CASL: What You Need to Know

 By Rachel Levy Sarfin

Canada’s Anti-Spam Legislation (CASL) will come into force on July 1st, 2014. The law has been gaining attention long before it will go into effect, though.

Critics claim it is too broad and overly complicated. Once it comes into force, the law will have an enormous impact on every commercial electronic communication within this country. Robert Burko, president and founder of the marketing firm Elite Email, shared his tips on how to navigate the marketing landscape in the wake of this legislation.

Burko explained that the most important thing to know about CASL is that you must obtain consent from the people with whom you plan to communicate. “Gone are the days of being able to email whoever you want, whenever you want, without caring about whether you have permission to contact that person,” he stated.

Elite Email’s president emphasized that communicators need to obtain consent according to the law’s specifications. Burko added that there are two types of consent: express and implied. “The best type of consent is ‘express consent,’ which is when the person you are emailing has explicitly said ‘Yes, I want to receive your emails,’” he remarked. “The other type of consent is ‘implied consent,’ which is when someone has paid you or entered into a contract with you and a two-year window is created where you can email them.”

Violating CASL will result in hefty penalties. Fines for breaking this law can reach up to $1 million for individuals and up to $10 million for companies. Even non-Canadians can be found guilty of breaking CASL’s rules. The law applies any time someone uses a computer or mobile device in Canada to access a commercial electronic message, which includes emails and text messages. That means that an American business can be liable for penalties if a…

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A consumer’s perspective on Transportation and Parking

By Jay Gajiwala, Faculty of Science, B.Sc., Spec. Hons. Biology (Biomedical Science)
Tom Arnold Scholarship in Parking Industry Advancement at York University 2014 recipient

To observe how our cities and communities change as time passes is a duty of every resident. As a resident of Canada, I would like to document what I have observed over the years in the transportation and parking industries and the direction that I hope the industries will take in the future for cities and communities across Canada. 

Over the last 50 years, the impact transportation has had on our societies is phenomenal. Cities and communities have been built with transportation in mind. At the root of the transportation is the parking industry. In the time when automobiles were a rare commodity, space was vastly available for use. However, as the population owning an automobile grew, the realization came that parking space is not unlimited. This resulted in parking facilities and technologies becoming more important than one could have ever thought.

For a long time, the goal has been to park as many automobiles in as little space as possible. To achieve this goal, we see vertical parking garages raised from the ground so that the limited land in urban areas can be utilized with more efficiency. The importance of the management of parking space is also evident in any downtown core of a city. For example, avoiding on-street parking during rush hours is a great way of using space to its full capacity. These and many other innovations have been geared towards efficient use of space.

In a growing city where parking is limited, many drivers find themselves needlessly wasting time going back and forth for parking spots. To address this, over the past decade parking spot counting systems have evolved in heavily populated areas where parking spaces…

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Smart Attrition: As the parking meter follows the pay phone

By Bern Grush

Most of us in the parking industry are aware that the days of the parking meter are waning. But these machines will not disappear suddenly. Rather they will experience a long slow decline over the next decade, in many ways repeating what the phone booth has just been through. How meter attrition will be managed is a key consideration for your city’s next meter refresh—especially because it should be your last one. The wrong choice could mean a significant loss.

In March 2014, Dennis Burns wrote about the success of the Washington, D.C. pay-by-phone program: “…the D.C. program has earned 550,000 customers and accounts for 40 percent of the city’s parking revenues. About 80 percent of the seven million transactions to date employ smart phones, with payment options that include credit cards, an online and mobile money management solution, and PayPal.”

When will you go meterless?

While we have come some distance since the first parking meter in the 1930s, we will progress much further in the next few years. As automobiles get smarter, the act of pausing to pay for parking – even on a smartphone – will become unnecessary and increasingly undesirable. High enforcement costs are driving cities toward digital credentials tied to license plates that can be rapidly scanned for payment confirmation. New technologies are enabling more robust analytics that allow flexible pricing management. Older style, curbside meters—both single space meters (SMSs) and multi-space meters (MSMs) delay this progress.

The current supply of on-street meters in North America ranges from a full complement of pay-by-license plate meters, such as in Calgary and Pittsburgh, to none at all. At some point in the foreseeable future, parking will be managed in the great majority of all these cities by all-digital means including phone, Web or in-vehicle, self-paying meters. Accompanying…

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Snow and Ice Summit

By Tony DiGiovanni

Slip and fall claims are a serious threat to your parking operations just like they are in the snow and ice management industry. The snow industry represented by Landscape Ontario and the Canadian Nursery Landscape Association (CNLA) received a shock a number of years ago when an insurance carrier decided they were no longer interested in insuring snow operations because of the financial risks. Even though members collectively paid millions of dollars, the insurance company decided not to renew. This was a wake-up call. Risk management has become the number one priority for the ice and snow management sector.

In April, a Snow and Ice Summit was organized by the CNLA risk management committee in order to bring together all stakeholders in a common effort to deal with the issue. The Canadian Parking Association was at the table to hear from other stakeholders and to provide insight from its members’ perspective.

The summit began with an introduction by Gerald Boot (Chair). He spoke about the challenges of slip and fall claims and how the situation will get worse unless we work together to find solutions. It is no longer possible to download all the risks to the contractor through “hold harmless” clauses in the contract. Eventually insurance rates will become exorbitant, or in some cases insurance will be impossible to get. The issue affects all stakeholders.

Lawyer Robert Kennaley gave a lawyer’s perspective on the issue. He stressed that if all stakeholders joined together we would have the opportunity to improve best practices, save money, do better with environmental stewardship, save crumbling infrastructure and improve safety and quality of life. He talked about the problems of transferring risk to the contractor. One-sided agreements do not work. It is expensive to transfer risk. It encourages more salt use and therefore costs….

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Getting Smart About Salt

By Lyndon McLean

Winter salt is an inexpensive and easy way to deal with icy patches. Trucks salting roadways and neighbours spreading a little de-icer on the front sidewalk are familiar sight. But as a tragedy such as the collapse of the Algo Centre Mall in Elliot Lake shows, there can be high costs associated with overuse of salt and a lack of facility maintenance.

The Smart About Salt Council is an independent, not-for-profit organization dedicated to protecting the environment through programs that improve management of winter salt used to control ice on sidewalks, parking lots and roadways. The council was started by its partners, the Region of Waterloo, Landscape Ontario Horticultural Trades Association, Building Owners and Managers Association of Ottawa, and Ontario Good Roads Association.

In response to concerns over rising levels of sodium and chlorides in municipal drinking water, the Region of Waterloo took action. One of the first large municipalities to recognize that winter salt use is a major problem, they developed an active strategy for more efficient salt use on its roads. But they also developed the Smart About Salt program, designed to teach private contractors and property managers the best practices of salt management that help to reduce its use while still ensuring that public safety is not compromised.

From building owners to snow removal contractors to the general public, each partner has an important stake in ensuring that its members and constituents understand the program’s value in protecting the environment. All partners encourage everyone to participate in and promote this program. For example, the Region of Waterloo now requires all of its contractors that apply salt on its building properties to be registered in the Smart About Salt program, as contracts are renewed.


Smart About Salt’s Guiding Principles

  • To protect freshwater…

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