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CASL Compliance

Canada's Anti-Spam Legislation Guide

1. What is CASL?

Canada's Anti-Spam Legislation (CASL) is federal law that regulates the sending of commercial electronic messages (CEMs), including emails, SMS/text messages, and certain social media messages. CASL applies to any commercial electronic message sent to or from a Canadian computer system. As a Canadian platform, MCC Systems is committed to helping our users comply with CASL.

2. Your Obligations as a User

When using MCC Systems' communication features (email, SMS, marketing campaigns), you must:

  • Obtain Consent: Get express or implied consent before sending commercial messages
  • Identify Yourself: Include your business name, mailing address, and contact information in every commercial message
  • Provide Unsubscribe: Include a functioning unsubscribe mechanism that remains active for at least 60 days
  • Honor Opt-Outs: Process unsubscribe requests within 10 business days
  • Keep Records: Maintain records of consent (when, how, and what was consented to)

3. Types of Consent

Express Consent

The recipient has explicitly opted in to receive messages. This is the gold standard.

  • Written or electronic opt-in forms
  • Checkbox on website (not pre-checked)
  • Verbal consent (documented)
  • Does NOT expire

Implied Consent

Consent inferred from an existing relationship. Has time limits.

  • Existing customer (2 years from last purchase/service)
  • Active inquiry (6 months from inquiry date)
  • Published email address (if relevant to their role)
  • Expires after the applicable time period

4. Exemptions

The following types of messages are generally exempt from CASL consent requirements:

  • Transactional messages (invoice notifications, appointment confirmations, work order updates)
  • Messages sent within an existing business relationship for operational purposes
  • Responses to inquiries or requests from the recipient
  • Messages required by law or regulation
  • Internal communications within your organization

Note: Most work order notifications, invoice emails, and appointment reminders sent through MCC Systems qualify as transactional messages and are exempt from CASL consent requirements. However, marketing campaigns, promotional emails, and newsletters require explicit consent.

5. How MCC Systems Helps You Comply

  • Consent Tracking: Customer records include communication consent status and date
  • Unsubscribe Links: All marketing emails include automatic unsubscribe functionality
  • Sender Identification: Email templates automatically include your business contact information
  • Opt-Out Processing: Unsubscribes are automatically processed and honored across all channels
  • Audit Trail: Communication logs provide a record of what was sent, when, and to whom

6. Penalties for Non-Compliance

CASL violations can result in significant penalties: up to $10 million per violation for businesses, and up to $1 million per violation for individuals. The CRTC (Canadian Radio-television and Telecommunications Commission) enforces CASL. MCC Systems provides the tools for compliance, but ultimate responsibility rests with the account holder.

7. Questions

For CASL compliance questions:

Email: legal@mccsys.ca

This guide is for informational purposes only and does not constitute legal advice. Consult with a legal professional for specific CASL compliance questions.