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How to comply with CASL

CASL sets out requirements for the kinds of information that must be included in CEMs, as well as what is required in order to obtain consent to send CEMS.

CASL requires that all CEMs contain the following information:

  • the name of the University unit sending the message;
  • the following contact information for the University unit sending the message OR a link to the website containing this information:
    • the mailing address,
    • telephone number and/or email and/or web address
  • information about how to unsubscribe from future CEMs  (see the tab for Unsubscribe Mechanisms)

Prior to sending a CEM, a sender must have received the consent of the recipient.   

Express consent is obtained when the recipient has provided written consent to receive electronic messages.   This consent can be obtained in several ways including:

  • Physical Sign-up (e.g. recruitment cars or list);
  • Through a reply email;
  • Using a link to a web form; 
  • Clicking a checkbox.

How to Obtain Express Consent

Electronic messages requesting express consent under CASL are also considered to be CEMs.  Requests for express consent must contain the following information:

  1. the specific purpose for which you’re seeking their consent
  2. the name of the University unit seeking consent
  3. the following contact information for the University unit seeking consent (or a link to a website containing this information)
    • mailing address
    • telephone number and/or email address and/or web address
  4. a statement indicating consent can be withdrawn at any time.

All CEMs must provide an unsubscribe option that allows recipients to opt out of receiving future CEMs from the sender.  

The unsubscribe mechanism should be present at the bottom of the message each time a CEM is sent and should be a method that is simple and easy for the receiver to use.  This includes:

  • For email messages, allowing the individual to unsubscribe by email OR by clicking on a link that will take the receiver to a web page where the receiver can unsubscribe. 
  • For text messages, providing BOTH of the following options:
    • replying to the text message with the word “STOP”; and
    • clicking on a link that will take the individual to a web page where he or she can unsubscribe)

Unsubscribe is permanent unless further express consent is provided to receive CEMs.  When a request to unsubscribe is received, the recipient must be removed from the distribution list within 10 business days of the request.

Although the unsubscribe requirement under CASL applies only to CEMs, and there is no legal obligation to provide and unsubscribe mechanism in other types of communications, a unit may want to include information about how to unsubscribe as a good business practice  e.g. recruitment messaging to prospective students who have chosen to apply to a different institution.

When a CEM involves the collection of personal information, a Notice of Collection is required.

A Notice of Collection is used to obtain individuals' consent for the university to collect, use, and disclose personal information.  There is specific information that a Notice must include such as:

  • The legal authority the university has to collect the information;
  • The purpose(s) for which the information is being collected;
  • Contact information in the event of questions or concerns.

For more information about how to prepare a Notice of Collection and for standard language, please go to the Access and Privacy webpage for Preparing a Notice of Collection.