Overview
Canada’s Anti-Spam Legislation (CASL), in force since 2014, is one of the strictest commercial email laws in the world. It gives you clear rights to stop receiving unsolicited commercial electronic messages (CEMs) — emails, texts, social media messages — from any business, and requires that businesses obtain your express or implied consent before sending them in the first place.
Unlike the US CAN-SPAM Act (which allows opt-out), CASL requires opt-in consent — meaning businesses need your permission before contacting you commercially, not after.
Your Core Rights Under CASL
1. The right to unsubscribe from any CEM Every commercial electronic message sent to you must include:
- An unsubscribe mechanism that is clearly and prominently set out
- A mechanism that can be accessed easily (a link, reply address, or other electronic means)
When you use that mechanism, the sender must honour your request within 10 business days and remove you from the list. They cannot charge you a fee to unsubscribe.
2. Implied consent has a time limit If a business has implied consent to contact you (based on an existing business relationship), that consent expires:
- 2 years from the last purchase, contract, or membership
- 6 months from an inquiry you made (e.g., asking for a quote)
After these periods, they need your express consent to keep sending commercial messages.
3. What counts as a “commercial electronic message” Any message with the purpose (or one of the purposes) of encouraging participation in a commercial activity — including selling, promoting, or advertising products/services, directing recipients to websites for commercial purposes, or promoting a person as a business contact.
How to Exercise Your Rights
Step 1 — Use the unsubscribe mechanism in the email. Every legitimate CEM must have one. Click it and confirm if prompted. Keep a record of the date.
Step 2 — If they continue contacting you within 10 business days, wait. CASL allows senders 10 business days to process the request.
Step 3 — If they continue after 10 business days, file a complaint with the CRTC. The Canadian Radio-television and Telecommunications Commission enforces CASL. File at fightspam.gc.ca. Complaints are anonymous and free.
Step 4 — Report to the Spam Reporting Centre. Forward the offending messages to spam@fightspam.gc.ca. This feeds into CRTC’s enforcement database.
Penalties for Non-Compliance
Businesses that violate CASL face administrative monetary penalties of up to:
- $1 million per violation for individuals
- $10 million per violation for businesses
The CRTC has imposed multi-million dollar fines on Canadian and international businesses for CASL violations, including a $1.1 million penalty against a company for ignoring unsubscribe requests.
What Most People Don’t Know
- CASL’s private right of action (which would allow individuals to sue directly for damages of $200 per message up to $1 million per day) was included in the legislation but has been suspended indefinitely by the government — it has not come into force. You cannot personally sue under CASL; only the CRTC can bring enforcement action.
- CASL applies to messages sent from or received in Canada — so foreign businesses targeting Canadians are also subject to CASL.
- Referral messages are covered. If someone sends you a message saying “our friend [your name] thought you’d be interested,” CASL requires the original sender to have authorized the referral — not just the friend.
- Transactional messages are not CEMs. Messages about a product you already bought (shipping confirmation, warranty notice, account statement) are not commercial electronic messages and aren’t regulated by CASL’s consent requirements.
- Political parties are exempt from CASL — so you may not have legal grounds to stop political fundraising emails under CASL, though many parties offer unsubscribe options voluntarily.
Frequently Asked Questions
How long does a sender have to honour my CASL unsubscribe request?
Senders must process your unsubscribe request within 10 business days — not 10 calendar days. If they continue sending commercial messages after that window, they are in violation of CASL and you can file a complaint with the CRTC.
Does CASL apply to foreign companies sending me emails from outside Canada?
Yes. CASL applies to commercial electronic messages that are sent to or received by a computer or device in Canada, regardless of where the sender is located. Foreign businesses targeting Canadian recipients are subject to CASL.
Can I sue a company directly for ignoring my unsubscribe request?
No. CASL’s private right of action — which would have allowed individuals to sue for $200 per message — was included in the legislation but has been suspended indefinitely by the government. Only the CRTC can bring enforcement action; you cannot personally sue under CASL.
Are political party emails covered by CASL?
No. Political parties, candidates, and electoral district associations are explicitly exempt from CASL’s consent and unsubscribe requirements. Many parties offer voluntary unsubscribe options, but you have no legal right to stop political fundraising emails under CASL.
Does CASL cover texts and social media messages, or only emails?
CASL covers any “commercial electronic message” sent to an electronic address — which includes email, SMS/text messages, instant messages, and direct messages on social media platforms. The medium doesn’t matter; what matters is whether the message has a commercial purpose.