Why CASL matters for your lists
Your organization probably sends more email than you realize: program reminders, newsletters, event invitations, volunteer call-outs, and funding updates. Canada's Anti-Spam Legislation, usually shortened to CASL, sets rules for the commercial electronic messages you send. It applies broadly, and the way it treats charities and nonprofits is more nuanced than a simple exemption, so the basics are worth knowing.
Getting consent right is not only about avoiding penalties. It is part of treating participants with respect: people should know why you have their email address and be able to stop hearing from you easily. When you explain data collection to participants clearly, CASL practice and good practice tend to line up.
What CASL actually covers
CASL applies to a commercial electronic message, which is any electronic message that encourages participation in a commercial activity. That can include emails promoting a paid program, a fundraising campaign, or a ticketed event. Purely informational messages, and some fundraising messages sent by registered charities, may be treated differently.
Because the categories can overlap, many organizations apply consent and identification practices to most of their bulk email rather than sorting message by message. The Government of Canada maintains official CASL guidance that explains the categories in detail.
Express and implied consent
CASL generally recognizes two kinds of consent. Express consent is when someone actively agrees to receive your messages, for example by ticking an unchecked box or entering their email into a sign-up form for that purpose. It does not expire until the person withdraws it.
Implied consent can exist in specific situations, such as a recent registration or donation. Implied consent is usually time-limited. A practical habit is to record how and when you got consent, so you are not guessing later.
Ask for express consent at sign-in, registration, and event forms.
Keep the request specific: say what people are agreeing to receive.
Never pre-tick the consent box.
What every message must include
Whatever consent you rely on, CASL generally expects each commercial message to identify who is sending it and to give people an easy way to opt out.
Your organization's name, and on whose behalf the message is sent.
A valid mailing address and one other contact method, such as a phone number, email, or web address.
A working unsubscribe link that stays valid for a set period and takes effect promptly.
Honour unsubscribe requests quickly. If someone opts out, remove them from that list rather than moving them to a different one.
Keeping proof of consent
If a question ever comes up, the organization that sent the message is usually the one asked to show consent. Simple, consistent records make this manageable: the date, the source such as a specific form or event, and what the person agreed to. A shared participant record keeps this in one place instead of scattered inboxes and spreadsheets.
Note: This article is general information only and is not legal, financial, or professional advice. For questions about your organization's obligations, consult a qualified professional or the relevant government resource (for example, the CRA for registered charity matters, or your provincial or territorial registry for nonprofit governance).
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Note: This article is general information only, not legal or professional advice.