Undertaking: Moustapha Sabir
File No.: 9110-2019-00516
Effective date of undertaking: 10 May 2022
Monetary payment amount: $17,000
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
Moustapha Sabir
Acts and omissions covered by the undertaking and provisions at issue
Moustapha Sabir has voluntarily entered into an undertaking with the Chief Compliance and Enforcement Officer (CCEO) concerning violations of paragraph 6(1)(a).
Following an investigation, the CCEO alleged that Moustapha Sabir had sent, caused and/or permitted to be sent to electronic addresses 66,972 commercial electronic messages (CEMs), between December 20, 2018, and December 9, 2019, inclusively.
A Notice of Violation (NOV) was issued to Moustapha Sabir on 17 January 2022 following the investigation into the alleged non-compliant activities. Moustapha Sabir 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
Moustapha Sabir voluntarily agreed to resolve the CCEO’s outstanding concerns regarding compliance with the Act and the Regulations by entering into an undertaking.
As part of this undertaking, Moustapha Sabir agrees to make a monetary payment of $17,000 to the Receiver General for Canada in accordance with subsection 28(3) of the Act.
In addition to the monetary payment, and for a period of five years as of the signing of the undertaking, Moustapha Sabir undertakes to:
- comply with the Act, including and in particular paragraph 6(1)(a) of the Act, and to cease any activities likely to contravene any of sections 6 to 9 of the Act;
- complete at least one hundred hours of voluntary community service (non-remunerated) for an organization with a community focus and if he fails to meet this obligation, Moustapha Sabir will donate $5,000 to a charitable organization by the end of the second year of this undertaking; and
- provide access to his all-electronic devices (including telephones and computers) to representatives of the CRTC to verify compliance with the Act, on demand and without advance notice.
This undertaking fully and completely resolved all outstanding issues between the CRTC and Moustapha Sabir with respect to his compliance with the Act and the Regulations (CRTC), in relation to the CCEO’s investigation into the sending of CEMs up to the effective date of this undertaking.
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