Email Marketing Without Breaking CASL: A Small Business Guide

Canada's Anti-Spam Legislation (CASL) applies to commercial electronic messages, such as marketing emails and texts, sent to or from Canadian computers and phones.

1. Consent

• Express consent: the person actively agreed, for example by ticking an unchecked box. It doesn't expire unless withdrawn.
• Implied consent: for example, an existing business relationship, such as a purchase in the last two years, or an inquiry in the last six months.

2. Identification

Every message must identify who is sending it and include contact information, such as a mailing address and a phone number, email or web address.

3. Unsubscribe

• Include an easy, free unsubscribe mechanism in every message.
• Process unsubscribes within 10 business days.

Keep records

Keep proof of consent: when, how and what the person agreed to.

Penalties

Administrative penalties can reach up to $10 million per violation for businesses.

Quick tips

• Don't buy email lists.
• Don't pre-check consent boxes.
• Separate marketing consent from your terms of service.

Sources

• Canada's Anti-Spam Legislation
• Government of Canada: fightspam.gc.ca

Read next: Privacy for Ontario Small Businesses: The PIPEDA Basics

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.

Photos from Pexels: Shopping online with a tablet and a card · A desk with a laptop by a window.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.