Quebec Condo Anti-Spam Law: Email and CASL

Email communication has become essential for a divided co-ownership syndicate. Notices of annual general meetings, minutes, reminders about condo fees and information about work circulate quickly and efficiently. However, these messages must comply with Canada’s anti-spam legislation (CASL), Bill 25 (privacy) and the Civil Code of Quebec. Updated as of 2026-07-12, here is what your board of directors needs to know to remain compliant and avoid fines.

We cover the essentials of the Quebec condo anti-spam law, email and CASL, from consent and unsubscribe mechanisms to proof and document governance.

CASL in brief: what it changes for a syndicate

Canada’s anti-spam legislation (CASL) governs the sending of commercial electronic messages. In divided co-ownership, many emails are strictly administrative (e.g., notice of an annual general meeting, sending the minutes, notice of work in the common portions). These factual messages do not promote a product or service.

However, a message becomes a “commercial electronic message” if it has, in whole or in part, a promotional purpose (e.g., an offer from a supplier, sale of parking spaces, paid activities in the pool, partner advertising). In these cases, CASL generally requires:

• Valid consent (express or implied, depending on the circumstances);
• Clear identification of the sender and complete contact information;
• A simple and functional unsubscribe mechanism.

At the same time, the Civil Code of Quebec governs notices and the holding of co-owner meetings, including the methods of service and transmission. Refer to the Civil Code on LégisQuébec for the general rules relating to syndicates and meetings (see Coexistence with CASL requirements):

• Civil Code of Quebec, Book of Persons, divided co-ownership: LégisQuébec – CCQ-1991.

Finally, electronic communications are also governed by the Act to Establish a Legal Framework for Information Technology (LCCJTI) and, regarding data protection, the Act respecting the protection of personal information in the private sector (as amended by Bill 25):

• LCCJTI – C-1.1;
• Private Sector Act – P-39.1.

For industry-specific best practices, also consult the RGCQ.

Consent: express, implied and common exceptions

The basic principle is simple: without consent, no commercial messages. In a divided co-ownership, you may encounter three situations.

Express consent

• Given clearly (signed form, online checkbox, email stating “I agree”);
• Specifies the nature of the messages (e.g., the syndicate’s newsletter, partner offers);
• Indicates who the sender is (the syndicate, an appointed condominium manager) and how to unsubscribe.

This is the safest approach, particularly for promotional content or when you include a commercial advertisement in an otherwise informative email (e.g., minutes plus a promotion from a Regie du batiment du Quebec (RBQ) contractor).

Implied consent

It may arise from an existing relationship. In a divided co-ownership, you maintain an ongoing relationship with co-owners for the administration of the building and the collection of common expenses. Implied consent may therefore cover communications related to that relationship, for a limited period and depending on the purpose. Be cautious: if the message is promotional, favour express consent.

Common exceptions (no consent required)

• A response to an express request from a co-owner;
• Messages that are solely factual and necessary to fulfil the syndicate’s legal obligations (e.g., notice of an annual general meeting, sending the budget, notice of urgent work affecting safety);
• Internal messages strictly related to an insurance claim, a formal notice or the performance of the declaration of co-ownership and the by-laws of the immovable;
• Communications required by law or a court or tribunal (see the Civil Code of Quebec; the LCCJTI for the validity of electronic media).

In all cases, apply the principle of data minimization (Bill 25): collect and disclose only the information that is necessary.

Proof of consent

The board of directors must be able to demonstrate the source, scope and date of consent. Keep:

• The signed form (paper or electronic) and the email address for which consent was given;
• Logs of checked boxes (with timestamps and IP addresses, where applicable);
• Correspondence confirming acceptance and unsubscribing.

As needed, remember that the LCCJTI recognizes the legal value of technological documents when their integrity is ensured.

Required content and unsubscribe mechanism

Even when consent is not required (e.g., notice of an annual general meeting), adopt a clear and consistent format. For commercial or mixed messages, ensure that every message contains:

• The sender’s identity (the syndicate, condominium manager) and postal and electronic contact information;
• A subject line that accurately reflects the content (no ambiguity);
• A visible and functional way to unsubscribe, at no cost and without unnecessary friction;
• A monitored reply address.

Best practices for unsubscribing:

• A single link allowing recipients to stop receiving promotional messages while continuing to receive mandatory communications (annual general meetings, minutes, safety);
• Fast processing (ideally immediate; in all cases, within a reasonable period);
• Confirmation of the withdrawal sent to the individual.

Consider separating your mailing lists: “administrative notices” (mandatory) versus “newsletter / partners” (optional). This way, a person can unsubscribe from commercial content while continuing to receive essential notices.

Practical table: what consent is required for each type of email?

For additional guidance on holding meetings and governance, consult the RGCQ – Resources.

Processes and best practices for the board of directors

Putting a clear framework in place protects both you and your co-owners.

• Communications policy: have the board of directors (and, where appropriate, the annual general meeting) adopt a policy specifying the official channels, types of messages, and how consent and unsubscribing are managed. Incorporate it into the by-laws of the immovable and the declaration of co-ownership where appropriate.
• Standardized forms: include an express consent clause when a person purchases, moves into or annually updates their contact information. Provide separate options (administrative notices versus promotional communications).
• Centralized register: maintain a register of consents, withdrawals and bounces; retain proof (LCCJTI) and control access (Bill 25). Limit local downloads and use dynamic lists.
• Security and confidentiality: avoid using the “To” or “Cc” fields for mass emails; use “Bcc” or a dedicated mailing tool. Hide the addresses of other co-owners. Update the address book whenever a condo is sold.
• Document governance: record in the annual general meeting minutes decisions concerning electronic communication methods. Describe the templates and message categories. Retain the different versions.
• Working with your condominium manager: define who clicks “send” and who maintains the register. Delegate these responsibilities by board of directors resolution and verify that the contract complies with Bill 25 (data processing agreement).

For structured support, see our administrative management and financial management services. You can also visit the multiRent blog for other practical guides.

Penalties, risks and mitigation plan

CASL provides for significant administrative monetary penalties in cases of non-compliance, as well as reputational risks for your syndicate. Typical issues in divided co-ownership include:

• Promotional messages sent without documented express consent;
• An absent or non-functional unsubscribe link;
• Confusion about the sender’s identity (syndicate versus condominium manager) and incomplete contact information;
• Poor segmentation: combining mandatory notices (annual general meetings, minutes, safety) with promotions, forcing unwanted global unsubscribes;
• Privacy breaches (disclosure of addresses, lack of a legal basis, excessive retention), exposing the syndicate to notification obligations (Bill 25) and interventions by the CAI.

Recommended mitigation plan:

1. Audit your templates and lists (legal, privacy, security);
2. Implement a consent register and granular opt-out mechanisms;
3. Provide annual training for directors and the condominium manager;
4. Review supplier contracts and the declaration of co-ownership/by-laws of the immovable to reflect the official channels;
5. Conduct an incident simulation (sending error, address leak) and establish a response protocol.

Useful reminders (official references):

• Legal basis and syndicate obligations: Civil Code of Quebec – CCQ-1991;
• Value of technological documents: LCCJTI – C-1.1;
• Protection of personal information (Bill 25): P-39.1 – private sector.

If you are uncertain, you can also consult guidelines from your professional association or the RGCQ.

This article provides general information and does not constitute legal advice. Consult a lawyer or notary regarding your situation.

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