COMPLIANCE

CASL and broker marketing

Most brokers assume a past client can be emailed indefinitely. The implied-consent windows are shorter and more specific than that.

Canada's anti-spam legislation governs commercial electronic messages — email, SMS and most direct messaging. It applies to a rate update, a newsletter and a one-line note asking whether someone is renewing. The burden of proving consent sits with the sender, not the recipient.

The two kinds of consent

Express consent

Given knowingly, in writing or orally, on an opt-in basis. A pre-checked box is not valid. It does not expire until it is withdrawn, which is why it is worth collecting properly.

Implied consent

Arises from a defined relationship and runs on a clock. When the clock expires, so does the right to send.

The implied-consent windows brokers rely on most

  • An existing business relationship — two years from the purchase, contract or transaction
  • An inquiry or application — six months from the date of the inquiry
  • An existing non-business relationship such as a membership or volunteer role — two years
  • Conspicuous publication of a business address, where the message is relevant to that person's role

A rate enquiry buys six months, not two years

The six-month inquiry window is the one most often misread. Someone who asked for a quote and never transacted is a six-month relationship. A funded deal starts a two-year clock from the transaction. Because the windows attach to defined events, do not assume the ongoing life of a mortgage keeps a relationship permanently alive.

What every message must contain

Identify yourself, and identify anyone else on whose behalf the message is sent, with contact information that stays valid. Where including all of it is impractical, a link to a readily accessible page is permitted, at no cost to the recipient.

An unsubscribe mechanism must be easy to use, must stay functional for at least 60 days after the message is sent, and requests must be given effect within 10 business days.

Penalties

Administrative monetary penalties run up to $1 million per violation for an individual and $10 million per violation for a corporation. Directors, officers and agents can be personally liable where they directed, authorised or participated in the violation, which is the part that should interest anyone running a brokerage.

Common questions

How long does implied consent last after a mortgage inquiry?
Six months from the date of the inquiry. A funded transaction is different and gives two years from the purchase, contract or transaction.
Does an ongoing mortgage keep CASL consent alive?
No. The implied consent windows attach to defined events rather than to the life of the mortgage, so a two year clock runs from the transaction and then expires.
How long must an unsubscribe link keep working?
At least 60 days after the message is sent, and an unsubscribe request has to be given effect within 10 business days.

Where to verify this

The CRTC publishes CASL guidance and FAQs at crtc.gc.ca, and the government's overview sits at fightspam.gc.ca. Current as of 1 September 2026.

Marketing support that stays inside the rules

Brokers at A.I.M.I. Collective get campaign tooling and templates built with consent tracking in mind.