commercial electronic messages such as emails. In the long term, many businesses will fi nd the anti-spam law manageable, with a close focus on the exceptions and by developing the systems that make using such exceptions manageable. Stewart McKelvey proudly celebrates over twenty years of innovative leadership as Atlantic Canada's fi rst and largest regional law fi rm. With a distinguished heritage reaching back to Canada's confederation, our law fi rm has established an international reputation for generating results. More than 220 lawyers and over 300 staff in our six locations have a single objective: the best results for our clients. Charlottetown, PE 65 Grafton St., P.O. Box 2140 Charlottetown, PE C1A 1K8 Phone: 902.892.2485 Fax: 902.566.5283 charlottetown@stewartmckelvey.com Fredericton, NB Suite 600, Frederick Square, 77 Westmorland St. P.O. Box 730 Fredericton, NB E3B 6Z3 Phone: 506.458.1970 Fax: 506.444.8974 fredericton@stewartmckelvey.com Halifax, NS Suite 900, Purdy's Wharf Tower One 1959 Upper Water St., P.O. Box 997, Halifax, NS B3J 3N2 Phone: 902.420.3200 Fax: 902.420.1417 halifax@stewartmckelvey.com Moncton, NB Suite 601, Blue Cross Centre, 644 Main St. P.O. Box 28051, Moncton, NB E1C 1E2 Phone: 506.853.1970 Fax: 506.858.8454 moncton@stewartmckelvey.com Saint John, NB Suite 1000, Brunswick House, P.O. Box 7289, Postal Station A 44 Chipman Hill, Saint John, NB E2L 2A9 Phone: 506.632.1970 Fax: 506.652.1989 saint-john@stewartmckelvey.com St. John's, NL Suite 1100, Cabot Place, 100 New Gower St. P.O. Box 5038, St. John's, NL A1C 6K3 Phone: 709.722.4270 Fax: 709.722.4565 st-johns@stewartmckelvey.com View our Anti-spam guide at: www.stewartmckelvey.com/getready

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