CASL — Canada's Anti-Spam Legislation — requires consent before you send a commercial electronic message to someone in Canada, and that includes B2B prospecting emails. Consent can be express or implied — for example a business address published on a company website, when your message relates to the person's role — and every message must identify you and offer a working unsubscribe.
This article is general information, not legal advice. Check with a lawyer before launching an email program.
What CASL covers
- Commercial electronic messages: emails, text messages and social media direct messages that encourage taking part in a commercial activity
- Messages sent to an electronic address in Canada, wherever your company is based
- Not phone calls: those fall under the CRTC's telemarketing rules
- Not the content of your website, which isn't a message
Express consent
Express consent is a clear "yes" from the person. When you ask for it:
- State why you're asking, who is asking (with contact details) and that consent can be withdrawn at any time
- Don't use pre-ticked boxes
- Keep a record: date, method and the exact wording
Express consent doesn't expire until the person withdraws it.
Implied consent: the cases B2B teams use
- Conspicuous publication. The address is published — on a company website or in a directory — without a statement refusing messages, and your message relates to the person's role or business.
- Disclosure. The person gave you their address — for example on a business card at an event — without saying they don't want messages, and your message relates to their role.
- Existing business relationship. A purchase or contract in the last two years, or an inquiry in the last six months.
Implied consent from a business relationship expires, so track the dates in your CRM.
Exemptions worth knowing
- A referral. One message to someone referred by a person who has a relationship with both of you, naming that person.
- Between organizations. Messages between employees of organizations that already have a relationship, about the activities of the organization receiving them.
- Answers. Replies to a request, an inquiry or a complaint.
What every message must include
- Your name, and the name of the client you're writing for if it's different
- A mailing address, plus a phone number, an email address or a web address
- An unsubscribe that is free, easy to use, works for at least 60 days and is honoured within 10 business days
Penalties
The CRTC can impose administrative monetary penalties of up to $10 million per violation for an organization and $1 million for an individual. Directors and officers can also be held liable.
A CASL checklist for outbound
- Record the consent basis and the source for every contact
- Check that published addresses carry no "no solicitation" notice
- Make every message relevant to the person's role
- Include your identification and an unsubscribe link in every email
- Sync unsubscribes across all your tools within 10 business days
- Track relationship dates so implied consent doesn't lapse unnoticed
CASL rewards relevance: write to people about their job, say who you are, and make it easy to leave.
How Pratura handles it
Our SDRs record the consent type, source and date for every Canadian contact in your CRM, write only to people about their role, and sync unsubscribes across tools — in English and French. See how we prospect across Canada.
Written by
Pratura team
Our SDR, customer experience and RevOps teams share what works on the floor — in Canada, France, Belgium and beyond.
Want help putting this into practice?
Book a strategy call
