CASL implied consent calculator
Enter the date of an inquiry, a purchase or the end of a contract and see when CASL implied consent runs out: six months or two years, from the Act.
Under Canada’s anti-spam law, implied consent from an inquiry lasts six months, and from a purchase or a written contract two years. Enter a date to see when the window closes. General information, not legal advice.
Work out a date
Choose what happened and enter its date. Nothing you type leaves your browser.
The result adds the period to your date. Leave a margin: do not plan a send for the last day.
The periods, from the Act
What the calculator does not decide
- Whether there was a relationship. A name on a list is not an inquiry. The Act asks for an inquiry, a purchase or a contract.
- Ongoing relationships. Under subsection 10(14), where a purchase involves an ongoing subscription, account or similar relationship, the period starts when that relationship ends.
- Other kinds of implied consent. The Act also covers a business address that was published or given to you, under conditions. Those have no fixed period and are not calculated here.
- Whether your message is otherwise in order. Every commercial message still has to identify you, give your contact information and carry a working unsubscribe.
Before the window closes
- Ask for express consent. Say who you are, what you will send and that they can withdraw at any time.
- Record it. Keep the date, the source and the evidence. The onus of proving consent is on the sender.
- Set a reminder for the rest. For contacts who have not answered, stop before the date above.
The CASL guide for real estate email covers the rest of the Act, and CASL-aware email in Realtor Desk shows where consent is recorded and checked in the product.
Questions
Keep the consent date on the contact
Realtor Desk records the date and source of consent for each contact and refuses a send without it. 14-day trial; a card is collected up front and nothing is charged before day 14. Then CAD $149 a month.
They made an inquiry or application
Date of the inquiry
They bought or leased from you, including your services
Date of the purchase or lease
A written contract with you has ended
Date the contract ended
An inquiry or application
Six months before the message is sent
A buyer asks you about a listing, or a visitor asks for details at an open house.
A purchase or lease, including of a service
Two years before the message is sent
A client completed a transaction with you.
While it is in force, and two years after it ends
A listing agreement or a buyer representation agreement.
How long does implied consent last under CASL?
It depends on what created the relationship. Under subsection 10(10) of the Act, an inquiry or application supports implied consent for six months. A purchase, a lease or a written contract supports it for two years, counted from the purchase or from the day the contract ended.
When does the six-month period start?
On the day of the inquiry or application. The Act looks back six months from the day you send the message, so what matters is whether an inquiry falls inside that window. A later inquiry from the same person is a new inquiry, and the six months are counted from the most recent one.
Does express consent expire?
The Act sets no time limit on express consent. It lasts until the person withdraws it, and a withdrawal has to be given effect within 10 business days. That is why it is worth asking for express consent while implied consent still allows you to write.
Can I email someone to ask for consent after implied consent has run out?
Not by email or text. Under subsection 1(3) of the Act, an electronic message that asks for consent is itself a commercial electronic message, so it needs consent too. Ask in person, by phone or on paper, or ask before the window closes.
Who has to prove consent?
The sender. Section 13 of the Act puts the onus of proving consent on the person who claims to have it. Keep the date, the source and whatever shows it: the inquiry email, the signed sheet or the form record.
Does Realtor Desk calculate this for me?
No. Realtor Desk records the date and source of consent for each contact and refuses to send when none is on record. It does not work out when implied consent runs out. Use this calculator, then set a task for a date before the window closes.