Spam Victims’ Right of Action Act
Private right of action against spam: repealed
Parliament gave every person the right to sue a spammer in 2010. The Cabinet never let the right come into force, and on 31 December 2025 it was repealed unused. Only an Act of Parliament brings it back. The bill restores the words of 2010 and writes its own date into the Act.
Grounds
Parliament enacted the right of every person affected by spam to sue.
An Act to promote the efficiency and adaptability of the Canadian economy, S.C. 2010, c. 23, ss. 47 to 51 and 55, assented to 15 December 2010: $200 for each message, up to $1,000,000 for each day.
The Cabinet withdrew the date three weeks before it fell.
SI/2013-127 fixed 1 July 2017 for ss. 47 to 51. On 2 June 2017, P.C. 2017-0580, SI/2017-31, the date was withdrawn without a new one.
The sections died under the Statutes Repeal Act with no vote of either House.
The annual report under the Statutes Repeal Act, tabled 29 May 2025, listed ss. 47 to 51, 55, 68, 89 (2) and 90. Neither House adopted a resolution to keep them. On 31 December 2025: “Repealed before coming into force, 2008, c. 20, s. 3”.
The person harmed receives nothing.
A contravention is punished only by an administrative penalty paid to the Crown through the CRTC. The complainant is not a party and is not told the outcome.
The bill restores the words Parliament enacted and takes the date out of the Cabinet’s hands.
Sections 47 to 51 and 55 in the words of 15 December 2010; in force in the sixth month after royal assent; the section prevails over s. 91 of S.C. 2010, c. 23.
Text of the bill
BILL C-___ / S-___
An Act to amend An Act to promote the efficiency and adaptability of the Canadian economy (private right of action)
Short title
1. This Act may be cited as the Spam Victims' Right of Action Act.
S.C. 2010, c. 23
2. The Act is amended by adding, after section 46, the following heading and sections 47 to 51, in the words enacted by Parliament on December 15, 2010:
Private Right of Action 47 (1) A person who alleges that they are affected by an act or omission that constitutes a contravention of any of sections 6 to 9 of this Act or of section 5 of the Personal Information Protection and Electronic Documents Act that relates to a collection or use described in subsection 7.1(2) or (3) of that Act — or that constitutes conduct that is reviewable under section 74.011 of the Competition Act — may apply to a court of competent jurisdiction for an order under section 51 against one or more persons who they allege have committed the act or omission or who they allege are liable for the contravention or reviewable conduct by reason of section 52 or 53. (2)–(4) [limitation period of three years; affidavit; notice to the Commission, the Commissioner of Competition and the Privacy Commissioner — verbatim as in S.C. 2010, c. 23, s. 47(2)–(4)] 48 [limitation where an undertaking or notice of violation exists; certification by the Commission; effect of application — verbatim as in S.C. 2010, c. 23, s. 48] 49 [notice of discontinuance — verbatim] 50 [right of the Commission, the Commissioner of Competition and the Privacy Commissioner to intervene — verbatim] 51 (1) If, after hearing the application, the court is satisfied that one or more persons have contravened any of the provisions referred to in the application or engaged in conduct referred to in it that is reviewable under section 74.011 of the Competition Act, the court may order the person or persons to pay the applicant (a) compensation in an amount equal to the actual loss or damage suffered or expenses incurred by the applicant; and (b) a maximum of (i) in the case of a contravention of section 6, $200 for each contravention of that provision, not exceeding $1,000,000 for each day on which a contravention occurred, (ii)–(vii) [verbatim as in S.C. 2010, c. 23, s. 51(1)(b)(ii)–(vii)]. (2)–(3) [purpose of order; factors to be considered — verbatim]
3. The Act is amended by adding, after section 54, section 55 in the words enacted on December 15, 2010 (joint and several, or solidary, liability).
4. The amendments to the Competition Act and to the Personal Information Protection and Electronic Documents Act made by section 68, subsection 89(2) and section 90 of S.C. 2010, c. 23, as enacted on December 15, 2010, are re-enacted.
Coming into force
5. This Act comes into force on the day that, in the sixth month after the month in which it receives royal assent, has the same calendar number as the day on which it receives royal assent. This section prevails over section 91 of S.C. 2010, c. 23.