Undertaking: Scott William Brewer
File No.: 9110-2018-00509
Effective date of undertaking: 4 January 2022
Monetary payment amount: $7,500
Under section 21 of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, S.C. 2010, C. 23 (CASL, or the Act).
Person entering into an undertaking
Scott William Brewer
Acts and omissions covered by the undertaking and provisions at issue
Scott William Brewer has voluntarily entered into an undertaking with the Chief Compliance and Enforcement Officer (CCEO) concerning alleged violations of paragraph 6(1)(a) and section 13 of the Act.
Following an investigation, the CCEO alleged that commercial electronic messages (CEMs) were sent or caused to be sent by Brewer, between 1 December 2015 and 23 May 2018, to email addresses for which he did not have consent.
A Notice of Violation (NOV) was issued to Brewer on 29 March 2021 by the CCEO following the investigation into the alleged non-compliant activities. Brewer requested the opportunity to enter into an undertaking in connection to these acts and omissions pursuant to subsection 21(4) of the Act, under the conditions provided by subsection 21(2) of the Act.
Amount owing and summary of other conditions
During the undertaking discussions, Brewer cooperated with the CCEO, provided new information not previously available to the designated person, and has voluntarily agreed to resolve the CCEO’s outstanding concerns regarding compliance with the Act and the Regulations (CRTC).
As part of this undertaking, Brewer agreed to make a monetary payment of $7,500 to the Receiver General for Canada in accordance with subsection 28(3) of the Act.
In addition to the monetary payment, and in order to promote compliance with the Act and the Regulations (CRTC), Brewer undertakes to develop and implement a compliance program addressing the sending of CEMs. This compliance program will include documented compliance policies and procedures.
During the course of his commercial activity, Brewer will cease any sending of CEMs, or authorizing a third party to send CEMs on his behalf, without obtaining the consent of the recipients, and ensuring that CEMs contain a functioning unsubscribe mechanism and identification information, as required by the Act or Regulations (CRTC).
Finally, Brewer will register and track CEM complaints and the subsequent resolution of those complaints. He will also implement effective corrective measures for compliance failures and will maintain regular communication with the Commission from time to time to determine compliance with the Act and the Regulations (CRTC).
This undertaking fully and completely resolves all outstanding issues between the Commission and Scott William Brewer with respect to his compliance with the Act and the Regulations (CRTC) in relation to the CCEO’s investigation into the sending of CEMs during the period of 1 December 2015 to 23 May 2018 and up to the effective date of this undertaking.
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