CASL Exemptions: When You Don't Need Consent to Email in Canada

CASL's consent requirement is broad — but it's not absolute. The legislation contains a range of exemptions that allow businesses to send certain types of commercial electronic messages (CEMs) without express or implied consent. Understanding these exemptions can save you unnecessary friction, though relying on one is a judgement call worth checking against the CRTC guidance below.

Last updated: April 2026

The Two-Part CASL Analysis

Before applying exemptions, understand the test:

1. Is the message a Commercial Electronic Message (CEM)? — A CEM is any electronic message that encourages participation in a commercial activity (buying, selling, promoting a business, product, or service)
2. If it's a CEM, does an exemption apply? — If yes, no consent is required. If no, you need express or implied consent.

Even when an exemption removes the consent requirement, you should still follow good practices (including unsubscribe mechanisms where practical).

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The Major CASL Exemptions

1. Messages Between Personal Relationships

CEMs sent within a personal relationship are exempt from CASL consent requirements. A personal relationship exists when two individuals have had direct, voluntary two-way communication and it would be reasonable to conclude they have a personal relationship (family, friends).

What this means:

• Emailing a friend about your business opportunity is exempt
• Family-to-family business referrals are exempt
• Cold outreach to strangers is NOT covered by this exemption even if you've met briefly at an event

Practical note: This exemption is narrow and personal — it doesn't help businesses with large-scale B2C or B2B communications.

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2. Messages Within an Existing Relationship — No Commercial Purpose

If the message is purely informational (no commercial element), it may not be a CEM at all — and therefore CASL doesn't apply.

Examples:

• Password reset emails
• Account notifications (a file was shared, a task was completed)
• Security alerts
• System status updates

The key: if the message encourages any commercial activity, it becomes a CEM. Adding a "while you're here, check out our new feature" to a password reset email can convert it to a CEM.

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3. Transactional Messages (Facilitation Exception)

Paragraph 6(6)(b): Messages that facilitate, complete, or confirm a commercial transaction the recipient has already agreed to are exempt.

Examples of exempt transactional messages:

• Order confirmation emails
• Shipping notifications
• Payment receipts
• Booking confirmations
• Account setup emails after a signup
• Subscription renewal notifications (for a subscription the customer signed up for)

The critical boundary: A pure transactional message is exempt. But if you add promotional content to a transactional message, the message may become a CEM requiring consent.

Safe addition: "Your order has shipped — track it here" with a link to tracking. May cross the line: "Your order has shipped! P.S. — check out our new collection and save 20% on your next order."

When in doubt, keep transactional messages purely transactional.

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4. Messages That Are Requested by the Recipient

If a recipient explicitly requests information about your business, product, or service, you can respond with a CEM. Their request constitutes consent for that specific response.

Example: Someone fills out a "Contact Us" form asking for pricing information. You can respond with pricing details (and some commercial context) — their inquiry is effectively consent for that communication.

Limitation: This covers the specific requested response, not an ongoing marketing relationship. You can't use a single inquiry to add someone to your newsletter without additional express consent.

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5. Messages to Current Employees

CEMs between an organisation and its employees are exempt. Internal communications, HR announcements, and workplace-related messages don't require CASL consent.

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6. Messages Responding to Complaints, Inquiries, and Warranty Claims

CEMs that respond to requests, complaints, or satisfy warranty, recall, safety, or security obligations are exempt.

Examples:

• Responding to a customer service complaint
• Sending a warranty information email after a product purchase
• Notifying customers about a product safety recall

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7. Registered Charity Fundraising

Section 3(g) of the Electronic Commerce Protection Regulations excludes CEMs sent by or on behalf of a registered charity where the message's primary purpose is raising funds for the charity. This covers:

• Fundraising appeals from registered charities to their existing supporters
• Annual campaign emails

Note: This exemption is for fundraising messages specifically. Marketing for a charity's commercial activities (selling merchandise, events) is not covered by this exemption.

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8. Political Party and Candidate Messages

Section 3(h) of the Electronic Commerce Protection Regulations excludes messages sent by or on behalf of a political party or organization, or a candidate for publicly elected office, where the message's primary purpose is soliciting a contribution. This covers:

• Fundraising messages from political parties (note: this overlaps with Elections Canada rules)

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9. Messages to Electronic Addresses Obtained "Conspicuously Published"

This is often misunderstood. Section 10(9)(b) provides that implied consent may exist when an individual has "conspicuously published" their electronic address (e.g., posted on a public website or business directory) AND:

• The message is relevant to their business, role, or function
• They have not indicated that they don't wish to receive unsolicited messages

This is implied consent, not an exemption from CASL — it still requires an unsubscribe mechanism and identification. But it allows B2B outreach to published business email addresses without express opt-in, within these parameters.

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10. Business-to-Business Transitional Provision (Important Historical Context)

When CASL came into force in 2014, there was a three-year transitional period (ending July 1, 2017) for implied consent from existing business relationships. That period has passed — existing business relationships now require tracking the 24-month implied consent window.

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What Is NOT Exempt

These common misconceptions are worth addressing:

Not exempt:

• ❌ Cold outreach to LinkedIn connections you've never transacted with
• ❌ Emailing contacts from purchased lists (unless they've published their addresses conspicuously AND the implied consent criteria are met)
• ❌ Welcome emails to new signups that include promotional content
• ❌ Abandoned cart emails to non-purchasers without opt-in
• ❌ Newsletter subscriptions without opt-in

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Identifying Sender and Unsubscribe — Always Required (Unless Exempt)

Even when sending a CEM under implied consent (where an exemption doesn't fully apply), you must:

• Identify the sender and provide contact information
• Include a functioning unsubscribe mechanism (processed within 10 business days)

The only messages fully exempt from all CASL requirements are those under the explicit exemptions above.

Practical Decision Tree

Step 1: Is the message a CEM (does it encourage commercial activity)?

• No: CASL doesn't apply
• Yes: Continue to Step 2

Step 2: Does an exemption apply? (Transactional? Employee communication? Response to inquiry? Registered charity fundraising? Political? Personal relationship?)

• Yes: CASL consent not required (but best practices still apply)
• No: Continue to Step 3

Step 3: Is there express or implied consent?

• Yes: Can send (with identification and unsubscribe)
• No: Cannot send — obtain consent first

Frequently Asked Questions

Q: Our app sends push notifications encouraging users to upgrade. Does CASL apply? A: Push notifications sent to an app the user downloaded and consented to use are generally considered to have implied consent for app-related communications. But upgrade prompts constitute CEMs — if users haven't opted in to marketing, you rely on implied consent from the app installation/subscription relationship.

Q: We're a B2B company and email procurement managers at target companies. Is this exempt? A: If their email address is published conspicuously (on the company website or public directory) and your message is relevant to their role, you may rely on the published-address implied consent provision. But you must include identification and an unsubscribe mechanism.

Q: What about SMS messages for transactional confirmations? A: SMS messages are also covered by CASL if they are CEMs. The transactional message exemption applies to SMS just as it does to email — pure transactional SMS (delivery notification, appointment confirmation) is likely exempt.

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Know Your Exemptions. Stay Compliant.

Canada Compliance AI helps Canadian businesses assess their commercial email practices, identify applicable CASL exemptions, and build compliant communication programmes.

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Related reading: What is CASL | CASL Express vs Implied Consent | CASL B2B Cold Email