Related amendments to the Competition Act and PIPEDA are enforced by the Competition Bureau and the Office of the Privacy Commissioner of Canada (OPC) respectively. The Competition Bureau is an independent law enforcement agency which ensures that Canadian businesses and consumers prosper in a competitive and innovative marketplace. The OPC of Canada protects the personal information of Canadians.
Enforcement by the Competition Bureau: The Competition Bureau was initially responsible for overseeing the Competition Act.
Under CASL, the Competition Bureau will be responsible for investigating false and misleading CEMs and deceptive marketing practices in the electronic marketplace, including false or misleading sender or subject information and web links, as well as website content. Although the Competition Bureau will not have the power to impose monetary penalties, any person affected by a violation of CASL and a related amendment to the Competition Act will be able to seek damages through a civil remedy, see relevant section: Civil Remedies for Businesses and Consumers.
Enforcement by the Privacy Commissioner of Canada: The Privacy Commissioner of Canada was initially responsible for overseeing PIPEDA. Under CASL, the Commissioner will also be responsible for investigating the collection of personal information through non-consensual access.