Canada is opt-in
Commercial email to people in Canada is governed by Canada's Anti-Spam Legislation (CASL), in force since 2014 and enforced mainly by the Canadian Radio-television and Telecommunications Commission (CRTC). If you've worked to US rules, the big change is this: CASL is opt-in. You need consent before you send a commercial electronic message, and if you're ever challenged, it's on you to prove you had it.
CASL applies to messages sent to or accessed from computers in Canada, so a UK, US or Australian company emailing Canadian subscribers is covered too.
Consent: express or implied
CASL recognises two kinds of consent.
- Express consent is a clear yes: someone ticks an unticked box or types their email address into a form that says what they're signing up for. When you ask for it, you must say why you're asking, who's asking (and on whose behalf, if it's for a client), and that they can withdraw consent at any time. Express consent doesn't expire until the person withdraws it.
- Implied consent comes from an existing relationship, and it runs out. The most common cases for marketers are a purchase, which gives you two years from the most recent purchase, and an inquiry or application, which gives you six months from the most recent inquiry. There are other forms, such as someone publishing their business email without saying they don't want messages, but don't lean on those for marketing.
The practical upshot: a customer who bought from you once, three years ago, and never gave express consent is no longer someone you can market to. Ask for express consent while the implied consent is still valid, and keep a record of when and how each person said yes.
What every email must include
Each commercial message must:
- Identify the sender: your business name, and the name of anyone you're sending on behalf of.
- Give contact details: a mailing address, plus a phone number, email address or web address. These must stay valid for at least 60 days after the message is sent.
- Include an unsubscribe mechanism that's easy to use and free.
Unsubscribes: 10 business days
Unsubscribe requests must be actioned within 10 business days, at no cost to the person. The unsubscribe link or address must keep working for at least 60 days after you send the message. Don't make people log in, confirm several times or tell you why they're leaving.
Some messages are exempt
Purely transactional messages, such as receipts, order confirmations, warranty and safety information, and account notices, don't need consent, although they still need sender identification. Messages within an organisation about its own business, and messages between people with a personal or family relationship, are also exempt. As with any law, don't tuck a promotion inside a receipt and call it transactional.
Penalties
The CRTC can impose administrative monetary penalties of up to C$10 million per violation for an organisation and C$1 million per violation for an individual. Directors and officers can be held liable for their company's violations, and there's a due diligence defence if you can show you took reasonable steps to comply. The CRTC has issued penalties in the hundreds of thousands and above, so this isn't a theoretical risk.
A practical CASL checklist
- Only email people with express consent, or with implied consent that's still in date.
- Record how and when you got consent for every address.
- Turn implied consent into express consent before it expires.
- Put your business name, mailing address and one other contact method in every email.
- Include a free, simple unsubscribe and action it within 10 business days.
- If you're an agency sending for clients, name the client as well as yourself.
Keeping a clean list helps with deliverability as much as compliance. The Mailfois list cleaner runs entirely in your browser, so your subscriber data never leaves your device, and the spam checker flags a missing unsubscribe as part of its review.
Sending in English and French
CASL doesn't say anything about language, but if you email customers in Quebec, the Charter of the French Language does. See French-language email marketing in Quebec for the rules and bilingual email marketing in Canada for a workflow that plans, translates and signs off both languages together.
Frequently asked questions
Do I need consent to send marketing emails to Canada?
Yes. CASL is opt-in. You need express consent, or implied consent from an existing business relationship that's still within its time limit.
How long does implied consent last under CASL?
Two years from someone's most recent purchase, or six months from their most recent inquiry. Express consent lasts until it's withdrawn.
How quickly must I process an unsubscribe in Canada?
Within 10 business days, at no cost to the person. The unsubscribe mechanism must keep working for at least 60 days after you send.
What are the penalties under CASL?
Up to C$10 million per violation for an organisation and C$1 million per violation for an individual.
Compliance and craft go together. Work through the pre-send checklist, or run the whole email through the Mailfois pre-send checker.
