> ## Documentation Index
> Fetch the complete documentation index at: https://docs.orbit.devotel.io/llms.txt
> Use this file to discover all available pages before exploring further.

# CASL (Canada's Anti-Spam Legislation) for Commercial Email

> Meet CASL's express/implied consent tiers, sender-identification, and unsubscribe requirements when you send commercial electronic messages to Canadian recipients through Orbit — mapped to the consent ledger and suppression surfaces you already own.

# CASL (Canada's Anti-Spam Legislation) for Commercial Email

Canada's Anti-Spam Legislation (S.C. 2010, c. 23, enforced by the CRTC)
governs **commercial electronic messages** — including email — sent to
Canadian recipients. Unlike the US CAN-SPAM opt-out model, CASL is
largely an **opt-in** statute: you need consent *before* you send, and
the consent has to be documented. CASL came into force on 1 July 2014;
the enforcement and private-right-of-action phases are CRTC matters, so
check current guidance on [fightspam.gc.ca](https://fightspam.gc.ca)
alongside your own counsel.

CASL is a **tenant-owned burden**. Orbit never mandates your posture —
it gives you the send surfaces (sender domains, templates, headers), the
consent ledger, and the suppression layer. This page maps each CASL
obligation to the Orbit surface you already have so your reviewers can
close the gaps deliberately before you send to Canadian recipients.

<Note>
  This page is documentation, not legal advice. CASL carries
  administrative monetary penalties and a private right of action; have
  counsel review your consent capture, identification text, and
  unsubscribe mechanics. Orbit supplies the record-keeping and
  suppression surfaces — the legal posture is yours.
</Note>

***

## What CASL actually requires

The statute's core duties for a commercial electronic message:

1. **Consent** — the recipient must have given **express consent**, or
   fall under one of the statute's **implied consent** categories
   (existing business relationship, conspicuously published address
   relevant to the relationship, a few narrow carve-outs).
2. **Identification** — the message must identify the sender and the
   person on whose behalf it is sent, with a valid postal address
   (or, where the addressee can reach you, a readily reachable
   electronic address).
3. **Unsubscribe** — the message must carry an unsubscribe mechanism
   that is readily performed and remains valid for at least 60 days
   after the message is sent.
4. **Record-keeping** — a three-year record-keeping duty on consent
   evidence; a CRTC audit asks for the record, not for your recollection.

The implied-consent categories are where most operators get this wrong:
a customer who bought from you is in an existing business relationship,
but that implied consent **expires** (generally two years after the
last transaction for purchases, six months after an inquiry). Track the
tier on your consent records, or you cannot tell a CRTC auditor whether
a given recipient was implied or express.

***

## CASL vs CAN-SPAM — the consent-model difference

CAN-SPAM in the US lets you send until the recipient opts out. CASL in
Canada requires consent before you send. Map that difference to the two
relevant Orbit surfaces:

|                             | CAN-SPAM (US)                                       | CASL (Canada)                                                                                                                                                                   |
| --------------------------- | --------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| Consent model               | Opt-out — you can send until suppressed             | **Opt-in** — consent must exist before dispatch                                                                                                                                 |
| Orbit surface for consent   | Suppression list alone is sufficient for US posture | **Consent API** — a `POST /api/v1/compliance/consent` record with `opt_in: true` for express consent; implied-consent tiers tracked on your side                                |
| Suppression scope decisions | Default `email` scope writes per click              | **Canada-specific scope decision** — decide on the bulk-import `channel` column or the Consent API scope whether a Canadian opt-out blocks only email or every channel you hold |
| Enforcement                 | FTC                                                 | CRTC                                                                                                                                                                            |

The scope decision matters more under CASL than it does under CAN-SPAM:
a Canadian recipient's unsubscribe click defaults to scope `email`
(everything on [Opt-Out & Suppression Lists](/compliance/opt-out-suppression)
applies), but because consent is opt-in, many operators route Canadian
opt-outs through the [Consent API](/compliance/consent-management) with
scope `all` so the revocation propagates to SMS and voice too. Pick your
scope deliberately — the defaults are per-entry-point, not
per-jurisdiction.

***

## Identification requirements

CASL s.6(1) requires the message to identify the sender and to carry a
valid postal address (or a reachable electronic one). Orbit's side of
this maps the way CAN-SPAM's header-integrity requirement maps:

| CASL identification requirement                        | Where the control lives in Orbit                                                                                                                                                                              |
| ------------------------------------------------------ | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| Identify the sender (true origin, no spoofed header)   | **Sender domain verification** — your `From` domain only accepts traffic once DKIM, SPF, and DMARC verify (Same posture as requirement 1 on [US CAN-SPAM](/compliance/can-spam#from-identity--sender-domain)) |
| Valid postal address (or reachable electronic address) | **Footer block in your template or HTML body** — keep the custodial address in a shared footer so every template carries it by construction                                                                   |
| Identify the sender behind a sending agent             | **Your template copy** — if an agent sends on your behalf, name both parties in the message body; the platform sends what you pass                                                                            |

Domain verification is a deliverability gate, not a statutory one — but
it is what gives the recipient and the CRTC a verifiable true-origin
header, which is the substance CASL's identification clause asks for.

***

## Unsubscribe mechanism

CASL s.6(2) requires an unsubscribe mechanism that is readily performed
and stays valid for at least 60 days. Two shipped Orbit surfaces satisfy
this by construction, and either can carry the burden:

* **List-Unsubscribe headers** — every outbound email carries the
  `List-Unsubscribe` / `List-Unsubscribe-Post` pair for RFC 8058
  one-click unsubscribe, plus an in-body unsubscribe link. A click or a
  provider POST writes an `email`-scope suppression row and an
  `email.unsubscribed` audit event — silent, no login wall.
  ([full header behavior](/compliance/can-spam#list-unsubscribe-header-behavior))
* **Preference Center** — a signed per-contact link your customers can
  reach directly, let them revoke per-channel from one place. Issue
  it via `POST /api/v1/compliance/preference-center` and the same
  suppression ledger records the click. ([Preference Center anchor](/compliance/send-gates#preference-center))

Keep both available; the 60-day validity is a property of the signed
link, which Orbit's token satisfies by construction.

***

## The consent ledger as CASL evidence

CASL s.13 and the record-keeping guidance make the consent record the
thing a CRTC audit asks you to produce. Orbit's [Consent
API](/compliance/consent-management) is exactly the surface that gives
you that record — each entry is timestamped, scoped to a channel, and
exportable.

A worked request: fetch the express-consent evidence for a Canadian
recipient before a campaign runs:

```bash theme={null}
curl "https://api.orbit.devotel.io/api/v1/compliance/consent/lookup?identifier=camille@example.ca&channel=email" \
  -H "X-API-Key: dv_live_sk_YOUR_KEY"
```

A typical response showing the CASL-necessary record:

```json theme={null}
[
  {
    "identifier": "camille@example.ca",
    "channel": "email",
    "state": "opted_in",
    "captured_at": "2026-06-01T14:22:10Z",
    "source": "checkout-form",
    "scope": "email"
  }
]
```

An `opt_in: true` (or `state: opted_in`, depending on the endpoint's
return shape) entry is the CASL-grade evidence you'd hand to the
auditor: timestamped, scoped, and idempotent. If your capture form
already writes consent through `POST /api/v1/compliance/consent` at
acquisition time, the audit trail exists — CASL's three-year record
window is a `GET`/export-away ([Consent
Management](/compliance/consent-management)/[export](/compliance/consent-management#export)).
For implied-consent tiers, keep the tier note on your own CRM and point
the consent entry at the tier you claim — the ledger is the transport,
the category is yours.

***

## Canadian numbers and quiet hours — a brief note

Canada has **no federal quiet-hours statute** the way the US TCPA
defines one for voice. A Canadian recipient simply defaults to whatever
window you have configured on the org-wide gate or the campaign
fallback window (21:00 → 09:00 recipient-local if you never set one).
Configure the window deliberately for Canadian recipients under
[Quiet hours configuration](/guides/quiet-hours-configuration) — and if
you run voice into Canada, the same recipient-local default window
applies there too.

***

## Related references

* [Consent Management](/compliance/consent-management) — the record
  you produce when the CRTC asks for consent evidence.
* [Opt-Out & Suppression Lists](/compliance/opt-out-suppression) —
  scope-`email` vs scope-`all`, bulk CSV import, and the per-entry-point
  scope matrix.
* [US CAN-SPAM](/compliance/can-spam) — the opt-out counterpart; the
  'Non-US email is not covered here' section points here.
* [Country Compliance Requirements](/compliance/country-requirements)
  — per-country sender rules and required documentation.
* [Quiet hours configuration](/guides/quiet-hours-configuration) —
  recipient-local gates and the campaign fallback window.
* [Send Gates](/compliance/send-gates) — the Preference Center and
  other suppression entry points.
