Canada has one of the strictest commercial electronic message regimes in the world, and it applies to the ordinary cold email a brand sends a creator asking whether they would like to work together.

It covers more than newsletters

A commercial electronic message is essentially any message sent to encourage participation in a commercial activity. A recruitment email to a creator, an offer of a paid collaboration or a follow up nudge all fall inside that description.

Consent is the core concept

The regime is built on consent, either express or implied. Implied consent can arise from an existing business relationship or from an address the recipient has published without saying they do not want unsolicited messages, and it does not last forever.

Every message needs identification and an unsubscribe

Who you are, how to reach you, and a working way to stop receiving messages that keeps working after the send. This applies to a one to one outreach email from a founder, not only to a bulk newsletter from a marketing platform.

Penalties are the reason people take it seriously

The financial exposure is significant enough that Canadian companies generally build consent handling into their tooling rather than treating it as a formality. A brand doing creator outreach at volume should be doing the same.

The practical version

Keep a record of where each address came from and on what basis you are contacting it, identify yourself properly, include a real unsubscribe, and honour it promptly. This is general information and not legal advice; a brand sending at volume should get the process reviewed once.

Keep reading

Find creators for your campaign →

Frequently asked questions

Does it apply to one to one email?

Yes, not only to newsletters.

What is the core concept?

Consent, express or implied.

What must every message contain?

Identification and a working unsubscribe.

Why do companies take it seriously?

The financial exposure is significant.