CASL in Plain English: What Every Canadian Business Needs to Know

If your business sends marketing emails, promotional texts, or even certain social media messages to customers in Canada, you are covered by the Canada Anti-Spam Legislation (CASL). It has been in effect since 2014, but it still catches many small businesses off guard.

Here is the key thing to understand: unlike the American CAN-SPAM law, which allows businesses to email anyone until they opt out, CASL works the other way around. You need consent before you send.

CASL recognizes two types of consent. Express consent means someone has clearly agreed to receive your messages, usually by checking a box or signing up on your website. Express consent does not expire, and it is the safest foundation for your email list. Implied consent is more limited. It applies when someone has an existing business relationship with you (for example, they bought something in the past two years) or when they have made their email address publicly available. Implied consent expires, typically after two years, or just six months for inquiries and applications.

Every commercial message you send must include your business name, a physical mailing address, and a working unsubscribe link. Unsubscribe requests must be processed within ten business days.

The penalties for non-compliance are real. The CRTC can issue fines of up to $10 million per violation for businesses. Directors and officers can be held personally liable, even if the company itself is not fined. In 2025 alone, the CRTC issued 123 warning letters and collected fines ranging from $5,000 to $250,000.

Getting compliant is not difficult, but it does require attention. Start by auditing your current email list: can you prove consent for every contact? Set up a proper opt-in process, keep records of when and how each person consented, and make sure every message includes the required identification and unsubscribe information. If you are unsure where you stand, a quick review with your marketing team or legal advisor is time well spent.