CASL - Anti Spam Legislation

What This Page Covers

CASL governs how Realtors® send emails, texts, and direct messages for marketing purposes.
This training page explains:

• What a Commercial Electronic Message (CEM) is
  
  

• When consent is required
  
  

• The difference between express and implied consent
  
  

• How to avoid CASL violations
  
  

• How to apply CASL rules to real estate situations
  
  

• What information must be included in every marketing message
  
  

• Your documentation and record-keeping responsibilities
  
  

All agents must understand and follow CASL before sending any promotional messages.

Why CASL Matters in Real Estate

As Realtors®, most of our communication is electronic.
CASL protects consumers and requires us to:

• Send messages only when consent exists
  
  

• Identify ourselves clearly in every message
  
  

• Provide a clear and simple way to unsubscribe
  
  

• Keep proper records of consent
  
  

• Use ethical and permission-based marketing
  
  

Non-compliance can result in large CRTC penalties and brokerage disciplinary action.

What Counts as a CEM

A CEM is any message that encourages commercial activity.
In real estate, this includes:

• Just Listed or Just Sold announcements
  
  

• Open house invitations
  
  

• Buyer and seller promotions
  
  

• Market updates
  
  

• Newsletter content
  
  

• Automated CRM follow-ups
  
  

• Messages asking if someone plans to buy or sell
  
  

• Referral requests
  
  

If the message could lead to a transaction, it is almost always a CEM.

Messages That Are Not CEMs

These do not require consent:

• Replies to inquiries
  
  

• Personal messages not related to business
  
  

• Transactional messages (sending offers, amendments, documents)
  
  

• Appointment confirmations
  
  

• Communication between brokerages working on a deal
  
  

• Internal brokerage communication
  
  

Consent Requirements

Before sending any CEM, you must have:

Express consent
OR
Valid implied consent

Express consent is always preferred because it does not expire.

Express Consent (Best Practice)

Express consent must:

• Be given voluntarily
  
  

• Include a clear explanation of why you are requesting it
  
  

• Inform the person they may unsubscribe at any time
  
  

• Include your identifying information
  
  

Express consent may be obtained through:

• Our Express Consent Form
  
  

• Landing pages and website opt-ins
  
  

• A client signing up for newsletters
  
  

• A verbal “yes” that you document immediately in your CRM
  
  

Implied Consent (Limited Use Only)

Implied consent applies when:

• A client completed a purchase or sale with you in the past two years
  
  

• A person made an inquiry within the past six months
  
  

• Someone gave you their business card and your message relates to their business role
  
  

• Their email is publicly posted and your message relates to their role
  
  

• A referral was given (only for one message, and you must name the referrer)
  
  

Once implied consent expires, you cannot send further CEMs without obtaining express consent.

Required Information in Every CEM

Every marketing email, text, or direct message must include:

• Your name
  
  

• Brokerage name
  
  

• Mailing address
  
  

• Phone number or email or website
  
  

• A clear and functional unsubscribe option
  
  

This information must not be hidden.

Unsubscribe Rules

You must:

• Honour unsubscribe requests immediately
  
  

• Stop sending marketing messages to that person
  
  

• Update your CRM to reflect “unsubscribed”
  
  

• Ensure removal is completed within 10 business days
  
  

• Document the unsubscribe action
  
  

Unsubscribes apply across all your mailing lists and platforms.

Record-Keeping Responsibilities

You must document:

• How consent was obtained
  
  

• When consent was obtained
  
  

• Whether consent was express or implied
  
  

• When implied consent expires
  
  

• Any unsubscribe requests
  
  

This can be stored in your CRM or client file.

Applying CASL to Real Estate Situations

Email newsletters and market updates
Require express consent unless the person is an active or recent client.

CRM automations
Cannot begin until valid consent is recorded.

Text messages
Promotional texts require consent and must include opt-out wording such as:
“Reply STOP to unsubscribe.”

Social media direct messages
If you initiate the message for promotional purposes, consent is required.
If they message you first, you may respond.

Open house sign-ins
Visitors must actively check a box giving express consent.
Writing their email alone is not consent.

Referrals
You may send one introductory message and must include the name of the referrer.

Your Responsibilities as an Agent

You must:

• Confirm valid consent before sending any promotional communication
  
  

• Track implied consent expiry dates
  
  

• Maintain records of all consent
  
  

• Use brokerage-approved sign-in sheets, landing pages, and opt-in forms
  
  

• Honour unsubscribes immediately
  
  

• Ensure assistants and team members follow CASL
  
  

• Use approved platforms for group messages
  
  

Failure to comply may result in retraining, loss of email privileges, or disciplinary action.

Resources on This Page

You can include the following as links:

• Greater Calgary Real Estate CASL Policy & Procedures
  
  

• CREA Summary Guidance on CASL
  
  

• Express Consent Form (PDF or Google Form)
  
  

• Open House Consent Sign-In Sheet
  
  

• CASL Agent Quick Guide
  
  

• CASL “Before You Send” Checklist