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All of CanadaUpdated April 2026

Email Marketing and CASL

Your rights under Canada's Anti-Spam Legislation, what counts as consent, and how to report violations to the CRTC.

TL;DR

CASL requires commercial electronic messages (CEMs) to have your consent (express or implied), clearly identify the sender, and contain a working unsubscribe mechanism. Violations can be reported to the CRTC and can result in significant penalties.

What CASL requires

A commercial electronic message (email, SMS, social DM) must:

  • Have your consent (express or implied).
  • Clearly identify the sender and their contact information.
  • Include a working, free, easy-to-use unsubscribe mechanism that works for at least 60 days.
  • Process unsubscribe requests within 10 business days.

Express vs. implied consent

Express consent is specific and opt-in. It must be documented.

Implied consent applies in limited circumstances, such as existing business relationships (purchase in past 2 years) or inquiries (past 6 months).

How to report CASL violations

Report spam to the Spam Reporting Centre at fightspam.gc.ca. The CRTC investigates and can impose administrative penalties. A private right of action under CASL has been proposed but is not yet in force.

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