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CASL & The Telecommunications Act: Key Requirements for Organizations in Canada

Organizations operating in Canada must comply with both Canada’s Anti-Spam Legislation (CASL) and the Telecommunications Act, which set strict rules around electronic communications, marketing, and privacy.

1. Canada’s Anti-Spam Legislation (CASL)

CASL regulates commercial electronic messages (CEMs) to protect consumers from spam, phishing, and other digital threats.

What Organizations Must Do Under CASL:

✅ Obtain Consent – Before sending CEMs (e.g., emails, SMS, social media messages), organizations must have express or implied consent from recipients.
✅ Provide Identification – Every message must include accurate sender information, including the organization’s name, contact details, and address.
✅ Include an Unsubscribe Mechanism – CEMs must have a clear and easy-to-use unsubscribe option, and requests must be honored within 10 business days.
✅ Avoid Malicious Practices – Organizations must not use false or misleading sender information, install software without consent, or harvest email addresses.
✅ Record-Keeping – Maintain records of consent, including how and when it was obtained, in case of regulatory audits.

📌 Penalties: Non-compliance can result in fines up to $10 million for businesses and $1 million for individuals per violation.

CASL (Canada’s Anti-Spam Legislation) Compliance Checklist

✔ Obtain Consent Before Sending Commercial Electronic Messages (CEMs)

• Express Consent: The recipient has actively agreed (e.g., checked an opt-in box).
• Implied Consent: Exists if there is a business relationship (e.g., past purchase within 2 years).
• Maintain records of who gave consent, when, and how.

✔ Include Mandatory Information in All CEMs

• Business name, contact details, and postal address must be clearly visible.
• If sending on behalf of another party, both must be identified.

✔ Provide an Unsubscribe Mechanism

• Every CEM must have a clear, easy-to-use unsubscribe option.
• Opt-out requests must be processed within 10 business days.

✔ Avoid Misleading Information & Unauthorized Software Installations

• Do not use false sender names, misleading subject lines, or deceptive URLs.
• Obtain consent before installing software or tracking tools (e.g., cookies, apps).

✔ Maintain Compliance Records

• Keep records of all opt-ins, opt-outs, and communication consents.

✔ Regularly Train Staff on CASL Compliance

• Ensure marketing, sales, and IT teams understand CASL requirements.

2. The Telecommunications Act (Canada)

The Telecommunications Act governs telecommunications services, including phone calls, text messages, and internet-based communications.

What Organizations Must Do Under the Telecommunications Act:

✅ Follow Do Not Call List Rules – Organizations making telemarketing calls must register with the National Do Not Call List (DNCL) and ensure they do not contact numbers on the list.
✅ Obtain Consent for Marketing Calls – Telemarketers must have express consent to contact individuals, especially for automated calls (robocalls).
✅ Disclose Identity & Purpose – Callers must clearly identify themselves, their organization, and the reason for the call.
✅ Follow Time Restrictions – Telemarketing calls are only allowed between 9 AM – 9:30 PM (weekdays) and 10 AM – 6 PM (weekends) (local time of the recipient).
✅ Maintain an Internal Do Not Call List – Organizations must keep a separate internal list of individuals who request not to be contacted.

📌 Penalties: Non-compliance can lead to fines up to $15,000 per violation for corporations.

Telecommunications Act Compliance (Telemarketing & Robocalls)

✔ Follow National Do Not Call List (DNCL) Rules

• Register and check the DNCL before making telemarketing calls.
• Do not contact numbers listed on the DNCL, unless an exemption applies.

✔ Obtain Consent for Telemarketing & Automated Calls

• Express consent must be obtained before making robocalls or pre-recorded messages.

✔ Provide Caller Identification & Disclosure

• Clearly state your name, business name, and purpose of the call.
• Provide a phone number or email where the recipient can contact you.

✔ Follow Calling Time Restrictions

• Weekdays: Calls must be made between 9 AM – 9:30 PM (local time).
• Weekends: Calls must be made between 10 AM – 6 PM (local time).
• No calls on statutory holidays.

✔ Maintain an Internal Do Not Call List

• Maintain an internal DNC list and remove contacts upon request.
• Keep DNC records for at least 3 years.

✔ Train Employees on Telemarketing Rules

• Ensure staff follows DNCL, call time limits, and consent requirements.

📌 Best Practices for Compliance

✔ Use double opt-in for email marketing to confirm consent.
✔ Audit marketing lists every 6-12 months to remove outdated contacts.
✔ Use consent management tools to track opt-ins and unsubscribe requests.
✔ Monitor complaints and adjust marketing practices if necessary.
✔ Consult a privacy lawyer or compliance officer for complex cases.

Why Compliance Matters

Both CASL and the Telecommunications Act are designed to protect consumer rights and privacy. Organizations that follow these laws not only avoid hefty fines but also build trust with their audience by respecting their communication preferences.