Under Canada’s Anti-Spam Legislation, permission is not a nice-to-have. It is the condition for sending any commercial email, and if a complaint arises, you must prove you had it. The good news: once you understand the two kinds of consent and how long each lasts, building a compliant list is straightforward.

General information only, not legal advice.

Express consent is a clear, positive action by the person, such as ticking an unticked box or typing their email into a sign-up form that explains what they will receive. The CRTC does not accept pre-checked boxes or consent buried in terms and conditions. A valid request should state:

  • the purpose, for example “monthly newsletter and promotional offers”;
  • who is asking, including any business on whose behalf you are asking;
  • your mailing address and a phone number, email or website;
  • that the person can withdraw consent at any time.

Express consent does not expire. It remains valid until the subscriber unsubscribes. Note that you cannot email someone to ask for consent, because that request is itself a commercial electronic message.

SituationHow long implied consent lasts
Purchase, lease or contract with you2 years from the transaction
Inquiry or application6 months from the inquiry
Donation, volunteer work or membership (charities, clubs, political parties)2 years
Address conspicuously published or handed to you (e.g. a business card), without a “no spam” noteWhile relevant to the person’s role

The practical lesson: use the implied-consent window to invite customers to give express consent, for example in the order confirmation or a post-purchase survey. Once they opt in, the clock no longer matters.

Referrals and other special cases

CASL regulations allow a single message to someone referred to you by a person who has a relationship with both of you, provided the message discloses the referrer’s full name and states that it follows a referral. After that first message, you need consent to continue. Messages within an organization, or between organizations that have a relationship, about the recipient’s activities are also exempt. These exceptions are narrow; for ongoing marketing, express consent remains the reliable route.

CASL places the burden of proof on the sender. For every contact, keep the date and time of consent, the form or channel used, the exact wording shown, and the IP address where available. Double opt-in subscription in Mailpro creates this trail automatically: the subscriber confirms by clicking a link, and the confirmation is time-stamped. The difference between single and double confirmation is explained in our FAQ on opt-in versus double opt-in.

Common mistakes Canadian senders make

  • Importing bought lists. Purchased addresses carry no consent you can prove. Our article on why you should never buy email lists explains the deliverability damage too.
  • Letting implied consent lapse. A customer who bought 25 months ago and never opted in is no longer a valid recipient.
  • Forgetting French. A consent request in English only can be unclear to a francophone subscriber in Quebec, which undermines “informed” consent.
  • Slow unsubscribes. The limit is 10 business days. Mailpro processes unsubscribes immediately.

The data you collect with consent is personal information under PIPEDA, and under Law 25 if your subscribers are in Quebec. Explain in your privacy policy where the list is stored. With Mailpro, that is Switzerland, outside US jurisdiction, and the data is never sold or rented. For forms that collect sign-ups, see our guide to creating a CASL-friendly subscription form, and once your list is ready, move on to sending effective campaigns.

Compliant email for Canada, from Switzerland

Unsubscribe links, sender details, double opt-in and bounce handling are built into every Mailpro campaign. Start free with 500 credits.