When it comes to email marketing, we need to shift the conversation. Instead of focusing on quantity, we need to focus on quality.
The truth is, your list size doesn’t tell the whole story anymore. What really matters is how engaged your audience is and whether they’re actually taking action when your message lands in their inbox or on their phone via SMS.
As marketers, it’s our job to move past vanity metrics and help executives understand what drives real ROI. A bloated email list with low open rates isn’t a sign of success. It’s a red flag. What we should be tracking is deliverability, engagement, and conversions, not just raw subscriber numbers.
If your C-suite is still measuring your Commercial Electronic Message (CEM) program by how many people are on the list, it might be time for a heart-to-heart. Because let’s be honest, if your messages aren’t being opened or clicked, what’s the point?
Now is the time to explore how email and SMS marketing have evolved and why CASL compliance is more than just a checkbox. It is about building trust, sending smarter, and protecting both your business and your subscribers.
How CEM and Email Marketing Have Evolved
Once upon a time, sending a newsletter was easy. You wrote it, hit send, and hoped for the best. But times have changed. Platforms are smarter, spam filters are stricter, and people’s inboxes are more crowded than ever.
Now, you’re not just fighting for attention; you’re fighting to get through the door at all.
Today’s deliverability landscape is shaped by:
- Open rate tracking blocks from Apple Mail Privacy Protection
- Gmail and Yahoo tightening up spam detection rules
- Laws like CASL that penalize sloppy or misleading outreach
The solution? Send fewer emails, but send them better. Focus on your most active, engaged audience, and make sure every message you send is legally compliant under Canada’s Anti-Spam Legislation.
What is CASL?
CASL (Canada’s Anti-Spam Legislation) regulates Commercial Electronic Messages (CEMs), including emails, SMS/texts, and other types of electronic communication sent in or from Canada for commercial purposes. If you’re promoting products, services, or encouraging any kind of business transaction, it qualifies as a CEM. And yes, that means CASL applies.
To stay compliant with CASL rules in Canada, businesses must follow three key rules before hitting send:
1. You Must Have Valid Consent
Express Consent (Recommended):
- The person has clearly agreed (e.g., checked a signup box)
- Consent does not expire unless they unsubscribe
- Document how, when, and where they consented
Implied Consent (Time-Limited):
- A business relationship exists (e.g., they bought something in the last 2 years)
- They made an inquiry in the last 6 months
- Their contact info was published publicly and is relevant to your offer
Pro Tip: Use automated workflows in your CRM or ESP to track implied consent timelines and prompt re-consent when needed.
2. Provide Clear Identification
Every CEM must include:
- Your business name
- A physical mailing address (a PO box is acceptable)
- At least one form of contact (phone number, email, or website link)
Pro Tip: Make this part of your email footer template so it’s always included and standardized across campaigns.
3. Include an Unsubscribe Option
- Your message must have a visible, simple unsubscribe link
- The link must work for at least 60 days after the email is sent
- Unsubscribe requests must be processed within 10 business days
Pro Tip: Your email platform should handle unsubscribes automatically. Make sure it is functioning properly and logging the activity.
CASL Isn’t Just About Email
CASL also applies to text messages (SMS). If you’re using SMS for promotions, reminders, or flash sales, you need:
- Consent (just like email)
- Business identification
- Opt-out instructions (e.g., “Reply STOP to unsubscribe”)
Additional Compliance Considerations
CASL compliance is not just a once-a-year task. It’s something you embed in your systems. Here’s what else you should be doing:
- Keep detailed records of consent and unsubscribes
- Review vendor compliance if third parties send on your behalf
- Refrain from adding marketing content to transactional emails unless consent is secured
- Audit your CRM and email systems regularly to ensure consent is verified before send
CASL Compliance Checklist (Last Updated: June 2025)
Wrapping Up: It’s About Respect and Results
At the end of the day, CASL compliance isn’t just about avoiding fines. It’s about respecting your audience’s inbox and making sure the messages you send are wanted, welcomed, and worth opening.
So don’t just focus on how many people are on your list. Focus on how many are actually listening. That’s where the real marketing magic happens.
If you’ve been tasked with making sure your company is CASL compliant, you’re not alone. But here’s the thing most marketing teams get wrong. They drastically underestimate the time, resources, and cross-functional coordination it takes to get it right. It is not just a settings tweak or a once-a-year policy check. It’s a full program audit that touches data, systems, content, training, and long-term governance.
And while marketers might understand that, senior leadership often does not.
That’s why Part 2 of this blog is coming next. We’ll break down exactly how long a CASL compliance project takes for small, mid-sized, and large organizations. You’ll also get a realistic roadmap you can take to leadership to help set expectations, secure buy-in, and protect your team from burnout.
Stay tuned. This is the part where strategy meets execution. And it is where most compliance efforts either succeed or stall out.
