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CASL Guide for Advisors

Last updated: June 2025

Not a lawyer? Neither are most advisors. This guide breaks CASL down into plain language with practical examples for your advisory practice. For formal legal advice, consult a Canadian lawyer.

The 60-Second Version

CASL says: before you send any commercial email or text message to a Canadian address, you need consent, you need to identify yourself, and you need to include an unsubscribe option. Breaking any of these rules can result in fines up to $1 million per violation for individuals.

AdvisorApex handles the unsubscribe option and identification automatically. Your job is to get and track consent correctly.

Express Consent — The Gold Standard

Express consent means the person explicitly said “yes, you can email me.” This could be:

  • A checkbox on your landing page: “I agree to receive information about insurance and financial solutions from [Your Name]”
  • A verbal agreement where you documented the consent in writing and the person was made aware
  • A signed consent form

Express consent does not expire — but it is lost the moment the person unsubscribes. AdvisorApex funnel pages capture express consent with timestamp, IP address, and source URL automatically.

Implied Consent — Use It, But Track It

Implied consent exists when:

  • Existing business relationship (EBR): The person purchased a policy, investment, or service from you in the last 2 years. The clock resets with each purchase.
  • Active inquiry: The person contacted you (called, emailed, filled in a form) in the last 6 months asking about your services.
  • Conspicuous publication: They published their email address on a website or business card without a CASL opt-out notice, and your message is relevant to their business role.
  • Member/donor relationship: They are a member of your professional association or have donated to your charity, and their membership/donation was in the last 2 years.

Implied consent has a time limit. Once it expires, you cannot legally send CEMs without converting them to express consent first. AdvisorApex will flag implied consent records approaching their expiry window.

Common Advisor Scenarios

Scenario 1: Warm referral from an existing client

Your client gives you their friend’s contact info. The friend has not contacted you or opted in. You have no consent. You can make one call to introduce yourself and ask for permission to follow up by email — but you cannot send a CEM until you have consent.

Scenario 2: Online lead from your landing page

The person filled in your AdvisorApex funnel form with the express consent checkbox checked. You have express consent — captured with timestamp and IP. You can email and text freely until they unsubscribe.

Scenario 3: Existing client whose policy renewed 3 years ago

Your last business transaction was more than 2 years ago. Implied consent has expired. Before emailing this client about any new products, you need to get express consent — a phone call, an in-person meeting, or a consent form.

Scenario 4: LinkedIn connection who never interacted with you

Connecting on LinkedIn does not constitute CASL consent. You have no consent. Do not send cold CEMs to LinkedIn connections.

How AdvisorApex Helps

  • Every lead record has a mandatory CASL consent field — Express, Implied, or None
  • AI agents will not draft outbound CEMs to leads with “None” consent status
  • The Do Not Contact flag permanently blocks all outbound communications
  • Funnel pages capture express consent with timestamp, source, and IP automatically
  • Implied consent expiry warnings appear in the lead record before the window closes
  • All CEMs sent through the platform include your identification and a working unsubscribe link

Useful Links

fightspam.gc.ca — Official Government of Canada CASL resource

CRTC CASL enforcement page

AdvisorApex CASL settings: Your dashboard → Compliance

Platform CASL policy: CASL Compliance Policy

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