Canada’s Anti-Spam Law: What Theatre Practitioners Need To Know

By Sarah Farrell, J.D.

Theatres use email and social networking every day to sell tickets to shows, promote events, solicit for donations and volunteers, and engage with audiences between productions.  Canada’s new anti-spam law (commonly known as “CASL”), currently under review and expected to come into force in late 2013 or early 2014, will place considerable restrictions on the sending of commercial electronic messages (which include emails, messages to social networking accounts and text messages.)  Failure to comply with CASL requirements may result in penalties of up to $1 million for individuals and up to $10 million for corporations.

Once CASL is in force, following a mandated transition period and subject to some exceptions, senders will be prohibited from sending (or allowing to be sent on their behalf) any commercial electronic messages without first obtaining express or implied consent from each intended recipient of those commercial electronic messages.  The rules and restrictions surrounding express and implied consent are outlined in CASL. 

Regardless of whether a sender is able to rely on express or implied consent under the law, all commercial electronic messages will have to include specific information with respect to the sender, and a CASL-compliant unsubscribe mechanism.  Recipients will be permitted to withdraw express or implied consent at any time, and senders will be required to comply with unsubscribe requests within a specific period of time--without recipients having to take any further actions.  Senders will want to keep clear records of all express and implied consents, and should keep track of the expiry or withdrawal of any such consents so that commercial electronic messages are not sent to any recipients whose consents have expired or been withdrawn.

With some forward planning and thoughtful administration, you may be able to avoid incurring costly unwanted penalties.  Join us on March 26 at 2pm for Theatre Ontario’s workshop “Canada’s Anti-Spam Law: What Theatre Practitioners Need To Know” to learn more about the restrictions and compliance requirements set out under this law.

Sarah Farrell (www.sarahfarrell-law.com) is a Toronto-based entertainment lawyer who focuses on the law affecting theatre practitioners in Ontario.  The contents of this article do not constitute legal advice nor do they create a solicitor/client relationship between Sarah Farrell and the reader.  Each individual and organization will have its own specific concerns and circumstances that it will need to address when dealing with the issues set out in this article.  It is strongly recommended that the reader seek independent legal advice prior to following any course of action related to this article.  This article is not an exhaustive review of the topic set out herein and only provides a snapshot overview of some of the issues surrounding that topic.  Source: http://fightspam.gc.ca/eic/site/030.nsf/eng/home

Browsing The Bulletin Board

There are a few spaces still available in our Self-Start: The Basics of Producing workshop on February 6—If you want to do a show but have never produced professionally before, and if you want to know what questions to ask first, this session is for you!

We are also still inviting applications for our Introduction to Adjudication course, starting March 12 in Guelph.  Participants will receive training in the principles of adjudication, attend performances of the 2013 Western Ontario Drama League Festival of community theatre, practice adjudicating presentation skills in a private setting, and have the opportunity to perform a practice adjudication at an Ontario community theatre.  The application deadline is February 11.

Upcoming on The Bulletin Board

• The Toronto Fringe Festival still has spaces in the Site-Specific Art category, and are seeking proposals for works that are created to exist in a certain space, animate an unexpected location with performance, and challenge our view of spaces and places.  The proposal deadline is March 4 at 5pm, or when they have filled a maximum of 20 production slots, whichever comes first.

New on The Bulletin Board

• Buddies In Bad Times’ Rhubarb Festival is seeking volunteers to assist artists and festival staff; usher audience members to their performances; and act as a festival representative to our curious public.  The mandatory orientation session is February 13.
• Magnetic North Theatre Festival is inviting submissions for Pitches at the 2013 Festival—this program is for professional artists with projects that have financial and producing strategies in place, seeking collaborators to take the project to the next level.  Application deadline is March 1.

Check out these items, and all our postings of workshops, calls for submission, specific volunteer opportunities, awards, and much more—on Theatre Ontario’s Bulletin Board on our website

Theatre Ontario Invites Nominations for Board Members For 2013-2014

Theatre Ontario invites nominations from individuals interested in serving on our Board of Directors who are committed to assisting Theatre Ontario in its mission to develop and support theatre practitioners across the province, by providing resources, networking, training, and advocacy.

Theatre Ontario also invites nominations for Board members who are not necessarily practicing in theatre, but who are passionate about it and may bring other necessary skills and experience to the Board.

The Board acts as an advocate with the provincial government and the municipalities for issues affecting theatre and the arts.  Board members are expected to participate in Board meetings (usually held four times a year at our Head Office in Toronto), to participate in at least one Board committee (minimum of four meetings a year, not necessarily in person), and to engage in generating revenue (from fundraising, sponsorships, memberships, and services) on behalf of the organization.

Ten of the fifteen positions on the Board are currently elected “to reflect the mandate to ensure regional representation and representation from the professional and educational theatre sectors, as well as any special expertise the Board may require from time to time.”

The nomination deadline is March 26, 2013 at 5pm.  Read the full Call For Nominations for the 2013-2014 Theatre Ontario Board of Directors on our website

ONstage Openings for the week of January 28

In Southwestern Ontario
Feb. 1, Grey Gardens at Hammer Entertainment (Hamilton)

In Toronto
Jan. 28, Aluna Cafe: Casa at Aluna Theatre
Jan. 30, Do You Want What I Have Got? A Craigslist Cantata at Factory Theatre in co-production with Acting Up Stage Company in previews
Jan. 31, Every Letter Counts at Factory Theatre (currently in previews) – world premiere
Jan. 31, Apartment 3A at Amicus Productions

In Eastern Ontario
Jan. 30, blue/orange at Theatre Kingston
Feb. 1, Metamorphoses at National Arts Centre—English Theatre (Ottawa) with previews from Jan. 29

In South Central Ontario
Feb. 1, Suddenly Last Summer at Theatre Burlington

For more information on these shows and other theatre playing across Ontario, visit Theatre Ontario’s ONstage theatre listings on our website.

Call for Applications for the Professional Theatre Training Program

We are now inviting applications for the March 1, 2013 deadline for Theatre Ontario’s Professional Theatre Training Program (PTTP), funded by the Ontario Arts Council, an agency of the Government of Ontario.

The Professional Theatre Training Program offers financial support for unique and flexible training with a chosen mentor in any theatrical discipline (except performance.) One can apply for professional development in his/her own discipline, or a "change of direction" in a career. To apply, applicants must have at least two years of professional experience following their formal education.

Read more about Theatre Ontario’s Professional Theatre Training Program on our website.  After reading the PTTP guidelines, applicants are encouraged to contact Tim Chapman, Professional Theatre Coordinator (tim@theatreontario.org or 416.408.4556 x.12) regarding your application.

Read also about the most recent mentorships (Fall 2012) funded by Theatre Ontario’s Professional Theatre Training program.