CASL, DNCL, Find Out What They Mean and How to Stay Dialled

Canadian consumers are protected from unsolicited commercial marketing by two key pieces of federal legislation known as Canada’s anti-spam legislation (“CASL”) and the National Do Not Call List (“DNCL”). As licensees, you need to understand how these impact your marketing activities, including digital marketing and unsolicited calls, so that you can remain compliant. 

CASL and Spam Explained

CASL protects consumers and businesses from the misuse of various forms of digital technology. It was created to reinforce best practices in email marketing and combat spam and related issues. These issues include identity theft, phishing and the spread of malicious software such as viruses, worms and trojans (malware).

If you communicate to consumers by email, it is important that you understand when that digital communication can be classified as spam to avoid being offside. Spam means more than just sending unsolicited emails. You should read the full legal definition of spam.

The National Do Not Call List

This is a list that consumers can join if they do not want to receive unsolicited calls from organizations such as real estate brokerages and their licensees. Consumers can add their personal telephone numbers, cell phones, faxes and VoIP numbers to the list. As with CASL, it is prudent to review the Unsolicited Telecommunications Rules to understand how unsolicited contact, such as cold calling, could violate a consumer’s wishes to not be contacted.

Business-to-business telemarketing calls such as brokerage to brokerage calls are exempt from the national DNCL. For example, if you call a home inspection company to sell them on your services so that they will refer you to clients, this type of call is exempt from DNCL.

How to Ensure You Are in Compliance

As a licensee, any advertising you do is done on behalf of your brokerage. This means that you and your brokerage could incur fines and possible litigation if you breach CASL or the DNCL. It is important that you understand these guidelines along with your brokerage’s policies and procedures which restrict the types of advertising you are permitted to do to ensure compliance with the legislation.

BCFSA has additional information located in the knowledge base to help licensees understand their obligations when advertising and marketing to the public.