CASL will directly affect Canadian businesses that rely on email as part of their marketing/sales strategy. Read about it right here!

1. CASLwhat this means for brokers.

2. What is it?CASL = Canada’s Anti-Spam Legislation
Will begin roll-out as of July 1, 2014
The purpose is to protect consumers from spam, by defining rules
for sending commercial electronic messages (CEM), while ensuring
that businesses can still continue to compete in the marketplace.
[Government of Canada]
CASL
This information does not constitute legal advice & should not be relied upon as such.

3. What is a CEM?A CEM (commercial electronic message) is a message sent by any means of
telecommunication (text, sound, voice, image, email) with the purpose of encouraging
the participation in commercial activity (with or without the expectation of a profit.) It
can be any one of the following:
(1) Message that offers to purchase, sell, a product, goods or services
(2) Message advertising or promoting anything. (e.g.: Groupon Coupons)
(3) Message promoting a person, as being someone who sell products, goods or
services. (e.g.: Producer A specializes in… let’s chat!)
CASL
This information does not constitute legal advice & should not be relied upon as such.

4. • Sending unsolicited commercial messages
• Alter transmission data without expressed consent (e.g.: individual causes an electronic
message to be sent to a destination that is different from that which the sender intended)
• Sending CEM with false/misleading representations (e.g.: combats phishing; subject header
like “please click this link to confirm you are…”
• Collecting email addresses using computer programs without consent (e.g.: Generally, this
refers to the collection of people's personal information from a computer through illicit means such as
criminal hacking or spyware.)
• Collecting personal information using unauthorized access to a computer system (e.g.:
cookies)
Key Prohibitions
CASL
This information does not constitute legal advice & should not be relied upon as such.

5. How does this affect me?
CASL
Currently, it is permissible to gather email addresses of potential prospects/leads and
email without their express or implied consent (with some exceptions.) But as of July
1, 2014 you can no longer send unsolicited emails without either of the two.
(1) CASL will prohibit sending commercial electronic messages without express
consent.
(2) CASL will prohibit the installation of computer programs without consent (e.g.:
cookies)
(3) CASL will prohibit the alteration of transmission data or rerouting of a message
without express consent. (e.g.: individual causes an electronic message to be
sent to different destination from that which sender intended.)
This information does not constitute legal advice & should not be relied upon as such.

6. Exclusions
CASL
It will be prohibited to send a CEM unless:
(1) B2B Communications e.g.: Message sent by employee, rep, contractor etc., and must be relevant to the
business, role function of the recipients within the previous two years.
(2) Query. If a consumer requests information, complains or inquiries, a business can respond as consent is
implied (company has 6 months to respond from the time the query was sent.)
(3) Legal obligation. Message can be sent to enforce legal, juridical or contractual obligations. (e.g.: former client
not following through on bill payment.)
(4) Third-party referrals. E.g.: if someone gives you the recipients contact information, you must disclose that in
the message. The person who made the referral must have a prior relationship with the recipient (business,
personal or family.) *You can only send one email.
(5) Family/Friends. e.g.: if you email family or friends, you do not need express consent.
This information does not constitute legal advice & should not be relied upon as such.

7. Implied Consent
CASL
Examples:
(1) Existing business relationship e.g.: a former client who purchased insurance previously (within the last two
years) or someone who had an inquiry/application within the previous two years.
(2) Existing non-business relationship e.g.: membership in club or voluntary association within the previous
two years.
(3) Conspicuous publication of email address e.g.: someone posts their email address on their webpage
without a caveat stating that they do not wish to receive unsolicited messages relative to business function. *You
can send as many emails as you want.
*** Disclosure of business card info does not constitute consent under CASL. e.g.: if you’re at a
networking event and someone hands you their business card with contact information, it’s advised to connect with
them via telephone and specifically ask if you can follow up with company communications.
This information does not constitute legal advice & should not be relied upon as such.

8. What about Social Media?
CASL
Good question.
CASL provides exclusions from all requirements of the Act that are sent on platforms (like LinkedIn) where the
required identification and unsubscribe information is conspicuously published and readily available to the recipient
on the user interface, where duplication in each message would be needlessly repetitious.
This will be the case as long as the company/individual makes contact information accessible (e.g.: updated
email/phone number and business address on profile); there is an unsubscribe mechanism (e.g.: LinkedIn has the
built in ability for any user to decline an InMail message or alternatively, if someone tries to connect but the recipient
indicates they do not know the sender); and finally, implied consent to send a message (e.g.: if you are sending
messages to people you have already connected with (best practice) you will essentially be covered under implied
consent.)
This information does not constitute legal advice & should not be relied upon as such.

9. What can I do?
CASL
Obtain express consent from each contact (whether a current client or not), by clearly
identifying the following:
(1) The purpose for which the consent is being sought.
(2) Information that identifies the person or person on whose behalf consent is being
sought.
(3) Inclusion of the address and contact information.
(4) Unsubscribe mechanism, easily identifiable. Must have the ability to unsubscribe
within 10 business days.
(5) Keep an up-to-date database.
#1
This information does not constitute legal advice & should not be relied upon as such.

10. EXAMPLE:
CASL
Dear XYZ Company
As one of Canada’s most award-winning brokerages, we value the relationship we have with our clients and the community. At Rogers
Insurance, we believe in the importance of sharing knowledge and resources . With that in mind, we’d like to continue providing
information that we believe is relevant to you and your business. If you agree, please provide your consent below.
Please note that you may withdraw your consent at any time.
Kind regards,
Kat Macaulay
COMMUNICATIONS SPECIALIST
Direct 403 717 5525
kmacaulay@rogersinsurance.ca
600-1000 Centre Street North
Calgary, AB T2E 7W6
Main 403 296 2400 Fax 403 520 7258
Toll Free 1 800 565 8132
www.rogersinsurance.ca
This information does not constitute legal advice & should not be relied upon as such.

11. Timeline:
CASL
CASL comes into effect July 1, 2014
• Between now and then, you will want to obtain consent from all previous contacts who have not previously
received two or more CEMs
• Between July 1, 2014 – July 1, 2017, obtain express consent from all contacts
• Have your communications team help you implement an unsubscribe mechanism
This information does not constitute legal advice & should not be relied upon as such.

12. NEED HELP?
E: kmacaulay@rogersinsurance.ca
https://www.facebook.com/rogersinsuranceltd
https://twitter.com/expertbrokers
http://www.linkedin.com/company/rogers-insurance
https://www.youtube.com/expertbrokers
CASL
This information does not constitute legal advice & should not be relied upon as such.
Contact Rogers Insurance Ltd., to learn more about CASL compliance and how to properly insure your
company against potential litigation and penalties.