How does CASL work?
- Express consent is captured with a clear opt-in that names the sender; pre-checked boxes do not count.
- Implied consent exists for a limited time after a purchase or inquiry, generally two years for a transaction and six months for an inquiry.
- Every message identifies the sender, gives contact details and includes an unsubscribe mechanism that stays valid for at least 60 days.
- Unsubscribe requests are honored within 10 business days, and consent records are kept so the sender can prove them later.
- Installing software or altering transmission data without consent is also covered, not just email.
A worked example
A Calgary mortgage broker wants a remote assistant to send rate-update emails. The assistant audits the 1,400-contact Mailchimp list and tags each contact by consent source: 620 signed a website opt-in, 510 are past clients within two years of closing, and 270 came from a purchased list with no record. The last group is removed. Each email footer now carries the brokerage name, mailing address and a one-click unsubscribe, and the assistant exports the consent log to a shared drive every month.
Where does CASL show up in your tools?
CASL consent status shows up as a subscription field in Mailchimp, Klaviyo and ActiveCampaign, as a legal-basis property in HubSpot, and as a consent log the sender keeps alongside its email platform exports.
Common mistakes
- Relying on implied consent past its expiry date, which is easy to miss when the CRM has no field for when the relationship began.
- Sending a message to ask for consent, which is itself a commercial electronic message under CASL.
- Treating a US CAN-SPAM opt-out model as sufficient for Canadian recipients, when CASL needs opt-in.
Why does CASL matter?
CASL penalties can reach millions of dollars per violation and apply to individuals as well as companies, which is why Canadian firms are careful about every list they send to. A clean consent record turns email from a liability into a reliable channel. This is a plain-language summary, not legal advice.
How does AssistBPO handle CASL?
For Canadian clients, AssistBPO email marketing assistants send only to contacts with a recorded consent source, and outbound calls and texts run with lawful consent and do-not-call scrubbing. The assistant maintains the consent log, keeps identification and unsubscribe blocks in every template, and processes opt-outs the same business day.