´ºË®ÌÃÊÓƵ

´ºË®ÌÃÊÓƵ Legal Services represents the ´ºË®ÌÃÊÓƵ of Calgary; weÌýadviseÌýsenior leadership and act on behalf of the ´ºË®ÌÃÊÓƵ in all legal matters.

No. ´ºË®ÌÃÊÓƵ Legal Services cannotÌýrepresent or provide legal advice to individual faculty members, staff, or students withÌýregards toÌýnon-´ºË®ÌÃÊÓƵ business or personalÌýmatters.Ìý

For non-´ºË®ÌÃÊÓƵ business or personal matters, please contact the SLA office in the Faculty of Law.

No. ´ºË®ÌÃÊÓƵ Legal Services cannot notarize or commission documents for individual faculty members, staff, or students withÌýregards to non-´ºË®ÌÃÊÓƵ business or personal matters.Ìý

For non-´ºË®ÌÃÊÓƵ business or personal matters, please contact the SLA office in the Faculty of Law.

No. ´ºË®ÌÃÊÓƵ Legal Services cannot provide legal advice on a contract in this instance as faculty members retain copyright to their materials. However, the Copyright Office may be able toÌýoffer guidanceÌýand respond toÌýgeneral questions in regards to author rights and publishing agreements.

No. Only ´ºË®ÌÃÊÓƵ Legal Services has the authority to retain external counsel on behalf of the ´ºË®ÌÃÊÓƵ. Please contact us if you think external counsel needs to be retained for any reason.

The Delegation of Authority Policy sets out who has the authority to sign documents on behalf of the ´ºË®ÌÃÊÓƵ.Ìý

No person has the authorityÌýto make any decisions or sign any document if it creates an obligation or undertaking on behalf of the ´ºË®ÌÃÊÓƵ, unless:

• the person has authority as set out in the Delegation of Authority Policy,
• the person has authority as set out in a resolution of the Board of Governors or the Executive Committee of the Board of Governors, or
• the person has sub-delegated or temporary authority.

Please review the Delegation of Authority Policy for more information.

A commercial electronic message (CEM) is an electronic message in whichÌýit would be reasonable to conclude that the content (includingÌýthe message, the hyperlinks within the message that link toÌýcontent on a website or other database, orÌýthe contact information within the message) encourages participation in a commercial activity.Ìý

CASL does not apply to phone calls or information sent by regular mail.

Commercial activityÌýis defined as any activity of a commercial character, whether or not there is an expectation of profit. Examples of commercial activity includeÌý(i) the purchase, sale or lease of goods, services or land, (ii) providing a business, investment or gaming opportunity, and (iii) advertising or promoting any of these activities.

The core activities of the ´ºË®ÌÃÊÓƵ, i.e. teaching, learning, scholarship and research, are not commercial activities. Consequently, electronic messages that relate solely to these core activities are not CEMs. Messages about student recruitment and information sessions, or about public lectures, exhibitions or performances relating to faculty or student initiativesÌýare also examples of messages related to the ´ºË®ÌÃÊÓƵ’s core activities. For more guidance, please refer to the Applying CASL section ofÌýour Canada's Anti-Spam Legislation page.

It may be difficult to determine whetherÌýan electronic message relatesÌýto any of the ´ºË®ÌÃÊÓƵ's core activitiesÌýor whether itÌýpromotes a commercial activity. If you are uncertain about whether or not a message has a commercial purpose, please contact us.

If the dominant purpose of aÌýmessage is educational, informational or for raising funds, normally CASL will not apply.ÌýHowever, if there is commercial content in the message which encourages participation in a commercial activity, such as a banner ad for a commercial product/service or a linkÌýto a for-profit business' website, this is now a 'mixed purpose'Ìýmessage inÌýwhich CASL may apply.Ìý

If you are uncertain about whether or not a message has a commercial purpose,Ìýplease contact us.

Generally, you need the recipient’s consent before you send them a CEM. Consent can be expressed (opt-in) or implied. Consent is implied ifÌý(i) the sender and the recipient have an existing business or non-business relationship, or (ii)Ìýthe recipient's has given or has conspicuously publishedÌýtheir business contact information, and the CEM is relevant to the recipient’s business/roleÌýand the recipient has not indicated they do not want to receive unsolicited CEMs.

Exceptions include messages sent:

• in response to a recipient’s request for information;
• to facilitate or complete a transaction the recipient previously agreed to;Ìýand
• to provide factual information related to a recipient’s ongoing subscription or membership with the sender.Ìý

An existing business relationship is a relationship between the senderÌý(i.e. the ´ºË®ÌÃÊÓƵ) and theÌýrecipient of a CEM resulting from:

(i) the recipient’s purchase, sale or lease of goods, services or land within the last 2 years;Ìý
(ii)Ìýthe recipient’s acceptance of a business, investment or gaming opportunity within the last 2 years;Ìý
(iii)Ìýa written contract between the recipient and the ´ºË®ÌÃÊÓƵ relating to some other matter, if the contract is still in effect or has expiredÌýwithin the last 2 years; orÌý
(iv)Ìýan inquiry or application made, within the last 6 months, by the recipient to the ´ºË®ÌÃÊÓƵ relating to anything in (i) or (ii).Ìý

An existing non-business relationship is a relationship between the sender (i.e. the ´ºË®ÌÃÊÓƵ) and theÌýrecipient of a CEM resulting from:

(i) a donation or gift made by the recipient to the ´ºË®ÌÃÊÓƵ within the last 2 years;Ìý
(ii)Ìývolunteer work done by the recipient for the ´ºË®ÌÃÊÓƵ within the last 2 years; or
(iii)Ìýmembership in a club, association or voluntary association in the past 2 years.Ìý

CEMs that are subject to CASL must contain the following information.

• the name of the ´ºË®ÌÃÊÓƵ,Ìýas well asÌýthe faculty, school, institute, centre, or administrative unit sendingÌýthe message
• the full mailing addressÌýof the sender as well asÌýaÌýphone number, email address, or website whereÌýthe sender can be contacted
• an unsubscribe mechanism

The unsubscribe mechanism must be easy to use, free of cost, and must take effect within 10 business days. It should allow the recipient to unsubscribe from the mailing list used to send the message that prompted the unsubscribe response. It should not ask the recipient if they wish to unsubscribe from all commercial electronic messages sent by the ´ºË®ÌÃÊÓƵ since, at this time, there is no way to ensure that request can be implemented across all faculties, schools, institutes, centres, and administrative units.ÌýRemember to keep track of all unsubscribe requests to ensure that in the future CEMs are not mistakenly sent out to an individual who does not wish to receive them.Ìý

It is good practice to include an unsubscribe mechanism on all electronic messages, whether or not they are CEMs, if those messages are sent to parties external to the ´ºË®ÌÃÊÓƵ. For example, messages simply inviting alumni to ´ºË®ÌÃÊÓƵ events or asking donors for a donation should include an unsubscribe mechanism.