In Canada, commercial email needs provable express or statutory implied consent
Can I send marketing email to a Canadian without express opt-in under CASL?
In one sentence
Canada needs you can prove — not US-style “mail until they .”
Plain English
(Canada’s email law) is stricter than US . You need express or a limited implied type the law lists, plus clear who-you-are text and a working . Keep records of what people saw when they joined. Penalties can be very large; treat Canadian addresses as high-stakes.
Why it matters. US playbooks on Canadian lists create legal and brand risk. If you cannot show , you should not send marketing there.
Dotted words open definitions. Full glossary.
What to do
Your move — not a lecture
Part platform, part you
The platform covers the mechanical bit. The judgement is still yours.
store timestamps and honour unsubscribes when configured for fields.
Your part: Whether was valid, which statutory implied route applies, and proof artefacts.
What to do first
Export 20 Canadian profiles at random. For each, write type, source, and date. Any blank is a hole.
You can skip this if: You never send commercial email to Canada.
Who this applies to
Anyone sending CEMs to recipients in Canada, including foreign senders and B2B.
Checklist
- 01Prefer express with clear purpose language; avoid pre-ticked boxes.
- 02Map implied to the statutory relationship or publication routes only.
- 03Keep form copy, timestamp, source and withdrawal history.
- 04Treat CAD $10M as a ceiling in the statute, not a forecast of your fine.
That’s enough to act. Sources and exact wording are below for counsel, bosses, or AI tools that need a citation. Not legal advice.
Proof
Exact position, enforcement, sources
For records and people who will check you. Skip if Monday’s move is already clear.
The exact position
Canada's Anti-Spam Legislation forbids sending a commercial electronic message without and prescribed identification content. Consent may be express or implied, but implied only through routes Parliament listed—not a vague "reasonable expectations" test. The person asserting consent bears the burden of proof. Corporate administrative monetary penalties can reach CAD $10 million per violation; individual ceilings are CAD $1 million. These are maxima, not automatic tariffs.
What happens if you do not
CRTC has issued public enforcement actions and AMPs. Recent actions should be read on the CRTC index; not every AMP is a routine marketing-email fact pattern.
Sources
- CASL (S.C. 2010, c. 23) commercial electronic message and consent provisionsPublished 1 Jul 2014Read primary source
- CRTC, CASL guidance and enforcementNo publisher dateRead primary source
Related
History of this page
- Re-verified against primary sources (bulk/auth/consent core).
- Added from statute and CRTC materials.