CASL (CASL)
Also known as: Canada anti-spam legislation
In short
CASL is Canada's anti-spam legislation. It governs commercial electronic messages such as email, text, and some social messages, and generally requires the recipient's consent, clear sender identification, and an easy unsubscribe mechanism.
For GTM teams, CASL matters whenever a message is sent to a recipient in Canada, even if the sender is elsewhere. It is stricter than the US opt-out approach. This is general information, not legal advice.
The three core requirements
- Consent: Senders generally need consent before sending a commercial electronic message. Consent can be express or, in limited cases, implied.
- Identification: Messages must say who is sending them and include contact information.
- Unsubscribe: Every message needs a clear, working way to withdraw consent, and requests must be honored promptly.
Express vs. implied consent
Express consent
The person actively agreed, for example by ticking a box or confirming on a form. Keep a record of when, how, and to what they agreed.
Implied consent
Some relationships allow implied consent for a limited period, such as an existing business relationship or a published business address with no do-not-contact notice, where the message relates to the recipient's role. These conditions are narrow and time-limited, so confirm how they apply to your case.
What CASL means for outbound teams
Prospecting into Canada needs more care than prospecting into the US. Tag contacts by country and basis for contact, and treat Canadian recipients differently from the default list.
- Record the basis: Store the consent type and date in the CRM so you can show why a contact was emailed.
- Segment by region: Route Canadian contacts into a separate sequence or exclude them until the basis is clear.
- Track expiry: If you rely on implied consent, track when it ends and stop sending.
Example
Say a team imports 2,000 contacts from a trade show and 150 are Canadian. Before sequencing, the team filters the Canadian contacts, checks whether each has express consent from a form or a documented business relationship, and holds the rest back.
Common mistakes
- Applying the US opt-out model to Canadian contacts.
- Not keeping proof of consent.
- Treating a published email address as permission without checking the conditions.
- Missing the unsubscribe link in follow-up steps.
CASL FAQs
What is CASL?
CASL is Canada's anti-spam legislation. It regulates commercial electronic messages and generally requires consent from the recipient, clear sender identification, and a working unsubscribe mechanism. It applies to messages sent to recipients in Canada. This is general information, not legal advice.
Does CASL apply to B2B email?
Yes. CASL covers commercial electronic messages sent to business contacts as well as consumers, although some situations allow implied consent. Teams should check how the rules apply before emailing Canadian contacts. This is general information, not legal advice.
What is the difference between CASL and CAN-SPAM?
CAN-SPAM is a US opt-out law: you can email without prior consent if you follow its rules and honor unsubscribes. CASL generally requires consent first, express or implied, which makes it stricter for cold outreach.
What is express vs. implied consent under CASL?
Express consent means the person actively agreed to receive messages, and you should keep a record of it. Implied consent arises in limited situations, such as an existing business relationship, and it is usually time-limited.
