Canadian Electrical Wholesaler

Feb 3, 2019

5 Types of ConsentCanada’s new anti-spam law (CASL) was passed in December 2010, and following a Governor in Council order it entered into force on July 1, 2014. The law helps to protect Canadians while ensuring that businesses can continue to compete in the global marketplace. Part 1 explored express consent. Here in Part 2: Implied consent: existing business relationship.

There are three types of implied consent. All three require proof. According to the CRTC, all three are “generally time-limited. It is typically a period of two years after the event that starts the relationship (e.g., purchase of a good). For subscriptions or memberships, the period starts on the day the relationship ends.” Once again you must keep records of how you obtained implied or express consent, since in both cases you have the onus to prove consent.

Implied consent — existing business relationship

This includes customers and interested prospects. The CRTC states it this way, “The recipient has made, or inquired about, a purchase or lease of goods, services, land or interest in land, a written contract or the acceptance of a business, investment or gaming opportunity from you. Keep records of how you obtained implied or express consent, since in both cases you have the onus to prove consent.” This has a two-year time limit, meaning the individual must purchase again, request a quote or a demo within that two-year period, in which case the two-year clock resets to that date.

Implied consent — section 6

(9) Consent is implied for the purpose of section 6 only if

(a) the person who sends the message, the person who causes it to be sent or the person who permits it to be sent has an existing business relationship or an existing non-business relationship with the person to whom it is sent;

(b) the person to whom the message is sent has conspicuously published, or has caused to be conspicuously published, the electronic address to which the message is sent, the publication is not accompanied by a statement that the person does not wish to receive unsolicited commercial electronic messages at the electronic address and the message is relevant to the person’s business, role, functions or duties in a business or official capacity;

(c) the person to whom the message is sent has disclosed, to the person who sends the message, the person who causes it to be sent or the person who permits it to be sent, the electronic address to which the message is sent without indicating a wish not to receive unsolicited commercial electronic messages at the electronic address, and the message is relevant to the person’s business, role, functions or duties in a business or official capacity; or

(d) the message is sent in the circumstances set out in the regulations.

Definition of existing business relationship

(10) In subsection (9), existing business relationship means a business relationship between the person to whom the message is sent and any of the other persons referred to in that subsection — that is, any person who sent or caused or permitted to be sent the message — arising from

(a) the purchase or lease of a product, goods, a service, land or an interest or right in land, within the two-year period immediately before the day on which the message was sent, by the person to whom the message is sent from any of those other persons;

(b) the acceptance by the person to whom the message is sent, within the period referred to in paragraph (a), of a business, investment or gaming opportunity offered by any of those other persons;

(c) the bartering of anything mentioned in paragraph (a) between the person to whom the message is sent and any of those other persons within the period referred to in that paragraph;

(d) a written contract entered into between the person to whom the message is sent and any of those other persons in respect of a matter not referred to in any of paragraphs (a) to (c), if the contract is currently in existence or expired within the period referred to in paragraph (a); or

(e) an inquiry or application, within the six-month period immediately before the day on which the message was sent, made by the person to whom the message is sent to any of those other persons, in respect of anything mentioned in any of paragraphs (a) to (c).

Marginal note: clarification

(11) For the purposes of subsection (10), the following organizations are considered to be businesses:

(a) a cooperative as defined in subsection 2(1) of the Canada Cooperatives Act;
(b) a cooperative corporation as defined in section 2 of the Cooperative Credit Associations Act; and
(c) any similar organization incorporated under an Act of Parliament or the legislature of a province.

Marginal note:Clarification

(12) If a person has an existing business relationship with another person in accordance with subsection (10), and the business is sold, the person who purchases the business is considered to have, in respect of that business, an existing business relationship with that other person.

Photo source: rawpixel on Unsplash

 

Flir Application SpotlightWithout power, factory operations cannot continue. That’s why regular scheduled maintenance is important to ensure your electrical distribution system is in working order. A combination of a thermal imager and a clamp meter can help you detect hot spots and diagnose electrical issues at the point of failure before an outage occurs, quickly and safely.  Download the Application Spotlight today.

 

 

 

 

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3M Canada WebinarRegister for 3M Canada’s upcoming webinar: How TTS™ Heat Trace Cables can help you on site.

3M Canada will be hosting a heat trace cables webinar, where you’ll learn about heat trace, heat trace applications (i.e.: pipe freeze protection, roof and gutter, and surface snow and ice melting), and the benefits of self-regulating heat trace cables—TTS™ Heat Trace Cables.

 

 

 

 

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Stephanie MedeirosBy Blake Marchand

Stephanie Medeiros leads ABB Canada’s Electric Vehicle Charging Infrastructure team, as well as transit bus charging in the United States and Canada. She has been with ABB in various positions for 10 years, compiling a diverse skillset that includes work all over the world. 

After receiving a degree in Electrical Engineering from McGill University, Medeiros got her start in the industry by volunteering with the Canadian government as an electrical engineering intern, where she travelled to Peru to help improve their water treatment infrastructure. 

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Wholesale SalesWholesale sales rose 0.6% to $64.1 billion in June, partly offsetting the 1.9% decline in May. Sales were up in four of seven subsectors, representing 54% of total wholesale sales.

In dollar terms, two subsectors — miscellaneous, and machinery, equipment and supplies — contributed the most to the increase in June, while the motor vehicle and motor vehicle parts and accessories subsector posted the largest decline.

 

 

 

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Select manufacturer executives had precisely five minutes to present a key product with superior growth potential to the members of IMARK Canada. Distributor member executives then rated each supplier based on the quality of the presentation and the perceived sales potential of the product being demonstrated.

 

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Endress+HauserEndress+Hauser has broken ground for its new $28 million Customer Experience Centre for Central and Eastern Canada. When construction of the approximately 47,000 sq ft facility in Burlington is completed late next year, it will provide customers from Manitoba to Atlantic Canada with a generously equipped, state-of-the-art training and support hub for selecting and familiarizing themselves with the company’s latest innovations for process automation.

Last week’s official groundbreaking included a traditional Land Acknowledgment Ceremony performed by Chief R. Stacey Laforme of the Mississaugas of the Credit First Nations.

 

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Peers & Profiles

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Lori BagazzoliBy Blake Marchand

Lori Bagazzoli, Regional Sales Manager for Viscor, is a 20-year industry veteran that has built an interesting career from the bottom up. Beginning as a 19-year old just out of college in customer service with EXM, she gained an intimate knowledge of the electrical and lighting supply business by working her way through various organizational levels.

“I was definitely able to learn the different roles, and understand all the different aspects of the business,” she said, “starting so young, I really had to put in my time to be able to move up.”

 

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Looking Back

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