MYTH: I won't be able to use
email or my current email list
to promote my products
and services.
Canada's Law on Spam and Other Electronic Threats
No endorsement of any products or services is expressed or implied.
About the law
Canada's anti-spam legislation (CASL) came into effect July 1, 2014. It is in place to protect Canadians while ensuring that businesses can continue to compete in the global marketplace.
If you use electronic channels to promote or market your organization, products or services, Canada's new anti-spam law may affect you.
On January 15, 2015, new rules about installing computer programs came into force. It is now illegal to install programs, such as malware, on someone's computer without consent.
It is your duty to understand and comply with the law.
Compliance Basics
Q:
Do you use email, SMS, social media or instant messaging to send commercial or promotional information about your organization to customers, prospects and other important audiences?
Q:
Do you install software programs on people's computers or mobile devices?
Q:
Do you carry out these activities in or from Canada?
To send a commercial electronic message to an electronic address, you need to have the recipient's consent, to identify yourself, to offer an unsubscribe mechanism and to be truthful.
- Consent: You must have a form of valid consent.
How can I obtain express consent?
What's the difference between express consent and implied consent? - Identification: Clearly identify yourself and your organization. You must include your mailing address. You must also include a phone number for accessing an agent or a voice messaging system, an email address, or a web address for you or the person on whose behalf you are sending the message.
- Unsubscribe mechanism: Provide an unsubscribe mechanism that is functional for 60 days. See examples of acceptable unsubscribe mechanisms.
- Truth in advertising: Your messages must not be false or misleading. They must not have false or misleading sender information, subject matter information, URLs and/or metadata.
To install a program on someone else's computer or mobile device, you must have his/her express consent. Learn more about how to obtain consent in this case.
CASL allows Canadian enforcement against spammers operating in Canada.
Note: This website provides plain language information about the law but is not a substitute for the law itself. You are strongly advised to review our information bulletins and seek your own legal advice regarding how to comply.
Tweet us
Protect Yourself
Watch the webinar
Get the facts
Fact: You can continue to use email if you have express or implied consent from recipients. During the 36-month transition period, you can continue to use your current email list if
- you have previously provided your products or services to them and
- they haven't told you to stop.
MYTH: It's illegal to send promotional emails, text or instant messages, or to
post promotional information
on social media.
Fact: It is not illegal to send commercial electronic messages, but you need consent.post promotional information
on social media.
CASL applies to emails, text and instant messages, and any similar messages sent to electronic addresses.
CASL does not apply to promotional information you post online in places like blogs or social media.
MYTH: Pre-CASL express consent is invalid.
Fact: Express consent received before July 1, 2014, remains valid and does not expire until the recipient withdraws it. MYTH: CASL will stop all spam, including that from overseas.
Fact: No law will eliminate all spam, including that from overseas. CASL allows Canadian enforcement against spammers operating in Canada. MYTH: Compliance is going to be onerous and costly for businesses.
Fact: Businesses that already comply with privacy laws and use common best practices for email marketing will require little effort to comply with CASL.The 36-month transitional provision provides time to adjust and seek express consent from pre-existing clients.
MYTH: I heard that I could be fined up to $10 million for sending an email and that there could be class actions.
Fact: There are no automatic penalties. The CRTC has a range of enforcement tools available, from warnings to penalties (up to $1 million for individuals and $10 million for businesses).
Key Dates
15
Canada's anti-spam legislation (CASL) receives royal assent. It is not brought into force to allow for further consultations on the new regulations that it created.
9
Draft regulations are pre-published in the Canada Gazette, Part I for a 60-day comment period.
1
Fightspam.gc.ca is launched, a new website dedicated to helping Canadians better understand and prevent spam.
3
Final CASL regulations and the date that the Act will come into force are announced.
23
The Competition Bureau, the Office of the Privacy Commissioner of Canada and the CRTC agree to work together to implement their mandates under CASL.
1
CASL comes into force, introducing new rules that will protect Canadians from malicious spam online.
15
Additional measures under CASL that will better protect Canadians from viruses and malware, come into force.
July 1, 2014—The law came into effect:
- You can't send a commercial electronic message if you don't at least have implied consent.
- You have 36 months* to obtain express consent from your past clients or customers.
- You can now report spam.
*This period ends if/when recipients indicate that they no longer consent to receiving your commercial electronic messages.
January 15, 2015—New rules about installing computer programs came into force:
- CASL applies if you install or cause the installation of software on someone's device without consent.
- CASL doesn't apply to owners or authorized users installing software on their own computer systems.
- Get more details about the new rules.
Better safe than sorry—Violating CASL has a price
Legitimate complaints about unsolicited emails may be turned over to the CRTC, which may investigate to determine if the message violates CASL.
If you are judged to be in violation, the CRTC has a range of enforcement tools available.
There are no automatic penalties for violations. The CRTC judges each case based on a series of factors, including the nature of the violation, your history with CASL, whether you benefited financially from the violation and your ability to pay a penalty.
Penalties for the most serious violations of the Act can go as high as $1 million for individuals and $10 million for businesses. Civil cases cannot be brought before the courts until July 2017.
Government Action Timeline
- Date modified:
