Canada CRTC and CASL: AI Voice Calls and Consent in 2026

Canada's Anti-Spam Legislation does not care whether the voice on the other end is human or generated. If your AI agent dials a Canadian number with a commercial purpose, you need consent on file. The CRTC's 2025-2026 enforcement posture has visibly tightened.

What the rule says

flowchart LR
  UA[SIP UA] -- REGISTER --> Reg[Registrar]
  UA -- INVITE --> Proxy[SIP Proxy]
  Proxy --> Dispatcher[Kamailio dispatcher]
  Dispatcher --> Worker1[FreeSWITCH worker]
  Dispatcher --> Worker2[FreeSWITCH worker]
  Worker1 --> AI[(AI agent)]
  Worker2 --> AI

Canada's Anti-Spam Legislation (CASL, S.C. 2010, c. 23) and the parallel Unsolicited Telecommunications Rules (UTRs) under the Telecommunications Act regulate commercial communication. CASL primarily governs commercial electronic messages (CEMs) including SMS and email; the UTRs (administered by the CRTC) govern voice telemarketing, including consent, identification, and the National Do Not Call List (DNCL). The CRTC has indicated CASL covers voice calls with commercial intent, and AI agents are not exempt. Express consent must be specific, documented, and revocable; implied consent applies only in limited cases (existing business relationship within 24 months, conspicuous publication of the number for business). Administrative monetary penalties (AMPs) reach CAD $10M per corporate violation; individuals up to $1M.

What it means for AI voice agent operators

Three pieces matter for AI voice agents calling Canadian numbers:

First, scrub against the National Do Not Call List (DNCL) before every campaign and at least every 31 days. The DNCL has its own subscription model; you must register as a telemarketer and pay the per-area-code or full-list fee. Calling a DNCL-registered number without an exemption is a per-call AMP exposure.

Second, identification and curfew. UTRs require the caller to identify the individual or organization on whose behalf they are calling, provide a phone number where they can be reached, and call only between 9am and 9:30pm weekdays / 10am-6pm weekends, in the called party's local time.

Third, AI disclosure. CASL itself does not yet mandate AI disclosure verbally on the call, but the CRTC is reviewing CASL for AI-aware updates and the practical, defensible posture in 2026 is to disclose. Disclosure also helps with the consent record: a recorded "this is an automated assistant from Acme; we have your consent on file from {date}" stitches the consent ledger to the call.

How CallSphere stays compliant

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Compliance checklist

1. Register as a telemarketer with the CRTC's National DNCL operator.
2. Subscribe to the DNCL by area code or full list before any outbound campaign.
3. Scrub at least every 31 days; better, scrub on each list refresh.
4. Capture express consent for marketing AI calls; document in writing or recorded verbal.
5. Identify the caller, the business, and a callback number at the start of every outbound call.
6. Disclose AI use clearly; "this is an automated assistant from {company}".
7. Honor the call curfew: 9am-9:30pm M-F, 10am-6pm weekends, local time.
8. Honor verbal opt-outs immediately; propagate to a unified suppression list within 14 days max.
9. Retain consent records for at least three years.
10. Sign DPAs with sub-processors and ensure cross-border transfers comply with PIPEDA and provincial laws (Quebec Law 25, Alberta PIPA, BC PIPA).
11. Monitor CRTC enforcement bulletins and the CRTC's CASL FAQ revisions quarterly.

FAQ

Is implied consent enough for an AI cold call? Implied consent (existing relationship, conspicuous publication) is risky for AI. Get express consent or rely only on existing-customer outreach.

Does the National DNCL apply to B2B? The DNCL covers consumer calls; pure B2B telemarketing has fewer DNCL constraints but still must comply with UTRs (identification, curfew, opt-out).

What about Quebec's Law 25? Law 25 (formerly Bill 64) imposes additional privacy requirements on Quebec-resident data including AI-related transparency. Treat it as a stricter overlay.

How big are the fines in practice? The CRTC has imposed multi-million-dollar AMPs on telemarketers. The deterrent is real; even one DNCL test purchase by an investigator can trigger a six-figure penalty.

Is recording legal in Canada? Canada is a one-party consent jurisdiction federally for criminal purposes (Criminal Code s. 184), but PIPEDA/Law 25 require notice and a justifiable purpose. Always disclose at call start.

Sources

• CRTC: Canada's Anti-Spam Legislation
• CRTC: Unsolicited Telecommunications Rules
• Office of the Privacy Commissioner of Canada (OPC)

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