ARCHIVED - Undertaking: Porter Airlines Inc.
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Ottawa, 29 June 2015
File Nos.: 9109-201500402-001
Signature Date: 26 June 2015
Monetary payment: $150,000
Pursuant to section 21 of the 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 (the Act), Porter Airlines Inc. has voluntarily entered into an undertaking with the Chief Compliance and Enforcement Officer (CCEO) of the Commission, in relation to alleged violations of paragraphs 6(1)(a), 6(2)(b) and 6(2)(c) and non-compliance with paragraph 11(1)(b) and subsection 11(3) of the Act,as well as non-compliance with subsection 2(2) and section 3 of the Electronic Commerce Protection Regulations (CRTC), SOR/2012-36 (the Regulations (CRTC)), during the period of 1 July 2014 to 16 April 2015, inclusively:
From 1 July 2014 to 23 February 2015, inclusively, Porter Airlines Inc. sent certain commercial electronic messages to email addresses for which it did not have proof of consent for each electronic address.
Further, some messages sent during the above-noted time period did not provide complete contact information as required under the Act and the Regulations (CRTC). Other messages sent within the above-noted time period contained either no unsubscribe mechanism or one that was not set out "clearly and prominently". In particular, some messages contained two unsubscribe links, one of which did not function properly. Therefore, the unsubscribe mechanism was not clearly set out because it was not apparent which mechanism was functional.
Lastly, there was at least one confirmed instance where an unsubscribe request was not given effect within 10 business days, and commercial electronic messages continued to be sent between 11 February 2015 and 16 April 2015, contrary to the legislation. Once made aware of the investigation by the CRTC, Porter Airlines Inc. took corrective measures, such as updating its mailing list, to comply with the Act.
Pursuant to section 21 of the Act, Porter Airlines Inc. has entered into an Undertaking which includes a monetary payment of $150,000. In addition to this amount, Porter Airlines Inc. undertook to comply with, and ensure that any third party authorized to send a commercial electronic message on its behalf complies with, the Act and Regulations (CRTC), and to update and implement its compliance program.
The compliance program will be updated and implemented by Porter Airlines Inc. with the goal to promote compliance with the Act and the Regulations (CRTC). More specifically, the program will cover elements such as corporate compliance policies and procedures, training and education, monitoring, auditing and reporting mechanisms, and consistent disciplinary procedures.
Porter Airlines Inc. has agreed to pay the amount of $150,000 to "The Receiver General for Canada" in accordance with subsection 28(3) of the Act. This Undertaking fully and completely resolves all outstanding issues, including the payment of any specified amount in relation thereto, between the Commission and Porter Airlines Inc. in relation to the CCEO’s investigation into the alleged violations by Porter Airlines Inc. during the period of 1 July 2014 up to and including the date of the Undertaking.
Chief Compliance and Enforcement Officer
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