Electronic messaging

Things to know

  • Canada’s Anti-Spam Law (known as CASL) is likely the most comprehensive e-messaging law in the world. 
  • CASL applies to “commercial electronic messages” (CEM), which is defined very broadly to include almost all email, SMS, instant messaging and at least some social media communications sent for a commercial purpose. 
  • CASL applies to messages received in Canada (even when the sender is outside Canada) and messages sent from Canada. 
  • Penalties for non-compliance include fines of up to CAD $10,000,000 per violation (e.g., per message)

Things to do

  • Establish which lawful authority (such as consent, an exemption to consent or a full exemption) can be used to send a CEM to Canadian recipients. 
  • If requesting express consent, ensure that your request complies with CASL’s prescriptive form and content rules. 
  • Ensure that the content of any regulated message complies with CASL’s disclosure and unsubscribe requirements. 
  • Implement a corporate compliance plan. 
  • Honour any unsubscribe request without delay, but in any event, no later than 10 business days after receiving it. 
  • Document your approach to compliance. Electronic messaging Need more info? Osler’s Privacy team can help. Find out more at osler.com/dataprivacy

Canada Company Registration

Company Formations Canada offers fast and easy company registration in Canada for non-Canadian residents and foreign companies wishing to operate and do business in Canada.

Register a new company in Canada as a non-Canadian resident


Register a foreign company in Canada


Canada Registered agent services for foreign companies and non-Canadian residents.


Canada Nominee director services for foreign companies and non-Canadian residents.

Shared from: Osler, Hoskin & Harcourt llp Publication

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