Email is still one of the best ways to turn past customers into repeat customers. In Canada, it also comes with clear rules. Canada's Anti-Spam Legislation, known as CASL, applies to most marketing messages you send by email, text or direct message, and the penalties for ignoring it are serious.
This guide covers what we explain to every client before we send a campaign for them. It is a practical overview, not legal advice, so speak with a lawyer if you have a specific situation in mind.
What CASL covers
CASL applies to commercial electronic messages. In plain terms, that is any electronic message that encourages someone to buy, try or take part in something commercial. Newsletters with offers, promotional emails, sales texts and many direct messages all count. The rules apply when the message is sent to or from a computer or device in Canada.
Every commercial message needs three things: consent, identification and a way to unsubscribe.
1. Consent
You need permission before you send. CASL recognizes two kinds, which the Government of Canada explains on its guide to getting consent.
Express consent
Express consent is when someone clearly says yes to receiving your messages, for example by ticking an unticked box on your website or signing up at your counter. It does not expire unless the person unsubscribes. When you ask for it, say who you are, what kind of messages they will receive and that they can unsubscribe at any time.
The CRTC's CASL FAQ is clear that a pre-checked box does not count. The person has to take an action to opt in.
Implied consent
In some situations, consent is implied by an existing relationship. The two most common for small businesses are:
- A purchase or contract: implied consent lasts for two years from the customer's most recent purchase or the end of the contract.
- An inquiry: if someone asks about your products or services, implied consent lasts for six months from the inquiry.
Implied consent runs out. The best practice is to use that window to invite people to give express consent, for example with a short "Want to keep hearing from us?" email.
2. Identification
Every message has to make it clear who sent it. Include:
- Your business name, and the name of anyone you are sending on behalf of
- Your mailing address
- A phone number, email address or website where people can reach you
That contact information needs to stay valid for at least 60 days after you send the message. Most email platforms place this in the footer automatically once you fill in your account details.
3. A working unsubscribe
Every message needs a simple way to opt out at no cost to the recipient. Requests have to be processed within 10 business days. A single unsubscribe link that works on the first click is the safest approach. Asking people to log in or send a separate email to unsubscribe creates friction and risk.
Keep records
If a complaint is ever made, you are responsible for showing that you had consent. Keep a record of how and when each person signed up, what they were told and, for implied consent, the date of their last purchase or inquiry. Most email platforms store sign-up dates and sources if your forms are set up properly.
The penalties
CASL is enforced by the CRTC. Administrative penalties can reach up to $10 million per violation for a business and up to $1 million for an individual. Most small businesses will never face anything close to that, but complaints do happen and the cost of getting it right is low.
A quick CASL checklist
- Every contact on your list gave express consent, or has implied consent that has not expired
- Sign-up forms use an unticked checkbox and explain what people are signing up for
- Every message shows your business name, mailing address and contact information
- Every message has a one-click unsubscribe, and requests are processed within 10 business days
- You keep a record of where and when each contact signed up
- You never buy or rent email lists
Compliant email is better email
The businesses that follow CASL closely usually see better results, because they are sending to people who asked to hear from them. A smaller list of interested customers will outperform a large list of strangers every time.
If you want help building a list the right way and sending emails people look forward to, take a look at our email marketing services or book a discovery call. You can also read how we handle personal information in our privacy policy.
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