Canada’s Anti-Spam Legislation (“CASL”) became effective on July 1, 2014. It is one of the most restrictive anti-spam laws in the world. Unlike the U.S. CAN-SPAM Act that is an “opt-out” framework, CASL enforces an “opt-in” policy. CASL prohibits all commercial electronic messages (“CEMs”), including email and text, that are sent without proper consent. Anyone, including US-based businesses, that sends a CEM to a consumer in Canada is subject to CASL.

The Canadian Radio-Television and Telecommunications Commission, the Canadian Competition Bureau and the Office of the Privacy Commissioner of Canada (“Enforcement Agencies”) are all empowered to enforce and issue administrative and monetary penalties for violations of CASL.