Your online presence is crucial, and respecting your audience’s digital space is paramount. Canada’s Anti-Spam Legislation (CASL), which came into effect on July 1, 2014, continues to be a vital piece of legislation that companies and individuals operating in or targeting Canada must understand and adhere to in 2025. While the core principles remain, staying updated on interpretations and enforcement trends is essential. Sending unsolicited commercial electronic messages (CEMs) can lead to significant penalties if you’re not compliant.
To send a commercial electronic message to an electronic address (including email, SMS, and some social media direct messages), you are required to have the recipient’s consent, to identify yourself clearly, to provide a functional unsubscribe mechanism, and to ensure your communications are truthful and not misleading.
Consent: The Foundation of CASL
You must have valid consent, which can be either express or implied, to send CEMs. Understanding the nuances of each is critical:
- Express Consent: This requires a clear, explicit “opt-in” from the recipient. They must actively agree to receive specific types of communications for defined purposes. Pre-checked boxes or passive consent are not valid. You need to keep records (who, when, how) as proof of express consent. Express consent generally does not expire unless the recipient withdraws it.
- Implied Consent: This form of consent exists only under specific circumstances and has time limitations:
- Existing Business Relationship: If a person has purchased a product, service, or entered into a formal agreement with your business within the last two years, you have their implied consent to send CEMs related to that relationship. A new transaction resets this two-year clock.
- Prospect Inquiries: If someone has inquired about your products or services, you have implied consent to send CEMs related to their inquiry for six months from the date of the inquiry.
- Membership in Organizations: If an individual is a member of a club, association, or non-profit organization, you may have implied consent related to their membership for up to two years after the relationship ends.
- Conspicuously Published Addresses: If an individual’s electronic address is conspicuously published and not accompanied by a statement indicating they do not wish to receive unsolicited messages, you may send CEMs relevant to their business or professional role.
- Referrals: You can send one CEM following a referral from someone with whom you have an existing business, non-business, or personal relationship, provided you clearly disclose the referrer’s name and state that the message is due to the referral.
Important Note for 2025: Be particularly cautious with implied consent, as the timelines are strict. After the implied consent period expires, you must obtain express consent to continue sending CEMs.
Identification: Transparency is Key
Clearly identify yourself and your organization in every CEM. This includes:
- Your name (or the name of the person on whose behalf the message is sent).
- Your business or organization’s name (if applicable).
- Your physical mailing address (must be valid for at least 60 days after sending).
- At least one of the following contact methods:
- A telephone number where an agent can be reached or a voice messaging system is available.
- An email address.
- A website URL.
If the message format is limited (e.g., SMS, social media), you can include a link to a webpage containing all the required identification information.
Unsubscribe Mechanism: Empowering Recipients
You must provide a clear, easy-to-use, and functional unsubscribe mechanism in every CEM. Key requirements for 2025 include:
- The mechanism must be prominently displayed and readily accessible.
- It must allow recipients to easily opt out of receiving future CEMs within 10 business days of their request, without requiring additional steps.
- The unsubscribe mechanism must remain functional for at least 60 days after the CEM is sent.
- For email CEMs, acceptable methods include an unsubscribe link that directs the recipient to a webpage where they can unsubscribe or an email address they can reply to with an unsubscribe request.
- For SMS CEMs, you must offer the option to unsubscribe by replying with words like “STOP,” “END,” “QUIT,” or “UNSUBSCRIBE,” in addition to any website link for unsubscribing. You must also honor these text-based unsubscribe requests.
Truth in Advertising: Maintaining Trust
Your messages must not be false or misleading in any way. This applies to all aspects of the CEM, including:
- Sender information.
- Subject lines.
- URLs and website content linked in the message.
- Metadata.
- The actual content of the message and any offers or promotions.
Important Considerations for 2025:
- Private Right of Action: While initially intended to come into force, the private right of action under CASL remains suspended as of May 2025. Individuals cannot directly sue for CASL violations. Enforcement is solely through the Canadian Radio-television and Telecommunications Commission (CRTC), the Competition Bureau, and the Office of the Privacy Commissioner of Canada.1
- Enforcement Trends: The CRTC continues to actively enforce CASL, with a significant focus on the requirement for readily performable unsubscribe mechanisms. Recent enforcement actions in 2025 highlight the importance of ensuring your unsubscribe process is simple and effective.
- “Product of Canada” Claims: If you are making “Product of Canada” or “Made in Canada” claims in your advertising (which includes electronic messages), be aware of the stringent guidelines set by the Competition Bureau. “Product of Canada” generally requires that at least 98% of the total direct costs of producing the goods have been incurred in Canada, and the last substantial transformation occurred here. “Made in Canada” has a lower threshold (51%) but typically requires a qualifying statement about imported content. Ensure your claims are accurate and not misleading.
- Greenwashing: With increasing focus on environmental claims, be cautious of “greenwashing” – making unsubstantiated or misleading claims about the environmental benefits of your products, services, or business practices in your electronic communications. Amendments to the Competition Act in recent years have strengthened the provisions against such claims, and as of June 20, 2025, private parties may be able to seek leave to bring civil actions for misleading environmental representations. Ensure any environmental claims are based on adequate and proper testing and are not vague or exaggerated.
Staying Compliant in 2025:
- Review your consent practices: Ensure you have a clear understanding of express and implied consent rules and maintain proper records. Update your consent mechanisms if necessary, especially regarding the timelines for implied consent.
- Audit your CEM templates: Verify that all your commercial electronic messages clearly identify you and include a functional and easily accessible unsubscribe mechanism.
- Train your team: Ensure everyone involved in digital communications understands CASL requirements and your organization’s compliance policies.
- Stay informed: Keep up-to-date with any further clarifications or enforcement actions from the CRTC and other relevant bodies.
Complying with CASL is not just a legal obligation; it’s about building trust and respecting your audience. By adhering to these updated guidelines for 2025, you can foster positive relationships and avoid potential penalties.
