What Is Canada’s Anti-Spam Legislation (CASL)?

DISCLAIMER: The information provided below is not legal advice and is for general informational purposes only. You must obtain advice from a legal council on SMS Compliance for CASL as you assume all responsibility for all legal matters.

The primary goal of CASL is to protect Canadians from unwanted or misleading digital communications. It is designed to reduce the volume of spam, discourage deceptive marketing practices, and encourage responsible digital messaging by businesses and organizations. CASL is enforced by three key regulatory bodies: the Canadian Radio-television and Telecommunications Commission (CRTC), the Competition Bureau, and the Office of the Privacy Commissioner of Canada. These agencies share responsibility for ensuring that individuals and businesses follow the rules.

Under CASL, a commercial electronic message is defined as any message that encourages participation in a commercial activity. This means that if your message promotes your products, services, or brand, it is likely considered a CEM. Even if the message is informational, such as a newsletter or update, it can still fall under CASL if it includes promotional content, such as a discount offer or a link to your online store.

To send a commercial electronic message legally under CASL, three key requirements must be met. First, you must have consent from the recipient. This can be express consent, where the individual clearly agrees to receive messages, or implied consent, which may apply in situations like an existing business relationship. Second, you must clearly identify yourself or your organization in the message. This includes your name or business name, a valid mailing address, and at least one other contact method, such as a phone number or email address. Third, you must include an easy and effective way for the recipient to unsubscribe from future messages. The unsubscribe option must be clearly visible and must be honored within ten business days.

CASL also applies to text messages sent for commercial purposes. If you are sending promotional offers, event announcements, or reminders to Canadian mobile users, those messages must follow the same rules. This includes obtaining proper consent before sending the message, identifying your business, and providing an opt-out method such as replying STOP to unsubscribe.

Failure to comply with CASL can result in significant penalties. Individuals can be fined up to one million Canadian dollars per violation, while businesses can face fines of up to ten million Canadian dollars. In addition to financial penalties, CASL violations can damage a company’s reputation and customer trust.

Complying with CASL involves more than just meeting the legal minimum. It also means maintaining good recordkeeping practices, training your staff on compliance standards, and regularly reviewing your marketing systems to ensure they meet CASL requirements. By taking a proactive approach, your business can continue to communicate with your Canadian audience in a way that is both effective and respectful.