BeforeCAN-SPAM does not require prior consent to send commercial email. Brands accustomed to US email marketing operate on the assumption that any email address they collect is fair game for commercial messaging, with opt-out managed reactively. CASL prohibits this for Canadian recipients. Under CASL, express consent is required for most commercial electronic messages. Express consent means the recipient took a positive action to consent — ticking a clearly labelled checkbox at checkout, completing a sign-up form that clearly describes what they are consenting to receive. Implied consent under CASL exists in limited circumstances: existing business relationship (a transaction within the past 2 years), a published contact address where the message is relevant to the person's role, or a membership or subscription relationship. Implied consent expires after 2 years from the last transaction. Most US brands with Canadian subscribers have not configured Klaviyo to track implied consent expiry dates, meaning they continue sending to contacts whose implied consent window closed months or years ago.
AfterExpress consent share of list: Above 70%. Welcome flow open rate: 40-55%.
BeforeCASL requires businesses to be able to prove they obtained consent if challenged — either by a recipient complaint or by the Canadian Radio-television and Telecommunications Commission (CRTC). The proof requirement means the burden of evidence falls on the sender, not the complainant. A brand that cannot produce the date consent was obtained, the channel through which it was obtained, and the method (express opt-in form, transaction-based implied consent, etc.) has no defence in a CASL investigation. Klaviyo stores custom profile properties, and CASL compliance requires that three properties be populated for every Canadian contact at the time of collection: consent timestamp, consent source (for example "Shopify checkout opt-in checkbox"), and consent type (express or implied). If these fields are not currently in your Klaviyo profile schema, any Canadian contact added after the omission was introduced cannot be proven compliant.
AfterCampaign send open rate: 20-35%. Implied consent contacts approaching 2-year expiry (re-consent campaign list): Reviewed monthly.
BeforeQuebec's Charter of the French Language requires that commercial communications offered to Quebec consumers be available in French. Recent amendments to the Charter (Bill 96, in force from 2023) strengthen this requirement and extend it to e-commerce contexts. An e-commerce brand that sends only English-language commercial email to Quebec subscribers is not meeting this obligation. This is a distinct risk from CASL — it is a Quebec provincial law issue, not a federal spam law issue. Practically, this means building French-language variants of core automated flows (welcome, abandoned cart, post-purchase, win-back) and routing Quebec-based subscribers to the French variant as the default, with English available as an option where the subscriber has indicated a language preference.
AfterFrench-language Quebec flow open rate: Within 5% of English equivalent.
BeforeCASL's unsubscribe requirements are specific. The unsubscribe mechanism must be clearly identified in every commercial message, must function for at least 60 days after the last commercial message sent, and must be acted upon within 10 business days of the request being made. Klaviyo's default unsubscribe handling meets these requirements for standard list unsubscribes, but CASL compliance also requires that unsubscribe requests received through channels other than the email link (for example, a reply email saying "remove me" or a phone call) be recorded and processed within the same 10-business-day window. Brands that have not documented their unsubscribe processing procedure — including the 60-day functioning mechanism requirement — have a compliance gap that a CRTC audit would surface.
AfterUnsubscribe processing within 10 business days: 100%.