Humber/Ontario Real Estate Course 1 Exam Practice

What differentiates express consent from implied consent under Canada's Anti-Spam Legislation (CASL)?

1. Express consent is valid indefinitely

2. Implied consent depends on a previous relationship with the recipient

3. Express consent must always be provided orally and in writing

4. Implied consent has a validity of only six months

5. Implied consent never requires renewal

6. Express consent must be notarized

The correct answer is: Implied consent depends on a previous relationship with the recipient

The correct answer is focused on the concept that implied consent hinges on an existing relationship between the sender and the recipient. Under Canada’s Anti-Spam Legislation (CASL), implied consent arises when there is a previous relationship, such as a commercial transaction or ongoing communications, through which consent can be reasonably inferred. This relationship can set a context where the recipient might expect to receive messages from the sender. The key aspect of implied consent is its reliance on the context and circumstances surrounding the relationship, leading to the assumption that consent can be implied despite not being explicitly stated. This vastly differs from express consent, which must be clearly given by the recipient and does not rely on any assumptions about a relationship. This understanding highlights why the other statements do not accurately capture the essence of the differentiation between express and implied consent. For example, express consent does not have an indefinite validity period; it requires renewal after a certain time. Implied consent also does not automatically hold for only six months, nor does it negate the need for a relationship. Furthermore, express consent does not have to be notarized or provided in a specific oral or written form, while it must be clearly affirmative and explicit.