CASL for Email and SMS: The Operational Checklist Canadian Marketers Need
Commercial email and SMS in Canada rests on three operational requirements: have provable consent before sending, identify the sender and provide contact information, and include a working unsubscribe mechanism. The common failure is not the campaign copy. It is a database that cannot show who consented, when, where, or to what.
Turn CASL into five contact fields
The CRTC’s CASL guidance distinguishes express from implied consent and places the burden of proof on the sender. Store at least:
- Consent status: express, implied, unsubscribed, or not applicable.
- Date and time: include the time zone so the record can be reconstructed.
- Source: the specific form, event, contract, or existing business relationship.
- Version: the consent statement and privacy notice shown at the time.
- Scope and expiry: approved channels; for implied consent, its basis and end date.
Express consent normally requires an active opt-in, not a pre-checked box. The CRTC also notes that an email asking for express consent can itself be a commercial electronic message, so it is not a universal way to repair an unsupported list.
Pre-send review
| Area | Minimum | Frequent mistake |
|---|---|---|
| Authority to send | Provable express consent or a valid basis for implied consent | Treating every business card, public address, or legacy list as permission |
| Identity | Business name and valid contact information | Showing only a campaign nickname with no accountable sender |
| Unsubscribe | Free, clear, and readily performed | Requiring login, a long form, or manual negotiation |
| Suppression | Stop within 10 business days | Suppressing one platform while another continues sending |
Grow the list with a specific promise
State the content and cadence: “one monthly breakdown of Vancouver campaign costs and production decisions” is more credible than “get our latest news.” If a guide download, event registration, or quote request also asks for marketing permission, distinguish required transaction messages from optional promotional consent.
A larger list is not automatically a better one. Segment by service interest, language, and source; retire records that have no engagement or commercial value. A content batching system can make the editorial cadence efficient, but consent and suppression data must synchronize promptly.
Frequently asked questions
Can a business card be added to a newsletter?
Not automatically. The CRTC explains that implied consent may apply when the message relates to the person’s business role and they did not state that they do not want marketing. Assess and document the circumstances.
Does express consent expire?
Under the CRTC guidance, express consent does not expire simply with time, but the recipient can withdraw it. The sender should retain proof for as long as it relies on that consent.
Does CASL apply only to email?
No. Commercial SMS and other messages sent to an electronic address can also be covered. Voice calls are governed under a different set of rules.
Sources and scope
This checklist is based on CRTC CASL regulations and guidance accessed in 2026. It is an operational framework, not legal advice. Unusual list sources and cross-border campaigns should be reviewed by qualified counsel.