What Canada Anti-Spam Legislation CASL 2014 - Commercial Electronic Message Consent, Unsubscribe Requirements and CRTC Enforcement requires
Canada's Anti-Spam Legislation (CASL, S.C. 2010 c. 23, in force 1 July 2014) is one of the world's strictest anti-spam regimes, applying to Commercial Electronic Messages (CEMs) sent to or from Canada via email, SMS, instant message, and social media direct message; CASL requires prior express or implied consent before sending a CEM to a recipient in Canada; express consent requires a positive opt-in by the recipient (pre-ticked boxes are not valid); implied consent exists in limited circumstances including: an existing business relationship (purchase or contract within prior 24 months or inquiry within prior 6 months), conspicuous publication of an email address without a no-solicitation statement, or the recipient's disclosure of their address to the sender; CEMs must contain: the sender's name and contact information (including a mailing address and either a phone number, email, or web address), and an unsubscribe mechanism that must be honoured within 10 business days; the Canadian Radio-television and Telecommunications Commission (CRTC) is the primary enforcement authority and may impose Administrative Monetary Penalties (AMPs) up to CAD 1,000,000 per violation for individuals and up to CAD 10,000,000 per violation for corporations; CASL's private right of action provisions (allowing individuals to sue for CASL violations) were suspended by Order in Council in June 2017 pending further review and have not come into force as of 2026; CASL also prohibits: altering transmission data to misdirect messages (Section 7), installation of computer programs without consent (Section 8), and commercial electronic message harvesting (Section 10).
Pillar: Data Protection & Privacy · Authority: Canadian Radio-television and Telecommunications Commission (CRTC); Competition Bureau Canada; Office of the Privacy Commissioner of Canada (OPC) · Version: 1.0.0 · Last updated:
Primary source: https://laws-lois.justice.gc.ca/eng/acts/E-1.6/page-2.html
SHA-256 integrity: 63b825636c1ed82b33c5b8841c3b3be5350ae30fadb35152c54739dabe6f80ed
Primary Citations — 5 traced to source
- {"title":"Canada's Anti-Spam Legislation (CASL) S.C. 2010 c. 23 - Justice Laws Canada","url":"https://laws-lois.justice.gc.ca/eng/acts/E-1.6/","section":"Section 6(2) (consent requirement and mandatory CEM content), Section 6(3) (record keeping for consent), Section 8 (installation of computer programs without consent - cookies, tracking pixels, apps), Section 10(1)-10(13) (implied consent categories: EBR 24 months purchase/contract, 6 months inquiry, conspicuous publication), Section 11 (unsubscribe processing within 10 business days), Section 20 (CRTC AMP authority), Schedule 1 (maximum AMPs: CAD 1 million for individuals, CAD 10 million for corporations)"}
- {"title":"Electronic Commerce Protection Regulations (CASL Regulations) SOR/2012-36 - Justice Laws Canada","url":"https://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-36/","section":"Section 2 (mandatory CEM content: sender name, mailing address, phone/email/web contact), Section 3 (express consent requirements: positive opt-in, unchecked boxes, description of purpose), Section 4 (unsubscribe mechanism must remain functional for 60 days after send)"}
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